HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 7/21/2015This page intentionally left blank.
40 KENT CITY COUNCIL AGENDAS
1k July 21, 2015
wv .. `�..40.�✓ Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
*********************************************************************
COUNCIL WORKSHOP AGENDA
5 P.M.
Subiect
Speaker
Time
Metro Transit's Long -Range Plan
Stephen Hunt
30 min
Fireworks
Council
30 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Historical Note from Kent's 125th Anniversary
B. Public Recognition
C. Tacoma Stars Introduction
D. Introduction of the Financial Sustainability Task Force Members
E. Introduction of Youth for Appointment to the Kent Arts Commission
F. Introduction of Eagle Creek Neighborhood Council
G. Community Events
H. Proclamation for Parks and Recreation Month
I. Proclamation for National Night Out
J. Public Safety Report
K. Intergovernmental Reports
5. PUBLIC HEARING
A. 2016-2021 Six -Year Transportation Improvement Program (TIP)
Resolution - Public Hearing
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, "Public Comments," on the reverse side.
(Continued)
COUNCIL MEETING AGENDA CONTINUED
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop - Approve
B. Appointment of the Financial Sustainability Task Force - Confirm
C. Appointment to Kent Arts Commission Youth Representatives - Confirm
D. Ten Year Interlocal Agreement with Water Resource Inventory Area
(WRIA) 9 - Authorize
E. Consultant Agreement with R2 Resource Consultants for Mitigation for the
Mill Creek Reestablishment Project - Authorize
F. Grandview Apartments Slope Easement and Staging Area License
Agreement - Authorize
G. Multifamily Tax Exemption Code Amendment Ordinance - Adopt
H. Critical Areas Ordinance and Flood Hazard Regulations Ordinance - Adopt
I. Neighborhood Council Resolution - Eagle Creek - Adopt
8. OTHER BUSINESS
9. BIDS
A. North Park Drainage Improvements: W. Cole St. to W. Cloudy St.
between 2nd Ave. N. and 3rd Ave. N. - Award
B. Traffic Control System Traffic Signal Display Modifications Project - Award
C. Kent Commons Re -roofing Project - Award
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the website at
KentWA.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253.856.5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1.800.833.6388.
COUNCIL WORKSHOP
1) Metro Transit's Long -Range Plan, Stephen Hunt
2) Fireworks, Council
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Historical Note from Kent's 125th Anniversary
B) Public Recognition
C) Tacoma Stars Introduction
D) Introduction of the Financial Sustainability Task Force Members
E) Introduction of Youth for Appointment to the Kent Arts
Commission
F) Introduction of Eagle Creek Neighborhood Council
PUBLIC COMMUNICATIONS (Cont.)
G) Community Events
H) Proclamation for Parks and Recreation Month
I) Proclamation for National Night Out
J) Public Safety Report
K) Intergovernmental Reports
WHEREAS, parks and recreation programs are an integral part of
communities throughout this country, including Kent; and
WHEREAS, our parks and recreation are vitally important to establishing
and maintaining the quality of life in our communities, ensuring
the health of all citizens, and contributing to the economic and
environmental well-being of a community and region; and
WHEREAS, parks and recreation programs build healthy, active
communities that aid in the prevention of chronic disease,
provide therapeutic recreation services for those who are
mentally or physically disabled, and also improve the mental
and emotional health of all citizens; and
WHEREAS, parks and recreation programs increase a community's
economic prosperity through increased property values,
expansion of the local tax base, increased tourism, the
attraction and retention of businesses, and crime reduction; and
WHEREAS, parks and natural recreation areas improve water quality,
protect groundwater, prevent flooding, improve the quality of
the air we breathe, provide vegetative buffers to development,
and produce habitat for wildlife providing a place for children
and adults to connect with nature and recreate outdoors; and
WHEREAS, the U.S. House of Representatives has designated July as Parks
and Recreation Month; and
NOW, THEREFORE, I, Mayor Suzette Cooke, do hereby proclaim the month
of July as
and urge all our citizens to pay tribute to our parks and recreation
professionals and recognize the substantial contributions they have made to
our health, safety and welfare.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be
affixed the seal of the City of Kent this 7th day of July 2015.
•
KENT
WASHINGTON
¢4
4aVdr suzette Cooke
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rZIMOXORMIUMN
Whereas, the National Association of Town Watch is sponsoring a
unique nationwide crime and drug prevention program on
August 4, 2015 called "National Night Out'; and
Whereas, the City of Kent plays a vital role in assisting our Police
Department through joint crime and drug prevention efforts
in the City of Kent and is supporting "National Night Out"
locally; and
Whereas, it is important that all citizens of the City of Kent know the
value of crime prevention programs and the impact that
citizen participation can have on reducing crime and drug
abuse; NOW, THEREFORE,
1, Suzette Cooke, Mayor of Kent, do hereby proclaim August 4, 2015
as
"WA! IONAL NIGHT ®vT99
in the City of Kent, Washington, and encourage all citizens,
neighborhoods and communities to participate in the City's crime
prevention efforts to more tightly weave the fabric of the community
and strengthen community spirit
in witness whereof, I have hereunto set my hand and caused the seal
of Kent to be affixed this 21st day of July 2015.
Cooke, Mayor
KENT
WASHINGTON
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KTJ T BEN, ��
TO: City Council
DATE: July 21, 2015
Agenda Item: Public Hearing — 5A
SUBJECT: 2016-2021 Six -Year Transportation Improvement Program (TIP)
Resolution — Public Hearing
MOTION: Adopt Resolution No. , approving the 2016-2021 Six -
Year Transportation Improvement Program (TIP).
SUMMARY: This Resolution would approve the 2016-2021 Six -Year Transportation
Improvement Program (TIP).
The 2016-2021 Six Year TIP represents the City's proposed transportation
improvement work program for the next six years. It includes planning studies;
street, bicycle, pedestrian, traffic signal, and transit improvements; and street
maintenance and preservation projects.
Including these projects in the Six Year TIP allows the City to begin looking for funding
partners and apply for grants. This year, all State Grant Agencies have required that
every submitted project must be included in a City's adopted 6-Year Transportation
Improvement Program.
State law requires that each city develop a local TIP and that it be updated annually
(RCW 35.77.010).
EXHIBITS: 1) Resolution
2) Six -Year TIP 2016-2021
RECOMMENDED BY: Public Works Committee
BUDGET IMPACT: None
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RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, adopting the 2016
through 2021 Six -Year Transportation
Improvement Program.
A. After proper notice, the City Council of the City of Kent held a
public hearing at the regular meeting of the City Council at 7:00 p.m. on
July 21, 2015, to consider public testimony on the City's proposed 2016
through 2021 Six -Year Transportation Improvement Program.
B. Having considered public testimony to the plan, the Council
would like to adopt the 2016 through 2021 Six -Year Transportation
Improvement Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. — Adoption. The 2016 through 2021 Six -Year
Transportation Improvement Program, set forth in Exhibit "A," which is
attached and filed with City Clerk, is hereby adopted.
1 2016-2021 Six Year
Transportation Improvement Program
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of 2015.
CONCURRED in by the Mayor of the City of Kent this day of
, 2015.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of 2015.
P: \Q A I\Reuel ution\Si xYea rTIP2021.docx
RONALD F. MOORE, CITY CLERK
2 2016-2021 Six Year
Transportation Improvement Program
CITY OF KENT
WASHINGTON
SIX YEAR
TRANSPORTATION IMPROVEMENT PROGRAM
2016 - 2021
Mayor Suzette Cooke
Timothy J. LaPorte, PE,
Director of Public Works
KENT
Table of Contents:
1. Resolution adopting the 2016 — 2021 Six Year TIP (Place Holder) ...i-ii
2. Introduction...................................................................................................iii-v
3. Listing of the Projects.............................................................................. vi-vii
4. Table 2016 — 2021 Six Year TIP Cost Estimates ................................. viii
5. Map of the Projects (Place Holder)............................................................... ix
6. Project Descriptions................................................................................. 1-27
7. Contact Information....................................................................................... 28
On the Cover: SE 256th Street Improvements Completed in 2015
Introduction
Overview
The Six -Year Transportation Improvement Program (TIP) is a short-range planning
document that is updated annually based on needs and policies identified in the
City's adopted Comprehensive Plan and Transportation Master Plan. The TIP
represents Kent's current list of needed projects that are anticipated to begin
preliminary engineering, right of way acquisition or construction within the next six
years. The TIP also includes ongoing citywide transportation programs. Projects
and programs included in the plan are those that are considered to be regionally
significant.
The document identifies secured or reasonably expected revenue sources for each
project or program. The TIP serves as a draft work plan for the development of the
local transportation network. Once adopted, the TIP will guide funding and
implementation priorities during the development of the transportation portion of
the Six -Year Capital Improvement Program (CIP). The CIP shows the City -funded
portion of projects and is constrained by current budget forecasts, whereas the TIP
shows a complete project list with the variety of funding sources and partners
involved.
Historically, the largest sources of funding for TIP capital projects have been grants.
Funding for transportation projects is available from federal, state and local
resources. Each funding source has specific rules and guidelines about what types
of projects they will fund, how much of a project will be funded and timelines for
expenditure of funds. Additionally, most grant programs require a funding match,
which means that the City must also contribute funding to the cost of a project.
The City of Kent funds transportation capital projects using the General Fund,
Street Fund, Local Improvement Districts, Transportation Impact Fees, Business
and Occupation Tax, Solid Waste Utility tax, and grant revenue from local, state
and federal governments. One of the reasons the TIP is updated annually is
because many of these revenue sources are so closely tied to the health of the
economy they can be somewhat unpredictable.
Document structure
Each project or program listed in the TIP includes an estimated cost, the amount of
funding secured or unsecured and the funding source(s). If grant funding has been
secured from a specific source, it is identified. Projects listed that are necessary to
accommodate growth and allow the City to maintain its adopted Levels of Service
may be funded in part by transportation impact fees. The costs for projects
programmed in the first three years of the TIP have been developed with a higher
level of certainty whereas those in the latter three years have been developed with
less specificity, as those projects are generally less defined.
Requirements
State law requires that each city develop a local TIP and that it be updated annually
(RCW 35.77.010). It represents an important planning component under the
State's Growth Management Act. The TIP may be revised at any time during the
year by a majority of the Council, after a Public Hearing.
In order to compete for transportation funding grants from Federal and State
sources, granting agencies require that projects be included in the TIP. The State's
Safe Routes to School (SRTS) program, for example, requires that potential
projects be included in the TIP in order to be eligible for funding. The Public Works
Department will be partnering with the Kent Police Department and the Kent School
District to apply for a number of SRTS projects included in the TIP over the Six Year
planning horizon.
The Six Year TIP is also required to be consistent with the transportation element of
the Comprehensive Plan pursuant to RCW 35.77.010.
Changes to the TIP
The City is in the process of updating our Comprehensive Plan, scheduled for
adoption by June 30, 2015. For the 2035 Comprehensive Plan update, the first six
years of the plan are financially constrained, meaning that secured funding is
demonstrated within an approved budget or similarly approved funding action.
Subsequently, the 2016-2021 TIP has been revised to reflect projects that will likely
be constructed using existing funding sources as well as the City's historical record
of average grant disbursements. Capital Streets Projects that do not have any
identified funding sources have been removed from the plan.
PROJECTS ADDED
PROJECTTYPE I
COMMENTS
lst Avenue North Improvements
Smith St to James St
Street Improvements
Regional Mobility
Grant City funds
80th Avenue South Widening
Street Improvements
Eligible for TIB Funds
PROJECTS REMOVED
PROJECTiTYPE
COMMENTS
Willis Street (SR 516)/Burlington
Railroad Grade
Unfunded
Northern Santa Fe
Separation
South 212th Street/Burlington
Railroad Grade
Northern Santa Fe Railroad
Separation
Unfunded
SE 248th Street Improvements
Street Improvements
Unfunded
Military Road South at Reith Road
Intersection
Unfunded
Im rovement
Willis Street (SR 516)/Union Pacific
Railroad Grade
Railroad Grade Separation
I Separation
Unfunded
South 212th Street/Union Pacific
Railroad Grade
Railroad Grade Separation
Separation
Unfunded
iv
PROJECTS REMOVED (CONTINUED)
PROJECT TYPE
COMMENTS
Panther Lake Signal System
Signal System
Unfunded
Integration.
Upgrade
Smith and Central Avenue
Intersection
Unfunded
Intersection Improvement
Improvement
SE 240th St and 104th Ave SE (SR
Intersection
Unfunded
515) Intersection Improvement
Improvement
Military Road South Widening
Street Widening
Unfunded
132nd Avenue Southeast Widening,
Street Widening
Unfunded
Phase I Kent Kangley to SE 248th St
132nd Avenue Southeast Widening,
Street Widening
Unfunded
Phase II SE 248th St to SE 240th St
Kent Kangley Road (SR 516) & 132nd
Intersection
Unfunded
Avenue SE Intersection Improvement
Improvement
South 260th Street & Pacific Highway
South (SR 99) Intersection
Intersection
Unfunded
Improvement
Improvement
SE 256th Street & 104th Avenue SE
Intersection
Unfunded
SR 515 Intersection Improvement
Improvement
South 212th Street/84th Avenue S
Intersection
Unfunded
Intersection Improvement
Improvement
Meeker Street and Washington
Intersection
Unfunded
Avenue Intersection Improvement
Improvement
South 272nd Street and Military Road
Intersection
Unfunded
South Intersection Improvements
Improvement
Residential Traffic Calming Program
Citywide Program
Unfunded
Miscellaneous Intersection
Citywide Program
Unfunded
Improvements
Comprehensive Plan Update
Citywide Program
Unfunded
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Project Project Name
Number Project Location and Extent
1. Kent Kangley Road Pedestrian Safety Improvements
104th Avenue SE to 124th Avenue SE
2. 1st Avenue North Street Improvements
Smith St to James St
3. South 228th Street/Union Pacific Railroad Grade Separation
Grade separation crossing at Union Pacific Railroad
4. 72"" Avenue South Extension
South 200th Street to South 196th Street
5. Traffic Control Signal System
Citywide
6. Safe Routes to Schools Improvements at Meridian Elementary
25621 140th Avenue SE
7. Safe Routes to Schools Improvements at Neely O'Brien
Elementary
6300 N 236th Street
S. Safe Routes to Schools Improvements at Daniel Elementary
11310 SE 248th Street
9. Kent Regional Trails Connector
Green River Trail to Interurban Trail at S 218th St
10. SE 208th Street & 108th Avenue SE (SR 515/Benson Highway)
Intersection Improvements
Intersection Operations Enhancement
11. South 224th Street Extension
84th Avenue South to 104th Avenue Southeast (SR 515/Benson
Highway)
12. 80th Avenue South Widening
South 196th Street to South 188th Street
13. Central Avenue South Improvements
Green River Bridge to East Willis Street (SR 516)
14. Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
vii
Project Project Name
Number Project Location and Extent
15. James Street Bicycle Lanes
Interurban Trail to Washington Avenue (SR 181) and 800 feet east of
the Green River Trail
16. Safe Routes to Schools Improvements at Meadow Ridge
27710 108th Ave SE
17. Safe Routes to Schools Improvements at Horizon Elementary
27641 144th Avenue SE
18. Panther Lake Signal System Integration
19. S 212th Street and 72"" Avenue South Intersection
Improvement
Intersection Operations Enhancement
ONGOING CITYWIDE PROGRAMS
20. Street Preservation Program
Ongoing Citywide Program
21. Traffic Signal Management Program
Ongoing Citywide Program
22. Channelization (Street Markings) Improvement Program
Ongoing Citywide Program
23. Bicycle System Improvements
Ongoing Citywide Program
24. Sidewalks, Sidewalk Repair and the Americans with
Disabilities Act Compliance Program
Ongoing Citywide Program
25. Guardrail and Safety Improvements
Ongoing Citywide Program
26. Community Based Circulating Shuttles
Ongoing Citywide Program
27. Railroad Quiet Zone for Downtown Urban Center
Ongoing Citywide Program
viii
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #1: Kent Kangley Pedestrian Safety Improvements
104th Avenue SE to 124th Avenue SE
YEAR: 2016
DESCRIPTION: Add a new mid -block pedestrian crossing of Kent Kangley Road
with median refuge island and Rectangular Rapid Flashing
Beacons. Restripe crosswalks and stop bars, upgrade
pedestrian crossings to countdown message modules and
Americans with Disability Accessible (ADA) standard pedestrian
push buttons. There are a total of 8 intersections that will be
improved by this project and proper signage will be updated
along the entire project length. The project is currently under
design. Construction is expected to begin in 2015.
PROJECT COST: Preliminary Engineering ........ $74,000
Right of Way Acquisition ...............$0
Construction ....................$342,000
TOTAL............................$416,000
FUNDING SOURCE(S): Washington State Department of Transportation
PROJECT
JUSTIFICATION: Kent Kangley Road (SR 516) is one of the most densely
populated corridors in the City. The section from 104th Ave SE
to 124th Ave SE is a congested, mixed land use, Principal
Arterial that is a designated truck route currently operating at
a Level of Service (LOS) E during the PM Peak. The majority
of housing along this portion of SR 516 is high density
multifamily housing that generates a substantial amount of
pedestrian traffic. This section of Kent Kangley is a high
boarding area for transit and is also a popular destination for
senior citizens due to the high concentration of shopping
facilities, banks, medical offices and senior housing. The
project area includes two of the highest collision incident
locations in the City (104th Avenue SE at 256th Street and
116th Avenue SE at Kent Kangley Road). The majority of
collisions reported in the project area from 2006-2008
occurred during the daylight hours with pedestrians over the
age of 18. This project will improve safety through the
construction of these engineering improvements combined
with education and enforcement.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
1
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #2: 1st Avenue North Street Improvements
Smith St to James St
YEAR: 2016
DESCRIPTION: Sidewalk, curb, gutter, lighting, street trees, drainage, and
parking along the west side of 1st Avenue N between Smith
Street and Temperance Street and added parking along the
west side of 1st Avenue N between Temperance Street and
James Street for a total of 36 added parking spaces in addition
to two new electric vehicle charging stations.
PROJECT COST: Preliminary Engineering .........$50,000
Right of Way Acquisition ................$0
Construction .....................$290,000
TOTAL.............................$340,000
FUNDING SOURCE(S): City of Kent, State Regional Mobility Grant
PROJECT
JUSTIFICATION: This project will provide additional transit access to support the
high parking demand at the Kent Transit Center. The existing
surface and structured parking is full by 7AM on weekdays.
With the current Sounder schedule, half of the AM northbound
commuter trains arrive after 7AM. Commuters that would
otherwise choose to ride the bus or train to access other
regional centers have to drive instead. A missing link of
sidewalk along 1st Avenue N between Smith St and
Temperance St is also within the project area. This area is
heavily used by commuters walking and biking to and from the
Sounder Platform and Metro and Sound Transit bus station
pullouts. This project will complete pedestrian improvements in
the area as well as increase parking and provide electric vehicle
charging stations for commuters.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
2
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #3: South 228th Street/Union Pacific Railroad Grade Separation
Grade Separation crossing at Union Pacific Railroad
YEAR: 2016
DESCRIPTION: Construct grade separation of the Union Pacific Railroad
mainline tracks at South 228th Street. The project will include
the construction of a bridge; four -lane vehicle crossing; full -
width paving; concrete curbs, gutters and sidewalks; bicycle
facilities; street lighting; utilities and appurtenances.
Construction is underway, utilities are being relocated. This
project has also been added to the Washington State Freight
Plan.
PROJECT COST: Preliminary Engineering .... $1,500,000
Right of Way Acquisition ... $2,500,000
Construction ................ $20,000,000
TOTAL ........................ $24,000,000
FUNDING SOURCE(S): City of Kent, Port of Seattle, FAST, FMSIB, LID, Union
Pacific Railroad
PROJECT
JUSTIFICATION: The project will lead to a seamless connection between major
freight handlers and their primary destinations. This project
will support freight moving through Kent to the Ports of Seattle
and Tacoma, SeaTac Airport and the freeway system. Grade
separating this arterial will increase roadway capacity, decrease
congestion, enhance safety and improve freight mobility in this
corridor and throughout the region. This project will provide
regional connections for thousands of businesses, employers,
and the 40 million square feet of warehouse/industrial space in
the valley. Construction is underway.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
3
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #4: 72"d Avenue South Extension
South 2001h Street to South 196th Street
YEAR: 2016
DESCRIPTION: This project completes a missing link by constructing a new
three -lane roadway from South 200th Street to South 196th
Street. The project will include the crossing of Mill Creek and
construction of full -width paving; concrete curbs, gutters,
sidewalks, street lighting, storm drainage, landscaping, utilities
and appurtenances. This project is currently under design.
PROJECT COST: Preliminary Engineering .......$300,000
Right of Way Acquisition ........$75,000
Construction .................. $2,425,000
TOTAL..........................$2,800,000
FUNDING SOURCE(S): TIB, Regional Fire Authority, City of Kent
PROJECT
JUSTIFICATION: Continued development in the northern Kent industrial area,
and high levels of congestion along West Valley Highway
between the South 180th Street and South 196th Street
corridors, mandate additional north -south arterial capacity.
This project provides some relief for South 180th Street, South
196th Street, and South 212th Street intersections along West
Valley Highway. It also provides improved access to the South
196th Street corridor from industrial development along 72nd
Avenue South by constructing the missing link between South
200th Street and South 196th Street. This roadway connection
provides a direct link from the existing Fire Station on 72nd
Avenue South to the 196th Street corridor, grade -separated
over both the BNSF and UPRR mainline railroad tracks,
dramatically improving emergency response times to a large
area of the Kent Manufacturing/Industrial Center and
warehouse land uses.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
M
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #5: Traffic Control Signal System
Citywide
YEAR: 2016
DESCRIPTION: The City will purchase and install a master signal controller unit
capable of supporting flashing yellow left turn arrow (FYLTA)
displays for permitted left turns. This project will also purchase
and install traffic signal controllers for up to 29 individual
intersections. Traffic signals will be modified at up to 14
intersections to display FYLTA signal indications for permissive
left turn movements.
PROJECT COST: Preliminary Engineering.................$0
Right of Way Acquisition ................$0
Construction .....................$400,000
TOTAL.............................$400,000
FUNDING SOURCE(S): Federal Highway Safety Improvement Program (HSIP)
PROJECT
JUSTIFICATION: The current central traffic signal control system is not
compatible with flashing yellow left turn arrow displays for
permissive left turn movements. This type of signal display has
been demonstrated to be much more readily understood by
motorists and has resulted in reduced collision rates involving
vehicles turning left during permissive left turn signal phases.
The upgrade to the legacy central control system and more
advanced intersection traffic signal controllers will allow greater
operation flexibility and improved transportation system
efficiency.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
E
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #6: Safe Routes to Schools Improvements at Meridian Elementary
25621 140th Avenue SE
YEAR: 2016
DESCRIPTION: Install a traffic signal at the intersection of SE 256th Street and
140th Avenue SE and construct an asphalt pavement walkway
with an extruded curb along SE 256th Street from approximately
134th Avenue SE to 140th Avenue SE. The traffic signal includes
a traffic surveillance camera and interconnect cable to connect
this signal to the rest of the City's traffic control system. This
project also includes education and enforcement elements
including the purchase of an additional Lidar Radar Unit for the
police enforcement.
PROJECT COST: Preliminary Engineering .........$65,000
Education/Enforcement .......... $83,000
Construction .....................$300,000
TOTAL.............................$448,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Meridian Elementary School is located near the intersection of
SE 256th Street and 140th Avenue SE. The school provides
adult crossing guards to help students cross SE 256th Street.
The level of development in the area has increased to the point
that local traffic in the neighborhood and in the communities to
the east of the school has become especially heavy at the
afternoon bell times. A full traffic signal would assist the
crossing guards, the school children, the parents and teachers
arriving/leaving the school and all the local motorists to
maneuver in an orderly way during times of heavy conflict.
Currently students must walk or bike along a wide shoulder on
SE 256th Street. This project would provide asphalt pavement
adjacent to the signal to assist crossing guards, parents,
students, and motorist.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
R
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #7: Safe Walking Routes to School Improvements at Neely
O'Brien Elementary School
6300 N 236th Street
YEAR: 2016
DESCRIPTION: Install a new traffic signal and pedestrian crosswalk at the
intersection of 64th Avenue South and South 236th Street.
Project includes the relocation of traffic enforcement cameras,
the installation of a traffic camera and an education and
enforcement element.
PROJECT COST: Preliminary Engineering .........$50,000
Education/Enforcement .......... $50,000
Construction .....................$250,000
TOTAL.............................$350,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Neely O'Brien Elementary School is located near the
intersection of 64th Avenue South and South 236th Street.
Students walking to and from school cross 64th Avenue South,
a minor arterial. This signal project will provide an alternative
walking route for those students that live to the east of 64th
Avenue. Education of the students and traffic enforcement is
also a component of this project.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
7
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #8: Safe Walking Routes to School Improvements at Daniel
Elementary School
11310 SE 248th Street
YEAR: 2016
DESCRIPTION: Relocate existing crosswalk and overhead crosswalk sign to
provide improved access for students walking to and from
school. This project will also improve traffic flow through this
segment of SE 248th. This project includes minor asphalt paving
and education and enforcement elements.
PROJECT COST: Preliminary Engineering .........$15,000
Education/Enforcement .......... $25,000
Construction .......................$60,000
TOTAL.............................$100,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Daniel Elementary School is located along SE 248th which is
classified as a residential collector arterial. SE 248th Street is
also a major walking route for students. The current location of
the crosswalk causes an inefficient flow of traffic and of
students walking to and from school. This project will improve
that flow. Education of the students and traffic enforcement is
also a component of this project.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
E
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #9: Kent Regional Trails Connector
Green River Trail to Interurban Trail at South 218th Street
YEAR: 2016
DESCRIPTION: Construct 4,400 foot multi -use trail connecting the Green River
and Interurban Regional Trails at a point approximately mid -way
between the South 212th Street and South 228th Street Corridors
at about South 218th Street in the heart of the Kent Valley. This
12-foot wide multi -use trail for non -motorized users will include
trail lighting, in some locations, to enhance visibility and
encourage year-round usage. Rectangular Rapid Flashing
Beacons and marked crosswalks will be installed where the new
trail crosses midblock at 64th Avenue South and 72nd Avenue
South. A traffic signal for pedestrians and bicyclists crossing
mid -block will be installed on 68th Avenue South (West Valley
HWY). A mechanism for performance monitoring (counting) will
be installed at or near the new traffic signal. The project will
install a steel pedestrian/bicycle bridge over the Mill Creek
between 72nd Avenue South and the Interurban Trail. Federal
funds have been obligated. This project is anticipated to be
completed in 2015.
PROJECT COST: Preliminary Engineering .......$125,000
Right of Way Acquisition ................$0
Construction .................. $1,475,000
TOTAL..........................$1,600,000
FUNDING SOURCE(S): CMAQ, WSDOT, City of Kent
PROJECT
JUSTIFICATION: This new trail would fill a missing east/west link in the City's
and the region's bicycle network. It would connect two of the
most heavily used regional trails to each other and provide
access for tens of thousands of people to a concentrated
employment center. It would provide alternative mode access
to The Kent Manufacturing/Industrial Center's 1,800 employers,
to recreational activities along the Green River and the Green
River Natural Resources Area and provide additional safety for
all users crossing three major arterial streets in an area with a
heavy mix of truck traffic.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
E
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #10: SE 208th Street and 108th Avenue SE (SR 515/Benson
Highway) Intersection Improvement
Intersection Operations Enhancements
YEAR: 2016
DESCRIPTION: Add a second southbound left storage lane on 108th Avenue SE,
widen the receiving lane on SE 208th St, and modify the signal
phasing.
PROJECT COST: Preliminary Engineering .........$60,000
Right of Way Acquisition ........$75,000
Construction .....................$575,000
TOTAL.............................$710,000
FUNDING SOURCE(S): HSIP, City of Kent
PROJECT
JUSTIFICATION: State Route 515, also known as The Benson Highway or 108th
Avenue SE, is the primary north south route on the East Hill
and serves as a major transit route. With four to five lanes in
its current configuration, this roadway has been widened to its
practical limits. Improvements to intersections along the
corridor can have positive effects on corridor congestion and
improve efficiency. This project would add queuing capacity for
the southbound left turn movement while continuing to provide
two lanes of through travel. Federal funds have been obligated.
Project is anticipated to be completed in 2015.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
10
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #11: South 224th Street Extension
84th Avenue South to 104th Avenue Southeast (Benson Rd) (SR 515)
YEAR: 2016
DESCRIPTION: Construct a three -lane road from 84th Avenue South to 104th
Avenue Southeast (Benson Road) (SR 515), including new
bridges over SR 167 and Garrison Creek. The project will
include the construction of full -width paving; concrete curbs,
gutters and sidewalks; five foot paved shoulders; street
lighting; storm drainage; landscaping; utilities and
appurtenances.
PROJECT COST: Preliminary Engineering .... $3,000,000
Right of Way Acquisition ... $4,000,000
Construction ................ $22,000,000
TOTAL ........................ $29,000,000
FUNDING SOURCE(S): City of Kent, LID, TIB
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east -west traffic volumes between Kent's East Hill
and the Green River Valley floor. In order to meet
transportation concurrency requirements of the Growth
Management Act, additional east -west vehicle capacity is
required. Intersections along South 208th/212th Street and
James/Southeast 240th Streets are also at or over capacity. It
is not feasible to widen the James/Southeast 240th Street and
South 208th/212th Street 'corridors' enough to accommodate
forecast traffic volumes without additional east -west capacity
because of existing development and topographic constraints.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
11
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #12: 80th Avenue South Widening
South 196th Street to South 188th Street
YEAR: 2017
DESCRIPTION: Widen 80th Avenue South from South 196th Street to South
188th Street to five lanes. This will include four general-
purpose lanes. The project will also include the construction of
full width paving; concrete curbs, gutters, and sidewalks; street
lighting; storm drainage; utilities and appurtenances.
PROJECT COST: Preliminary Engineering .......$600,000
Right of Way Acquisition ......$800,000
Construction .................. $6,100,000
TOTAL..........................$7,500,000
FUNDING SOURCE(S): City of Kent, TIB
PROJECT
JUSTIFICATION: The opening of the 196th Street corridor on the south end of the
project and Renton's completion of Oaksdale Avenue South results in
80th Avenue South being a significant north -south corridor serving
the industrial area. Further, concrete curbs and gutters are required
to provide control of roadway drainage and to prevent impacts to
adjacent property owners. Sidewalks and street lighting will provide
safe access for pedestrians.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
12
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #13: Central Avenue South Improvements
Green River Bridge to East Willis Street (SR 516)
YEAR: 2017
DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add
service life to the roadway, between the Green River Bridge and
East Willis Street (SR 516). This project will include the removal
and replacement of failing pavement sections and a full -width
asphalt concrete overlay of the entire roadway. Also included in
this project is the selective replacement of curbs, gutters,
sidewalks and street trees, as well as minor storm drainage
improvements.
PROJECT COST: Preliminary Engineering .......$500,000
Right of Way Acquisition ................$0
Construction .................. $4,000,000
TOTAL..........................$4,500,000
FUNDING SOURCE(S): STP, City of Kent
PROJECT
JUSTIFICATION: The existing pavement along this section of Central Avenue
South is exhibiting signs of distress, as demonstrated by
"alligatoring", longitudinal cracking, and cracking of the curbs
and gutters. The service life of this roadway has been reached,
necessitating reconstruction of the roadway. The sidewalk
system is sub -standard in many locations and in need of
replacement.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
13
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #14: Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
YEAR: 2017
DESCRIPTION: Improve the intersection of Willis Street and Central Avenue to
provide a right turn lane from southbound on Central Avenue to
westbound Willis Street. Project includes sidewalk, curb and
gutter replacement and improvements to traffic signal system.
PROJECT COST: Preliminary Engineering .........$40,000
Right of Way Acquisition ...... $150,000
Construction .....................$260,000
TOTAL.............................$450,000
FUNDING SOURCE(S): City of Kent, Developer Mitigation
PROJECT
JUSTIFICATION: This project is a traffic mitigation requirement for additional
trips generated by the Kent Station Development. The City of
Kent will be implementing this project that is required of the
developer.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
14
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #15: James Street Bicycle Lanes
Interurban Trail to Washington Avenue (SR 181) and 800 feet
east of the Green River Trail
YEAR: 2018
DESCRIPTION: Install bike lanes along James Street from the Interurban Trail
to Washington Avenue South (SR 181). This project will also
eliminate the gap of approximately 800 feet at the west end of
James Street where James Street intersects with the Green
River Trail.
PROJECT COST: Preliminary Engineering .......$150,000
Right of Way Acquisition ................$0
Construction .................. $1,225,000
TOTAL..........................$1,375,000
FUNDING SOURCE(S): STP, City of Kent
PROJECT
JUSTIFICATION: The proposed bicycle lanes would complete a missing bicycle
link between the Green River Trail and the Kent Regional
Growth Center. This project would provide the first dedicated
bicycle lanes to penetrate what had here -to -for been a barrier
to east/west bicycle travel, State Route 167. Bike lanes
currently extend easterly from this point providing connections
to the King County Regional Justice Center, Kent Station (an
18-acre shopping and entertainment complex), and the Kent
Transit Center. Nearby land uses include historic downtown
Kent, City Hall and the Kent City Center project scheduled to
add 164 urban -style apartments to the downtown core which
began construction in 2014. Filling in the missing links of this
bicycle corridor is expected to encourage more people to utilize
bicycling for more of their trips. The anticipated mode shift
from single -occupant vehicle to bicycle will allow Kent to meet
growth management goals while continuing to comply with its
adopted level of service standards and federal clean air
standards.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
15
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #16: Safe Routes to Schools Improvements at Meadow Ridge
Elementary School
27710 108th Avenue SE
YEAR:
2019
DESCRIPTION: Install a 6 foot concrete sidewalk with curb and gutter along the
west side of 108th Avenue SE from SE 273rd Street to SE 272nd
Street. Install a 6 foot concrete sidewalk with curb and gutter
along the south side of SE 272"d Street from 108th Avenue SE to
105th Avenue SE. This project will install a new crosswalk
crossing 108th Avenue SE with Rectangular Rapid Flashing
Beacons and appropriate signage on the north side of the
onramp to the westbound 277th Street Corridor. This project
also includes education and enforcement elements including the
purchase of an additional Lidar Radar Unit for police
enforcement.
PROJECT COST: Preliminary Engineering .......$175,000
Education/Enforcement .......... $20,000
Construction .....................$425,000
TOTAL.............................$620,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Few students currently walk or bicycle to Meadow Ridge
Elementary School. The Kent School District provides bus
transportation for all students living west of 108th Avenue
South and for students living north of the school. This project
will make the pedestrian environment friendlier for all users
and make it an inviting alternative for parents and students to
choose. The City of Kent has a number of programs that
encourage people of all ages to live a more active lifestyle and
makes it a City priority to provide attractive walking and
bicycling facilities. Once these additional sidewalk facilities are
built and the new crosswalk across 108th Avenue SE with
Rectangular Rapid Flashing Beacons is installed, it is anticipated
that many more families will be encouraged to walk their
children to Meadow Ridge rather than drive them to school.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
16
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #17: Safe Routes to Schools Improvements at Horizon Elementary
27641 144th Avenue SE
YEAR: 2019
DESCRIPTION: Install a paved pathway on the east side of 144th Avenue SE
from SE 278th Street to SE 276th Place. Install a new midblock
school crosswalk across 144th Avenue SE on the south side of
the school driveway. Install Rectangular Rapid Flashing Beacons
at the new crosswalk and install advance school crossing signs.
This project also includes education and enforcement elements
including the purchase of an additional Lidar Radar Unit for
police enforcement.
PROJECT COST: Preliminary Engineering .........$90,000
Right of Way Acquisition ................$0
Construction .....................$220,000
TOTAL.............................$310,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: The purpose of the Safe Routes to Schools Program is to
encourage more students to walk and bicycle to and from
school rather than being driven by their parents. Through a
combination of engineering enhancements to the built
environment plus education efforts aimed at the students and
their parents, it is hoped that families will increase the number
of walking and biking trips they make to their local school.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
17
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #18: Panther Lake Signal System Integration.
YEAR: 2019
DESCRIPTION: This project includes extension of communication cable to traffic
signals in the recently annexed area of Panther Lake to allow
remote monitoring and management of the traffic signals,
replacement of the existing traffic signal controllers to be
capable of displaying flashing yellow left turn arrow (FYLTA) for
permissive left turn movements and allow flexible coordination
of the traffic signals along arterial corridors.
PROJECT COST: Preliminary Engineering .................$0
Right of Way Acquisition ................$0
Construction .....................$342,000
TOTAL.............................$342,000
FUNDING SOURCE(S): Federal Highway Safety Improvement Program (HSIP)
PROJECT
JUSTIFICATION: The traffic signals in the recently annexed area of Panther Lake
are not connected to the City's central traffic signal control
system; hence, they cannot be remotely monitored or managed
from the City's Traffic Management Center. The intersection
controllers are not capable of displaying flashing yellow left turn
arrow (FYLTA) for permissive left turn movements. This type of
signal display has been demonstrated to be much more readily
understood by motorists and has resulted in reduced collision
rates involving vehicles turning left during permissive left turn
signal phases. The integration of these signals into the City's
signal system will allow operation flexibility and improved
transportation system efficiency.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
ilk
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #19: S 212th St and 72nd Avenue South Intersection Improvement
Intersection Operations Enhancement
YEAR: 2021
DESCRIPTION: Add an additional southbound left turn lane and restripe
northbound lane configuration.
PROJECT COST: Preliminary Engineering .........$60,000
Right of Way Acquisition ......$125,000
Construction .....................$505,000
TOTAL.............................$690,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: Kent is an important freight distribution center in the Puget
Sound Region. The efficient movement of freight, through and
within the City is critical to Kent's economic health. With the
completion of the final road segment of 72nd Avenue South
between South 196th Street and South 200th Street, 72nd
Avenue South becomes a key freight corridor and this
intersection of two important freight corridors (72nd Ave S and
S 212th Street) takes on a highly significant role in relieving the
congestion often found on West Valley Highway at peak
periods. This improvement reduces future southbound vehicle
queuing and congestion and has the potential to improve
intersection delay from 193 seconds per vehicle to 63 seconds
per vehicle.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
19
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #20: Street Preservation Program
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Projects that maintain the existing transportation system by
overlaying, rehabilitating, and reconstructing the existing asphalt and
concrete streets throughout the City.
PROJECT COST: Preliminary Engineering .... $7,000,000
Right of Way Acquisition ................$0
Construction ................ $67,000,000
TOTAL ........................ $72,000,000
FUNDING SOURCE(S): City of Kent*
PROJECT
JUSTIFICATION: The City assessed the condition of its street network in 2011. It was
found that many of the streets exhibit deficiencies that reflect they
are beyond their expected performance life and in need of a
maintenance or rehabilitation overlay, or some amount of
reconstruction. Moreover, historically, the amount of pavement
resurfacing, rehabilitation, and reconstruction monies the City has
budgeted each year has been insufficient to address the deficiencies
of its street network. Insufficient budgets to perform this necessary
work results in more expensive maintenance and rehabilitation
options.
* 10% of the solid waste utility tax (which equates to approximately 2.5 million a year) is
restricted to the maintenance and repair of residential streets.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
20
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #21: Traffic Signal Management Program
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: This program will analyze intersections for potential installation of
traffic signals or other traffic control to insure safe and efficient use of
the existing and planned transportation network. Analysis of turn
movements and collision history will be used to prioritize new traffic
signal installations.
PROJECT COST: Preliminary Engineering .......$600,000
Right of Way Acquisition ................$0
Construction .................. $3,600,000
TOTAL..........................$4,200,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: Historically, the City justifies the need for two new traffic signals per
year to meet safety and mobility needs. This program budgets for
projects needed to meet the increasing demand for signalized
intersection control and the constant need for traffic counts to
monitor vehicle volumes and behavior. It also supports the
replacement of old, outdated traffic signal equipment at currently
signalized intersections. The priorities for traffic signals will be set by
transportation system signal warrant studies which include studies of
volumes, collision history, pedestrian mobility needs, and roadway
geometry. This program also helps the City maintain level of service
standards necessary to maintain concurrency as required by the
Growth Management Act.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
21
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #22: Channelization (Street Markings) Improvement Program
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Provide street marking projects including striping, thermoplastic
pavement marking, and raised pavement markers throughout the City
to separate and regulate conflicting movements, define paths of travel,
and facilitate safe and orderly movement on City Streets.
PROJECT COST: Preliminary Engineering .......$250,000
Right of Way Acquisition ................$0
Construction .................. $2,150,000
TOTAL..........................$2,400,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: This ongoing program maintains and updates the channelization
throughout the City. The City has 1,648,863 linear feet (LF) of
channelization striping, 445,300 raised pavement markings, 22,012
LF of C curb and 7,179 LF of painted C curb. Channelization helps to
limit conflict points and directs motorists through areas of complexity.
These markings are also used to delineate left turn storage queue
areas and deceleration areas for right turning vehicles. This project
preserves the capacity and efficiency of the existing roadway system.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
22
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #23: Bicycle System Improvements
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Make miscellaneous improvements to the city's bicycle routes as
identified in the Nonmotorized Chapter (Chapter 6) of the adopted
2008 Transportation Master Plan (TMP) and the full 2007
Nonmotorized sub -plan. Bicycle lanes are usually part of individual
street improvement projects and each of those projects would be
itemized individually. The costs of the bike lanes added to TMP Street
projects, estimated at approximately $40,000,000 in 2007 dollars, are
not reflected here. This project is for shared lane striping and signing,
matching grant dollars for filling in bike lane gaps, and for the
extension of the shared -use path network. This project also includes
bicycle system improvements identified in the TMP that are eligible for
State and Federal non -motorized funding, not listed in the TIP as an
individual project.
PROJECT COST: Preliminary Engineering .......$100,000
Right of Way Acquisition ........$75,000
Construction ................. $ 1,325,000
TOTAL .......................... $1,500,000
FUNDING SOURCE(S): City of Kent, WSDOT, CMAQ
PROJECT
JUSTIFICATION: The 2008 Transportation Master Plan and the 2007 Nonmotorized
System Study proposed a network of shared lane routes on
transportation corridors throughout the city to help connect the
bicycle system. Lane markings and sign postings can inform
motorists and cyclists of those corridors best suited for significant
bike use. These shared -lane facilities can provide critical linkages to
major cycling activity centers and connections to the shared use path
systems. The city has a prioritized list of projects for bike lanes,
sharrows, and shared use paths. This project can help achieve the
City's goals for improving mobility, reducing vehicle trips, increasing
physical exercise, and improving transportation connectedness.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
23
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #24: Sidewalks, Sidewalk Repair and the Americans with Disabilities
Act Compliance Program
Ongoing Citywide Program
YEAR:
2016 - 2021
DESCRIPTION: Systematically construct new sidewalks throughout the City as
identified by prioritized project lists in the 2008 Transportation Master
Plan. Reconstruct and repair existing sidewalks and curb ramps and
install new truncated domes and hard -surfaced sidewalks to implement
the requirements of the Federal Americans with Disabilities Act (ADA)
consistent with the findings of the Non -motorized Chapter (Chapter 6)
of the 2008 Transportation Master Plan.
PROJECT COST: Preliminary Engineering .......$500,000
Right of Way Acquisition ... $1,000,000
Construction ................ $10,500,000
TOTAL ........................ $12,000,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: This project is mandated by Title II of the Americans with Disabilities
Act. Title II requires that a public entity must evaluate its services,
programs, policies, and practices to determine whether they are in
compliance with the nondiscrimination requirements of the ADA. The
ADA requires that an ADA Transition Plan be prepared to describe any
structural or physical changes required to make programs accessible.
The City has conducted a self -evaluation and prepared a Transition
Plan including a prioritized list of projects to bring itself into
compliance with the Federal ADA regulations. This program begins
working on that list of projects to construct and repair the City's
sidewalk and street/sidewalk transition zones for accessibility for all
users and begins to address the pedestrian improvements identified in
the Transportation Master Plan. This project can help achieve the
City's goals for improving mobility, reducing vehicle trips, increasing
physical activity, and improving transportation connectedness.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
24
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #25: Guardrail and Safety Improvements
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance
motorist safety. Candidate projects include Frager Road, SE
240th/148th Avenue Southeast hillside, Lake Fenwick Road north or S
272nd Street, S 208th/212th and 100th Avenue Southeast. Upgrade
existing guardrail end -treatments as mandated by State and Federal
regulations.
PROJECT COST: Preliminary Engineering .........$60,000
Right of Way Acquisition ................$0
Construction .....................$540,000
TOTAL.............................$600,000
FUNDING SOURCE(S): City of Kent, HES
PROJECT
JUSTIFICATION: This project is mandated by compliance with Federal and State
regulations and the requirement to eliminate potentially hazardous
roadway conditions.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
25
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #26: Community Based Circulating Shuttles
Ongoing Citywide Programs
YEAR: 2016 - 2021
DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the
community through the use of fixed -route shuttle service, with
demand -responsive routing capabilities. Routes 914/916 serve the
Kent Transit Center, Regional Justice Center, Kent City Hall, Green
River Community College's Kent campus, and local shopping and
medical facilities. The Route 913 shuttle connects the City's
manufacturing/industrial center with the regional bus and commuter
train services at the Kent Transit Center.
PROJECT COST: Preliminary Engineering .........$10,000
Implementation .................$770,000
TOTAL.............................$780,000
FUNDING SOURCE(S): City of Kent, CMAQ, King County, ITS
PROJECT
JUSTIFICATION: Routes 914/916 provide mobility and independence to many of the
city's seniors and reduce the need for expensive ACCESS service for
many wheelchair -lift service trips. Community circulating shuttles
encourage the participation of all ages, all economic groups, all
physical abilities, and virtually all of our community in everyday civic
life without the isolation and pollution of the automobile for every trip.
Commuter shuttles enhance the regional transit/train service by
providing the vital link from home or work to the Transit Center,
encouraging people to travel without their personal vehicles — thus
avoiding the cold -start impacts to air quality and reducing congestion
on local streets.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
26
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #27: Railroad Quiet Zone for Downtown Urban Center
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Establishment of a railroad quiet zone for the Burlington Northern
Santa Fe Railway (BNSF) tracks and the Union Pacific Railroad (UPRR)
tracks through the City of Kent. The grade crossings to be included in
the quiet zone on the BNSF railroad mainline are: S 259th Street, Willis
Street, Titus Street, Gowe Street, Meeker Street, Smith Street, James
Street, and S 212th Street. The grade crossings included in the quiet
zone for the UPRR mainline tracks are: Willis Street (SR 516), W Smith
Street, W Meeker Street, W James Street, S 228th Street, and S 212th
Street.
PROJECT COST: Preliminary Engineering .... $3,500,000
Right of Way Acquisition ................$0
Construction...............................$0
TOTAL..........................$3,500,000
FUNDING SOURCE(S): City of Kent, Federal Rail Administration, FHWA
PROJECT
JUSTIFICATION: Locomotive engineers begin sounding the train -mounted horn
approximately '/a mile from the intersection of a highway/railroad
crossing. This warning device is an effective deterrent to accidents at
grade crossings but exposes the local community to significant levels
of noise that often deprecates the quality of life for those living closest
to the railroad facilities.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett -Seattle -Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
27
CITY OF KENT, WASHINGTON
SIX -YEAR TRANSPORTATION
IMPROVEMENT
PROGRAM
2016 - 2021
_ ® _
vVA5H VNGTC7 N
For more information or additional copies of this document contact:
Kelly Peterson, Special Projects/
Transportation Engineering Manager
City of Kent, Public Works, Engineering
220 Fourth Avenue South
Kent, WA 98032-5895
(253)856-5547
kiLELE�LqaLa 2 LELrit�_Aa_ggy
PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A
CONSENT CALENDAR
City Council Action:
Councilmember moves, Councilmember.
seconds to approve Consent Calendar Items A through I.
Discuss
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular council meeting of July 7
2015.
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`✓ ICEIVT
Kent City Council Workshop Minutes
July 7, 2015
The workshop meeting was called to order at 5:07 pm by Council President Ralph.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, and Thomas.
Fire Impact Fee — Fire Chief Jim Schneider introduced Captain Larry Rabel and gave a brief
history of the Regional Fire Authority (RFA). Captain Rabel highlighted the growth impacts which
effect fire services and communicated the historic growth rates in the City of Kent.
Councilmember Ranniger arrived at 5:10 p.m.
Rabel reviewed level of service information and the current levels of service in the City of Kent.
Rabel communicated that so far this year the department is up 12 percent in the number of
service calls it responds to. The summary of the City's current situation was also communicated.
He reviewed reliability statistics of each of the stations. He noted that the department went
through accreditation in November and the actual level of service is higher than the adopted
standard levels of service. He added that resource exhaustion is occurring daily and there is no
capacity for growth, now or in the future. He also communicated that every new deployment
further reduces the department's level of service. Rabel continued and announced the Kent Fire
Department Regional Fire Authority (RFA) actions and plans to resolve these issues and
conducted a presentation on fire service concurrency. Rabel pointed out that at least three fire
stations, one in the Valley, one on East Hill, and a third on West Hill, to include their apparatus'
and equipment are needed in Kent, at a cost of $20 million. Rabel highlighted that the RFA isn't
a standalone agency. He highlighted that the South King County area would need 12 more fire
stations, 17 pumpers, and 3 aerials in order to meet the National Average for like communities.
Rabel communicated that level of service fees are not aligned with the current permitting
process. He highlighted that the lessons learned are to formalize adoption of level of service,
establish SEPA and GMA policy, establish a capital plan, and establish a mitigation policy. He
added that by conducting surveys in 2000, 2004, 2006, and 2010, 90 percent of the
respondents want development to pay for their impacts.
Rabel recommended the Council allow the City staff to begin work on a draft ordinance for new
Kent City Code that implements fire impact fees.
Councilmember Boyce clarified that the policies have been adopted in Covington and will be
reviewed in SeaTac so they can support the entire service area of functionality within the RFA.
Councilmember Berrios verified that the comparables are from the Economic and Community
Development presentation to the Council in 2012.
Kent City Council Workshop Meeting Minutes
Councilmember Berrios also verified that the projections presented are what the RFA believes
the impact fees will be going forward. Rabel also noted that the RFA does a capacity analysis
prior to any construction beginning. He noted that developers can get as much as 15 percent of
their fee back based on the current capacity.
Councilmember Berrios inquired if there is a risk of scaring developers away from the areas
where there isn't development if a fire impact fee is instituted. Rabel replied that the capacity
analysis looks at the units and provides credits based on the property.
Councilmember Fincher concurred that the downtown area is incentivized because it is already
developed and service is currently available.
Councilmember Higgins stated that the RFA is currently within its rights to start a level of service
impact fee without Council approval. He noted that having them present to the Council is the
honorable thing to do. He added that this was discussed at the RFA Board meetings and that
most of the peer cities have this fee already in place.
Rabel replied to Councilmember Berrios and highlighted that the proposed three stations would
be located on the Washington Avenue property, James Street, and on 217th Way.
Rabel continued and discussed the impacts of the train and transportation issues as related to
the locations of current fire stations.
Councilmember Fincher noted that the implementation of new fire stations would also be positive
for developers and current residents.
Council President Ralph communicated that this item will be on the Economic and Community
Development Committee agenda for July 13 as an information item and on August 13 with a
proposed ordinance. She communicated that this speaks to the overall safety of the City of Kent
and she would like to see this on the City Council agenda for approval by August 18.
Best Starts for Kids — Regional Initiative Director for King County Executive Dow Constantine,
Diane Carlson presented the "Best Starts for Kids" program. She communicated that in May,
King County Executive Dow Constantine brought forth this initiative to prevent negative
outcomes for kids and families in King County and put them on the path to lifelong success. She
communicated that prevention and early intervention are the most effective and the least
expensive approach to combating issues. However, she pointed out that 75 percent of the
County's general fund goes to the law and justice system and displayed the "Heckman Curve"
which notes the return on investment if you invest early in children. The three principles of the
program are to start early (before the age of five), make strategic investments on the
community level. She specifically stated that the levy is a six -year levy which will be on the
November 2015 ballot for specific outcome -based investment. Specifically, she noted that the
levy is for $0.14 per $1,000 which would generate $58.3 million in 2016 and $392.3 million in
six years. The funds would be allocated with 50 percent of the funds ($32.7 million) being
distributed to organizations who support kids 0-5 year old, 35 percent ($22.7 million) would be
distributed to organizations supporting 5-25 year olds, 9 percent ($6 million) would go to
communities, 6 percent ($4 million) would be utilized for data evaluation and infrastructure. She
reviewed the implementation process and noted that the plan will be drawn up after the cities
2
Kent City Council Workshop Meeting Minutes
and communities give their buy -in. Carlson broke down the distribution plan and noted what
types of strategies would qualify for grants and in which category.
Council President Ralph communicated that the Kent School District has lost all or nearly all of
their early intervention specialists and inquired if there are any funds available to restore them
under this program. Carlson responded that there arefunds available, and assistance to school
districts and centers that help with early intervention are a part of this.
Carlson continued and discussed the Communities of Opportunity strategy. She noted that it is a
program that allows the residents to come up with ideas on how to improve their community.
Carlson highlighted the timeline and stated that this began in early May and the final King
County Budget and Fiscal Management Committee meeting is tomorrow. She added that the
final King County Council vote is on July 20 to place this on the November ballot.
Council President Ralph noted that Councilmember Boyce needs to know if the consensus is to
have this placed on the ballot so he can let the Sound Cities Association Public Issues Committee
know.
Councilmember Boyce confirmed with Carlson that there is a high need in the South County and
there isn't enough money to do everything. She added that there would need to be a priority
placed on certain items.
Councilmember Higgins communicated that the evidence based approach is critical. Funds need
to be applied where the necessity is the greatest.
Councilmember Berrios agreed with Councilmember Higgins. He noted that South King County is
clearly an area of need. He confirmed that Carlson would be working directly with the allocation
of funds. She explained how fund distribution would occur.
Councilmember Boyce stated that he strongly supports this and understands that the more you
fund early education the better the results.
Councilmember Berrios discussed that this needs to be communicated well so that the
communities clearly understand how this program helps them. Carlson agreed.
Council President Ralph asked that this be on a future Council agenda so the message can be
given to the community.
Council President Ralph confirmed that the Council was in consensus to have this put on the
ballot.
Meeting adjourned at 6:24 pm.
Ronald F. Moore, MMC
City Clerk
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N(p5NIN0�'I'U 1�
Kent City Council Meeting Minutes
July 7, 2015
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Ralph, Berrios, Fincher, Higgins, Ranniger, and Thomas.
CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF.
Chief Administrative Officer Derek Matheson moved to reschedule item 4C, Tacoma
Stars Introduction to July 21, 2015 and delete item 4G, Economic and Community
Development Report. He also added item 7F, an excused absence for Councilmember
Thomas.
PUBLIC COMMUNICATIONS
A. Historical Note from Kent's 125th Anniversary — Jon Johnson, on behalf of the
Greater Kent Historical Society presented the historical note. Johnson highlighted the
Kent Lettuce Festival which occurred in the City of Kent from 1934 — 1937.
B. Public Recognition — Council President Ralph thanked the City staff for all their
work on the 4th of July. She especially thanked the parks, public works and the police
departments.
Mayor Cooke thanked all of the City staff, police, public works, fire, and parks for their
work during the holiday. She communicated that on July 1 there were 20 fireworks
calls, 30 on the July 2, 62 on July 3, and 522 on the 4th of July. She noted that besides
the fireworks calls there was a shooting, a stabbing, domestic violence calls, a few
fires, and several driving under the influence arrests on July 4th. She recognized that
the City staff was extremely busy and thanked them.
C. Tacoma Stars Introduction — Removed from the agenda.
D. Kent Neiahborhood Proaram Matchina Grant Awards — Toni Azzola,
Neighborhood Program Coordinator gave a brief on the matching grants that were
presented to the neighborhood programs. She stated that there are three
neighborhoods receiving grants-Saltair Hills, Mill Creek, and Pheasants Hollow -and
introduced them to the Council. She discussed the specifics of the neighborhood grant
program, including how projects are selected.
E. Proclamation for Diversity Employment Day — Mayor Cooke communicated
that the City organizes the Diversity Employment Day Career Fair which meets with
major employers and diversity professionals on July 21 at the ShoWare Center. This
event will offer employment advice.
F. Community Events — Council President Ralph communicated that there were 22
events at the ShoWare Center in June. She stated that the Long Island Medium and
Kent City Council Meeting Minutes
the Allegro Showcase were great. She stated that "Hello Kitty" will be on July 24 and
the circus will be back in September.
Mayor Cooke communicated that Kent Cornucopia Days is here. She noted that the
Kent Lions Club organizes this event and it is entirely staffed by volunteers. She stated
that there are dragon boat races, the crowning of Miss Cornucopia, a street fair, a
soccer tournament, and a parade.
G. Economic and Community Development Report — Removed from the agenda.
H. Interaovernmental Reports — Council President Ralph noted stated that she has
no report from meetings in the past few weeks. She added that the King County
Regional Law Safety and Justice Committee did not meet in the month of June and will
meet at the end of July. She added that the Transportation Policy Board meets this
week.
Councilmember Higgins noted that he hasn't had any regional meetings for two weeks
and there will be meetings on July 15, to include the Sound Cities Association Board of
Directors meeting and the Regional Transit Authority meeting.
Councilmember Boyce had no report, however the Sound Cities Association Policy
Issues Committee meets on Wednesday.
PUBLIC HEARING
None.
PUBLIC COMMENT
1. Bob Cisney, Kent — Cisney highlighted the weed and grass overgrowth on a
vacant lot on Harris Street across from the food bank. He stated that it is unsightly
and the homeless use the area for toilets and sleeping. He noted that the area has not
been mowed since last year. He inquired whether there is anything that can be done.
He noted that there are three different lots that need to be addressed.
City Attorney Tom Brubaker communicated that his staff will work on it tomorrow and
attempt to get in touch with the property owner.
2. Lisa Grillo, Kent — Grillo stated that she is a U.S. Veteran and has lived in the City
for a long time. She stated that she has run her neighborhood National Night Out
program for three years and is active in social media. She said that on the night of July
4th she waited on the phone after calling 911 for 20 minutes. Each July 4th, she said
she can't go anywhere and has to take care of her animals and her home. She stated
that this year there was a fire at her neighbors' home who also suffers from post -
traumatic stress disorder (PTSD). She asked for a ban on fireworks and noted that
issuing a ban may not stop fireworks, but it communicates that the Council cares
about its residents.
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Kent City Council Meeting Minutes
Councilmember Ranniger stated that she couldn't agree. She communicated that a
light, a sound, or just a bang can trigger PTSD. She noted that fireworks start early
and there were people who were hostages in their homes for days.
Mayor Cooke clarified that the City couldn't obtain the authority from state law to
execute a ban on fireworks this year. She added that even if a ban is put into place
people will disregard the law, but the expectation is that the law be enforced.
3. Crystal Grillo, Kent — Grillo communicated that she has lived in the City for 23
years and is mystified by the lack of concern from the Council. She said she has heard
that the lack of Council concern is caused by charities that receive money from the
sale of fireworks. She said she met a gentleman who served in Vietnam who was
walking in the Cherry Park neighborhood on West Hill, he couldn't believe how he felt
after hearing the fireworks on the 4th. She added that this gentleman was a combat
veteran and stayed inside during the fireworks. She stated that the lack of a ban
shows no respect to the Veteran's and residents. She communicated that every year
she has to give drugs to her pets to combat the effects of fireworks. She concluded
that it is time to ban fireworks in the City of Kent.
4. Holly Inkpen, Kent — Inkpen communicated that her neighbor runs an adult
family home and has over 20 negative reports concerning the facility. She stated that
they park in her driveway and block her family in. She stated sometimes they sit in
front of their house for half an hour and sometimes its ten minutes. She noted that
121't isn't a big street, either. She mentioned a sensor on the outside of the house
that sounds when people walk by, in or out and it can be heard inside of her house.
She stated that she has the right to enjoy her property and the alarm is a nuisance.
She said she complained to the police and they told her to call when a fire truck is
parked in her driveway. She added that she has also called code enforcement.
5. Steven Inkpen, Kent — Inkpen stated that he has a pamphlet full of pictures,
police reports, and other information concerning the obstruction of their driveway. He
stated that the neighbors are unresponsive and rude. He added that there are things
being thrown over the fence at their home. He noted that he has communicated with
other neighbors and they are in agreeance. He said the neighborhood is sick of it and
would like suggestions on what can be done. He also stated that the police encouraged
him to speak at this Council meeting.
6. Bill Stevenson, Kent — Stevenson supports a full ban of fireworks. He also
communicated that panhandling in the City of Kent has gone too far. He stated that
panhandlers have become aggressive and are coming up to your car to ask for money.
Mayor Cooke replied that there is a law on panhandling in the City and Assistant Chief
Padilla communicated that residents can call 911 if it occurs. He added that it is an
infraction and it can be dealt with through the City's code. Mayor Cooke asked that
Stevenson communicate to the police where it is occurring most frequently.
Councilmember Berrios communicated that the important thing for people to do is call
the police. If things are not reported to the police, panhandlers won't be held
accountable. He added that if there is a trespass order the person can be arrested.
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Kent City Council Meeting Minutes
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
F, seconded by Councilmember Boyce. Motion carried 6-0.
A. Approval of the Minutes — Approve. The minutes of the workshop and regular
council meeting of June 16 2015 were approved.
B. Payment of Bills — Approve. Bills received through May 31 and paid on May 31
after auditing by the Operations Committee on June 16 2015.
C. 2016-2021 Six -Year Transportation Improvement Proaram (TIP) — Set
Hearina Date. The Public Hearing date to consider the DRAFT 2016-2021 Six -Year
Transportation Improvement Program was set for July 21, 2015.
D. Agreement with T-Mobile West LLC for Cell Site in the Right -of -Way -
Authorize. The Mayor was authorized to sign two Right -of -Way Use License
Agreements with T-Mobile West LLC, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
E. Downtown Railroad Ouieter Zone - Authorize. The Mayor was authorized to
sign all necessary consultant contracts not to exceed $150,000, consistent with the
City's procurement policy and direct staff to complete a preliminary analysis to
determine the potential for a Local Improvement District that would fund a Railroad
Quieter Zone subject to final contract terms and conditions acceptable to the City
Attorney and Public Works Director.
F. Excused Absence for Councilmember Les Thomas. An excused absence for
Councilmember Thomas as he is unable to attend the City Council meeting of July 7,
2015.
OTHER BUSINESS
None.
BIDS
A. West Gowe Street — 4th Ave. South to Oh Ave. South Drainage Proiect -
Award. Tim LaPorte, Public Works Director communicated that there were four bids
received and the project is across the street from City Hall. He noted that the trees
have lifted the curb and gutter so that it no longer functions.
Councilmember Higgins moved to award the West Gowe Street between 4th
Avenue South to 6th Avenue South Drainage Project to R.L. Alia Company in
the amount of $312,030.00 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director, seconded by Council President Ralph.
Motion carried 6-0.
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Kent City Council Meeting Minutes
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. — Council President Ralph stated that at the workshop there
was a presentation by the Regional Fire Authority (RFA) on a fire impact fee. She
stated that the capital needs of the RFA are growing and this fee would help pay for
the impacts from those commercial and residential developments. The second topic
was "Best Start for Kids" and it concerns early prevention of childhood issues. She
added that the presentation was given by King County Executive Dow Constantine's
office and the Council, by consensus, agreed that this item should be on the ballot for
November 2015.
Council President Ralph communicated that the next workshop topic will be on
fireworks and that meeting will be at 5:00 p.m. on July 21. She added that a City
emergency ban meeting would have occurred, but the Washington State Department
of Natural Resources did not raise the threat level to "very high" which would have
authorized the City to initiate a citywide ban of fireworks.
B. Mayor. — Mayor Cooke communicated that the police have assembled a very good
document concerning the fireworks event. She said that even if the ban was put into
effect, she isn't sure that the police could have done much to curb fireworks. She
added that she met with King County Executive Dow Constantine and the Mayors of
three South King County Cities to discuss the alignment of link light rail in the Midway
area. She noted that there are organizations moving to have the light rail along
Highway 99, which is not favorable to the City. She noted that management of parking
was also discussed with the Sound Transit staff and three King County
Councilmembers. Mayor Cooke noted that City's budget discussions have begun with
departments and there is a $2 million gap between revenues and expenses. She stated
that the Norway exchange students will be here in July. She announced her being
elected to the Association of Washington Cities Board. Lastly, she recognized Jacob
Dryfus who was in the audience and is up for a spot on the Arts Commission.
C. Chief Administrative Officer. — Chief Administrative Officer Derek Matheson
communicated that the legislature adopted the state operating budget and it retained
all of the state shared revenues. The City did very well on the transportation and
capital budget front. He noted that the City will receive $15 million on the
transportation investment package for a railroad grade separation on 228th Street. He
also noted that under the capital budget the City receives almost $5 million for the
Lower Russell Road Levee Project, $500,000 for the Lake Meridian dock placement,
$500,000 for the Russell Road athletic field conversion, $500,000 for a trail connector
on 228th Avenue, and $500,000 for initial work toward an East Hill YMCA. He
summarized that it is almost $15 million in transportation funds and $7 million for
capital funds. He stated that it ended up being a very good session for the City of
Kent. He communicated that the Chief Administrative Officer Report is in the packet
and there is a brief executive session concerning property acquisition and it is
expected to last ten minutes with action occurring once the regular meeting is
reconvened.
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Kent City Council Meeting Minutes
Mayor Cooke noted that there will be a five minute recess before the executive
session.
D. Economic & Community Development Committee. — Councilmember Boyce
stated that the June meeting was cancelled and the next meeting will be on
Wednesday, July 15 at 5 p.m.
E. Operations Committee. — Today's meeting was cancelled.
F. Parks and Human Services Committee. — Councilmember Ranniger thanked
Council President Ralph for having the fireworks workshop on July 21. She also stated
that a revised ordinance on animal control was brought forth at the Parks and Human
Services Committee meeting last month. She noted that legal will bring the ordinance
back to committee in August due to the cancellation of the next meeting. She noted
that if it is adopted in August it will come to the Council in the fall.
G. Public Safety Committee. — Councilmember Berrios stated that shortly after the
4th of July last year he knew the City had issues with fireworks. He stated that he
toured the City with the Police Chief, departing at 7:30 p.m. and returning at 1 a.m.
He noted that there were people using illegal fireworks around the block from his
house. At 10 p.m., he said it became very intense. He noted that during this mayhem
there was one call about a door to a residence being broken down, one call about a
knife fight, and another about a man shooting a gun out of the window. He and Police
Chief Thomas responded to the gun call and reported loud fireworks being set off in
the vicinity that could have been confused for gunfire. He said he witnessed a small
Asian woman who was watering her lawn and trees because of fear of them catching
fire. He expressed his appreciation for Police Chief Thomas and his staff. He noted that
even if there is a ban he is afraid to go through another year of this. He stated that the
next Public Safety Committee meeting is on July 14 and this will be discussed.
Additionally, he stated that both the fire and police chiefs will be present at that
meeting to communicate their experiences. He stated that there are people who drive
from other cities to fire off their fireworks in Kent often leaving their messes behind in
our City. He stated that the emails do make a difference and the Council is interested
in what the residents have to say. He discussed an incident where a car drove by and
threw a firework at a residents' home and started a fire. He noted that the committee
is taking this very, very seriously and is working on the issue.
H. Public Works Committee. - Councilmember Higgins stated that the committee
met yesterday and the garbage utility tax revenues have been sufficient enough to
have more areas paved to include the 40th Avenue areas on West Hill.
I. Reaional Fire Authority. — No report.
RECESS
At 8:19 p.m., Mayor Cooke announced that the Council would recess for five minutes.
EXECUTIVE SESSION
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Kent City Council Meeting Minutes
At 8:24 p.m., Mayor Cooke announced that the Council would enter into an Executive
Session for ten minutes to discuss property negotiations as per RCW 42.30.110(1)(b).
At 8:32 p.m., the Executive Session concluded and Mayor Cooke reconvened the
regular meeting.
ACTION AFTER EXECUTIVE SESSION
No action was taken.
ADJOURNMENT
The meeting adjourned at 8:33 p.m.
Ronald F. Moore, MMC
City Clerk
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KTJ T BEN, ��
TO: City Council
DATE: July 21, 2015
Agenda Item: Consent Calendar — 7B
SUBJECT: Appointment of the Financial Sustainability Task Force — Confirm
MOTION: Confirm the Selection Committee's appointments of Lamont
Williams, Tom Smith, Ricki Robinson, Andrew Hough, April Santa Rosa,
Delores Christianson, Richard Wilkinson, Ross Hardy, Jerry Coupe,
Michael Johnson, Atama Anand, Dennis Manes, Lew Sellers, Alan Gray
and Mohinder Sohal to the Financial Sustainability Task Force.
We are pleased to recommend appointment of the following people to the City's
Financial Sustainability Task Force:
Lamont Williams is an East Hill resident living near Daniel Elementary and is the
Pastor for Restoration Life Church. Lamont will chair the Financial Sustainability Task
Force.
Tom Smith is an East Hill resident living near Sunrise Elementary and is a police
officer for the City of Renton.
Ricki Robinson lives in the Park Orchard neighborhood and is employed by the King
County Housing Authority.
Andrew Hough resides near East Hill Elementary and is an IT professional at EMC.
April Santa Rosa is co-owner of Valley Floor Company located in Kent and serves on
the Kent Chamber of Commerce Board of Directors.
Delores Christianson owns the property and business and was a finance manager
for Central Avenue Mini Storage.
Richard Wilkinson resides in East Hill's Tudor Square neighborhood and is a retired
IT manager.
Ross Hardy lives in the Panther Lake area and works as a Senior Analyst for the
Starbucks Coffee Company.
Jerry Coupe resides in The Lakes community and is retired from finance and IT
Michael Johnson an active resident in the Mill Creek Neighborhood Council, is retired
from the Boeing Company where he worked in engineering and management.
Atama Anand a resident in the Park Orchard neighborhood is employed as a Senior
Financial Analyst for Providence Health & Services.
Agenda Item: Consent Calendar — 7B (cont.)
Dennis Manes, lives downtown at The Platform, is the General Manager of Republic
Services and President of the Chamber of Commerce.
Lew Sellers resides in the Mill Creek neighborhood and is retired from IT and serves
on the Kent Public Facilities District Board.
Alan Gray, a West Hill resident in the Star Lake neighborhood, owns a CPA business
in downtown Kent.
Mohinder Sohal lives on Kent's East Hill, owns several businesses and is a tax
preparer.
RECOMMENDED BY: Mayor Suzette Cooke
BUDGET IMPACTS: None
KTJ T BEN, ��
TO: City Council
DATE: July 21, 2015
Agenda Item: Consent Calendar — 7C
SUBJECT: Appointment to Kent Arts Commission Youth Representatives - Confirm
MOTION: Confirm the Mayor's appointment of Emily Taskey and
Thomas La Guardia to the Kent Arts Commission as Youth
Representatives for a one-year term.
SUMMARY: Confirm the appointment of Emily Taskey to the Kent Arts Commission
youth representative position for a one-year term ending October 2016.
Emily is a city resident currently attending Kent Technology Academy at Kent Meridian
High School. She is a Girl Scouts camp counselor, and has participated in the Rain
City Rock Camp, elementary art nights and Auburn's Artragious.
Emily enjoys playing various music instruments and attending concerts, as well as
working on video production and public service announcements through KTA. Emily
would like to serve on the Kent Arts Commission as a voice for local youth who would
like more art and music available in our community.
Confirm the appointment of Thomas La Guardia to the Kent Arts Commission youth
representative position for a one-year term ending October 2016.
Thomas, a city resident, also attends the Kent Technology Academy at Kent Meridian
High School. He is a leader on the Superintendent's Student Advisory Board and the
Teens Take Action program at the Bill & Melinda Gates Foundation, president of
Kiwanis International Builders' Club and cellist in the orchestra for six years.
Thomas stated that art has always been a huge part of his life and feels the Kent
community lacks in development of the arts and does not provide outlets necessary
for youth to express their love for art. He feels the Kent Arts Commission seems like
the perfect place to have his voice heard.
I am pleased to recommend Emily Taskey and Thomas La Guardia for your
confirmation.
RECOMMENDED BY: Mayor Suzette Cooke
BUDGET IMPACTS: None
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Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: July 21, 2015
SUBJECT: Ten Year Interlocal Agreement with Water Resource Inventory Area
(WRIA) 9 — Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement (ILA) for
the Green River, Duwamish River, and Central Puget Sound Watersheds
within the geographic planning area of Water Resource Inventory Area
(WRIA) 9 (which includes portions of Water Resource Inventory Areas 8,
10, and 15).
SUMMARY: In 1999, the federal government listed Puget Sound Chinook salmon and Bull
Trout as threatened under the Endangered Species Act. In 2000, concerned about the
need to protect and restore habitat for salmon, 16 cities and King County in WRIA 9
signed an ILA to jointly participate in and fund the development of a habitat conservation
plan. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 9 Salmon
Habitat Plan and renewed for a ten year term which expires at the end of 2015. Puget
Sound Steelhead were subsequently also listed as threatened under the Endangered
Species Act in 2007.
The local agencies entered into the ILA share interest in and responsibility for addressing
long term watershed planning and conservation and wish to continue providing for
planning and implementation of various activities and projects. The result of the sixteen
years of collaboration among the parties and stakeholders is the development and
implementation of the WRIA 9 Salmon Habitat Plan, which is anticipated to be updated in
the term of the proposed ILA.
The proposed ILA has been updated to reflect the current structure of the WRIA 9
Watershed Ecosystem Forum and clarify some of its purposes and procedures.
Authorization for the Mayor to sign the ILA would allow the City to continue to support
preservation and restoration of salmon habitat in the Green River watershed through
implementing the Salmon Habitat Plan.
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY:
BUDGET IMPACT: None
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INTERLOCAL AGREEMENT
For the Green River, Duwamish River, and Central Puget Sound Watersheds
within the geographic planning area of Water Resource Inventory Area 9 (which
includes portions of Water Resource Inventory Areas 8, 10, and 15)
PREAMBLE
THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by
and among the eligible county and city governments signing this Agreement that are located in
King County or Pierce County, lying wholly or partially within or having a major interest in the
Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and
management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8,
10, and 15, ("WRIA 9") all political subdivisions of the State of Washington (individually, for those
signing this agreement, "Party", and collectively "Parties"),
WHEREAS, the planning and management area of WRIA 9 includes all of the area
recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15,
WHEREAS, the Parties share interests in and responsibility for addressing long-term
watershed planning and conservation of the aquatic ecosystems and floodplains of the Green
River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for
planning, funding and implementation of various activities and projects therein, and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" as approved in 2005 and since amended
("Salmon Habitat Plan"), contributed to the federally -approved Puget Sound Salmon Recovery
Plan, and desire to continue providing efficient participation in the implementation of such plans,
and
WHEREAS, the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat
Plan, and
WHEREAS, the Parties have participated in an extension of the 2001-2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007-2015 in implementing the Salmon
Habitat Plan, and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed
ecosystem services are worth billions of dollars of value to local people in terms of stormwater
management, pollution treatment, recreational value, and other expensive and difficult to replace
services, and
WHEREAS, the Parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision -making bodies regarding actions in
response to listings under the Endangered Species Act ("ESA"), and
WHEREAS, the Parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore habitat, and
ILA_WRIA9_2016-2025_05-14-2015.docx Page 1
WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon
Habitat Plan through adaptive management, and
WHEREAS, the Parties wish to continue to use adaptive management for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds, and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and
Central Puget Sound Watersheds to the overall health of Puget Sound, and
WHEREAS, the Parties have a strong interest in participating on the Washington Salmon
Coalition and other groups associated with the Salmon Recovery Funding Board to collectively
seek funding to implement the Salmon Habitat Plan, and
WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership
Action Agenda to restore the Puget Sound to health and sustain that health by 2020, and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and
Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement
the Salmon Habitat Plan, and
WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating
salmon recovery planning and actions, and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently, and
WHEREAS, individual Parties are taking separate and independent actions to improve
the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and
the overall health of Puget Sound,
NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows:
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for
participation in this Agreement as parties are King County, and the Cities of Algona,
Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent,
Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any
newly incorporated city that lies fully or partially within the boundaries of WRIA 9.
1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the
Parties who sign this Agreement and are the Parties responsible for implementing this
ILA_WRIA9_2016-2025_05-14-2015.docx Page 2
Agreement. The Parties to this ILA shall each designate a representative and alternate
representative to the WRIA 9 Watershed Ecosystem Forum.
1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem
Forum referred to herein is the cooperative body comprised of the designated
representatives of the WRIA 9 ILA Parties and a balance of Stakeholder
representatives and any other persons who are deemed by the Parties to this Agreement
to be appropriate members for the implementation of the Salmon Habitat Plan. The
WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for
making recommendations for implementing the Salmon Habitat Plan including
substantive plan amendments recommended as a result of adaptive management or
other changed conditions.
1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish
and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon
Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan
developed by the WRIA 9 Watershed Ecosystem Forum and ratified by all of the
parties to an interlocal agreement for its development and implementation. The Salmon
Habitat Plan recommends actions that should be taken to protect and restore salmon
habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound
Watersheds. The Salmon Habitat Plan maybe amended from time to time according to
the procedure in Section 6 herein and approved amendments shall be considered
integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are
intended to complement habitat improvements in other parts of Puget Sound and
hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and
bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon
Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein
consists of seven (7) elected officials or their designees. The seven officials of the
Management Committee are chosen by the WRIA 9 ILA Parties, according to the
voting procedures in Section 5 herein, charged with certain oversight and administrative
duties on the WRIA 91LA Parties' behalf.
1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WRIA 9 ILA Parties, in exchange for payment. The Service Provider may be a
Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 91LA Parties as it may require, in accordance with
the requirements of Chapter 39.34 RCW.
ILA_WRIA9_2016-2025_05-14-2015.docx Page 3
1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan,
and may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a mechanism to protect and restore the ecological health of the
Green/Duwamish Rivers and Central Puget Sound Watersheds.
2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing
and coordinating local efforts to address issues with watershed -wide or basin
implications, including but not limited to flood hazard reduction, floodplain management,
surface and groundwater quality, water quantity, and habitat.
2.3 To provide information for WRIA 91LA Parties to inform land use planning, regulations,
environmental programs, education, and enforcement of applicable codes.
2.4 To provide a mechanism and governance and funding structures for jointly implementing
the Salmon Habitat Plan.
2.5 To develop and take actions on key issues during the implementation of the Salmon
Habitat Plan.
2.6 To provide a mechanism for cooperative review and implementation of recommended
policies and regulations needed for response to listings under the Endangered Species
Act.
2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in
salmon recovery and other watershed efforts and to ensure continued public outreach
efforts to educate and garner support for current and future watershed and Endangered
Species Act listed species response efforts by local governments and in accordance with
the Salmon Habitat Plan.
2.8 To provide a mechanism for securing technical assistance and any available funding from
federal, state, and other sources to implement the Salmon Habitat Plan.
2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and
groundwater quality, water quantity, floodplain management, and flood hazard reduction
projects with other local, regional, tribal, state, federal and non-profit funds as may be
contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem
Forum.
2.10 To annually recommend WRIA 9 administrative support, projects, and programs for
funding by the King County Flood Control District through the District's Cooperative
Watershed Management grant program.
2.11 To annually recommend projects for implementation of planning, engineering, permitting
and construction tasks for the Green/Duwamish Ecosystem Restoration Project in
partnership with the U.S. Army Corps of Engineers.
ILA_WRIA9_2016-2025_05-14-2015.docx Page 4
2.12 To provide a framework for cooperating and coordinating among the Parties on issues
relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in
WRIA 9 planning and implementation, to prepare or implement a basin plan, or to
respond to any state or federal law which may require these actions as a condition of any
funding, permitting or other program of state or federal agencies. Participation is at the
discretion of such Party to this Agreement.
2.13 To provide a mechanism to approve and support, through resources and funding from
grant sources or other means, implementation of restoration and protection projects and
programs.
2.14 To provide a mechanism for on -going monitoring and adaptive management of the
Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties
and Watershed Ecosystem Forum.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or role of any jurisdiction, governmental entity or water quality policy bodies including
the Regional Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at
least five (5) of the eligible local governments within WRIA 9 representing at least seventy
percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by
the legislative body of each local government, and further provided that after such signatures this
Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and
.200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years,
provided, however, that this Agreement may be extended for such additional terms as the Parties
may agree to in writing with such extension being effective upon its execution by at least five (5)
of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of
the affected population within the geographic area of WRIA 9, as authorized by the legislative
body of each local government, and further provided that after such signatures this Agreement
has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such
extension shall bind only those Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal
governance structure for carrying out the purposes of this Agreement.
4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to
serve as its primary representative, and one (1) alternate representative to serve on the
WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different
elected official or senior staff person. Tacoma's representative shall be the Tacoma
Water Superintendent or designee, which designee shall be a senior staff position.
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA
9 ILA Parties shall meet and choose from among its members, according to the
ILA_WRIA9_2016-2025_05-14-2015.docx Page 5
provisions of Section 5 herein, seven (7) officials or their designees, to serve as a
Management Committee to oversee and direct the scope of work, funds, and personnel
agreed to and contributed under this Agreement, in accordance with the adopted annual
budget and work program and such other directions as may be provided by the WRIA 9
ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as
non -voting ex officio members of the Management Committee. The Management
Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties,
responsible for oversight and evaluation of any Service Providers or consultants,
administration of the budget and work plan, and for providing recommendations on
administrative matters to the WRIA 9 ILA Parties for action, consistent with other
subsections of this section. The appointed representatives of the WRIA 9 ILA Parties
shall consider new appointments or reappointments to the Management Committee
every two years following its initial appointments.
4.3 The services cost -shared under this agreement shall be provided to the WRIA 9 ILA
Parties and the Watershed Ecosystem Forum by the Service Provider, which shall
be King County Department of Natural Resources and Parks, unless selected otherwise
by the WRIA 91LA Parties. The Management Committee shall prepare a Memorandum
of Understanding to be signed by a representative of the Service Provider, and the
Chair of the WRIA 9 Management Committee., and this Memorandum of Understanding
shall set out the expectations for services so provided. Services should include, without
limitation, identification of and job descriptions for dedicated staff, description of any
supervisory role retained by the Service Provider over any staff performing services
under this Agreement, and a method of regular consultation between the Service
Provider and the Management Committee concerning the performance of services
hereunder.
4.3.1 A subset of the Parties to this Agreement may purchase and cost share services
from the Service Provider in addition to the annual cost -shared services agreed
to by all Parties pursuant to Section 4.3 herein.
4.3.2 The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service Provider, and the Chair of the
WRIA 9 Management Committee, which shall set out the expectations for the
additional services to be provided to the subset of the Parties to this Agreement.
4.4 The WRIA 9 ILA Parties by September 1 of each year shall establish and approve an
annual budget that provides for the level of funding and total resource obligations of the
Parties for the following calendar year. Such obligations are to be allocated on a
proportional basis based on the average of the population, assessed valuation and area
attributable to each Party to this Agreement, in accordance with the formula set forth in
Exhibit A, which formula and accompanying data shall be updated every third year by the
ILA_WRIA9_2016-2025_05-14-2015.docx Page 6
WRIA 9 Management Committee. Individual Party cost shares may change more
frequently than every three years for Parties involved in an annexation that changes the
area, population, and assessed value calculation of such Party to the extent that the cost
shares established by the formula set forth in Exhibit A would be changed by such
annexation. Tacoma's cost share will be determined on an annual basis by the
Management Committee, and will be included in the annual updates to Exhibit A. The
weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall
correspond to Tacoma's cost share for each year relative to the cost shares contributed
by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services.
4.5 The WRIA 9 ILA Parties shall incorporate the negotiated additional cost share and
incorporate the services in the annual budget and work plan. The WRIA 9 ILA Parties
shall oversee and administer the expenditure of budgeted funds and shall allocate the
utilization of resources contributed by each Party or obtained from other sources in
accordance with the approved annual work program.
4.6 The WRIA 9 ILA Parties shall review and evaluate the duties to be assigned to the
Management Committee hereunder and the performance of the Fiscal Agent and
Service Provider to this Agreement, and shall provide for whatever actions are
necessary to ensure that quality services are efficiently, effectively and responsibly
delivered in the performance of the purposes of this Agreement. The performance of the
Service Providershall be assessed every year.
4.7 The Parties to the WRIA 9 Interlocal Agreement may contract with similar watershed
forum governing bodies such as the Puget Sound Partnership or any other entities for
any lawful purpose related to the purposes provided for in this Agreement. The Parties
may choose to create a separate legal or administrative entity under applicable state law,
including without limitation a nonprofit corporation or general partnership, to accept
private gifts, grants or financial contributions, or for any other lawful purpose consistent
with the purposes provided for herein.
4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with
its purposes as stated herein and are necessary for its operation.
5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets,
priorities, and any other actions necessary to carry out the purposes of this Agreement as follows:
5.1 Decisions shall be made using a consensus model as much as possible. Each Party
agrees to use its best efforts and exercise good faith in consensus decision -making.
Consensus may be reached by unanimous agreement of the Parties. If unanimous
ILA_WRIA9_2016-2025_05-14-2015.docx Page 7
agreement of members cannot be reached then the Parties to this agreement may reach
consensus by a majority recommendation with a minority report. Any Party who does not
accept a majority decision may request weighted voting as set forth below.
5.2 In the event consensus cannot be achieved, as determined by rules and procedures
adopted by the Parties to the WRIA 9 Interlocal Agreement, the WRIA 9 ILA Patties
shall take action on a dual -majority basis, as follows:
5.2.1 Each Party, through its appointed representative, may cast its weighted vote in
connection with a proposed WRIA 9 action.
5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the
other Parties shall be determined by the percentage of the annual contribution
made by each Party as set in accordance with Section 4.4 herein in the year in
which the vote is taken.
5.2.3 For any action subject to weighted voting to be deemed approved, valid and
binding, an affirmative vote must be cast by both a majority of the Parties to this
Agreement and by a majority of the weighted votes of the Parties to this
Agreement.
6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The
Salmon Habitat Plan shall be implemented consistent with the following:
6.1 The WRIA 9 Watershed Ecosystem Forum shall provide information to the WRIA 91LA
Patties regarding progress in achieving the goals and objectives of the Salmon Habitat
Plan. Recommendations of the WRIA 9 Watershed Ecosystem Forum are to be
consistent with the purposes of this Agreement. The WRIA 9 ILA Parties may authorize
additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a
technical committee and adaptive management work group. The Watershed Ecosystem
Forum shall develop and approve operating and voting procedures for its deliberations,
but such procedures do not affect the voting provisions contained in this Agreement for
the WRIA 91LA Parties.
6.2 The WRIA 91LA Parties shall act to approve or remand any substantive changes to the
Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed
Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according
to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan
changes are not so approved, the recommended changes shall be returned to the WRIA
9 Watershed Ecosystem Forum for further consideration and amendment and
thereafter returned to the WRIA 91LA Parties for decision.
6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive
changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for
ratification prior to the submission to any regional, state, or federal agency for further
action. Ratification means an affirmative action, evidenced by a resolution, motion, or
ILA_WRIA9_2016-2025_05-14-2015.docx Page 8
ordinance of the local government's legislative body, by at least five Parties representing
at least seventy percent (70%) of the total population within the geographic planning and
management area of WRIA 9.
6.4 Upon remand for consideration of any portion or all of the changes to the Salmon
Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall
undertake a review for consideration of the remanded changes to the plan. The WRIA 9
ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum
for recommendation or amendments thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded
separately by any Party to any regional, state or federal agency unless the changes have
been approved and ratified as provided herein.
7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as
established in the annual budget adopted by the WRIA 9 ILA Parties under this
Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9
Watershed Ecosystem Forum funding, technical support and participation in related
planning and implementation of projects, and activities as set forth herein. It is
anticipated that separate actions by the legislative bodies of the Parties will be necessary
from time to time in order to carry out these obligations.
7.2 The maximum funding responsibilities imposed upon the parties during each year of this
Agreement shall not exceed the amounts that are established annually pursuant to
Section 4.4 herein.
7.3 No later than September 1 of each year of this Agreement, the WRIA 91LA Parties shall
adopt a budget, including its overhead and administrative costs, for the following calendar
year. The budget shall propose the level of funding and other (e.g., staffing)
responsibilities of the individual parties for the following calendar year and shall propose
the levels of funding and resources to be allocated to specific prioritized planning and
implementation activities within WRIA 9. The Parties shall thereafter take whatever
separate legislative or other actions as may be necessary to address such individual
responsibilities under the proposed budget, and shall have done so no later than
December 1 of each year. Parties may elect to secure grant funding to meet their
individual obligations.
7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties
shall be maintained in a special fund by King County as Fiscal Agent and as ex officio
treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures
established and agreed to by the WRIA 91LA Parties. Such rules and procedures shall
set out billing practices and collection procedures and any other procedures as may be
necessary to provide for its efficient administration and operation.
ILA_WRIA9_2016-2025_05-14-2015.docx Page 9
7.5 Any Party to this Agreement may inspect and review all records maintained in connection
with such fund at any reasonable time.
8. LATECOMERS. A county or city government in King County lying wholly or partially within the
management area of or with a major interest in WRIA 9 which has not become a Party to this
Agreement within twelve (12) months of the effective date of this Agreement may become a Party
by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5
herein otherwise governing decisions of the WRIA 9 ILA Parties shall not apply to this section.
The Parties of the Agreement and any governments seeking to become a Party shall jointly
determine the terms and conditions under which a government may become a new Party. The
terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal
Agent. The amount of payment is determined jointly by the existing WRIA 91LA Parties and the
new Party. The payment of the new Party is to be a fair and proportionate share of all costs
associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government
becomes a new Party. Any government that becomes a Party pursuant to this section shall
thereby assume the general rights and responsibilities of all other Parties.
9. TERMINATION.
9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar
year, and then only if the terminating Party, through action of its governing body, provides
at least sixty (60) days' prior written notice of its intent to terminate. The terminating Party
shall remain fully responsible for meeting all of its funding and other obligations through
the end of the calendar year in which such notice is given, together with any other costs
that may have been incurred on behalf of such terminating Party up to the effective date
of such termination. It is possible that the makeup of the Parties to this Agreement may
change from time to time. Regardless of any such changes, the Parties choosing not to
exercise the right of termination shall each remain obligated to only meet their respective
share of the obligations of the WRIA 9 ILA Parties as reflected in the annual budget.
The shares of any terminating Party shall not be the obligation of any of the Parties not
choosing to exercise the right of termination.
9.2 This Agreement may be terminated in its entirety at any time by the written agreement of
all of the Parties. In the event this Agreement is terminated all unexpended funds shall
be refunded to the Parties pro rata based on each Party's cost share percentage of the
total budgeted funds and any real or personal property acquired to carry out the purposes
of this Agreement shall be returned to the contributing Party if such Party can be
identified, and if the Party cannot be identified, the property shall be disposed of and the
proceeds distributed pro rata as described above for unexpended funds.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city
and county governments, and federal law as governing to tribes, and for the limited purposes set
forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other
ILA_WRIA9_2016-2025_05-14-2015.docx Page 10
Parties, their officers, elected officials, agents and employees, while acting within the scope of
their employment as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
arising out of or in any way resulting from such Party's own negligent acts or omissions related to
such Party's participation and obligations under this Agreement. Each Party to this Agreement
agrees that its obligations under this subsection extend to any claim, demand and/or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by
mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising
therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's
culpability. The provisions of this Section shall survive and continue to be applicable to Parties
exercising the right of termination pursuant to Section 9 herein.
11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume
any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to
any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute, regulation or ordinance of any local municipality or government, the State of
Washington, or the United States.
12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that
no Party is committing to adopt or implement any actions or recommendations that may be
contained in the Salmon Habitat Plan.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Parties from choosing or agreeing to fund or implement any work, activities or
projects associated with any of the purposes hereunder by separate agreement or action,
provided that any such decision or agreement shall not impose any funding, participation or other
obligation of any kind on any Party which is not a party to such decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the National Oceanic
and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency
or department of the United States, or the State of Washington, or to form the basis for any
liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected
officials, agents and employees, to any third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each Party's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
ILA_WRIA9_2016-2025_05-14-2015.docx Page 11
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must
approve this Agreement before any representative of such Party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the
provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein.
19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and
supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding
the specific terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below:
Approved as to form: CITY OF ALGONA:
By: By:
Title: Title:
Date:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 12
Approved as to form: CITY OF AUBURN:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 13
Approved as to form: CITY OF BLACK DIAMOND:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 14
Approved as to form: CITY OF BURIEN:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 15
Approved as to form: CITY OF COVINGTON:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 16
Approved as to form: CITY OF DES MOINES:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 17
Approved as to form: CITY OF ENUMCLAW:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 18
Approved as to form: CITY OF FEDERAL WAY:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 19
Approved as to form: CITY OF KENT:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 20
Approved as to form: KING COUNTY:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 21
Approved as to form: CITY OF MAPLE VALLEY:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 22
Approved as to form: CITY OF NORMANDY PARK:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 23
Approved as to form: CITY OF RENTON:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 24
Approved as to form: CITY OF SEATAC:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 25
Approved as to form: CITY OF SEATTLE:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 26
Approved as to form: CITY OF TACOMA:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 27
Approved as to form: CITY OF TUKWILA:
0
Title:
Date:
0
Title:
Date:
ILA_WRIA9_2016-2025_05-14-2015.docx Page 28
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This page intentionally left blank.
KENO T
TO: City Council
DATE: July 21, 2015
Agenda Item: Consent Calendar — 7E
SUBJECT: Consultant Agreement with R2 Resource Consultants for Mitigation for
the Mill Creek Reestablishment Project — Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to
prepare a wetland mitigation plan for the Mill Creek Reestablishment
Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Mill Creek Reestablishment Project proposes to reestablish the original
grades between culverts along Mill Creek in the Kent valley. This project will remove
accumulated sediment within the creek channel between S. 204th Street and W. Smith
Street to reduce flooding and drainage issues.
Several environmental permits will be required for this project, including an Army Corps of
Engineers Section 404 (Discharge of Dredge or Fill Material into Water) permit. Several
wetlands are expected to be impacted by this project and mitigation must be designed
and planned to receive Corps approval of the 404 permit.
This contract will hire R2 Resource Consultants, Inc., to design a wetland mitigation plan
that meets Corps requirements to compensate for impacts to Mill Creek wetlands from the
Mill Creek Reestablishment Project. It is expected that mitigation will occur on the City
property just east of Mill Creek and north of James Street (the "Little Property").
EXHIBITS: Consultant Services Agreement with R2 Resources Consultants, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY:
BUDGET IMPACT: No unbudgeted funds will be required. The contract will be paid
through the Stormwater Utility Fund.
This page intentionally left blank.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
R2 Resource Consultants, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of
Washington, located and doing business at 15250 NE 951h St., Redmond, WA 98052-2518, Phone: (425)
556-1288/Fax: (425) 556-1290, Contact: Kevin Fetherston (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:
The Consultant shall assist the City with development of the Mill Creek Reestablishment
Wetland Mitigation Plan. For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
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 March 31, 2016.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Seventy Six Thousand, Three Hundred Nineteen Dollars ($76,319.00), 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 - 1
(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 liability hereunder 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 - 2
(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.
I:M11#u16Ys]44A_1�IX0l1by:2:1611F/6-)[67�6-1
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 - 3
(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. 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.
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.
CONSULTANT SERVICES AGREEMENT - 4
(Over $20, 000)
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
CONSULTANT:
CITY OF KENT:
Kevin Fetherston
Timothy]. LaPorte, P.E.
R2 Resource Consultants, Inc.
City of Kent
15250 NE 951h St.
220 Fourth Avenue South
Redmond, WA 98052-2518
Kent, WA 98032
(425) 556-1288 (telephone)
(253) 856-5500 (telephone)
(425) 556-1290 (facsimile)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
R2 Resource - MIII Creek/Knox
CONSULTANT SERVICES AGREEMENT - 5
(Over $20, 000)
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:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN
CONTRACTORS
POLICY:
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
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 - 2
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:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
Mill Creek Reestablishment
Wetland Mitigation Plan
Scope of Work
Prepared for.
City of Kent
Prepared by:
R2 Resource Consultants, Inc.
15250 N.E. 95th Street
Redmond, Washington 98052
June 8, 2015
of Work
CONTENTS
City of Kent
SCOPEOF SERVICES.......................................................................................................... 1
TASK 1 — LITTLE PROPERTY JURISDICTIONAL WETLAND DELINEATION & WETLAND TYPING ............... 1
TASK 2—WETLAND MITIGATION PLAN DEVELOPMENT......................................................................2
Subtask 2.1 — Plant Community Characterization and Mapping....................................................... 3
Subtask 2.2 — Wetland Mitigation Design Alternatives...................................................................... 3
Subtask 2.3 — Mill Creek Channel Relocation Preliminary Design — Geomorphic and
Hydraulic Analyses............................................................................... 4
Subtask 2.4 — Wetland Functional Analyses — Impacted Mill Creek and Little Property
Wetland Mitigation ............. ............................................. --- ...........................................
... 5
TASK 3 —TECHNICAL GUIDANCE— REGULATORY PERMITTING AND MITIGATION PLAN CONSTRUCTION
PLANS AND SPECIFICATIONS................................................................................................... 6
TASK 4 — PROJECT ADMINISTRATION
SCHEDULE..... ................................ ................. ........... ......
BUDGET................................................................................................
VA
................................. 7
....................... 7
R2 Resource Consultants, Inc. June 8, 2015
Scope of Work
Scope of Services
City of Kent
The City of Kent (City) has requested that R2 Resource Consultants (R2) prepare a scope of
work (SOW) and budget to assist the City of Kent project manager with development of the Mill
Creek Reestablishment Wetland Mitigation Plan. R2 will provide the following services:
1. Update the wetland delineation of the "Little Property."
2. Assist the project manager in designing a wetland mitigation plan (the Plan) to
compensate for wetland impacts from the Mill Creek Reestablishment Project. The Plan
will be designed to meet both federal wetland mitigation and City of Kent Critical areas
requirements, Kent City Code Chapter 11.06 ("Critical areas").
Provide technical guidance to the City with preparation of environmental regulatory
pen -nit documents and technical review of wetland mitigation construction documents
and specifications.
The following SOW provides descriptions for each of the tasks, including assumptions,
deliverables, schedule, and budget.
Task 1 - tittle Property Jurisdictional Wetland Delineation & Wetland
Typing
R2 Professional Wetland Scientists (PWS) will conduct an on-sitejurisdictional wetland
delineation of the approximately 20-acre Little Property site owned by the City. The wetland
delineation, to be submitted to the U.S. Army Corps of Engineers (Corps), Seattle District, will
be conducted in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and
the Regional Supplement to the Corps of Fngmeers Wetland Delineation Manual Western
Mountains, Valleys, and Coast Region, Version 2.0 (May 2010). The wetland delineation will be
conducted, and wetland delineation report developed, by R2 in accordance to the wetland
delineation recommendations put forth in the Corps, Seattle District, document Components of a
Complete Wetland Delineation Report (January 20, 2011).
Based upon the findings of the wetland delineation R2 will conduct a wetland typing of the Little
Property wetlands using the Washington State Wetland rating System for Western Washington:
11ruby, T. 2014. bashington State Wetland Rating System, for TVes1 11
Washington. 2014 Update. (Publication 914-06-029). Olympia, WA: Washington
Department of Ecology.
Assumptions
'the City will provide R2 with a legal survey plat of the Little Property site for field work.
P2 Pesoun;e Consultants, Inc. 1 June 8, 2015
Scope of Work
City of Kent
• The City will provide R2 with most recent ortho-rectified aerial photography in electronic
(Shape file) format.
• The City will provide on -the -ground flagging of Little Property legal boundaries where
necessary for R2 field crew to delineate only City property (adjacent to private
properties).
• The City will conduct a legal survey of the wetland delineation boundary flags, including
wetland sample plots, within seven (7) days of R2 finishing the on -site flagging. 'This
schedule is recommended to prevent loss of work due to wetland boundary flagging
vandalism (removal or movement of flagging by the public).
• The City will provide to R2 a final wetland boundary and property boundary map
projected on a recent ortho-rectified aerial photograph in Shape file and CAD formats.
The map will include surveyed wetland boundary and wetland sample plot flagging
locations.
Defiverables
• On -the -ground jurisdictional wetland delineation of the Little Property. Wetland
boundary will be staked/flagged with Wx48" wooden stakes and vegetation where
appropriate. Representative paired (upland/wetland) plots will be similarly
staked/flagged.
Weiland delineation report including all report elements outlined in Corps, Seattle
District, document Components of a Complete Welland Delineation Report (January 20,
2011).
Task 2 - Wetland Mitigation Plan Development
R2 will develop, with the City project manager, a wetland mitigation plan (the Plan) that
adequately compensates for wetland impacts from the Mill Creek Reestablishment Project. The
Plan will be designed meet mitigation requirements as determined by the Corps, Seattle District,
and City Critical Areas Code Chapter 11.06. The wetland mitigation plan will include elements
recommended in the inter -agency (U.S. Army Corps of Engineers and Washington State
Department of Ecology) guidance document:
Washington State Departmentgf Ecology, U.S. Army Corps of Engineers Seattle
District, and U.S. F,nviromnental Protection Agency Region 10. March 2006.
Wetland Mitigation in Washington State —Part 2. Developing Mitigation Plans
(Version 1). Washington Stale Department of Ecology Publication 06-06-011 b.
Olympia, WA.
R2 Resource Consultants, Inc. 2 June 8, 2015
Scope of Work City of Kent
R2 will prepare the Plan, with City review, in three phases: (1) conceptual mitigation plan design
for federal and state agency review, (2) Draft Mitigation Plan upon approval by federal and state
agencies of the conceptual mitigation plan, and (3) Final Mitigation Plan for JARPA submittal
upon approval by the City. A pre -application meeting will be held with federal and state
agencies to review, and get approval of, the conceptual mitigation plan, including compensatory
mitigation ratio, before R2 proceeds with the Draft and Final Plans.
The Corps will require a wetland functional analysis of impacted wetland and mitigation wetland
functions to determine the amount of compensatory wetland mitigation required for the Mill
Creek Project impacts. R2 recommends discussing the type of wetland functional analysis to be
used for the Mill Creek project with the Corps before implementing the functional analysis. For
example, the Washington Department of Ecology has developed the Credit / Debit method for
calculating compensatory mitigation in the State of Washington in the document:
Hruby, T. 2012. Calculating Credits and Debits for Compensatory Mitigation in
Wetlands of Western Washington, Final Report, March 2012. Washington State
Department of Ecology publication 910-06-11.
Subtask 2.1 - Plant Community Characterization and Mapping
A plant community characterization and mapping for the Little Property will be conducted
during the wetland delineation field work (Task 1). Plant communities on -site will be mapped as
individual polygons through aerial photographic interpretation and GPS on -site mapping. Plant
community type descriptions — including species lists, aerial cover, soils types and general
hydrologic conditions —will be collected in the field. Plant community, soils and hydrology
characterizations and description is a necessary step in developing the vegetation
restoration/enhancement design for the wetland mitigation plan.
Subtask 2.2 - Wetland Mitigation Design Alternatives
R2 will develop two alternative conceptual wetland mitigation design sketches for the Little
Property site prior to conducting hydraulic modeling and detailed plant community
restoration/enhancement and channel designs. The preliminary sketches will be presented and
discussed with the City Team at a meeting. One alternative will be selected to develop into the
conceptual mitigation design. Wetland mitigation design will include: plant community
restoration/enhancement, geomorphic and hydraulic analyses and channel design. The designs
will be presented in CAD format.
R2 Resource Consultants, Inc. 3 June 8, 2015
Scope of Work
of Kent
Subtask 2.3 - Mill Creek Channel Relocation Preliminary Design - Geomorphic and
Hydraulic Analyses
R2 will use the City's topographic base map to lay out a conceptual channel configuration on the
project site involving relocating the channel from its present straightened location. Various
conceptual alternative layouts will be discussed, and a preferred conceptual layout identified. A
EEC-RAS hydraulic model will be constructed with geometry files for existing conditions and
with the proposed project layout, starting upstream of the James Street culvert and ending below
the next culvert downstream. Sediment grab samples will be obtained upstream and within the
site; the samples will be processed at an accredited laboratory and the results used to define the
grain size distribution of the current sediment load to the site and for modeling sediment
transport capacity. Scour analyses will be performed for the proposed layout to evaluate the
potential for impact to an existing sewer line crossing the site. Soil angering and sample plot pit
samples performed for the wetlands delineation will be used to characterize the lower soil
horizon profile for guiding the design and identifying geotechnical engineering needs for future
design stages. The HEC-RAS model will be used to evaluate flooding extents of the selected
layout and erosive forces in the proposed channel, where both attributes will help guide
development of the design.
Assumptions
• A formal SEPA/SRFB/value engineering style alternatives analysis involving developing
alternative conceptual designs and cost estimates for each alternative will not be
performed.
• R2 will provide the City piezometer locations on a City provided site topo map. The City
will provide R2 with the site topo map in CAD format. The City will install and monitor
piezometers and provide R2 with piezometer measurements for R2 to characterize
groundwater levels at the site.
• A tfECRAS model constructed by Anchor QEA for the City's Storm -water Plan might be
available for use and modification in constructing the existing conditions model. If this is
the case, the City will provide copies of documentation of model construction and
calibration if such documentation exists.
• Hydrologic analyses performed for the City as part of upstream sediment mitigation
design and the Stormwater Plan HEC-RAS model have been completed and results can
be used to define magnitudes of design floods and low flows in hydraulic modeling of
project reach.
• Topographic base map, consisting of t ft elevation contours, and locations and
elevations/dimensions/specifications of all utilities and associated structures (e.g.,
culverts, and sewer pump/lift facilities, if any) on site will be provided by the City to R2.
R2 Resource Consultants, Inc. 4 June 8, 2015
Scope of Work
City of Kent
• Any existing reports on hydraulic, hydrologic, and geomorphic analyses of Mill Creek
will be provided to R2 by the City.
Deliverables
• AutoCAD 2015 CAD file with 11 "xl7" scaled sheets depicting:
o Cover sheet w/ site map and key to sheets;
o Legend, survey details;
o Existing site topography and property boundaries, access, utilities;
o Proposed channel plan view layout, including predicted extents of 2-, 10, and 100
year flood; the 2-yr flood results will be surrogates for OHW characterizations of
the proposed channel;
o Long profile along proposed channel centerline, showing predicted floodwater
surface elevations:
o Representative cross-section profiles of the channel and any instream structures,
showing predicted low flow and flood water surface elevations;
o Plan and sections detailing plant community restoration/enhancement plan
including relation to predicted low flow and flood flow water levels as they
influence plant community composition and function; and
o Conceptual level TESC and on site water management/dewatering plans.
HEC-RAS hydraulic model of the existing and proposed channels for impact assessment
and design.
• Engineer's Opinion ofProbablc Cost for (i) Concept design construction (scoping level),
and (ii) 100% PS&E (Plans, Specifications and Estimate).
Technical Basis of Conceptual Design Memorandum summarizing hydrology, hydraulics
including project effects on 100 year flood, geomorphic assessment results, sediment
transport characteristics of channel, development of proposed layout, and overview of
project element design constraints and approaches.
Subtask 2.4 - Wetland functional Analyses- Impacted Mill Creek and Little Property
Wetland Mitigation
R2 will conduct a wetland functional analysis of both impacted Mill Creek riverine wetlands and
Little Property wetland mitigation designs. Upon approval of the Corps, Seattle District, the
WADOE Credit/Debit functional analysis approach will be used (Ilruby 2012) to assess both
impacts to Mill Creek riverine wetlands and the compensatory mitigation designs.
R2 Resource Consultants, Inc. 5 June 8, 2015
Scope of Work City of Kent
R2 will present the selected conceptual wetland mitigation design at an inter -agency meeting to
obtain approval for the mitigation design approach. Upon approval by the City, and agencies, R2
will prepare Draft wetland mitigation plan for submittal to the City. Upon City review, R2 will
produce a Final wetland mitigation plan. The wetland mitigation plan is not a final eonstrnrction
and planting document. R2 understands the City will produce final construction documents for
permit submittal and construction bid process.
Assumptions
An inter -agency meeting will be held to present the Mill Creek conceptual mitigation
plan.
• The City will provide R2 with Mill Creek wetland delineation report, WA wetland typing
document and total area and wetland type of Mill Creek wetland impacts.
Deliverables
• Conceptual, Draft and Final Wetland Mitigation Plans.
Inter -agency meeting with Cotps, Seattle District and Washington Department of
Ecology.
Task 3 - Technical Guidance — Regulatory Permitting and Mitigation Plan
Construction Plans and Specifications
R2 will provide the City with technical guidance in preparing the mitigation construction plans
and specifications and regulatory permits. This technical guidance will be in the form of (1) two
meetings with R2 engineer and wetland scientists and the City Mitigation Plan Team, (2) R2
review of City developed construction sheets, and (3) R2 wetland scientist review of JARPA
submittal prepared by the City.
Assumptions
• The City will develop final wetland mitigation construction plans and specifications.
• The City will develop all environmental permits.
Deliverables
• Two meetings with Drs. Fetherston and De Vries and Mrs. Knox Ma chata at the City to
review regulatory permits and construction plans and specifications.
• Brief technical memorandum summarizing regulatory permits and construction plans and
specifications R2 review and recommendations.
R2 Resource Consultants, Inc. 6 June 8, 2015
of Work
Task 4 - Project Administration
City of Kent
Kevin Fetherston will be responsible for project management and coordination with the City
project manager.
.I .
R2 will provide the conceptual wetland mitigation plan to the City by 60 days following the
City's notice to proceed (NTP). Within 45 days of City and agencies approval of the conceptual
wetland mitigation plan, R2 will provide the City the Draft Wetland Mitigation Plan. The Final
Wetland Mitigation Plan will be, delivered to the City 21 days following R2 receipt of the City's
Draft Wetland Mitigation Plan comments.
Assumptions
During the sketch wetland mitigation alternatives presentation to the City Team, R2 and the City
will choose a preferred mitigation design alternative to develop to the conceptual design stage.
This is a schedule determining step in meeting the 60 days post NTP conceptual mitigation plan
design deliverable date.
=1
Project budget is provided on the following page.
R2 Resource Consultants, Inc. 7 June 8, 2015
of Work
City of Kent
MR ...... can'aannt"Dr.
nnr,rvlo, u, 21rz5
_ Table In. Labor Hours and Costs
City of Kent Mill Creek 1Vrtland Mitigation
- -
_
'1ASK 01
TASK 02A
(SOW SUATASKS
2.1, 22, 2J)
TASK02n
(SOW TASK2.3) 1ASK03
TASK04
TOTAL
Hrs/Gala$
W efland Delineation
Wollner] lyping
&
Min afion Plan
_
H"ICA's
Channel Desf
Technical
Pr, c,,Admin
near1T _
Role
Typing
Modeling _
nrvcsts$
Goldnnm
_
_
Revets$
PERSONNEL
rirs/CrISS
11'0 sts$
-
-
Paul DeVcies, Ph.D., P.A.
$1 SO100
-- --
-
O
ll 80-
- -- to
-
p _ 90
Fish RiolMyd:ologis( _
Kevin Ptherstcn, Ph.D.
Wetland R, anan Fcol'g't
48
--
45
--
--'-
- --
40
- -
143
- SI7100
- 0 10
-
J.'IL blolneJ
$15a00
-
0
---
4
0
0
0 -- 4
GlS hfana r
-.
-
J0d9Rr ha¢idge. _
.Administration�Con nonce
4'122DU
..-
O
$12200
Kate Knox InchaI.Pws
Wetland Ecolo-
80
_. 3
45
0
40
0
8
O133
80
Brardle, Gatlmnum.
CARD
$I00.00
0 40
0 0
0 O
-
SAbdna YenOa
$10000
6
3
Wosd Pmcessin /Admin
'ccoo, mt
$8900
O'
0
- ---
0
-'
p
80
80
Civil Enpneer--'-
CIAE
Afichell McLAughlin
Clcricel-
$68.00
- -
0
0
TotalLabor Hours
Total Labor CoslsS
_ 131 13'I 200 28 56
- $1 A,26N.00 $18,09'l.00 - $25.360.00 SJ,486.00 $8,360.DD
Table 1b. Otber Direct Costs (ODCs) and TOTAL COSTS
Citv of Kent Mill Creek Wetland Mitigation
_ 552
S74,571.00
_
-
--
TASK OI
TASK02A
(SOW'SDIIT.ASks
2.1,2.2,2,4)
TASK 02D
(SOW TASK 2.3) 'JASK03
TASK 04
Welland De lineation&
Wetland Typing
Ty in
Miligalim: P_I:m
Channel llrsigrt_ Technical
Modeling Guidance
Pr0'wt Admin
TOTAL
_
ITEM
Ea enaea:'Iravel, Mlsq Supplies,
F toldSuppl (surve}•WIe fl»gging)
Sobsls[ence:
_
SO,OO
SODO
Yl W00
Moe
$000
_
C uner ShpP 8(LPS � __ $0.00 $5000 _ MOO S0,00 $000 S5000
Dliscell nun Expenses 5000 S1UO Op $0W SO.00 I$090 f100.00
_..
Subtotal LYp eaS--------__.--
- sISro.Do sjm.00 $o.olir $D.00 $o oo s3oo.o0
Snnaunt 1 - -- - so.40 I - so.00 _ - $D.00 so.00 1 so—moTso.oll
s15.oD --'-
loi nwx nE.paasea, sabrommnor sis.ali( - sa.oa so.00 $o oil s3o.00
R2 E at . (F cld d 01T -
$IiIMI leagge;
R2Cmp ve I w$O / Ic 380mi $000 $21HUU $000 $U 00 SON $218.00
ona Iq p t. _
Conn utu GIS,CAD;$lohour
_ S000
l_
s6a0,00
-.
$0 on
$1,000,00
g4o4oO
SO.00
Comes hl (JI l] $0.20/ae _
Co cs b/ 8121p; SO IOp e
eC-812I$I_ -
PI tls(c l')$/9ft
y2500
$2500
$2500
$2500
$0.00
$0,00
S600
8000
$SO.UO
S50.00
so00
_
$000
$1,On
00
$0
$00
5
SO to
$ 50,00
Um
Wee
_..W
6ublotnl R2L ni meat Ctflgc$
_
$]00.00
S]18.00
5600.00
$0.00
$000
$1,418.00
PROJECTTOTA
Zn[nI ODCa$ _ _
Total Labor Cua[a$
_
5265.00 AR83.00 _
_ 518268.00 SI8,09 Y.00
$600.00
$I,948.00
%9J,SY1.011
$U.(10
$4,486.00
SILOU
S25,360.00
$8,360_.00
TO"[Al. COSTSS
$I8,533.00 $18,980.00 $25,9fi0.00 S4,J86.00
$g,360.00
$96.319.00
R2 Resource Consultants, Inc. 8 June 8, 2015
*:/:1436i-3
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:
Automobile Liabilitv 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 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 City shall be named as an
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.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
Automobile Liabilitv 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 $1,000,000 products -completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
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:
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.
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.
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 ANII.
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 Contractor 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.
KEN ���� �
'Mnvvin is u,Y fJm
TO: City Council
DATE: July 21, 2015
Agenda Item: Consent Calendar — 7F
SUBJECT: Grandview Apartments Slope Easement and Staging Area License
Agreement — Authorize
MOTION: Authorize the Mayor to execute all necessary documents to grant
a slope easement and temporary license agreement on city property
adjacent to the Grandview Apartments, LLC development for grading and
staging area purposes.
SUMMARY: Permits are currently under review by the City for a 261-unit apartment
complex called Grandview Apartments, located at the northwest corner of Veterans Drive
and Riverview Boulevard. The property was recently sold by the City to DevCo, Inc. as
surplus property remaining from the 228th Corridor road project.
In order to construct the apartment development on this sloped property, a significant
amount of grading is necessary. A small amount of grading needs to extend onto a
separate City -owned property (parcel #1522049173) adjacent to and north of the
Grandview site in order to avoid construction of a large unsightly wall. Accordingly,
Grandview Apartments, LLC is requesting a slope easement from the City to allow grading
on the City -owned parcel referenced above, which contains a pedestrian path connecting
to the Grandview Dog Park. The proposed grading will not impact the path and the Parks
Department is aware of the proposal.
Additionally, Grandview Apartments, LLC has requested a temporary license agreement to
use another City -owned parcel south of Veterans Drive (parcel #1522049170) during
construction (two years) for staging of construction equipment and employee vehicles.
EXHIBITS: 1) Slope Easement with Exhibits A, B and C
2) Staging Area License Agreement with Exhibits A, B, C and D
RECOMMENDED BY: Public Works Committee on July 20, 2015
YEA: N/A NAY: N/A
BUDGET IMPACT: The payment to the City for the slope easement will be
$14,832.09 and the license fee for the staging area will be $2,888.35 per month.
This page intentionally left blank.
WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: City of Kent, a Washington municipal corporation
Grantee: Grandview Apartments, LLC, a Washington limited liability company
Abbreviated Legal Description: Southwest Portion of Parcel 1522049173
Additional Legal Description: As described in Exhibits "A" and "B" and depicted in
Exhibit "C" of this Document.
Assessor's Tax Parcel ID No. 1522049173
Project: Grandview Apartments
SLOPE EASEMENT
In consideration of Grantee's payment of fourteen thousand eight hundred thirty
two and 09/100 dollars ($14,832.09), mutual benefits derived, and/or other
valuable consideration, receipt of which Grantor and Grantee acknowledge, the City
of Kent, a Washington municipal corporation ("Grantor'), conveys and quit claims
to Grandview Apartments, LLC., a Washington limited liability company ("Grantee"),
and its successors and assigns, a Slope Easement with necessary appurtenances,
for the construction, maintenance, extension, reconstruction and repair of slopes,
cuts and fill, over, under, through, across and upon the following described real
property, situated in Kent, King County, Washington, but only to the extent
necessary for the development and maintenance of the Grandview Apartments:
GRANTOR'S PROPERTY THAT IS SUBJECT TO THE EASEMENT IS DESCRIBED
IN EXHIBIT -A,- ATTACHED.
THE EASEMENT AREA IS DESCRIBED IN EXHIBIT "B" ATTACHED.
A DRAWING INDICATING THE EASEMENT AREA IS ATTACHED FOR
ILLUSTRATIVE PURPOSES ONLY AS EXHIBIT "C" ATTACHED.
Slope Easement Page 1 of 4
Grantee shall at all times exercise its easement rights in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any public
authority having jurisdiction. Grantee accepts the easement area in its present
physical condition, AS IS. Grantee does hereby release, indemnify and promise to
defend and save harmless Grantor from and against any and all liability, loss,
damage, expense, actions and claims, including costs and reasonable attorneys'
fees incurred by Grantor in connection with the grant of this easement, arising
directly or indirectly from, on account of, or out of the wrongful or negligent
exercise of these easement rights by Grantee, its servants, agents, employees and
contractors.
This Slope Easement shall be a covenant running with the land, and shall
bind Grantor's successors and assigns and all future owners of the real property
affected by this easement.
Dated this day of , 2015.
:e► •:
By:
Its:
GRANTEE:
By:
Its:
Notary Acknowledgements Appears on Next Page
Slope Easement Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor 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:
-Notary Seal Must Appear Within This 8ox-
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 Washington, residing at
My appointment expires
Slope Easement Page 3 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
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 Washington, residing at
My appointment expires
APPROVED AS TO FORM
City Attorney
P'. \CINnFl l esVOpen Ries\1811GFandvlew\Slope Easement Forth. doc:
Slope Easement Page 4 of 4
1C1:1I:311e1
Description of City of Kent Parcel 1522049173, New Parcel 3 of City of
Kent Record of Survey, Recording No. 20130109900002
That portion of the northwest quarter of Section 15, Township 22 North, Range 4 East,
Of the W.M., in King County, Washington, described as follows:
Commencing at the northwest corner of Tract R, of City of Kent Lot Line Adjustment
Number LL-99-13 as recorded under King County Recording Number 19991123900003;
thence S89°42'51"W, along the north line of said Tract R, 56.57 feet to the True Point of
Beginning of the herein described Tract, thence S17°17'08"E 250.35 feet to a point of
tangency with a 1969.00 foot radius, circular curve to the right, thence southerly, along
said curve, through a central angle of 12°42'34" an arc distance of 471.13 feet to a point
of tangency; thence S03034'34"E 283.76 feet to a point of tangency with a 2431.00 foot
radius, circular curve to the left, thence southerly, along said curve, through a central
angle of 00006'47", an arc distance of 4.80 feet to the north line of the south 1000.00
feet of the northwest quarter of said section 15, thence N89051'29"W, along said north
line, 164.04 feet to a point on the west line of aforesaid Tract R, thence along the
boundary of said Tract R the following eight courses and distances; thence N03051'20"E
4.56 feet; thence N50008'40"w 158.37 feet; thence S75051'20"W 110.56 feet, thence
N00005'40"W 93.00 feet; thence N41012'28"E 208.83 feet; thence N89050'48"E 45.27
feet; thence N00°49'56"E 663.32 feet to the north line of said Tract R; thence
N89042'51"E 26.00 feet to the True Point of Beginning.
1C1:I10.11 a .01
Legal Description of Grading Easement within New Parcel 3, City of Kent
Record of Survey Recording No. 20130109900002
Commencing at City of Kent Control Point Number 8299 as shown on City of Kent
Record of Survey AFN 20130109900002, located in the southeast quarter of the
Northwest quarter of Section 15, Township 22 N, Range 4 E of the W.M., in King
County, Washington, located on the centerline of Riverview Blvd South, at the north
end of the overpass for South 231st St. Way; thence North 05028'23" West, along
the center line of said Riverview Blvd South a distance of 20.37 feet to the beginning
of a curve tangent to said line; thence continuing along said centerline northerly a
distance of 72.65 feet along the curve concave to the east, having a radius of
2400.00 feet and a central angle of 1044'04"; thence North 89051'29" West,
leaving said centerline a distance of 31.07 feet to the west margin of said Riverview
Blvd South thence North 89051'29" West, a distance of 103.76 feet to the True Point of
Beginning; thence North 60029'09" West, a distance of 44.47 feet; thence North
88043'03" West, a distance of 16.54 feet; thence North 25017'57" West, a distance of
59.90 feet; thence North 66045'19" West, a distance of 19.33 feet; thence North
79011'44" West, a distance of 39.96 feet; thence North 22017'52" West, a distance of
37.66 feet; thence North 68017'25" West, a distance of 30.49 feet; thence North
81029'16" West, a distance of 44.28 feet; thence North 42001'53" West, a distance of
17.74 feet; thence North 77036'15" West, a distance of 51.51 feet; thence South
68012'01" West, a distance of 10.45 feet; thence South 00057'11" East, a distance of
86.92 feet; thence North 75051'20" East, a distance of 116.69 feet; thence South
50008'40" East, a distance of 158.37 feet; thence South 03051'20" West, a distance of
4.56 feet; thence South 89051'29" East, a distance of 60.27 feet to the True Point of
Beginning. Containing 12,677 Square Feet, More or Less.
EXHIBIT C
Diagram of Grading Easement
CITY OF (CENT NEW
PARCEL 3, SURVEY
20130109900002
TAX PARCEL
1522049173
w L-Lao
nm G
�m
�69
N75 5 S 20
GRANDVIEW PROPERTY
(CENT LLE NO. LL-2015-5,
REVISED BY RECORD OF
SURVEY NO.20150622900002
N
W -I
E
S
NOT TO SCALE
903 '51'20' W
4.56'
LINE
BEARING
DISTANCE
L1
N35'28'23'W
20.37'
L2
N89'51'29"W
31.07'
L3
N60'29'0�9'W
44.47'
L4
NES'43'O33 W
16.54'
L5
N25'17'57"W
59.90'
L6
N66"45'19"W
19.33'
L7
N79'I1'44"F
39.96'
LB
N22'17'5�2"W
37.66'
L9
N68'17'25"W
30.49'
L10
N81'29'15"W
44.26'
L11
N42'01'53'W
17.74
L12
N77'36'15'W
51..51'
L13
SB8'12'01"W
174 �7
`B4—T.P.O.B
103,76 W ____
N89'5129 L2 �..
589 '51 29 "E
60.27' R=2400.00' Y
A=72.85' �� yl
CITY OF (CENT --
CONTROL POINT
#8299 r
This page intentionally left blank.
TEMPORARY LIMITED LICENSE AGREEMENT
FOR A CONSTRUCTION STAGING AREA
PARTIES
THIS TEMPORARY LIMITED LICENSE AGREEMENT FOR A CONSTRUCTION
STAGING AREA ("License") is between the CITY OF KENT, a Washington municipal
corporation ("City"), and Grandview Apartments, LLC, a Washington limited liability
company ("Licensee").
RECITALS
1. Licensee seeks to construct a multi -family apartment development,
located approximately at 3900 Veterans Drive, Kent, Washington, 98032.
2. Licensee has requested that the City grant a permit to use City
property to temporarily store materials and equipment for staging purposes during
Licensee's construction of the Grandview Apartments development.
3. The City has agreed to issue this license.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. In consideration of payment of $2,888.35 per
month until this License is terminated, and for mutual benefits derived and other
valuable consideration receipt of which is hereby acknowledged by the City and
Licensee, the City grants this License ("License") for a period of two years from the
Effective Date (the "Term") for Licensee's use to temporarily store materials and
equipment for staging purposes during Licensee's construction of the Grandview
Apartments development across and upon a portion of the City's property located
on King County parcel number 1522049170, described in Exhibit A ("Property")
and approximately shown in Exhibit B and Exhibit C. This License is subject to all
the terms and conditions established below.
2. Damage to Property and Restoration. Licensee will repair any
damage to the Property caused by Grantee arising from or in any way connected to
the Grantee's use of the Property. Upon revocation, termination, or expiration of
this License, Licensee will restore, at Licensee's sole cost and expense, the Licensed
Area to its original condition prior to the issuance of the License. This restoration
obligation will survive the expiration of this License.
LIMITED LICENSE
(between City of Kent and Grandview Apartments, LLC)
Page 1 of 6 (plus Exhibits A through D)
3. Revocation and Termination. This License affects a valuable
property interest owned by the City. This License does not grant an estate in the
Property; it is not an easement; it is not a franchise; it is not exclusive; and it does
not exclude the City from full possession of the Property. As a License upon real
property, it is revocable at the will of the City. However, prior to the City's
termination or revocation, the City will provide Licensee with at least fifteen
calendar days' written notice of termination or revocation. Licensee must remove
all equipment, materials, and debris and restore the Licensed Area, unless the City
and Licensee agree, in writing, otherwise. If Licensee fails to remove the
Improvements within the allotted time, the City may remove all or part of the
Improvements, restore the Licensed Area, and Licensee will compensate the city, all
costs of the removal and restoration, within forty-five calendar days from the date
the city submits to Licensee an accounting of costs incurred. Licensee waives any
right it may have to any claim for damages of any kind incurred as a result of the
City's removal of all or part of the Improvements.
4. Permits Required. The City's grant of this License does not release
Licensee from any of its obligations to obtain applicable local, state and federal
permits necessary to install, construct, use and inspect the Grandview Apartments.
Licensee's failure to comply with this Section 4 will constitute grounds for
immediate revocation by the City. The consideration in Section 1 is in addition to
any fees required for applicable local, state and federal permits.
S. Maintenance. Licensee will maintain the Property in a clean, well -
kept, orderly condition to the satisfaction of the City.
6. Emergency. In the event of any emergency in which any portion of
the Property becomes an immediate danger to the property, life, health or safety of
any individual, Licensee will immediately take the proper emergency measures to
remedy the dangerous condition without first applying for and obtaining a permit as
required by this License. However, this emergency work will not relieve Licensee
from its obligation to obtain all permits necessary for this purpose, and Licensee will
apply for those permits within the next two succeeding business days.
7. Indemnification. Licensee will comply with the following
indemnification requirements:
7.1 Licensee will defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
except to the extent caused by the sole negligence of the City, its employees,
agents, contractors, or invitees.
LIMITED LICENSE
(between City of Kent and Grandview Apartments, LLQ
Page 2 of 6 (plus Exhibits A through D)
7.2 The City's inspection or acceptance of any of Licensee's work
when completed will not be grounds to avoid any of these covenants of
indemnification.
7.3 These indemnification obligations will extend to any claim,
action or suit that may be settled by compromise, provided that Licensee will not be
liable to indemnify the City for any settlement agreed upon without the consent of
Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee will indemnify and hold the City harmless as provided for in this Section 7
by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties, Licensee will indemnify the City regardless of
whether the settlement of those claims is made with or without Licensee's consent.
7.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 7 and if
Licensee's refusal is subsequently determined by a court having jurisdiction (or
other tribunal that the parties will agree to decide the matter) to have been a
wrongful refusal, then Licensee will pay all the City's costs for defense of the action,
including all reasonable legal costs, witness fees, and attorney fees and also
including the City's costs, including all legal costs, witness fees and reasonable
attorney fees, for recovery under this Section 7, indemnification clause.
7.5 The provisions of this Section 7 will survive the expiration or
termination of this License.
S. Insurance. Licensee will procure and maintain for the duration of this
License, insurance of the types and in the amounts described in Exhibit D, attached.
9. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
10. Assignment. Licensee will not assign all or any portion of its rights,
benefits, or privileges, in and under this License without prior written approval of
the City, which approval will not be unreasonably withheld or delayed.
11. Compliance with Laws. Licensee will comply with all federal, state
and local laws, rules and regulations that are applicable to this License.
12. Venue and Jurisdiction. This License will be construed in
accordance with the laws of the State of Washington. Venue and jurisdiction for the
resolution of disputes will be in the Superior Court for King County, Washington. In
the event of claim or litigation regarding the enforcement of the terms of this
License, each party will be responsible for its own legal costs and attorney fees
except as noted in Section 7.
LIMITED LICENSE
(between City of Kent and Grandview Apartments, LLQ
Page 3 of 6 (plus Exhibits A through D)
13. Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted, will be in writing and will be
deemed to have been given when sent by registered or certified mail, return receipt
requested, to the addresses listed below for each party, or to another person or
address as either party will designate to the other party in writing:
CITY:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
With a copy to:
Economic and Community
Development Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032
LICENSEE:
Grandview Apartments, LLC
Attn: Evan Hunden
10900 NE 8th St., Ste. 1200
Bellevue, WA 98004
14. No Waiver of Rights. Nothing in this License will constitute a waiver
of either party's right to challenge any portion of the License that is not in
accordance with applicable federal, state and local laws.
15. Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
16. Entire Agreement and Effective Date. This License contains the
entire agreement between the parties and, in executing it, the City and Licensee do
not rely upon any statement, promise, or representation, whether oral or written,
not expressed in this License. This License will be effective upon the last day
executed below ("Effective Date").
LIMITED LICENSE
(between City of Kent and Grandview Apartments, LLC)
Page 4 of 6 (plus Exhibits A through D)
CITY OF KENT
By:
Print Name:SUZETTE COOKE
Its: Mayor
Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
LICENSEE
By:
Print Name:
Its:
Date:
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LIMITED LICENSE
(between City of Kent and Grandview Apartments, LLQ
Page 5 of 6 (plus Exhibits A through D)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she is authorized to
execute the instrument on behalf of as its
, and such execution to be the free and voluntary act of such party for the
uses and purposes mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P, lTilesapmFilesUS11—F�a�� m®og��icm=eao=
LIMITED LICENSE
(between City of Kent and Grandview Apartments, LLQ
Page 6 of 6 (plus Exhibits A through D)
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 15, FROM WHICH POINT
THE NORTHWEST CORNER OF SAID SECTION BEARS N01°11'50"E 2627.97 FEET DISTANT,
AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS
S01°19'30"W 2629.88 FEET DISTANT; THENCE S89"51'29"E, ALONG THE EAST WEST
CENTER OF SECTION LINE OF SAID SECTION 15, A DISTANCE OF 897.78 FEET; THENCE
N24°44'16W 53.27 FEET; THENCE N20°12'27"E 43.80 FEET TO A POINT ON A 1340.00
FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF
SAID CURVE BEARS N24"42'56"W; THENCE NORTHEASTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 02023'08" AN ARC DISTANCE OF 55.79 FEET TO A
POINT OF TANGENCY; THENCE N62°53'56"E 355.76 FEET TO A POINT OF TANGENCY
WITH A 1960.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE
NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10"00'58" AN
ARC DISTANCE OF 342.64 FEET; THENCE S65°09'41" E 22.56 FEET TO A POINT ON A
1945.00 FOOT CIRCULAR CIRVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF
CURVE BEARS S16°35'26"E AND THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT OF LAND; THENCE EASTERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 11-07-22", AN ARC DISTANCE OF 377.58 FEET; THENCE SO5°28'04"E
7.00 FEET; THENCE N84°31'56"E 332.00 FEET; THENCE S73°00'00"E 61.09 FEET TO A
POINT ON A 192.00 RADIUS CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE
CENTER OF SAID CURVE BEARS N72'44'58"E; THENCE SOUTHEASTERLY, ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 70°01'18", AN ARC DISTANCE OF 234.64 FEET
TO A POINT OF REVERSE CURVATURE AND THE BEGINNING OF A 35 FOOT RADIUS,
CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHEASTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 81047'57", AN ARC DISTANCE OF 49.97 FEET TO A
POINT OF TANGENCY; THENCE S05°28'23" E 313.25 FEET TO THE EAST WEST CENTER OF
SECTION LINE OF SAID SECTION 15; THENCE N89°51'29"W, ALONG SAID CENTER
SECTION LINE, 392.47 FEET; THENCE N23°56'42"W 163.36 FEET TO A POINT THAT BEARS
S65009'41"E FROM THE TRUE POINT OF BEGINNING; THENCE N65°09'41"W 592.96 FEET
TO THE TRUE PONT OF BEGINNING.
CONTAINING APPROXIMATELY 280,027 SQUARE FEET OR 6.4285 ACRES, MORE OR LESS.
ge I.FF, ®® S'ama 21,
EXHIBIT C
dim
EXHIBIT D
INSURANCE REQUIREMENTS FOR
LIMITED LICENSE AGREEMENT
Insurance
GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW APARTMENTS, LLC, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
GRANDVIEW APARTMENTS, LLC shall obtain insurance of the types described
below:
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.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 or a substitute form providing
equivalent liability coverage. Coverage shall cover liability
arising from premises, operations, independent contractors
and personal injury and advertising injury. The City shall be
named as an Additional Insured under the GRANDVIEW
APARTMENTS, LLC's Commercial General Liability insurance
policy with respect to the work performed for the City.
Excess Liability insurance covering both the Commercial
General Liability and Automobile policies.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
GRANDVIEW APARTMENTS, LLC shall maintain the following minimum
insurance limits:
Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
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 D (Continued)
3. Excess Liability insurance shall be written with limits no less
than $2,000,000 per occurrence and $2,000,000 aggregate
in excess of the CGL policy cited above.
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:
1. GRANDVIEW APARTMENTS, LLC's insurance coverage shall be
primary insurance as respects the City. Any insurance maintained
by the City shall be excess of GRANDVIEW APARTMENTS, LLC's
insurance and shall not contribute with it.
2. GRANDVIEW APARTMENTS, LLC 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 as respects work performed by or on behalf of GRANDVIEW
APARTMENTS, LLC 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. GRANDVIEW APARTMENTS, LLC'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. GRANDVIEW APARTMENTS, LLC's Insurance For Other Losses
GRANDVIEW APARTMENTS, LLC shall assume full responsibility for all loss or
damage from any cause whatsoever to any tools, employee owned tools,
machinery, equipment, or motor vehicles owned or rented by GRANDVIEW
APARTMENTS, LLC, or GRANDVIEW APARTMENTS, LLC's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective
fences.
E. Waiver of Subrogation
GRANDVIEW APARTMENTS, LLC and the City waive all rights against each
other any of their Subcontractors, Sub -subcontractors, agents and
employees, each of the other, for damages caused by fire or other perils to
the extend covered by Builders Risk insurance or other property insurance
obtained pursuant to the Insurance Requirements Section of this Agreement
or other property insurance applicable to the work. The policies shall provide
such waivers by endorsement or otherwise.
EXHIBIT D (Continued)
F. Verification of Coverage
GRANDVIEW APARTMENTS, LLC 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 Automobile
Liability, Commercial General Liability and/or Excess insurance, of the
GRANDVIEW APARTMENTS, LLC before commencement of the work.
G. Subcontractors
GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW
APARTMENTS, LLC.
KEN ���� �
'Mnvvin is u,Y fJm
TO: City Council
DATE: July 21, 2015
Agenda Item: Consent Calendar — 7G
SUBJECT: Multifamily Tax Exemption Code Amendment Ordinance - Adopt
MOTION: Adopt Ordinance No. , amending Section 3.25.040 of
the Kent City Code relating to the project eligibility requirements and
entitled "Multifamily Dwelling Tax Exemptions."
SUMMARY: Kent's Multi -family Tax Exemption (MFTE) program is an incentive to
encourage development of downtown housing. Based on interest from
Councilmembers, staff has prepared an updated ordinance that will limit eligible
projects to those that do not receive financial assistance from other government
sources. Other minor clarifying edits are also included.
The MFTE program allows owners of qualified downtown multifamily projects to avoid
paying some of the increased property taxes resulting from their development
projects. The general goal of this incentive program is to stimulate new construction of
multifamily housing in downtown Kent. The program is made possible by an allowance
in state law (ref. RCW 84.14) and was first adopted by Kent in 1998, expanded in
2009 and renewed in 2014.
Property taxes are based on both the value of the land and the value of the
improvements. Normally, when a new construction project is completed, the value of
the new improvements results in a higher property tax for the owner. The MFTE
exempts owners of qualifying projects from paying the additional taxes derived from
the value of the new improvements for eight (8) years after the project is completed.
The exemption is not applied to the land value. Once the exemption period expires,
the owner resumes paying taxes, on the current value of the land, plus improvements.
The proposed new ordinance adds a provision that would disqualify a project from
Kent's MFTE program if construction is aided by other government financial incentives,
tax credits, or grants. Other requirements for qualification are summarized below.
• The project must be located within downtown Kent bordered generally by Titus
Street, State Route 167, Willis Street, and Cloudy Street.
• Any displaced tenants must be given adequate notification and assistance from the
developer in finding alternative housing.
• The project must include at least thirty units of new multifamily housing within a
multi -story development. At least fifty percent of the space within the project shall
be intended for permanent residential occupancy.
• Construction must be completed within three years from the date of approval of
the application.
• The project must comply with the City's comprehensive plan, construction and
design codes, must be LEED@ certifiable or Built Green certified, and must also
comply with any other standards and guidelines adopted by the City Council for the
residential targeted area.
Agenda Item: Consent Calendar — 7G (cont.)
• Parking shall be located in structured parking garages, under buildings, or
underground.
• For buildings adjacent to a class A pedestrian street (such as Meeker Street), the
first floor of the building facing the street shall consist of residential units,
commercial uses, and/or residential amenity uses.
• The project shall be a mixed use project, or part of a mixed use project.
Other minor edits are also included in the updated ordinance. These changes clarify
the language of the original ordinance.
EXHIBITS: Ordinance
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios, Boyce, Higgins NAY:
BUDGET IMPACT: None
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
3.25.040 of the Kent City Code relating to the
project eligibility requirements of Chapter 3.25
entitled, "Multifamily Dwelling Tax Exemptions."
RECITALS
A. The city of Kent's Multi -family Tax Exemption (MFTE) program
is an incentive to encourage development of downtown housing.
B. The MFTE program allows owners of qualified downtown
multifamily projects to avoid paying some of the increased property taxes
resulting from their development project.
C. The general goal of this incentive program is to stimulate new
construction of multifamily housing in downtown Kent.
D. The program is made possible by an allowance in Chapter
84.14 RCW and was first adopted by Kent in 1998, and renewed in 2014.
E. The state enabling legislation allows cities to establish criteria
to determine what projects qualify for the incentive.
1 Amend KCC 3.25.040
Project Eligibility for Multifamily
Dwelling Tax Exemptions
F. Most development projects are able to apply for subsidies that
are made available by governmental and other agencies to promote a
range of goals, typically related to housing affordability or energy
efficiencies.
G. Through the MFTE, the City incentivizes development by
forgoing tax revenue for a period of time; however, members of the City
Council have expressed interest in adding a provision that would prevent
this incentive from being used in combination with other governmental
incentive programs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 3.25.040 of the Kent City
Code, entitled "Project eligibility," and related to multifamily dwelling tax
exemptions, is amended as follows:
Sec. 3.25.040. Project eligibility. A proposed project must
meet the following requirements for consideration for a property tax
exemption:
A. Location. The project must be located within the designated
residential targeted area as defined in KCC 3.25.020,, ^T
If anv portion of a legally
created lot is within the residential targeted area, then the entire lot shall
be deemed to lie within the residential targeted area.
2 Amend KCC 3.25.040
Project Eligibility for Multifamily
Dwelling Tax Exemptions
B. Tenant displacement. Prior to approval of an application under KCC
3.25.060, the applicant shall provide the administrator with documentation
satisfactory to the administrator of the following:
1. All tenants of residential rental structures on the project site
have been notified per state statute of the termination of their tenancy;
2. The applicant's efforts to refer tenants to similar, alternative
housing resources; and
3. Any other actions the applicant has taken to minimize the
hardship on tenants whose tenancies will be terminated by the proposed
rp oiect.
C. Size.
The project must include at least thirty
{3&)—units of new
multifamily
housing within a
multi -story development.
At least fifty {59j
percent of
the space within
the proposed project shall
be intended for
permanent residential occupancy.
D. Proposed completion date. New construction of multifamily housing
must be completed within three years from the date of approval of the
application.
E. Compliance with guidelines and standards. The project must be
designed to comply with the city's comprehensive plan, building, fire,
housing, and zoning codes, downtown design review guidelines,
multifamily design review, mixed use design review if applicable, and any
other applicable regulations. The project must be LEED° certifiable as
confirmed by a LEED° certified independent third party reviewer or must
3 Amend KCC 3.25.040
Project Eligibility for Multifamily
Dwelling Tax Exemptions
be Built Greent`° certified, and must also comply with any other standards
and guidelines adopted by the city council for the residential targeted area.
F. Parking. All required residential parking shall be located in
structured parking garages, under buildings, or underground.
G. Class A pedestrian street. For buildings adjacent to a class A
pedestrian street, as established pursuant to the city of Kent downtown
design guidelines, the first floor of the building facing the street shall
consist of residential units, commercial uses, andieFresidential amenity
uses, or any combination thereof.
H. Mixed use development. The project shall be a mixed use project,
unless the mixed use component is waived by the administrator.
1. The purpose of the mixed use requirement is to implement
the intent of the land use district, maximize the efficient use of land,
support transit use, and encourage the development of well-balanced,
attractive, convenient, and vibrant urban residential neighborhoods. The
additional use excludes any accessory functions related to the residential
use. Unless otherwise modified or waived in writing by the administrator,
the nonresidential mixed use shall occupy at a minimum the ground floor
along the street frontage with a depth of at least thirty {3&)—feet for any
building in the project. The administrator may not modify or waive the
mixed use requirement, as provided in subsection (H)(2) of this section, in
the DC zoning district, which is governed by KCC 15.04.030(4) and (5).
2. The administrator may waive the mixed use requirement for
the purposes of this chapter, if the applicant can demonstrate that mixed
use development is impractical or infeasible due to the following factors:
4 Amend KCC 3.25.040
Project Eligibility for Multifamily
Dwelling Tax Exemptions
lot(s);
a. Size or other physical characteristic of the project's
b. Project site is not conducive to commercial use;
C. Classification of street(s) abutting the project; or
d. Other similar type of circumstance that makes mixed
use impractical for the project.
I. Use of existina financial incentive proarams. The proiect shall not
be eligible for exemption under this chapter if its construction is being
aided in whole, or in part, by any local, state or federal financial incentives,
tax credits, or other arant fundina proarams.
SECTION 2, — Severabilitv. 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
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
5 Amend KCC 3.25.040
Project Eligibility for Multifamily
Dwelling Tax Exemptions
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 2015.
APPROVED: day of , 2015.
PUBLISHED: day of
2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
F AC vII\0,J,nznre\325. 040 MWfifam I I Y Tzx Fmlep EII9ILIIIb. Low
(SEAL)
RONALD F. MOORE, CITY CLERK
6 Amend KCC 3.25.040
Project Eligibility for Multifamily
Dwelling Tax Exemptions
KENT rN��,
TO: City Council
DATE: July 21, 2015
Agenda Item: Consent Calendar - 7H
SUBJECT: Critical Areas Ordinance and Flood Hazard Regulations Ordinance - Adopt
MOTION: Adopt Ordinance No. amending Chapter 11.06 KCC,
Critical Areas Ordinance, and Ordinance No. amending Chapter
14.09 KCC, Flood Hazard Regulations.
SUMMARY: The City is scheduled to complete an update to the Kent Comprehensive Plan
as required by the State of Washington Growth Management Act (GMA). GMA also
requires the City to review and update as necessary its Critical Areas Ordinance (CAO) to
be consistent with best available science. All development regulations, including the CAO
and Flood Hazard Regulations, must be consistent with the Comprehensive Plan. After
holding a public hearing on April 13th & June 8th, the Land Use & Planning Board
recommended approval of the ordinances included in this packet.
The Economic and Community Development Department (then Planning Department)
initiated the code amendment to adopt the City's first critical areas ordinance. This
ordinance was then administered by the Public Works Department. For the 2015 update,
Public Works staff worked across various departments and with consultants to make
necessary changes to the CAO and Flood Hazard Regulations in accordance with state and
federal law as well as best available science. There are also edits which improve the clarity
of specific definitions and simplify the process of administering the code. New
administration of the code will be the responsibility of the Economic and Community
Development Department, who will continue working collaboratively with other
departments to affect future updates.
The CAO protects critical or environmentally sensitive areas: wetlands, fish and wildlife
habitat areas (including streams), geologic hazard areas, aquifer recharge areas, and
frequently flooded areas as regulated under KCC 14.09 (Flood Hazard Regulations).
EXHIBITS: Ordinances (2)
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios, Boyce, Higgins NAY:
BUDGET IMPACT: None
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 11.06
of the Kent City Code, entitled "Critical Areas."
RECITALS
A. Pursuant to the state Growth Management Act, Chapter
36.70A RCW (GMA), the city of Kent ("City") hereby amends its critical
areas ordinance ("CAO"). This ordinance is the product of extensive
study, review and evaluation of the City's development regulations to
identify and protect the functions and values of critical areas as required
under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900.
The CAO has been updated to comply with state law, federal law, and best
available science. The City has identified, collected and assessed the
available scientific information offered by staff, by the City's environmental
consultants, by state agency representatives, and by the public in order to
interpret the nature, scope, and application of best available science to
protect the functions and values of the City's critical areas, which exist in a
highly complex, natural, and built urban environment.
B. Throughout this process, the City's intent has been to
develop and implement a comprehensive, balanced, and fair regulatory
program that requires avoidance, minimization, and mitigation of critical
areas and their buffers, in that order of preference, by anyone whose
1 KCC 11.06
Critical Areas
Ordinance
activities affect critical areas. To that end, the City also desires to protect
the public from injury, loss of life, or loss of property or other financial
impact, to the extent reasonably possible.
C. On August 4, 2014, staff made a presentation to the Public
Works Committee to discuss the update to the CAO by June, 2015, as
required by the Growth Management Act. Staff further discussed that the
update process is required to include best available science, as well as
compliance with state, regional and local mandates.
D. On August 11, 2014, the Land Use and Planning Board
("LUPB") held a workshop to discuss the update to the Kent
Comprehensive Plan, including the CAO update element of the plan;
compliance with state, regional and local mandates; the proposed
timeline; and public outreach activities.
E. On November 24, 2014, the LUPB held a workshop to
generally discuss the update CAO process, best available science rule, and
timeline.
F. On February 9, 2015, the LUPB held a workshop to discuss
preliminary findings from the best available science recommendations,
comments from staff and the public, and draft regulations.
G. On February 12, 2015, the City provided the required sixty
day notification under RCW 36.70A.106 to the Washington State
Department of Commerce ("Department") for the City's proposed CAO.
Comments from the Department were received and considered.
2 KCC 11.06
Critical Areas
Ordinance
H. On March 16, 2015, the City received comments on the CAO
update from the Washington State Department of Ecology. These
comments were also considered.
I. On April 3, 2015, the City conducted and completed
environmental review under the State Environmental Policy Act (SEPA),
issuing an Addendum to its Comprehensive Plan Environmental Impact
Statement (EIS).
J. On April 13, 2015, the LUPB held a public hearing on the
draft CAO and recommended updating Chapter 11.06 KCC, accordingly.
K. Staff made a presentation to the Public Works Committee on
April 20, 2015, on the recommended revisions to the CAO.
L. Following certain substantive changes by staff to the
proposed ordinance, the LUPB held a second public hearing regarding the
revised CAO on June 8, 2015, and recommended passage of the revised
ordinance.
M. Staff made a presentation regarding the revised CAO to the
Economic and Community Development Committee at its meeting on July
13, 2015, and the Committee voted to forward its recommendations to the
full City Council.
N. At its regularly scheduled meeting on July 21, 2015, the City
Council considered the recommendations and voted to adopt the proposed
amendments to the CAO.
3 KCC 11.06
Critical Areas
Ordinance
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Chapter 11.06 of the Kent City Code is
hereby amended as follows:
Article I. Procedural and Administrative Provisions
Sec. 11.06.010. Title. This chapter shall be hereinafter known as
the city of Kent critical areas code.
Sec. 11.06.020. Purpose and intent.
A. The city of Kent contains numerous areas that can be identified and
characterized as critical OF enviFenngentally sensitive. Such areas within the
city include wetlands, streams, wildlife and fisheries habitat, geologic
hazard areas, frequently flooded areas, and critical aquifer recharge areas.
B. The city finds that these critical areas perform a variety of valuable
and beneficial biological, physical and economic functions that benefit the
city and its residents. Alteration of certain critical areas may pose a threat
to public safety, private property, and the environment. The city finds,
therefore, that identification, regulation, and protection of critical areas is
necessary to protect the public health, safety, and general welfare. The
city further finds that the functions of critical areas, and the purpose of
these regulations, include the following:
4 KCC 11.06
Critical Areas
Ordinance
1. Wetlands. Wetlands perform a variety of functions that
include maintaining water quality; storing and conveying storm water and
floodwater; recharging groundwater; providing important fish and wildlife
habitat; and providing areas for recreation, education, scientific study, and
aesthetic appreciation.
Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient, and toxic pollutants; provide shading to
maintain desirable water temperatures; provide habitat for wildlife; and
protect wetland resources from harmful intrusion.
The primary goals of wetland regulation are to avoid wetland impacts; to
achieve no net loss of wetland function and value,
censodeFed on achieving the eveFall '; to provide levels of protection
that reflect the sensitivity of individual wetlands and the intensity of
proposed land uses; and to restore }or enhance existing wetlands,
where possible.
The city of Kent's program for wetland protection is a combination of
regulatory and nonregulatory programs designed to collectively provide for
protection of wetland functions and values in a manner which is consistent
with best available science and the other goals and objectives of the
Growth Management Act, Chapter 36-7.70A RCW.
Protection of the water quality and hydrologic functions of wetlands is
accomplished in Kent by a combination of storm water management
controls (including both water quality controls and flow controls) regulated
pursuant to Chapters.- 6.02, 7.07, and 7.14 KCC, and wetland buffers
imposed pursuant to this chapter. Taken together these programs will
5 KCC 11.06
Critical Areas
Ordinance
provide adequate water quality and hydrologic protection to meet best
available science requirements.
2. Fish and wildlife habitat conservation areas.
a. Streams and their associated riparian corridors provide
important fish and wildlife habitat, including habitat for threatened and
endangered species; help maintain water quality; store and convey storm
water and floodwater; recharge groundwater; and serve as areas for
recreation, education, scientific study, and aesthetic appreciation. Stream
buffers serve to moderate storm water runoff volume and flow rates;
reduce sediment, chemical nutrient, and toxic pollutants; provide shading
to maintain desirable water temperatures; provide habitat for wildlife; and
protect stream resources from harmful intrusion.
The primary goals of stream regulation are to avoid or otherwise mitigate
significant impacts to streams and associated riparian corridors; to protect
threatened and endangered species; to protect water quality through
appropriate management techniques; and, where possible, to provide for
stream enhancement and rehabilitation.
b. Wildlife habitat provides opportunities for food, cover,
nesting, breeding, and movement for fish and wildlife within the city;
maintains and promotes diversity of species and habitat within the city;
integrates habitat protection with elements of the city's open space
system; helps maintain air and water quality; helps control erosion; serves
as areas for recreation, education, and scientific study and aesthetic
appreciation.
6 KCC 11.06
Critical Areas
Ordinance
The primary goals of wildlife habitat regulations are to identify and protect
fish and wildlife habitat; to avoid impacts to critical habitats for fish and
wildlife; to implement the goals of the Endangered Species Act; to promote
connectivity between habitat areas to allow for wildlife movement; to
provide multi -purpose open space corridors; and where possible to
enhance and rehabilitate wildlife habitat.
3. Geologic hazard areas. Geologic hazard areas include lands
characterized by geologic, hydrologic, hydrogeologic, topographic and
vegetative conditions that render them susceptible to varying degrees of
risk e€from landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property; to regulate land uses where
necessary; and to conduct appropriate levels of analysis to ensure sound
engineering and construction practices to address, mitigate, and
potentially avoid identified hazards.
4. Critical aquifer recharge areas. Aquifer recharge areas provide
a source of potable water and contribute to stream discharge/flow during
periods of low flow. The city finds that certain locations are susceptible to
contamination of water supplies by infiltration of pollutants through soil to
groundwater aquifers.
The primary goals of aquifer recharge regulations are to protect critical
aquifer recharge areas and groundwater quality by avoiding or limiting
land use activities that pose potential risk of aquifer contamination; and to
minimize impacts to significant aquifer recharge areas through the
application of performance standards.
7 KCC 11.06
Critical Areas
Ordinance
5. Frequently flooded areas. Floodplains and other areas subject
to flooding perform important hydrologic functions and may present a risk
to persons and property. The primary goals of flood hazard regulations are
to limit the effects of flooding on human health and safety, and to protect
public facilities and services. The city of Kent's Flood Hazard Regulations,
located in Chapter 14.09 KCC, regulate activities within frequently flooded
areas in order to promote public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in the city, to
the extent reasonably possible.
S. Spec4fte Need hazard regulatiens. This section of the Kent Gity ,
and ether sections as ineeFPOFatedbyTeference, eentain standaFds
PFOcedUFes, EFiteFia, and FeqUiFengents intended to identify, analyze, and
reguiatiens is to aveid in9pacts to er+tiealaFeas. in aPPF0PFiate
consistent with the FeqUiFengents of this chapteF.
Sec. 11.06.030. Regulated activities.
A. The PFOVisiens This chapter shall apply to any regulated activity
that ^ate tia y--may affects a critical area or a potential critical area, or its
buffer, unless otherwise exempted by these regulations. Regulated activity
that takes place within an area shown as a critical area on the critical areas
inventory maps maintained by the department pursuant to KCC 11.06.050
raises a rebuttable presumption that the activity affects a potential critical
area or its buffer. This presumption may be overcome by information
Properly submitted by a qualified professional and confirmed by the
KCC 11.06
Critical Areas
Ordinance
department. Applicable activities aFe as fellewsinclude, but are not limited
to, the followina:
1. Removing, excavating, disturbing, or dredging soil, sand,
gravel, minerals, organic matter or materials of any kind.
2. Dumping, discharging, or filling with any material.
3. Draining, flooding, or disturbing the water level or water
table, or diverting or impeding water flow.
4. Driving pilings or placing obstructions.
5. Constructing, substantially reconstructing, demolishing, or
altering the size of any structure or infrastructure.
6. Destroying or altering vegetation through clearing, grading,
harvesting, shading, or planting vegetation that would negatively affect the
character of a critical area.
7. Activities that result in significant changes in water
temperature, physical or chemical characteristics of water sources,
including quantity and pollutants.
8. Any other activity potentially affecting a critical area or buffer
not otherwise exempt from the provisions of this chapter as determined by
the department.
9. The construction of new recreation trails within the
buffer;_
9 KCC 11.06
Critical Areas
Ordinance
Where a regulated activity would be partly within and partly outside
a critical area or its buffer, the entire activity shall be reviewed pursuant to
the requirements of this chapter.
B. To avoid duplication, all permits and approvals identified in Chapter..
12.01 KCC shall be subject to, and coordinated with, the requirements of
this chapter.
C. Nonproject actions, including but not limited to rezones,
comprehensive plan map amendments, annexations, and the adoption of
plans and programs, shall be subject to the FeclUiFengents of this chapter.
However, the department may, at its discretion,_ permit any studies or
evaluations required by this chapter to use methodologies and provide a
level of detail appropriate to the action proposed.
D. Activities within the Green River Nnatural Rresources Aarea shall be
subject to this chapter with the exception of activities allowed by
Resolution 922, adopted by the city of Kent in March 1981.
Sec. 11.06.040. Exemptions.
A. The following activities, when performed on sites containing critical
areas,_ or on sites that may affect critical areas, as defined by this chapter,_
shall be exempt from the P.O,•;sien . of these regulations:
10 KCC 11.06
Critical Areas
Ordinance
1. Conservation or preservation of soil, water, vegetation, fish,
and other wildlife that does not entail changing the structure or functions
of the critical area.
2. Existing and ongoing agricultural activities, as defined in this
chapter.
3. Activities involving artificially created wetlands or streams
intentionally created from nonwetland sites, including, but not limited to,
grass -lined swales, irrigation and drainage ditches, retention or detention
facilities, and landscape features, except wetlands or streams created as
mitigation or that provide critical habitat for anadromous fish.
4. Operation, maintenance, repair, and reconstruction of existing
structures, roads, trails, streets, utilities, and associated structures, dikes,
levees, or drainage systems; provided, that reconstruction of any facilities
or structures is not "substantial reconstruction," may not further encroach
on a critical area or its buffer, and shall incorporate best management
practices.
5. Normal maintenance, repair, and reconstruction of public,
residential,_ or commercial structures, facilities, and landscaping; provided,
however, that reconstruction of any structures-n=aydoes not increase itsthe
PFevietaspreexisting footprint;_
this chapteF aFe followed.
6. The addition of floor area within an existing building whe;that
does not increase the building footprint.
11 KCC 11.06
Critical Areas
Ordinance
7. Site investigative work and studies that are prerequisite to
preparation of an application for development including soils tests, water
quality studies, wildlife studies, and similar tests and investigations;
provided, however, that any disturbance of the critical area shr"must only
be the absolute minimum necessary to carry out the work or studies.
8. Educational activities, scientific research, and outdoor
recreational activities, including but not limited to interpretive field trips,
birdwatching, boating, swimming, fishing, and hiking, that will not have a
significant effect on the critical area.
9. The hHarvesting of wild crops and seeds to propagate native
plants in a manner that is not injurious to natural reproduction of such
crops, provided the harvesting does not require tilling of soil, planting
of crops, or alteration of the critical area by changing existing topography,
water conditions, or water sources.
10. Emergency activities necessary to prevent an immediate
threat to public health, safety, property, or the environment which requires
immediate action within a time too short to allow full compliance with this
chapter as determined by the department.
11. Development of lots vested afl-E{or legally created through a
subdivision, short subdivision, or other legal means and approved prior to
the effective date of the ordinance codified in this chapter^ provided the
division of land was for a specified use, and that the development is
consistent with that approved use.
12. Removal of invasive plants and planting of native vegetation
in wetlands, for in wetland or stream buffers,_ for the purpose of
12 KCC 11.06
Critical Areas
Ordinance
enhancing habitat values of these areas pursuant to an approved
mitigation plan.
13. Stabilization of sites where erosion or landsliding threatens
public or private structures, utilities, roadways, driveways, or publicly
maintained trails or where erosion or landsliding threatens any lake,
stream, wetland, or shoreline. Stabilization work shall be performed in a
manner which causes the least possible disturbance to the slope and its
vegetative cover. This activity shall be performed in accordance with
approved site stabilization plans.
14. Minor activities not mentioned above and determined in
advance and in writing by the director to have minimal impacts to a critical
area.
B. Notwithstanding the exemptions provided by this section, any
otherwise exempt activities occurring in or near a critical area or its buffer
shall comply with the intent of these standards and shall consider onsite
alternatives that avoid or minimize significant adverse impacts. Emergency
activities shall mitigate for any impacts caused to critical areas upon
abatement of the emergency.
C. With the exception of emergency actions, existing and ongoing
agricultural activities, and educational and recreation activities that will not
have a significant effect on a critical area, no property owner or other
entity shall undertake exempt activities prior to providing fourteen k14�
days' notice to the director and receiving confirmation in writing that the
proposed activity is exempt. In case of any question as to whether a
particular activity is exempt from the provisions of this section, the
director's determination shall prevail and shall be confirmed in writing.
13 KCC 11.06
Critical Areas
Ordinance
D. Legally established uses, developments, or structures that are
nonconforming solely due to inconsistencies with the provisions of this
chapter shall not be considered nonconforming pursuant to KCC
15.08.100. Reconstruction or additions to existing structures whiehthat
intrude into critical areas or their buffers shall not increase the amount of
such intrusion except as provided by KCC 11.06.100(A). Once a
nonconforming use is discontinued for a period of one (1) yearsix months,
that use cannot be reestablished.
E. The exemptions established by this section shall apply only to
activities that are otherwise permitted by federal, state, and/or local laws.
Sec. 11.06.045. Review and inspection fees. The city council
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 nonrefundable
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 public werlEs director is
authorized to interpret the applicable fee schedule{sj to resolve that
conflict or ambiguity.
Sec. 11.06.050. Critical areas maps. The approximate location
and extent of critical areas within the city are shown on the critical areas
inventory maps. tYtCScExcept as provided in KCC 11.06.030.A, these maps
shall be used for informational purposes and as a general guide only, for
the assistance of property owners and other interested parties; the
boundaries and locations shown are generalized. The actual presence or
14 KCC 11.06
Critical Areas
Ordinance
absence, type, extent, boundaries, and classification of critical areas on a
specific site shall be identified in the field by a qualified consultant
professional and confirmed by the department, according to the
procedures, definitions, and criteria established by this chapter. In the
event of any conflict between the critical area location or designation
shown on the city's maps and the criteria or standards of this chapter, the
criteria and standards shall prevail. Maps are adopted pursuant to this
chapter and regularly updated with new information from resources
deemed reliable by the director. These maps shall be kept on file at the
permit center, posted on the city's website, and made available for public
inspection upon request.
Sec. 11.06.060. Relationship to other regulations.
A. These critical area regulations shall apply as an overlay and in
addition to zoning, land use, and other regulations established by the city
of Kent. In the event of any conflict between these regulations and any
other city regulations, those regulations which provide greater protection
to environmentally critical areas shall apply, as determined by the director.
B. Areas characterized by specific critical areas may also be subject to
other regulations established by this chapter due to the overlapping or
multiple functions of some critical areas. Wetlands, for example, may be
defined and regulated according to the wetland, wildlife habitat, and
stream management provisions of this chapter. In the event of any conflict
between regulations for particular critical areas in this chapter, the
regulations which provide greater protection to environmentally critical
areas shall apply, as determined by the director.
15 KCC 11.06
Critical Areas
Ordinance
C. Compliance with this chapter does not constitute compliance with
other federal, state, or local regulations or permit conditions that may be
required, including but not limited to the Washington Department of Fish
and Wildlife hydraulic project approval (HPA), Army Corps of Engineers
Section 404 permits, Ecology Section 401 permits, and National Pollution
Discharge Elimination System (NPDES) permits. The applicant is
responsible for complying with these requirements, in addition to the
processes established in this chapter.
Sec. 11.06.070. Critical area review process and application
requirements.
A. Pre -application conference.
to SERA, the prc application rc gairements of E apter 12.81 IcEEsrrcrll
fFen. the SERA .egUiFen9, nts Tthe applicant is encouraged to meet with the
city prior to submitting an application, as described in the pre -application
guidelines of Chapter 12.01 KCC.
32. The purpose of these meetings shall be to discuss the city's
critical area requirements, processes, and procedures; to review any
conceptual site plans prepared by the applicant; to identify potential
impacts to critical areas and appropriate mitigation measures; and to the
extent it can be determined, generally inform the applicant of any known
federal or state regulations or approvals applicable to the subject critical
area. Such conference shall be for the convenience of the applicant, shall
not constitute legal advice or scientific opinion, and any recommendations
shall not be binding on the applicant or the city. It shall be the applicant's
16 KCC 11.06
Critical Areas
Ordinance
sole responsibility to identify and secure all necessary permits from any
agencies with jurisdiction notwithstanding that the city of Kent may also
have the authority to issue a permit.
B. Application requirements.
1. Timing of submittals. Concurrent with submittal of a SEPA
checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submitted to the city for
review. The purpose of the report is to determine the extent,
characteristics, and functions of any critical areas located on or potentially
affected by activities on a site where regulated activities are proposed. The
report will also be used by the department to determine the appropriate
critical area rating or classification, where applicable, and to establish
appropriate buffer requirements.
2. Report contents. Reports and studies required to be submitted
by this chapter shall contain, at a minimum, information indicated in
the subsequent sections of -"- to this chapter applicable to each
critical area, and the following:
a. The name and contact information of the applicant, a
description of the proposal, and identification of the permit requested;
b. Addresses and parcel numbers of the critical areas;
C. A map, to scale, depicting critical areas, buffers, flag
and test pit numbers, the development proposal, and any areas to be
cleared; and
17 KCC 11.06
Critical Areas
Ordinance
d. A description of the proposed stormwater management
plan for the development and consideration of impacts to drainage
alterations.
e. The names and qualifications of all people involved in
preparing the report and documentation of any fieldwork performed on the
site, as well as the dates on which fieldwork took place;
f. Identification and characterization of all critical areas,
wetlands, water bodies, and buffers adjacent to the proposed project area;
g. A statement specifying the accuracy of the report, and
all assumptions made and relied upon;
h. An assessment of the probable impacts to critical areas
resulting from development of the site, the proposed development, and
potential impacts from critical areas to the proposed development of the
sib
i. A description of reasonable efforts made to apply
mitigation sequencing pursuant to KCC 11.06.380 to avoid, minimize, and
mitigate impacts to critical areas;
j. Plans for adequate mitigation, as needed, to offset any
impacts, in accordance with KCC 11.06.550, including, but not limited to:
i. The impacts of any proposed development within
or adjacent to a critical area or buffer on the critical area, and the
potential adverse impact of a critical area to the development; and
18 KCC 11.06
Critical Areas
Ordinance
ii. The impacts of any proposed alteration of a
critical area or buffer on the development proposal, other properties and
the environment;
k. A discussion of the performance standards applicable
to the critical area and all proposed activity;
I. Financial guarantees, in a form and for an amount
acceptable to both the director and the city attorney, to ensure
compliance; and
M. Any additional information required for the critical area
as specified in the corresponding chapter.
3. The department may tailor the information required to reflect
the complexity of the proposal and the sensitivity of critical areas that may
potentially be present.
4. Unless otherwise provided, a critical area report may be
supplemented by or composed, in whole or in part, of any reports or
studies required by other laws and regulations or previously prepared for
and applicable to the development proposal site, as approved by the
director.
5. The director may require additional information to be included
in the critical area report when the director deems it to be necessary for
proper review of the proposed activity in accordance with this Title.
Additional information that may be required includes, but is not limited to:
a. Historical data, including original and subsequent
mapping; aerial photographs; data compilations and summaries; and
19 KCC 11.06
Critical Areas
Ordinance
available reports and records relating to the site or past operations at the
sib
b. Grading and drainage plans; and
C. Information specific to the type, location and nature of
the critical area involved.
cengplexity of the PFOpesal and the sensitivity Of ffitical aFeas that
C. Critical area consul a #sprofessionals — Qualifications and city
review. All reports and studies required of the applicant by this section
shall be prepared by a qualified censultantgrofessional as defined in these
regulations. The depaFt director may, at its —the director's discretion,
retain a qualified ;t professional to review and confirm the
applicant's reports, studies, and plans. Such review shall be paid for by the
applicant.
D. Review process. This section is not intended to create a separate
critical area review permit process for development proposals. To the
extent possible, the city shall consolidate and integrate the review and
processing of critical area -related aspects of proposals with other land use
and environmental considerations, reviews, and approvals. Any permits
required by separate codes or regulations, such as shoreline substantial
development permits, shall continue to be required.
Sec. 11.06.080. Procedural provisions.
A. Interpretation and conflicts. The director of the depaFtngent
his/he- .J....i..nee shall have the authority to administer the provisions of
20 KCC 11.06
Critical Areas
Ordinance
this chapter, to make determinations with regard to the applicability of the
regulations, to interpret the intent of unclear provisions, to require
additional information, to determine the level of detail and appropriate
methodologies for critical area reports and studies, to prepare application
and informational materials as required, and to promulgate procedures and
rules for unique circumstances not anticipated by the standards and
procedures contained within this chapter.
B. Penalties and enforcement. Compliance with these regulations and
penalties for their violation shall be enforced pursuant to the procedures
set forth in Chapter 1.04 KCC.
C. Appeals from critical area review decisions. Appeals from critical
area review decisions shall be governed by the procedures set forth in KCC
12.01.190 and Gr.Chapter 2.32 KCC.
D. Burden of proof. The burden of proving that a proposed activity
meets the standards established by this chapter shall be on the applicant.
Sec. 11.06.090. Reasonable use provision.
A. The standards and requirements of these regulations are not
intended, and shall not be construed or applied in a manner, to deny all
reasonable use of private property. If an applicant demonstrates to the
satisfaction of the hearing examiner that strict application of these
standards would deny all reasonable use of a property, development may
be permitted subject to appropriate conditions.
B. Applications for a reasonable use exception shall be processed as a
Process III application, pursuant to Chapter 12.01 KCC.
21 KCC 11.06
Critical Areas
Ordinance
C. An applicant requesting relief from strict application of these
standards shall demonstrate that all of the following criteria are met:
1. No reasonable use with less impact on the critical area and its
buffer is possible.
2. There is no feasible and reasonable onsite alternative to the
activities proposed, considering possible changes in site layout, reductions
in density, and similar factors that would allow a reasonable economic use
with fewer adverse impacts.
3. The proposed activities, as conditioned, will result in the
minimum possible impacts to affected critical areas, considering their
functions and values and{er the risks associated with proposed
development.
4. All reasonable mitigation measures have been implemented or
assured.
5. The inability to derive reasonable economic use is not the
result of the applicant's actions or that of a previous property owner, stye#
as—byincluding, but not limited to segregating or dividing the property and
CFeatonin a manner that created an undevelopable condition
exacerbating an existing condition to such a degree that reasonable
economic use is no longer possible under the terms of this chapter.
6. The applicant adequately undertook reasonable efforts to
acquire sufficient knowledge of existing limitations on the subject property
at the time when the applicant acquired the property. For purposes of this
section, "reasonable efforts" includes, but is not limited to: visual
22 KCC 11.06
Critical Areas
Ordinance
inspection of the site; review of critical area mates; site assessment by a
qualified professional; and a price comparison to other properties that are
comparable in terms of size, location, zoning and access.
7. Any alteration of a critical area approved under this section
shall be subject to appropriate conditions and will require mitigation under
an approved mitigation plan.
D. No reasonable use application shall be approved if the city can
demonstrate, by a preponderance of the evidence, that the applicant had
actual or constructive knowledge of existing conditions, at any time prior
to the applicant's acquisition of the subject property, that would
significantly lessen the applicant's distinct, investment -backed
expectations in acquiring the subject property.
BE. Approval of a reasonable use exception shall not eliminate the need
for any other permit or approval otherwise required for a proposal by
applicable city regulations.
Sec. 11.06.100. Variances.
A. Applications for variances from the strict application of the terms of
this chapter to a specific property may be submitted to the city. All
variances except administrative variances per subsection (B) of this section
shall be considered by the hearing examiner as a Process III application,
pursuant to K£GChapter 12.01.040 KCC. Approval of variances from the
strict application of the critical area requirements shall be consistent with
the following criteria:
23 KCC 11.06
Critical Areas
Ordinance
1. There are unique physical conditions peculiar and inherent to
the affected property whichthat makes it difficult or infeasible to strictly
comply with the provisions of this chapter.
2. The variance is the minimum necessary to accommodate the
building or structure footprint and access.
3. The proposed variance would preserve the functions and
values of the critical area, and{er the proposal does not create or increase
a risk to the public health, safety, and general welfare, or to public or
private property.
4. The proposed variance would not adversely affect properties
surrounding the subject site.
5. Adverse impacts to critical areas resulting from the proposal
are minimized.
6. The special circumstances or conditions affecting the property
are not a result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege.
B. Other minor buffer modifications may be permitted by the director,
as outlined in the provisions of this chapter.
Article II. Definitions
Sec. 11.06.105. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meaning ascribed to
24 KCC 11.06
Critical Areas
Ordinance
them in this article, except where the context clearly indicates a different
meaning.
Sec. 11.06.110. Applicability. The definitions contained in this
chapter are those that are generally used throughout this code, except for
those definitions specified in C4'TChapters 14.09 KCC and 15.02 KCC,
which are specific to those respective sections and chapters.
Sec. 11.06.115. Adjacent wetland. Adjacent wetland means a
wetland bordering, contiguous to, or neighboring a river, stream, or lake.
Sec. 11.06.120. Applicant. Applicant means the person, party,
firm, corporation, or other entity that proposes or has performed any
activity that affects or may affect a critical area or potential critical area
its buffer.
Sec. 11.06.125. Aquifer. Aquifer is, generally, any water bearing
soil unit or geologic formation. Specifically, a body of soil unit or geologic
formation that contains sufficient saturated permeable material to conduct
groundwater and yield economically significant quantities of groundwater
to wells or springs.
Sec. 11.06.130. Aquifer susceptibility. Aquifer susceptibility is a
contributory factor of potential contamination of an aquifer that results
from soil, rock, and groundwater characteristics within a recharge area.
Sec. 11.06.135. Aquifer vulnerability. Aquifer vulnerability
means the combined effect of aquifer susceptibility and contaminant
loading potential: it includes hydrogeologic, land use, and other factors
that affect the potential for groundwater contamination.
25 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.140. Artificially created wetland. Artificially created
wetland means a wetland created from nonwetland sites through
purposeful, legally authorized human action, including but not limited to
irrigation and drainage ditches, grass -lined swales, canals, retention or
detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities.
Sec. 11.06.145. Best available science (BAS). Best available
science (BAS) is the current scientific information used in the process to
designate, protect, or restore critical areas, that is derived from a valid
scientific process as defined by WAC 365-195-900 through 365-195-925,
as amended.
Sec. 11.06.150. Best management practices (BMPs). Best
management practices (BMPs) means the conservation practices or
systems of practices and management measures that: (1) control soil loss
and reduce water quality degradation caused by nutrients, animal waste,
toxics, and sediment; and (2) minimize adverse impacts to surface water
and groundwater flow, circulation patterns, and to the chemical, physical,
and biological characteristics of critical areas.
Sec. 11.06.155. Bog. Bog means a wet, spongy, poorly -drained
area that is usually rich in very specialized plants, such as acidophilic
mosses,_ particularly sphagnum; contains a high percentage of organic
remnants and residues; and frequently is associated with a spring,
seepage area, or other subsurface water source. A bog sometimes
represents the final stage of the natural process of eutrophication by which
lakes and other bodies of water are very slowly transformed into land
26 KCC 11.06
Critical Areas
Ordinance
:_ _......::........:.:_...�,..My-OEM
Sec. 11.06.160. Buffer or buffer area. Buffer or buffer area is a
vegetated zone contiguous to and surrounding a critical area that protects
the critical area from adverse impacts to its integrity and value. Buffers are
necessary for the continued maintenance, function, and{er structural
stability of a critical area, and are an integral part of the resource's
ecosystem. Buffers may either be enhanced {or revegetated, or both,
where they are degraded or as part of a mitigation program. Buffers shall
be measured perpendicular from the edge of the critical area.
Sec. 11.06.165. Building setback line (BSBL). Building setback
line (BSBL) means an area in which structures, including but not limited to
sheds, homes (including overhangs), buildings, and awnings shall not be
permitted within, or allowed to project into, a critical area buffer. Roads,
parking areas, uncovered at -grade decks, patios, lawns, and landscaping
are permitted within the BSBL.
Sec. 11.06.170. Clearing. Clearing means the removal of timber,
brush, grass, ground cover, or other vegetative matter from a site, which
exposes the earth's surface of the site, or any actions whichthat disturb
the existing ground surface.
27 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.180. Compensatory mitigation. Compensatory
mitigation means restoration (re-establishment or rehabilitation),.
establishment (creation), enhancement, and, in certain circumstances,
preservation of aquatic resources for the purposes of offsetting
unavoidable adverse impacts which remain after all appropriate and
practicable avoidance and minimization has been achieved. the
i
1. Restoration means actions performed to reestablish stream or
wetland functional characteristics and processes, which have been lost by
alterations, activities, or catastrophic events within an area w>hiehthat no
longer meets the definition of a stream or wetland.
2. GFeatien Establishment means actions performed to intentionally
`create a wetland at a site where it did not formerly exist.
3. Enhancement means actions performed to improve the condition of
existing wetlands or riparian areas so that the functions they provide are
of a higher quality.
Sec. 11.06.185. Comprehensive plan. Comprehensive plan
means the document, including maps, adopted by the city council, which
outlines the city's goals and policies relating to management of growth,
and prepared in accordance with Chapter 36.70A RCW. The term also
includes adopted subarea plans.n9eans theadopted city of Kent
Sec. 11.06.190. Contaminant loading potential. Contaminant
loading potential means the availability within an aquifer recharge area of
28 KCC 11.06
Critical Areas
Ordinance
any potential physical, chemical, biological, or radiological substance that
enters the hydrological cycle and may cause a deleterious effect on
groundwater resources.
Sec. 11.06.193. Corridor. Corridor means a continuous strip of
undisturbed vegetation connecting two {2rcritical areas, protected in
perpetuity from development via a restrictive covenant in the form of a
conservation easement, sensitive area easement, or sensitive area tract.
Sec. 11.06.195. Creation of critical areas. Creation of critical
areas means the purposeful and legally authorized construction or forming
of a wetland or stream from an upland (nonwetland or dry) site through
artificial means.
Sec. 11.06.200. Critical area or- envmr-en mentally sensitive
area. Critical area OF environmentally sensit4ve area means an area that
possesses important natural functions and embodies a variety of important
natural and community values. Such areas include wetlands, streams, fish,
and wildlife habitat, geologic hazard areas, critical aquifer recharge areas,
and flood hazard areas. If not conducted properly, development or
alteration of such areas may cause significant impacts to the valuable
functions and values of these areas and/or may generate risks to the
public health and general welfare,and/or to public and private property.
Sec. 11.06.205. Critical area report. Critical area report means
a report prepared by a qualified censulta-tprofessional to determine the
presence, type, class, size, function,and/or value of an area subject to
these regulations.
29 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.210. Critical aquifer recharge areas. Critical aquifer
recharge areas means areas designated wellhead protection areas
pursuant to adopted wellhead protection plans OF via the calculated °;_".,,
~,oa, susceptible groundwater areas pursuant to Chapter 173-
100 WAC, and special protection areas pursuant to WAC 173-200-090.
Sec. 11.06.215. Critical facilities. Critical facilities means those
facilities necessary to protect the public health, safety, and general welfare
which are defined under the occupancy categories of essential facilities and
special occupancy structures in the International Building Code, as the
same may be amended (OF subsequent a..,,...ent)
NOW
I
Sec. 11.06.225. Dedication. Dedication means conveyance of
land to the City OF eth.eF not fOF PFOfit entity by deed, easement, or other
legal instrument of conveyance.
30 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.227. Degraded wetland buffer. Degraded wetland
buffer means a buffer area which cannot adequately protect its adjacent
wetland due to one {4}or more of the following existing conditions: (1)
lack of vegetative cover or presence of bare soils (resulting from
disturbance, fill, debris, or trash); (2) significant cover (over fifty kw
percent) in nonnative vegetation; (3) significant cover (over fifty kw
percent) in invasive species or noxious weeds; or (4) presence of existing
nonconforming structures or improvements.
Sec. 11.06.230. Delineation manual or wetland delineation
manual/methodology. Delineation manual or wetland delineation
manual/methodology means the manual and methodology used for the
identification of wetlands and delineation of their boundaries pursuant to
this chapter. Work shall be done in accordance with the approved federal
wetland delineation manual and applicable regional supplements as set
forth in WAC 173-22-035, as amended. to identify wetlands On the field, as
VI
Sec. 11.06.235. Department. Department means the city of Kent
department of public WOFkseconomic and community development or
successor agency, unless the context indicates a different city department.
Sec. 11.06.240. Director. Director means the diFeCtOF of the city
of Kent economic and community development
director or "the director's designee.
31 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.245. Earth/earth material. Earth/earth material
means the —naturally occurring rock, soil, stone, sediment, sand, or aU
combination thereof.
Sec. 11.06.250. Elevated construction. Elevated construction
means a construction technique that employs posts or pilings to raise a
structure so that waters can flow freely beneath the structure.
Sec. 11.06.255. Emergent wetland. Emergent wetland means a
wetland with at least thirty {3&)—percent of the surface area covered by
erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
Sec. 11.06.260. Enhancement. Enhancement means the
improvement of an existing viable wetland, stream, or habitat area or the
buffers established for such areas, through such measures as increasing
plant diversity, increasing wildlife habitat, installing environmentally
compatible erosion controls, increasing structural diversity, or removing
plant or animal species that are not indigenous to the area. Enhancement
also includes actions performed to improve the quality of an existing
degraded wetland, stream or habitat area. See also "Restoration."
Sec. 11.06.265. Erosion. Erosion means a process whereby
gravity, wind, rain, water, freeze -thaw, and other natural agents mobilize
and transport soil particles.
Sec. 11.06.270. Erosion hazard areas. Erosion hazard areas
means areas within the city of Kent underlain by soils which are subject to
severe erosion when disturbed. Such soils include, but are not limited to,
those delineated in the "Soil Survey, King County Area, Washington"
(USDA, 1973) as having a moderate to severe, severe, or very severe
32 KCC 11.06
Critical Areas
Ordinance
erosion hazard potential. These soils consist of the following: Alderwood
gravelly sandy loam, fifteen (15) to thirty (30) percent slopes (AgD);
Alderwood and Kitsap soils, very steep (AkF); Arents, Alderwood Material,
six (6) to fifteen (15) percent slopes (AmC); Beausite gravelly sandy loam,
fifteen (15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy
loam, forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Pilchuck loamy fine sand
(Pc); Ragnar fine sandy loam, fifteen (15) to twenty-five (25) percent
slopes (RaD); Ragnar-Indianola association, moderately steep (RdE); and
Riverwash (Rh).
Sec. 11.06.275. Essential habitat. Essential habitat means
habitat necessary for the survival of federally listed threatened,
endangered, -and or sensitive species,_ and state -listed priority species.
Sec. 11.06.280. Excavation. Excavation means the removal or
displacement of earth material by human or mechanical means.
Sec. 11.06.285. Existing and ongoing agricultural activities.
Existing and ongoing agricultural activities includes those activities
conducted on lands defined in RCW 84.34.020(2), as amended, and those
activities involved in the production of crops and livestock, provided that
such activity was actively being conducted. Such activity n9ust have been
n eXistenae as of the effective date of the ordinance codified in this
chapter. The definition includes,_ but is not limited to: operation and
33 KCC 11.06
Critical Areas
Ordinance
maintenance of farm and stock ponds or drainage ditches-, irrigation
systems-, changes between agricultural activities or crops-, and normal
operation, maintenance, or repair of existing serviceable structures,
facilities, or improved areas. Activities whichthat bring an area into
agricultural use from a previous nonagricultural use are not considered
part of an ongoing activity. An operation ceases to be ongoing when the
area on which it was conducted is proposed for conversion to a
nonagricultural use or has lain idle for a peFied of longer than five
{§}consecutive years, unless the idle land is registered in a federal or state
soils conservation program. Forest practices are not included in this
definition.
Sec. 11.06.295. Fen. Fen means a peat -accumulating wetland
that receives some drainage from surrounding mineral soil and usually
supports marsh -like vegetation.
Sec. 11.06.300. Fill/fill material. Fill/fill material means a deposit of
earth or other material placed by human or mechanical means. Earth
material is defined in KCC 11.06.245. Other material may include, but is
not limited to plastics, construction debris, wood chips, overburden from
excavation activities, or materials used to create any structure or
infrastructure.
Sec. 11.06.305. Filling. Filling means the act of transporting or
placing (by any manner or mechanism) fill material from, to, or on any
surface water body or wetland, soil surface, sediment surface, or other fill
material.
34 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.307. Fish and wildlife habitat conservation area.
Fish and wildlife habitat conservation area means and includes the
following: habitat where federally and state endangered, threatened, and
sensitive species have a primary association; state priority habitats and
areas associated with state priority species; habitats and areas associated
with species of local importance (as determined by the city); naturally
occurring ponds less that twenty acres and their submerged aquatic beds,
which provide fish or wildlife habitat; and waters of the state.
Sec. 11.06.310. Forested wetland. Forested wetland means a
wetland defined by the Cowardin system with at least thirty {3&)--percent
of the surface area covered by woody vegetation greater than twenty E20i
feet in height that is at least partially rooted in the wetland.
Sec. 11.06.315. Functions, beneficial functions, or functions
and values. Functions, beneficial functions, or functions and values
means the beneficial roles served by wetlands including, but not limited to,
water quality protection and enhancement, fish and wildlife habitat, food
chain support, flood storage, conveyance and attenuation, groundwater
recharge and discharge, erosion control, wave attenuation, historical and
archaeological and aesthetic value protection, and recreation. These
beneficial roles are not listed in order of priority.
Sec. 11.06.320. Geologic hazard areas. Geologic hazard areas
means lands or areas characterized by geologic, hydrologic, hydrogeologic,
vegetative and topographic conditions that render them susceptible to
varying degrees of potential risk of landslides, erosion, or seismic or
volcanic activity; and areas characterized by geologic, hvdrogeoloqic and
35 KCC 11.06
Critical Areas
Ordinance
hydrologic conditions that make them vulnerable to contamination of
groundwater supplies through infiltration of contaminants to aquifers.
Sec. 11.06.325. Grading. Grading means any excavating, filling,
clearing, leveling, movement or redistributions of the ground
surface by human or mechanical means.
Sec. 11.06.330. Growing season. Growing season means the
average frost -free period of the year in Kent as recorded in National
Oceanic and Atmospheric Administration Frost/Freeze Data from
Climatology of the U.S., No. 20, supplement No. 1, or in equivalent U.S.
government agency records. Growing season, for the purposes of these
regulations, may be considered to be the period from March 1st through
October 31st of any calendar year.
Sec. 11.06.335. Habitat management. Habitat management
means management of land and its associated resources/features to
maintain species in suitable habitats within their natural geographic
distribution so that isolated subpopulations are not created. This does not
imply maintaining all habitat or individuals of all species in all cases.
Sec. 11.06.340. Hydric soil. Hydric soil means soil that is
saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods described in the federal manual.
36 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.350. Hydrophytic vegetation. Hydrophytic vegetation
means macrophytic plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water content.
The presence of hydrophytic vegetation shall be determined following the
methods described in the federal manual.
Sec. 11.06.355. In -kind compensation or mitigation. In -kind
compensation or mitigation means replacement of wetlands or other
critical areas with substitute wetlands or resources whose characteristics
closely approximate those destroyed or degraded by a regulated activity.
Sec. 11.06.357. Inundation Zone. Inundation zone means an
area where deposition or flow of debris, mudflows or related flooding
events from geologic and volcanic events on Mount Rainier may occur
within the city.
Sec. 11.06.360. Intentionally created streams. Intentionally
created streams means manmade streams created through purposeful
human action, such as irrigation and drainage ditches, grass -lined swales,
and canals. This definition does not include stream modifications
performed pursuant to city authorization, such as changes or redirection of
stream channels, and does not include streams created as mitigation.
Purposeful creation must be demonstrated through documentation,
photographs, statements, {or other evidence. Intentionally created
streams are excluded from regulation under this chapter, except manmade
37 KCC 11.06
Critical Areas
Ordinance
streams that provide "critical habitat," as designated by federal or state
agencies, for anadromous fish.
Sec. 11.06.363. Isolated Wetlands. Isolated wetlands means
those wetlands that are outside of and not contiguous to any 100-year
floodplain of a lake, river or stream, and which have no contiguous hydric
soil or hydrophytic vegetation between the wetland and any surface water,
including other wetlands. Any project involving filling or altering an
isolated wetland is subiect to regulation by the State Department of
Ecology under the Water Pollution Control Act, Chapter 90.48 RCW, as
amended, in addition to this chapter. While wetland fill is also regulated by
the U.S. Army Corps of Engineers under the Federal Clean Water Act,
isolated wetlands are not subject to federal review.
Sec. 11.06.365. Lahar. Lahar means mudflows or debris flows
associated with volcanic activity, ard-which pose a threat to life, property;
ardor structures.
Sec. 11.06.370. Landslide. Landslide means episodic downslope
movement of a mass of soil or rock.
Sec. 11.06.375. Landslide hazard areas. Landslide hazard areas
means and includes:
1. Any existing active or dormant landslide or debris flow that has
shown movement during the Holocene epoch (from ten thousand (10,000)
years ago to the present) or that are -is underlain or covered by mass
wastage debris of that epoch.
38 KCC 11.06
Critical Areas
Ordinance
2. Areas delineated in the Soil Survey, King County Area, Washington
(USDA, 1973) as having a "severe" limitation for building site
development. These soils consist of the following: Alderwood gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (AgD); Alderwood
and Kitsap soils, very steep (AkF); Beausite gravelly sandy loam, fifteen
(15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy loam,
forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Ragnar fine sandy loam,
fifteen (15) to twenty-five (25) percent slopes (RaD); and Ragnar-
Indianola association, moderately steep (RdE).
3. Areas designated as quaternary slumps, earth flows, mudflows, or
landslides on maps published by the U.S. Geological Survey, Washington
Department of Natural Resources, a geologic consultant reports
completed for the city of Kent, or as identified on LIDAR maps completed
for the city of Kent.
4. Areas with all three of the following characteristics: slopes steeper
than fifteen {15�-percent; slopes intersecting granular material over silts or
clays; and springs or groundwater seepage or evidence of seasonal springs
or groundwater seepage.
5. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials.
39 KCC 11.06
Critical Areas
Ordinance
6. Slopes subject to failure during seismic shaking.
7. Areas potentially unstable as a result of rapid stream incision or
stream bank erosion.
8. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic flooding.
9. Any area with a slope of forty {49-)-percent or steeper and with a
vertical relief of ten {l&}or more feet. A slope is delineated by establishing
its toe and top and measured by averaging the inclination over ten kl%
feet of vertical relief.
Sec. 11.06.380. Mitigation Sequencing. Mitigation Sequencing
means that applicants shall demonstrate that all reasonable efforts have
been examined with the intent to avoid and minimize impacts to critical
areas. When an alteration to a critical area is proposed, such an alteration
shall be avoided, minimized, or compensated for in the following sequential
order of preference, pursuant to WAC 197-11-768, as amended:
1. Avoiding the impact altogether by not taking a certain action or
parts of actions.
2. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation.
40 KCC 11.06
Critical Areas
Ordinance
3. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute
resources or environments.
6. The enhancement, restoration, or creation of critical areas as
compensation for impacts resulting from development activities.
While monitoring without additional actions is not considered mitigation for
the purposes of these regulations, it may be part of a comprehensive
mitigation program.
Also see KCC 11.06.180, "Compensatory mitigation."
Sec. 11.06.385. Native vegetation. Native vegetation means
plant species indigenous to the Puget Sound region that could occur or
could have occurred naturally on the site, which are or were indigenous to
the area in question.
41 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.388. Naturally occurring pond (deepwater aquatic
habitat). Naturally occurring Pond (deepwater aquatic habitat,) means a
pond less than twenty acres in size and its submerged aquatic beds, which
provide fish or wildlife habitat. Also see definition of "Wetlands" for
exclusions of certain types of ponds from regulation.
Sec. 11.06.390. Offsite mitigation. Offsite mitigation means
performance of mitigation actions, pursuant to standards established in
this chapter, on a site or in an area other than that proposed for conduct
of a regulated activity.
Sec. 11.06.395. Onsite mitigation/compensation. Onsite
mitigation/compensation means replacing wetlands or other resources at
or adjacent to the site on which a wetland or other resource has been
in9paetedadversely affected by a regulated activity.
Sec. 11.06.397. Ordinary high water mark. Ordinary high water
mark means that mark on all lakes, streams, and tidal water that may be
found by examining the bed and banks and ascertaining where the
presence and action of waters are so common and usual, and so long
continued in all ordinary years, as to mark upon the soil a character
distinct from that of the abutting upland, in respect to vegetation as that
condition exists on June 1, 1971, as it may naturally change thereafter, or
as it may change thereafter in accordance with permits issued by the city
of Kent or Department of Ecology; provided, however, that in any area
where the ordinary high water mark cannot be found, the ordinary high
water mark adioining fresh water shall be the line of mean high water.
Sec. 11.06.400. Out -of -kind mitigation. Out -of -kind mitigation
means replacement of wetlands or habitat with substitute wetlands or
42 KCC 11.06
Critical Areas
Ordinance
habitat whose characteristics do not closely approximate those adversely
affected, destroyed, or degraded by a regulated activity.
Sec. 11.06.405. Permanent erosion control. Permanent erosion
control means continuous onsite and offsite control measures that are
needed to control conveyance or deposition of earth, turbidity, or
pollutants after development, construction, or restoration.
Sec. 11.06.410. Plant association of infrequent occurrence.
Plant association of infrequent occurrence means one {l}or more plant
species, which, because of the rarity of the habitat {or the species
involved, or for other botanical or environmental reasons, do not often
occur in the city of Kent. Examples include but are not limited to:
1. Wetlands with a coniferous forested class or subclass consisting of
trees such as western red cedar, Sitka spruce, or lodge pole pine growing
on organic soils;
2. Bogs with a predominance of sphagnum moss, or those containing
sphagnum moss, and typically including one {4}or more species such as
Labrador tea, sundew, bog laurel, or cranberry.
1110101
43 KCC 11.06
Critical Areas
Ordinance
,::
Sec. 11.06.420. Practicable alternative. Practicable alternative
means an alternative that is available and capable of being carried out
after taking into consideration cost, existing technology, and logistics in
light of overall project purposes, and having less ipaets teof a negative
effect on critical areas. It may involve using an alternative site in the
general region that is available to the applicant and may feasibly be used
to accomplish the project.
Sec. 11.06.425. Priority habitat/species, or priority wildlife
habitat/species. Priority habitat/species, or priority wildlife
habitat/species means habitats and species of local importance and
concern in urban areas, as identified by the Washington Department of
Fish and Wildlife priority habitat and species (PHS) program. "Priority
species" are wildlife species of concern due to their population status and
their sensitivity to habitat alteration. "Priority habitats" are areas with one
{l}or more of the following attributes: comparatively high wildlife density;
high wildlife species richness; significant wildlife breeding habitat;
significant wildlife seasonal ranges; significant movement corridors for
wildlife; limited availability; for high vulnerability. General types of
priority habitat identified in the PHS program — some of which do not occur
in the city of Kent — include Aspen stands, cliffs, meadows, oak woodlands,
old-growth/mature forests, riparian areas, shrub -steppe, snag -rich areas,
and wetlands.
Sec. 11.06.430. Qualified censultaMorofessional. Qualified
consultant professional means a person with experience and training in the
pertinent scientific discipline, and who is a qualified scientific expert with
44 KCC 11.06
Critical Areas
Ordinance
expertise appropriate for the relevant critical area subject in accordance
with WAC 365-195-905, as amended. A qualified professional must have
obtained a B.S. or B.A. or equivalent degree in biology, engineering,
geology, environmental studies, fisheries, geomorphology, or a related
field, or have at least five years of related work experience. A qualified
engineer, geologist, and hydrogeologist must have an active license to
practice within the State of Washington.
1. A qualified professional for wetlands must be a professional wetland
scientist, or meet the education requirements in this section and have at
least two years of full-time work experience as a wetlands professional,
including delineating wetlands using the federal manuals and supplements,
preparing wetlands reports, conducting function assessments, and
developing and implementing mitigation plans.
2. A qualified professional for habitat must have a degree in biology or
a related degree and professional experience related to the subject
species.
3. A qualified professional for a geological hazard must be a
professional engineer or geologist, licensed in the state of Washington.
4. A aualified professional for critical aauifer recharae areas must be a
hydrogeologist, geologist, engineer, or other scientist with experience in
preparing hydrogeologic assessments.
a persen who has attained a degree fFeng an aeeredited college OF
wetlands,
StFeangs, and wildlife habitat and significant vegetatienj geelegyj and/OF a
45 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.440. Repair or maintenance. Repair or maintenance
means an activity that restores the character, scope, size, and design of a
structure or land use to its previously authorized and undamaged
condition. Activities that change the character, size, or scope of a project
beyond the original design and drain, dredge, fill, flood, or otherwise alter
additional critical areas are not included in this definition.
Sec. 11.06.445. Restoration. Restoration means actions taken to
reestablish wetland, stream, or habitat functional values and
characteristics that have been destroyed or degraded by past alterations
(e.g., filling or grading). See also "Enhancement."
46 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.450. Secondary habitat. Secondary habitat means
areas that offer less diversity of animal and plant species than priority
habitat but that are important for performing the essential functions of
habitat.
Sec. 11.06.455. Seismic hazard areas. Seismic hazard areas
means areas subject to a risk of earthquake damage due to soil
liquefaction. These areas generally contain satUFated alluvial sediments,_
normally -consolidated glacial deposits, vegetated materials (peat) that
either are or can become saturated, and poorly compacted fill that either is
or can become saturated. These areas are generally mapped as Category I
and Category II liquefaction susceptibility areas on maps contained within:
Palmer, Walsh, Logan, Gerstel, Liquefaction Susceptibility for the Auburn
and Poverty Bay 7.5-Minute Quadrangles, Washington, Washington State
Department of Natural Resources, September 1995; Palmer, Shasse and
Norman, Liquefaction Susceptibility for the Des Moines and Renton 7.5-
Minute Quadrangles, Washington, Washington State Department of Natural
Resources, December 1994; and slopes that could fail during an
earthquake. In the city of Kent, these slope areas are generally mantled
with f-Vashon ice -contact deposits On aFeas of fifteen ( 5) peFeent
slope weeper. Vashon ice -contact deposits (Qvi) are mapped in: Luzier,
Water Supply Bulletin No. 28, Geology and Ground -Water Resources of
Southwestern King County, Washington, State of Washington Department
of Water Resources, 1969; Booth DB, and Waldron HH, Geologic Map of
the Des Moines Quadrangle, King County, Washington, 2004; Booth DB,
Waldron HH and Troost KG, Geologic Map of the Poverty Bay Quadrangle,
King County, Washington, 2004.
Sec. 11.06.460. Scrub -shrub wetland. Scrub -shrub wetland
means a wetland with at least thirty {3&�—percent of its surface area
47 KCC 11.06
Critical Areas
Ordinance
covered by woody vegetation less than twenty {2&�-feet in height as the
uppermost strata.
Sec. 11.06.465. Sensitive area tract. Sensitive area tract means
a separate tract that is created to protect athe see critical area and
its buffer.
Sec. 11.06.470. Site. Site means the location containing a
regulated critical area and on which a regulated activity is proposed. The
location may be a parcel or portion thereof, or any combination of
contiguous parcels, where a proposed activity may impaftffect a critical
area.
Sec. 11.06.475. Slope. Slope means an inclined earth surface, the
inclination of which is expressed as the ratio of horizontal distance to
vertical distance.
Sec. 11.06.480. Slope, top. Slope, top means the uppermost limit
of an area where the ground surface drops ten {14�-feet or more vertically
within a horizontal distance of twenty-five k2Sr -feet on slopes greater than
forty f4&*percent.
Sec. 11.06.485. Streams. Streams means those areas where
surface waters produce a defined channel or bed. A defined channel or bed
is an area ••that demonstrates clear evidence of the passage of water
and includes, but is not limited to, bedrock channels, gravel beds, sand
and silt beds, and defined -channel swales. The channel or bed need not
contain water year-round. This definition is not intended to include
artificially created irrigation ditches, canals, storm or surface water
48 KCC 11.06
Critical Areas
Ordinance
devices, or other entirely artificial watercourses,_ unless they are used by
salmonids or created for the purposes of stream mitigation.
Sec. 11.06.490. Stream reconnaissance report. Stream
reconnaissance report means a type of critical area report prepared by an
applicant's qualified professional to describe a stream and to
characterize its conditions, wildlife, habitat values, and water quality.
Sec. 11.06.495. Structural diversity, vegetative. Structural
diversity, vegetative means the relative degree of diversity or complexity
of vegetation in a wildlife habitat area as indicated by the stratification or
layering of different plant communities (e.g., ground cover, shrub layer,
and tree canopy); the variety of plant species; and the spacing or pattern
of vegetation.
Sec. 11.06.505. Sub -basin. Sub -basin means a smaller drainaae
basin that is part of a larger drainage basin or watershed.
Sec. 11.06.500. Substantial improvement or reconstruction.
Substantial improvement or reconstruction means any repair,
reconstruction, or improvement the cost of which is more than fifty kw
percent of the market value of the structure either (1) before the
improvement is started or (2) before the damage occurred if the structure
damaged is being replaced. An improvement occurs when the first
alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not the alteration affects the external dimensions
of the structure. Substantial improvement does not include (1) an
improvement to comply with existing state or local health, sanitary or
safety (International Building Code/International Fire Code) specifications
which are necessary to assure safe conditions; or (2) alteration of a
49 KCC 11.06
Critical Areas
Ordinance
structure listed on the National Register of Historic Places or a state
inventory of historic places.
Sec. 11.06.505. Substrate. Substrate means the soil, sediment,
decomposing organic matter, or combination of those located on the
bottom surface of the wetland, lake, stream, or river.
Sec. 11.06.510. Temporary erosion control. Temporary erosion
control means onsite and offsite control measures that are needed to
control conveyance or deposition of earth, turbidity, or pollutants during
development, construction, or restoration.
Sec. 11.06.515. Unavoidable and necessary impacts.
Unavoidable and necessary impacts means impacts to wetla dsa critical
area or applicable buffers that remain after an applicant has demonstrated
that no practicable alternative exists for the proposed project. These
impacts are subject to the mitigation provisions contained in this chapter.
Sec. 11.06.520. Utility. Utility means natural gas, electric,
telephone, and telecommunications, cable communications, water, sewer,
or storm drainage and their respective facilities, lines, pipes, mains,
equipment, and appurtenances.
Sec. 11.06.525. Volcanic hazard area. Volcanic hazard area
means an area subject to a risk of inundation by lahars or other related
flooding events resulting from volcanic activity originating from Mount
Rainier. These areas are mapped as Inundation Zones for Class M lahars
on maps contained within: Hoblitt, R.P., Walder, J.S., Driedger, C.L., Scott,
K.M., Pringle, P.T., and Vallance, J.W., Volcano Hazards from Mount
Rainier, Washington, U.S. Geologic Survey Open File Report 98-428, 1998.
50 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.530. Wetland. Wetland or wetlands means areas that
are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally
created as a result of construction or alteration of a public road, street, or
highway. However, wetlands include those artificial wetlands intentionally
created to mitigate conversion of wetlands. Identification of wetlands and
delineation of their boundaries pursuant to this chapter shall be done in
accordance with the approved federal wetland delineation manual and
applicable regional supplements as set forth in WAC 173-22-035, as
amended.FeF identifying and delineating wetlands, the Washington State
used. Wetlands determined prior converted cropland (PCC) by federal
agencies may still be considered wetlands by the city of Kent. If these
wetlands meet requirements of the approved federal wetland delineation
manual` ashingten State ^,.paFtn nt of Ecology Plan , the wetlands
shall be regulated, and the critical area shall be protected like any other
wetland pursuant to this code.
Sec. 11.06.533. Wetland category. Wetland category means the
numeric designation (I through IV) assigned to a wetland to provide an
indication of that wetland's overall function and value. Wetland categories
rank the city's wetlands from highest (Category I) to lowest (Category IV).
51 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.535. Wetland class. Wetland class means the U.S.
Fish and Wildlife Service wetland classification scheme that uses an
hierarchy of systems, subsystems, classes, and subclasses to describe
wetland types (refer to USFWS, December 1979, Classification of Wetlands
and Deepwater Habitats of the United States for a complete explanation of
the wetland classification scheme). Eleven "class names are used to
describe wetland and deepwater habitat types. These include: forested
wetland, scrub -shrub wetland, emergent wetland, moss -lichen wetland,
unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom,
rocky shore, streambed, and reef.
Sec. 11.06.540. Wetland edge. Wetland edge means the
boundary of a wetland as delineated based on the definitions in this
chapter and the procedures specified in this chapter.
Sec. 11.06.543. Wetlands of high conservation value
(previously known as natural heritage wetland). Wetlands of high
conservation value means wetlands identified by the Washington State
Department of Natural Resources Natural Heritage Program as either high -
quality undisturbed wetlands or wetlands that support state threatened,
endangered, or sensitive plant species. Wetlands of high conservation
value inventories are available from the Washington State Department of
Natural Resources.
Sec. 11.06.545. Wildlife habitat. Wildlife habitat means areas
that provide food, protective cover, nesting, loafing, breeding or
movement for fish and wildlife and with which individual species have a
52 KCC 11.06
Critical Areas
Ordinance
primary association. Wildlife habitat includes naturally occurring ponds less
than undeF twenty {2&�acres in areasize.
Sec. 11.06.547. Wildlife -passable fence. Wildlife -passable fence
means a fence that is designed and placed to allow wild animals of all sizes
to pass beneath or through, in order to promote wildlife mobility and
habitat corridors. A wildlife -passable fence may include split -rail cedar, or
other non -pressure treated fencing type approved by the director.
Article III. General Mitigation and Monitoring
Sec. 11.06.550. Mitigation standards.
A. Mitigation sequencing shall be avoidance, minimization, mitigation.
Any proposal to impact a critical area shall demonstrate that it is
unavoidable or will provide a greater function and value to the critical area.
B. Adverse impacts to critical area functions and values shall be
mitigated. Mitigation actions shall be implemented in the preferred
sequence as identified in KCC 11.06.380in this chapter. Proposals
hochthat include less preferred and/or compensatory mitigation shall
demonstrate that:
1. All feasible and reasonable measures have been taken to
reduce impacts and losses to the critical area, or to avoid impacts where
avoidance is required by these regulations,; ^ OVided, that avoidance is
net regUiFed wherean applicant pFOpeses to foil eplaee a
hydF010gically iselated engeFgent GategOFY H! OF 1V wetland less than five
53 KCC 11.06
Critical Areas
Ordinance
2. The restored, created, or enhanced critical area or buffer will
at a minimum be as viable and enduring as the critical area or buffer area
it replaces.
3. In the case of wetlands and streams, no overall net loss will
occur in wetland or stream functions and values. The mitigation shall be
functionally equivalent to the altered wetland or stream in terms of
hydrological, biological, physical, and chemical functions.
4. In the case of isolated emergent Category III or IV wetlands
less than five thousand square feet in size, avoidance of impacts is not
required. However, replacement wetland area must be created pursuant to
KCC 11.06.660.D.
C. Mitigation banking and in -lieu fee mitigation. The city may approve
mitigation banking or in -lieu fee mitigation as a form of compensatory
mitigation for wetland and habitat conservation area impacts when the
provisions of this chapter require mitigation and the use of a mitigation
bank/in-lieu fee program will provide equivalent or greater replacement of
critical area functions and values when compared to conventional
permittee-responsible mitigation. Mitigation banks and in -lieu fee
programs shall only be used when it can be demonstrated that they
provide significant ecological benefits including long-term conservation of
critical areas, important species, and habitats or habitat linkages, and
when they are documented to provide a viable alternative to the
piecemeal mitigation for individual project impacts to achieve ecosystem -
based conservation goals. Mitigation banks and in -lieu fee programs shall
not be used unless they are certified in accordance with applicable federal
54 KCC 11.06
Critical Areas
Ordinance
and state mitigation rules and expressly authorized through city legislative
action.
Sec. 11.06.560. Location and timing of compensatory
mitigation.
A. Mitigation shall be provided onsite where possible, unless the
director agrees that a higher function and value can be accomplished
offsite within the same drainage basin. Mitigation may be allowed offsite
only when the director determines
that onsite mitigation is not scientifically feasible or
practical due to physical features of the property. The burden of proof shall
be on the applicant to demonstrate that mitigation cannot be provided
onsite.
B. When mitigation cannot be provided onsite, mitigation shall be
provided in the same drainage basin as the permitted activity on property
owned, secured, or controlled by the applicant where such mitigation is
practical and beneficial to the critical area and associated resources.
Mitigation sites shall be located within the city, unless otherwise approved
by the director.
C. In -kind mitigation shall be provided except when the applicant
demonstrates, and the director concurs, that greater function and value
can be achieved through out -of -kind mitigation.
D. When wetland, stream, or habitat mitigation is permitted by these
regulations onsite or offsite, the mitigation project shall occur near an
adequate water supply (river, stream, groundwater) with a hydrologic
connection to the critical area to ensure a successful mitigation or
55 KCC 11.06
Critical Areas
Ordinance
restoration. A natural hydrologic connection is preferential as compared to
one which relies upon manmade features requiring routine maintenance.
E. Any agreed upon mitigation plan shall be completed prior to
issuance of a building or construction permit, unless a phased or
concurrent schedule that assures completion prior to occupancy has been
approved by the department.
Sec. 11.06.570. Mitigation monitoring.
A. For any actions permitted by this chapter which require a mitigation
plan, a monitoring program shall be prepared and implemented by the
applicant to evaluate the success of the mitigation project and to
determine necessary corrective actions. This program shall determine if
the original goals and objectives of the mitigation plan are being met. The
monitoring program shall be submitted to, reviewed, and approved by the
department as a part of the mitigation plan.
B. The monitoring program shall include a contingency plan in the
event that implementation of the mitigation plan fails to satisfy the
approved goals and objectives. A perfom,anceand maintenance
tendfinancial guarantee or other -___p`tab!_ security device, acceptable to
both the director and the city attorney, is required to ensure the
applicant's compliance with the terms of the approved mitigation plan. The
amount of the financial guaran eepeFfOffigance and maintenance bond shall
equal one hundred twenty-five "percent of the cost of the mitigation
project for the length of the monitoring period. Financial guarantees shall
not be reduced or released until the maintenance and monitoring period is
complete and has been approved in writing by the director.
56 KCC 11.06
Critical Areas
Ordinance
C. The following elements shall be incorporated into monitoring
programs prepared to comply with this chapter and shall be a part of the
approved mitigation plan:
1. Appropriate, accepted, and unbiased qualitative or precise
and accurate quantitative sampling methods to evaluate the success or
failure of the project.
2. Quantitative sampling methods that include permanent
photopoints installed at the completion of construction and maintained
throughout the monitoring period, permanent transects, sampling points
(e.g., quadrants or water quality or quantity monitoring stations), and
wildlife monitoring stations.
3. Clearly stipulated qualitative and quantitative sampling
methods.
4. Appropriate qualitative and{er quantitative performance
standards that will be used to measure the success or failure of the
mitigation. These will include, at a minimum, standards for plant survival
and diversity, including structural diversity, the extent of wetland
hydrology, hydric soils, and habitat types and requirements as appropriate.
Where plantings are proposed, a soil analysis is required. Soil
amendments shall be considered as appropriate for site conditions.
5. Monitoring programs shall be for a period of at least five kS}
years and include at a minimum: preparation of an as -built plan; annual
monitoring and preparation of annual monitoring reports following
implementation; and a maintenance plan. Monitoring periods may be
reduced to three years at the discretion of the director if the annual
57 KCC 11.06
Critical Areas
Ordinance
monitoring report proves that the mitigation project has met established
performance standards. More stringent monitoring requirements may be
required on a case -by -case basis for more complex mitigation plans.
6. Monitoring reports shall be submitted to the department at
intervals identified in the approved mitigation plan. A schedule for the
submittal of monitoring reports and maintenance periods shall be
described in the approved mitigation plan. The reports shall be prepared
by a qualified censultai-Ap-rofessional and must contain all qualitative and
quantitative monitoring data, photographs, and an evaluation of each of
the applicable performance standards. If performance standards are not
being met, appropriate corrective or contingency measures must be
identified and implemented to ensure that performance standards will be
met.
7. The director may extend the monitoring period beyond the
minimum time frame if performance standards are not being met at the
end of the initial five {§}year period; and may require additional financial
seCUFities OF bond guarantees to ensure that any additional monitoring
and contingencies are completed to ensure the success of the mitigation.
Article IV. Wetlands
Sec. 11.06.580. Wetlands rating system.
A. Wetlands are classified as Category I, II, III, or IV based on the
2014 Washington State Wetland Rating System for Western Washington,
Washington State Department of Ecology Publication No. ^^�2514-06-
029, published October, August 20042014.
58 KCC 11.06
Critical Areas
Ordinance
B. Wetland rating categories shall not recognize illegal modifications
that have been made to a wetland or its buffers.
Sec. 11.06.590. Determination of wetland boundary by
delineation.
A. The approved federal wetland delineation manual and applicable
regional supplements shall be used to conduct wetland delineations.
Delineations shall be required when a development is proposed on
property containing wetlands identified on the city of Kent wetland
inventory or when any other credible evidence may suggest that wetlands
could be present. Delineations shall also be performed when the evidence
suggests that buffers €FOn9 of wetlands on adjacent properties may have an
impact on the proposed development.
B. The exact location of the wetland boundary shall be determined
through the performance of a field investigation applying the wetland
definition of this chapter. An applicant n9ay Fequiest the depaFtngent to
peFfOffiq the delineation, PFOVided the applicant pays the depaFtngent feF all
necessaFy eXpenses asseciatea with performing the delineation. The
depaFtngent shall consult with qualified PFOfessienal scientists and technical
applicant has provided a delineation of the wetland boundary, the
department shall verify the accuracy of, and may render adjustments to,
the boundary delineation. The decision of the department may only be
appealed pursuant to procedures outlined in this chapter.
C. The delineation shall contain the following information:
59 KCC 11.06
Critical Areas
Ordinance
1. A written assessment and accompanying maps of wetlands
and buffers within two hundred seventy-five f2q-5j feet of the project area,
including the following information at a minimum: all known wetland
inventory maps (including a copy of the city of Kent wetland inventory
map); field delineation data sheets, wetland rating forms, wetland
delineations and required buffers; existing wetland acreage; wetland
category; vegetative, faunal, and hydrologic characteristics; soil and
substrate conditions; and topographic data.
2. A discussion of measures, including avoidance, minimization,
and mitigation proposed to preserve existing wetlands and restore any
wetlands that were degraded prior to the current proposed land use
activity, a discussion of the wetland's hydrologic regime, discussion of
existing wetland functions, landscape setting, and discussion of potential
direct or indirect impacts that may occur to the wetland due to the
proposed activity.
3. A habitat and native vegetation conservation strategy that
addresses methods to protect and enhance onsite habitat and wetland
functions.
D. A wetland delineation ••that has been cenf;,;medapproved by the
department pursuant to a properly vested and valid city permit or land use
approval SEPA Feview for a proposed project shall be binding upon the city
and the applicant. If the department has approved a wetland delineation
report ha-s-that is not part of a properly vested and valid city permit or land
use approval, gone thFO gh SERA Feview as a aFt of the application
PFeeess, arrdor the eifydepartment has approved a wetland delineation
report for another purpose, the wetland delineation report shall be valid for
a period of fivetwe-F2� years from the date of the approved report.
60 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.600. Wetland buffers and building setback lines.
A. Purpose.
1. The establishment of buffers is required for all development
proposals and activities in or adjacent to wetlands. The purpose of the
buffer is to protect the integrity, function, value, and resources of the
wetland. Buffers shall typically consist of an undisturbed area of native
vegetation established to achieve the purpose of the buffer. No building
structures, impervious surfaces or nonnative landscaping are allowed in a
buffer unless otherwise permitted by this chapter. Where flexible buffer
widths are permitted by this chapter, such enhancement shall be
considered in determining appropriate buffer widths. Buffers must be
protected during construction by placement of a temporary barricade,
notice of the presence of the critical area, and implementation of
appropriate erosion and sedimentation controls.
2. Required buffer widths shall reflect the functions and values
of the wetland, the risks associated with development, and the type and
intensity of human activity proposed to be conducted near the wetland in
those circumstances where such activity is permitted by these regulations.
B. Standard buffer widths.
1. Standard buffers shall be determined by the wetland category
pursuant to KCC 11.06.580 and the habitat score from the Washington
State Wetland Rating System for Western Washington, Washington State
Department of Ecology Publication No. 14-06-02904 ^vT06 025, published
October, st 29942014. Standard buffers shall be applied to wetlands
61 KCC 11.06
Critical Areas
Ordinance
unless otherwise reduced pursuant to subsection (C8) of this section,
increased pursuant to subsection (DG) of this section, or otherwise
adjusted under other provisions of this chapter. Standard buffers (in feet)
and reduced buffers permitted pursuant to subsection 8&I of this section
are provided in the following table:
Category I I125 I100 I150 I125 I225 I200
Category II 100 I75 125 110 200 175
Category
III 75 60 125 110 n/a n/a
Category IV 50 40 n/a n/a n/a n/a
2. Wetland buffer zones shall be required for all regulated
activities adjacent to wetlands. Any wetland created, restored, or
enhanced as compensation for approved wetland alterations shall also
include the standard buffer required for the category of the created,
restored, or enhanced wetland. All buffers shall be measured from the
wetland boundary as surveyed in the field. The width of the wetland buffer
zone shall be determined according to the rating assigned to the wetland.
62 KCC 11.06
Critical Areas
Ordinance
3. Bogs shall have a standard buffer of two hundred fifteen
"Meet. However, a twenty-five {�,r�foot reduction is allowed with
implementation of subsection 8&I of this section.
4 Matt,.l heFitage wetland Wetlands of high conservation value
shall have a standard buffer of two hundred fifteen "Meet. However, a
twenty-five (25) foot reduction is allowed with implementation of
subsection SLCJ of this section.
CS. Reduced buffer widths. Standard buffer widths, as noted in
subsection (B) of this section, may be reduced through a combination of
buffer enhancement and mitigation measures. The applicant must
demonstrate that by enhancing the buffer and use of applicable mitigation
measures identified in the following table, the reduced buffer will function
at a level equivalent to or greater than the level of the standard buffer.
1. Prior to approval of a reduced buffer, a critical areas
application shall meet all of the criteria listed below. A reduced buffer will
be approved only if:
a. It will provide an overall improvement in water quality;_
b. It will provide an overall enhancement to fish, wildlife,
or their habitat;
C. It will not result in an alteration of current drainage
and stormwater detention capabilities;
d. It will not lead to unstable earth conditions or create
an erosion hazard;
63 KCC 11.06
Critical Areas
Ordinance
e. It will not be materially detrimental to any other
Property or the city as a whole; and
f. All exposed areas are stabilized with native vegetation,
as appropriate.
2. Standard buffer widths as noted in subsection fl-LW—of this
section may be reduced, as provided in that subsection's table, if the
applicant implements all applicable mitigation measures identified in the
following table:
i71
Lights
• Parking lots
• Direct lights
• Warehouses
away from
• Manufacturing
wetland
• Residential
Noise
• Manufacturing
Locate
• Residential
activity that
generates
noise away
from wetland
Toxic
• Parking lots
0 Route all
runoff*
• Roads
new,
• Manufacturing
untreated
• Residential areas
runoff away
ZI
KCC 11.06
Critical Areas
Ordinance
Change
water
regime
inl
rrri
That
• Application of
agricultural pesticides
• Landscaping
surfaces
9--Lawns
• Tilling
Impermeable
Pets and • Residential areas
human
from wetland
while ensuring
wetland is not
dewatered
• Establish
covenants
limiting use of
pesticides
within 150 feet
of wetlands
• Apply
integrated
pest
management
• Infiltrate or
treat, detain,
and disperse
nto buffer
new runort
From
mpervious
surfaces and
new lawns
65 KCC 11.06
Critical Areas
Ordinance
disturbance
Dust
• Tilled fields
M
* These examples are not nei
minimizing toxic runoff if thre
species are present.
KCC 11.06
Critical Areas
Ordinance
i71
• This is not a complete list of measures. Othe
similar measures may be proposed by the applican
for approval by the director or his/her designee.
• Applicant shall discuss all applicable mitigat
measures in the mitigation plan, including ben(
to the wetlands for those used and rationale for
including specific measures.
DG. Increased buffer widths.
1. If a Category I or II wetland with a habitat score greater than
fivetwei=�ty {34)—points is located within three hundred f380-)feet of a
priority habitat area as defined by the Washington State Department of
Fish and Wildlife, or as mapped by the city of Kent as a priority habitat
area in accordance with the Washington State Department of Fish and
Wildlife definitions, the buffer established in subsection ALBI of this section
shall be increased by fifty kWfeet unless:
a. The applicant provides a relatively undisturbed
vegetated corridor at least one hundred (389) feet wide between the
wetland and all priority habitat areas located within three hundred {399}
feet of the wetland. The corridor shall be protected for the entire distance
between the wetland and the priority habitat area pursuant to KCC
11.06.640; and
67
KCC 11.06
Critical Areas
Ordinance
b. The applicant incorporates all applicable mitigation
design criteria pursuant to subsection 8&I of this section.
2. The director may require increased buffer widths on a case -
by -case basis when a larger buffer is necessary to protect species listed by
the federal government or the state as endangered, threatened, sensitive,
or documented priority species or habitats. Such increased buffers shall be
based on recommendations by a qualified professional wetland biologist
and, if applicable, best management practices for protection of the species
adopted by an agency with jurisdiction.
ED. Buffer averaging.
68 KCC 11.06
Critical Areas
Ordinance
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified Alta-Rtprofessional and as
approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
C. The total area contained within the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
d. At no point shall the buffer width be reduced by more
than f ft�- percent of the standard buffer or be less than
twenty five /'lC\ thirty-seven and one half feet.
e. The additional buffer shall be contiguous with the
standard buffer and located in a manner to provide buffer functions to the
wetland.
f. If the buffers are degraded pursuant to KCC 11.06.227,
they shall be restored pursuant to an approved restoration/enhancement
plan.
69 KCC 11.06
Critical Areas
Ordinance
g. If restoration or enhancement of the buffer is required
in order to establish a suitable growth of native plants, maintenance and
monitoring of the buffer for a period of at least #wee -five {}years shall be
provided pursuant to an approved monitoring plan as required by KCC
11.06.570, including an appropriate financial guarantee until the
maintenance and monitoring period is completed and has been approved
by the city.
F€. Buffer restoration required. If the buffers, including both standard
buffers and buffers which are averaged, are degraded, they shall be
restored during development pursuant to an approved restoration plan. If
the plan includes establishing a suitable growth of native plants,
maintenance and monitoring of the buffer for a period of at least three five
{}years shall be provided pursuant to an approved monitoring plan as
required by KCC 11.06.570, including an appropriate financial guarantee
until the maintenance and monitoring period is completed and has been
approved by the city. Where it can be demonstrated that there will be no
impacts from the proposed development to the wetland or wetland buffer,
the director shall have the authority to waive or modify this requirement.
€G. Required report for buffer averaging —reduction andfor
reductienaveracina. A request to reduce the buffer or buffer average
pursuant to subsections—D(g)or (E) of this section shall be supported by a
buffer enhancement/restoration plan prepared by a qualified professional.
The plan shall assess the habitat, water quality, storm water detention,
groundwater recharge, shoreline protection, and erosion protection
functions of the buffer; assess the effects of the proposed decreased or
modified buffer on those functions; and address the applicable criteria
listed in this section. A buffer restorationand/or enhancement plan shall
also provide the following: (1) a map locating the specific area of
70 KCC 11.06
Critical Areas
Ordinance
restoration }or enhancement; (2) a planting plan that uses native plant
species indigenous to this region including groundcover, shrubs, and trees;
and (3) provisions for monitoring and maintenance throughout the
monitoring period.
HG. Buffer condition. Except as otherwise allowed by this section,
wetland buffers shall be retained in their natural condition. Where buffer
disturbance has occurred during construction, re -vegetation with native
vegetation shall be required pursuant to an approved
restoration/enhancement plan consistent with this code.
144. Buffer utilization for landscape requirements. Enhanced wetland
buffers may be used to satisfy landscaping requirements in Gr.Chapter
15.07 KCC wherewhen all of the following criteria are satisfied:
1. The buffer, as enhanced by applicant, will provide equivalent
or greater protection of wetland functions.
2. The enhanced buffer will meet the landscaping requirements
as outlined in Gh-.Chapter 15.07 KCC. The proposed landscape vegetation
satisfies wetland buffer vegetation requirements.
3. The enhanced buffer is of the full landscape width required by
C6-.Chapter 15.07 KCC.
31. Permitted uses in a wetland buffer. Activities shall not be allowed in
a wetland buffer except for the following, and then only when properly
mitigated and conducted in a manner so as to minimize impacts to the
buffer and the adiacent wetland:
71 KCC 11.06
Critical Areas
Ordinance
1. When the improvements are part of an approved
enhancement, restoration, or mitigation plan.
2. For construction of new public or private roads and utilities,
and accessory structures, when no practicable alternative location exists.
3. Construction of foot, pedestrian or bicycle trails, according to
the following criteria:
a. Designed to minimize impact on the wetland system.
bd. Where feasible, located within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the
wetlandstreang, except to cross a wetlandstreang when approved by the
city and all other applicable agencies and except as appropriate to provide
outlook points or similar locations for recreational, educational, scientific,
and other purposes which will not adversely affect the overall functions
and values of the wetland.
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing
platforms and informational signs.
72 KCC 11.06
Critical Areas
Ordinance
6. The eConstruction of outdoor recreation structures, such as
fishing piers, boat launches, armbenches, and picnic tables.
7. Maintenance of pfeexisting facilities or temporary uses having
minimal adverse impacts on buffers and no adverse impacts on wetlands.
These may include but are not limited to: maintenance of existing drainage
facilities, low intensity passive recreational activities such as pervious
trails, nonpermanent wildlife watching blinds, short-term scientific or
educational activities, and sports fishing.
8. Stormwater discharge outlets with energy dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as allowed feasible bythrough proper design and function of the
discharge system. To the extent that construction of such outlets impacts
vegetation in the buffer, restoration of the vegetation shall be required.
9. Ongoing city maintenance activities by its public works and
parks department vegetation and management divisions shall be permitted
to continue general maintenance of wetlands and associated buffers.
Maintenance shall include but not be limited to trash removal, removal of
nonnative vegetation, maintenance of existing vegetation as necessary,
restoration, enhancement, and sign and fence maintenance.
K3. Building setback
lines. A
minimum building setback
Iinel3Sl3L of
fifteen fIS)—feet shall
be required from the edge of a
wetland buffer,
provided the director may reduce
the building setback limit by up to five
{S�-feet if construction,
operation,
and maintenance of the
building dedoes
not and will not create
a risk of
negative impacts on the
adjacent buffer
area. Alterations of the building
setback lines shall not
be permitted to
73 KCC 11.06
Critical Areas
Ordinance
create additional lots for subdivisions. Approval of alterations of the BSBL
shall be provided in writing by the director, , and may
require mitigation such as buffer enhancement.
Sec. 11.06.610. Avoiding wetland impacts. Regulated activities
shall not be authorized in Category I wetlands except where it can be
demonstrated that the impact is both unavoidable and necessary as
described below, or that all reasonable economic uses are denied.
ciciSc which aoalia not involive wetland
impaEtS; OF which would net have
B. Where regulated activities are proposed, the
applicant must demonstrate that:
1. The basic project purpose cannot reasonably be accomplished
using an alternative site in the general region that is available to the
applicant.
2. A reduction in the size, scope, configuration, or density of the
project as proposed; and all alternative designs of the project as proposed
that would avoid or result in less adverse impacts on a wetland or its
buffer will not accomplish the basic purpose of the project.
3. In cases where the applicant has rejected alternatives to the
project as proposed due to constraints such as zoning, deficiencies of
74 KCC 11.06
Critical Areas
Ordinance
infrastructure, or parcel size, the applicant has made a reasonable attempt
to remove or accommodate such constraints.
EB. Filling of a hydrelegieaHy an isolated emergent Category III or
Category IV wetland less than five thousand (5,0 square feet in size
shall be permitted, provided a replacement wetland area is created
pursuant to KCC 11.06.660(D).
FOF the PUFPeses of this section, a hydF010gically isolated wetland shall be
IN
Sec. 11.06.630. Fencing and signage. All development and
subdivisions to which this chapter applies shall construct a wildlife -
passable fence along the entire wetland buffer edge, unless otherwise
75 KCC 11.06
Critical Areas
Ordinance
approved by the director. `"'—Critical sensitive area signs must also
be attached to the fence or located just inside the wildlife -passable fence
attached to a four {4)—by four {4)—inch cedar post (or other nonpressure
treated materials approved by the city). Signs must be located at a rate of
one {Wsign per residential lot and one {Wsign per one hundred "
feet for all public rights -of -way, trails, parking areas, playgrounds, and all
other uses located adjacent to wetlands and associated buffers.
Sec. 11.06.640. Sensitive area tracts.feasements.
A. Condition of approval. As a condition of approval pursuant to this
chapter, the director shall require creation of a separate sensitive area
tract containing the areas determined to be wetlands—and—Jor wetland
buffers. Sensitive area tracts{ or easements are separate tracts containing
wetlands and wetland buffers with perpetual deed restrictions requiring
that the tracts remain undeveloped. Sensitive area tracts are an integral
part of the lot in which they are created, are not intended for sale, lease,
or transfer, and may be included in the area of the parent lot for purposes
of subdivision method and minimum lot size.
B. Protection of—wetlandsl and buffers=ensit4� area tract,.. The
director shall require that a see critical area be protected by one fl-)
of the following methods:
1. Protection of a regulated wetland and its associated buffer
shall be provided by placina it in a separate tract on which development is
prohibited; executing an easement in favor of the city, in a form and
manner acceptable to both the director and the city attorney; dedication to
a conservation organization or land trust; or similarly preserved through a
permanent protective mechanism acceptable to the city. The location and
76 KCC 11.06
Critical Areas
Ordinance
limitations associated with the wetland and its buffer shall be shown on the
face of the deed or plat, as applicable, to the property and shall be
recorded with the King County recorder's office,; orThe applicant s
dedicate to the eity, OF etheF public OF nenPFOfit entity specified by the
diFeCtOF,
an easengent OF tFact fOF the PFOtectien of native vegetation within
2. The applicant shall record against the property a permanent
and irrevocable deed restriction on all lots containing a sensitive area tract
or tracts created as a condition of approval. SuehAll deed restriction�sj
shall be approved by the director and the city attorney and shall prohibit in
perpetuity the development, alteration, or disturbance of vegetation within
the sensitive area tract except for purposes of habitat enhancement as
part of an enhancement project which has received prior written approval
from the city and any other agency with jurisdiction over such activity.
Sec. 11.06.650. Notice on title. The owner of any property with
field -verified presence of wetlands or wetland buffers for which a permit
application is submitted shall, as a condition of permit issuance, record a
notice of the existence of such wetland or wetland buffer against the
property with the King County recorder's office. The notice shall be
approved by the director and the city attorney for compliance with this
provision. The titleholder will have the right to challenge this notice and to
have it released if the wetland designation no longer applies; however, the
applicant shall be responsible for completing a wetland delineation report,
which will be subject to approval by the director. Any unapproved
alterations of a wetland will constitute Fesu it On a code violation and will be
enforced to the fullest extent of the Kent City Code.
Sec. 11.06.660. Compensating for wetland impacts.
77 KCC 11.06
Critical Areas
Ordinance
A. Condition of approval. As a condition of any approval allowing
alteration of wetlands afl-E{or wetland buffers, or as an enforcement action,
the director shall require that the applicant engage in the restoration,
creation, or enhancement of wetlands and their buffers in order to offset
the impacts resulting from the applicant's or violator's actions. The
applicant shall develop a plan that provides for construction, maintenance,
and monitoring of replacement wetlands afl-E{or buffers and, as
appropriate, land acquisition that re-creates as nearly as practicable or
improves the original wetlands in terms of acreage, function, geographic
location, and setting. Compensatory mitigation plans shall be consistent
with Wetland Mitiqation in Washington State — Part 2: Developing
Mitiqation Plans --Version 1,(Ecology Publication #06-06-011b, Olympia,
WA, March 2006 or as revised) and Selecting Wetland Mitiqation Sites
Using a Watershed Approach (Western Washington) (Publication #09-06-
32, Olympia, WA, December 2009), and may incorporate guidance from
Calculatina Credits and Debits for Compensatory Mitigation in Wetlands of
Western Washington (Ecology Publication #10-06-011. Hruby. 2012).
B. Goal. The overall goal of any compensatory mitigation project shall
be no net loss of overall wetland acreage or function and to replace any
wetland area lost with wetland(s) and buffers of equivalent functions and
values. Compensation shall be completed prior to wetland destruction,
where practicable. Compensatory mitigation programs shall incorporate
the standards and requirements contained in KCC 11.06.550 and
11.06.560.
Preference of Mitiqation Actions. Mitigation for lost or diminished wetland
78 KCC 11.06
Critical Areas
Ordinance
and buffer functions shall rely on the types below in the following order of
preference:
1. Restoration (re-establishment and rehabilitation) of wetlands:
a. The goal of re-establishment is returning natural or
historic functions to a former wetland. Re-establishment results in a gain in
wetland acres and functions. Activities could include removing fill material,
plugging ditches, or breaking drain tiles.
b. The goal of rehabilitation is repairing natural or historic
functions of a degraded wetland. Rehabilitation results in a gain in wetland
function but does not result in a gain in wetland acres. Activities could
involve breaching a dike to reconnect wetlands to a floodplain.
2. Establishment (creation) of wetlands on disturbed upland
sites such as those with vegetative cover consisting primarily of non-native
species. Establishment results in a gain in wetland acres. This should be
attempted only when there is an adequate source of water and it can be
shown that the surface and subsurface hydrologic regime is conducive to
the wetland community that is anticipated in the design.
a. If a site is not available for wetland restoration to
compensate for expected wetland or buffer impacts, the approval authority
may authorize creation of a wetland and buffer upon demonstration by the
applicant's qualified wetland scientist that:
i. The hydrology and soil conditions at the
proposed mitigation site are conducive for sustaining the proposed wetland
and that creation of a wetland at the site will not likely cause hydrologic
problems elsewhere;
79 KCC 11.06
Critical Areas
Ordinance
ii. The proposed mitigation site does not contain
invasive plants or noxious weeds or that such vegetation will be completely
eradicated at the site;
iii. Adiacent land uses and site conditions do not
ieopardize the viability of the proposed wetland and buffer (e.g., due to
the presence of invasive plants or noxious weeds, stormwater runoff,
noise, liaht, or other impacts); and
iv. The proposed wetland and buffer is designed to
be self-sustaining with little or no Iona -term maintenance.
3. Enhancement of significantly degraded wetlands in
combination with restoration or creation. Enhancement should be part of a
mitigation package that includes replacing the altered area and meeting
appropriate ratio requirements. Enhancement is undertaken for specified
purposes such as water quality improvement, flood water retention, or
wildlife habitat. Enhancement alone will result in a loss of wetland acreage
and is less effective at replacing the functions lost. Applicants proposing to
enhance wetlands or associated buffers shall demonstrate:
a. How the proposed enhancement will increase the
wetland's or the buffer's functions;
b. How this increase in function will adequately
compensate for the impacts; and
C. How all other existing wetland functions at the
mitigation site will be protected.
80 KCC 11.06
Critical Areas
Ordinance
D. Acreage replacement and enhancement ratio. Wetland alterations
shall be replaced or enhanced using the formulas in the table below;
however, the director may choose to double mitigation ratios in instances
where wetlands are filled or in9paetednegatively affected as a result of
code violations. The first number specifies the acreage of wetlands
requiring replacement and the second specifies the acreage of wetlands
altered. These ratios do not apply to remedial actions resulting from illegal
alterations.
a. By ffeatien of new wetlands at a Fatie of sox (6) to one
M,
b. By CFeatien of new wetlands at a Fatie of one (1) to one
\1/i e
ii 111
81 KCC 11.06
Critical Areas
Ordinance
er_r_■pqvs_r9 e*r_t:rwr����c�a
C13
a. By CFeatmen of new wetlands at a Fatme of two (2) to one
82 KCC 11.06
Critical Areas
Ordinance
IM._c���� z
Category and
Re-establishment
Re-establishment or
Type of Wetland
or Creation
Creation (R/Q and
Impacts
Enhancement €
Category IV
1.5:1
1:1 R/C and 1:1 E
Category III
2:1
1:1 R/C and 2:1 E
Category II
3:1
1:1 R/C and 4:1 E
Category I
6:1
1:1 R/C and 10:1 E
Category I
Not considered
R/C Not considered possible
Wetlands of High
possible
Conservation
Value
Category I Bog
Not considered
R/C Not considered possible
possible
NOTE: Category I,
II, and III wetland alterations can also be made by a
combination of creation of new wetlands and enhancement of existing
wetlands within the range of the ratios set out in the table so long as a
minimum one to one creation ratio is met (for example, creation of new
wetlands at a one and one-half to one ratio along with enhancement of
existina wetlands at a ratio of five to one may be acceptable for a Category
83 KCC 11.06
Critical Areas
Ordinance
E. Decreased replacement ratio. The director may decrease the
required replacement ratio where the applicant provides the mitigation
prior to altering the wetland, and a minimum acreage replacement ratio of
one {l}to one {l}is provided. In such a case, the mitigation must be in
place, monitored for three {}growing seasons and be deemed a success
prior to allowing any alterations.
F. Buffer mitigation ratios. Impacts to buffers shall be mitigated at a
1:1 ratio. Compensatory buffer mitigation shall replace those buffer
functions lost from development.
G€. Wetlandat mitigation bank or in -lieu fee program. The city
may approve mitigation banking or in -lieu fee mitigation as a form of
compensatory mitigation for wetland impacts when the provisions of this
chapter require mitigation and when the use of a mitigation bank or in -lieu
fee program will provide equivalent or greater replacement of wetland
functions and values when compared to conventional permittee-
responsible mitigation. Mitigation banks and in -lieu fee programs shall only
be used when it can be demonstrated that they provide significant
ecological benefits, including long-term conservation of critical areas,
important species, habitats or habitat linkages, and when they are
documented to provide a viable alternative to the piecemeal mitigation for
individual proiect impacts to achieve ecosystem -based conservation goals.
Mitigation banks and in -lieu fee programs shall not be used unless they are
84 KCC 11.06
Critical Areas
Ordinance
certified in accordance with applicable federal and state mitigation rules
and expressly authorized throuah citv leaislative action.. "gitiaatmen n9ay "-
__..._..__. ...........
allowed to n9itigate using a wetland bank site. A Feview of the feasibility e
ensite mitigation will be FeqUiFed to be PFOOF to allowing mitigation CFedits
fFeng a mitigation bank.
GH. Wetland type. In -kind compensation shall be provided except that
out -of -kind compensation may be accepted where:
1. The wetland system to be replaced is already significantly
degraded and out -of -kind replacement will result in a wetland with greater
functional value.
2. Technical problems such as exotic vegetation and changes in
watershed hydrology make implementation of in -kind compensation
impracticable.
3. Out -of -kind replacement will best meet identified regional
goals (e.g., replacement of historically diminished wetland types)
I. Advance mitigation. Mitigation for proiects with pre -identified
impacts to wetlands may be constructed in advance of the impacts if the
mitigation is implemented according to federal rules, state policy on
advance mitigation, and state water quality regulations.
J++. Location. Compensatory mitigation actions shall be conducted onsite
or within the same sub -basin as the impact site unless the applicant can
85 KCC 11.06
Critical Areas
Ordinance
1. The hydrology and ecosystem of the original wetland and
those who benefit from the hydrology and ecosystem will not be
substantially damaged by the onsite loss.
2.-Onsite compensation is not feasible due to problems with
hydrology, soils, or other factors.
3.2-. Compensation is not practical due to potentially adverse
impacts from surrounding land uses.
4.-3-. Existing functional values at the site of the proposed
restoration are significantly greater than lost wetland functional values.
5.4. Adopted goals for flood storage, flood conveyance, habitat, or
other wetland functions have been established and strongly justify location
of compensatory measures at another site.
Kl. Offsite compensation. Offsite compensation shall occur within the
Green River Watershedsange dFainage basin"as the • etlan' less OCCUF
unless:
1. Established watershed goals for water quality, flood storage
or conveyance, habitat, or other wetland functions have been established
by the city and stronger justify location of mitigation at another site;
86 KCC 11.06
Critical Areas
Ordinance
2. Credits from a state -certified wetland mitigation bank are
used as compensation, and the use of credits is consistent with the terms
of the certified bank instrument; or
3. Fees are paid to an approved in -lieu fee program to
compensate for the impacts.
D. Offsite compensation site selection. in __!__}:__ compensation sites
_...� __:'.fir _..___._.. _.___
fer CFeatien OF enhance +�t, When considering off site mitigation,
preference should be given to using alternative mitigation, such as a
mitigation bank, an in -lieu fee program, or advanced mitigation.
Aapplicants shall pursue siting in the following order of preference:
1. Upland sites which were formerly wetlands afl-E{or
significantly degraded wetlands. Such wetlands are typically small; have
only one {l}wetland class; and have one {l}dominant plant species or a
predominance of exotic species.
2. Idle upland sites generally having bare ground or vegetative
cover consisting primarily of exotic introduced species, weeds, or emergent
vegetation.
3. Other disturbed upland.
M4. Timing. Where feasible, compensatory projects shall be completed
prior to activities that will disturb wetlands, or immediately after activities
that will temporarily disturb wetlands, or prior to use or occupancy of the
activity or development which was conditioned upon such compensation.
87 KCC 11.06
Critical Areas
Ordinance
Construction of compensation projects shall be timed to reduce impacts to
existing fisheries, wildlife,_ and flora.
Nt. Completion of mitigation construction.
On
completion
of
construction, any approved mitigation project must
be
signed off by
the
applicant's qualified censulta-Rtprofessional and
approved by
the
department. A signed letter from the consultant
will
indicate that
the
construction has been completed as approved,
and
approval of
the
installed mitigation plan will begin the monitoring period
if appropriate.
Article V. Fish and Wildlife Habitat Conservation Areas
Sec. 11.06.670. Stream classifications and rating.
A. To promote consistent application of the standards and
requirements of this chapter, streams within the city of Kent shall be rated
or classified according to their characteristics, function, and value, }or
their sensitivity to disturbance.
B. Classification of streams shall be determined by the department
based on consideration of the following factors:
1. Approved technical reports submitted by qualified consultants
professionals in connection with applications for activities subject to these
regulations must contain those criteria outlined in section 11.06.070, and
the following:
a. Hydrologic mapping showing patterns of water
movement into, through, and out of the site area; and
88 KCC 11.06
Critical Areas
Ordinance
b. Specific descriptions of streams, including gradient and
flow characteristics; stream bed condition; stream bank and slope
stability; presence of fish or habitat for fish; presence of obstructions to
fish movement;_aeneral water quality; stream bank vegetation; and a
summary of existing stream value for fisheries habitat.
2. Application of the criteria contained in these regulations; and
3. Maps adopted pursuant to this chapter.
C. Streams shall be designated Types 1 through 3 as follows:
1. Type 1 Water means all shorelines identified in the Kent
shoreline master program.
2. Type 2 Water means salmonid bearing segments of natural
waters not classified as Type 1 Water, with documented salmonid use. T*ris
aFea of one "` aCFe OF gFeateF at seasonal low • ateF. Salmonid bearing
waters are used by fish for spawning, rearing or migration.
3. Type 3 Water means nonsalmonid segments of natural waters
not classified as Type 1 or 2 Water. These are stream segments within the
bankfull width of defined channels that are perennial and intermittent
nonsalmonid habitat streams. These waters begin at a point along the
channel where documented salmonid fish use ends.
Sec. 11.06.680. Stream buffer areas, setbacks, fencing and
signage.
A. PurposeGener l
89
KCC 11.06
Critical Areas
Ordinance
1. The establishment of buffers sha„ Deis required for all
development proposals and activities in or adjacent to streams. The
purpose of the buffer shall Deis to protect the integrity, function, value,
and resources of the stream. Buffers shall typically consist of an
undisturbed area of native vegetation established to achieve the purpose
of the buffer. No buildings, structures, impervious surfaces or nonnative
landscaping shall allowed in a buffer unless otherwise permitted by
this chapter. if the site has . sly been diSt Fbed the bu ffeF aFea hall
Where flexible
buffer widths are permitted by this chapter, such enhancement shall be
considered in determining appropriate buffer widths. Buffers sh"must be
protected during construction by placement of a temporary barricade,
notice of the presence of the critical area, and implementation of
appropriate erosion and sedimentation controls.
2. Required buffer widths shall reflect the functions and values
of the stream, the risks associated with development, and the type and
intensity of human activity proposed to be conducted on or near the
stream in those circumstances where such activity is permitted by these
regulations.
as defined by this chapteF, of fifteen (15) feet fFeng the edge of a" StFeang
90 KCC 11.06
Critical Areas
Ordinance
B. Standard buffer widths. The following standard buffers are
established for streams, as measured from the ordinary high water mark.
Stream Type Standard Buffer
Type 1 Per Kent SMP
Type 2 100 feet
Type 3 40 feet
C. Valley stream buffers. A special stream buffer and
mitigation/enhancement program shall apply to the industrialized areas
adjacent to portions of Mill Creek, Garrison Creek, and Springbrook Creek
on the valley floor. These areas are substantially developed for industrial
uses and existing, historical setbacks are typically less than fifty ksoyfeet.
Existing buffers are degraded. These areas are generally identified by the
valley stream overlay map. The valley stream overlay area is generally
described as that area beginning at the Kent city limits where the Green
River and South 180th Street intersect, following South 180th Street
easterly to the eastern right-of-way line to SR 167, then moving south
along the SR 167 eastern right-of-way line to the intersection of 898th
Avenue South, then along the Green River Valley floor to West Smith
Street, then east along West Smith Street to East Titus Street, then along
East Titus Street to Central Avenue, then following the Green River Valley
floor to the Green River, then following the eastern edge of the Green
91 KCC 11.06
Critical Areas
Ordinance
River to the point of beginning. The following standards shall apply to
development proposals adjacent to streams within the overlay
1. Stream buffers shall be fifty {SG) -feet.
2. The goal of the special program applicable to these streams
shall be to enhance existing vegetation and habitat to accomplish sediment
removal and erosion control, pollutant removal, placement of large woody
debris, and particularly to control water temperature. These objectives can
be accomplished with the required buffers.
3. The entire stream buffer shall be enhanced pursuant to aA
buffer management and enhancement plan consistent
with the mitigation performance standards in this section.
4. Buffer reductions are not be
ittedallowed except as permitted through the reasonable use
provisions of KCC 11.06.090 or the variance provision of KCC 11.06.100.
D. Increased buffers. A buffer width greater than the standard may be
required by the city based on the findings of site -specific studies prepared
consistent with these regulations, or to comply with state or federal plans
to preserve endangered or threatened species.
E. Buffer aver-ag Wreduction with enhancement. Standard buffer
widths for dearaded buffers may be reduced for Tvoe 2 streams onlv.
subiect to the following criteriaThe depaFtngent n9ay peffigit bu ffeF width
and in accordance with the stream
report, subject to the following CFit Fla:
92 KCC 11.06
Critical Areas
Ordinance
1. Stream and riparian functions will not be reduced.
2. Salmonid habitat will not be adversely affected.
3. Additional enhancement of habitat is provided in conjunction
with the reduced buffer.
45. The buffer width is not reduced by more than €ift}-twenty five
FA*percent in any location.
56. All reduced buffers shall be mitigated through buffer
enhancement pursuant to the requirements of KCC 11.06.550.
F. Activities within buffer. No structures or improvements shall
permitted within the stream buffer area, including buildings, decks, and
docks, except as otherwise permitted by this section, by the city's adopted
shoreline master program, or under one of the following circumstances,
and then only when properly mitigated:
1. When the improvements are part of an approved
enhancement, restoration, or mitigation plan;
2. Construction of new public roads and utilities, and accessory
structures, when no feasible alternative location exists; of
3. Construction of foot, pedestrian or bicycle trails, according to
the following criteria:
93 KCC 11.06
Critical Areas
Ordinance
b.Designed to minimize impact on the stream system.
Where feasible, Qocated within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the stream,
except to cross a stream when approved by the city and all other
applicable agencies and except as appropriate to provide outlook points or
similar locations for education, recreation, scientific, and other purposes
which will not adversely affect the overall functions and values of the
stream.
4. Construction of footbridges and boardwalks;-
5. Construction of educational facilities, such as viewing
platforms and informational signsF
6. Construction of outdoor recreation structures, such as
fishing piers, boat launches, benches, and picnic tables..-;
7. Maintenance of existing facilities or temporary uses
having minimal adverse impacts on buffers and no adverse impacts on
streams. These may include but are not limited to: maintenance of existing
drainage facilities, and low intensity passive recreational activities such as
pervious trails, nonpermanent wildlife watching blinds, short-term scientific
or educational activities, and sports fishing;
94 KCC 11.06
Critical Areas
Ordinance
8. Stormwater discharge outlets with energy dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as feasible through proper design and function of the discharge
system. To the extent that construction of such outlets impacts vegetation
in the buffer, restoration of the vegetation shall be required; or
9. Ongoing city maintenance activities by its public works
and parks department vegetation and management divisions shall be
permitted to continue general maintenance of streams and associated
buffers. Maintenance shall include but not be limited to trash removal,
removal of nonnative vegetation, maintenance of existing vegetation as
necessary, restoration, enhancement, and sign and fence maintenance.
stwetUFes,, PFOVided mitigation and enhancement is completed and
G. Protection of streams/buffers. Long-term protection of a regulated
stream and its associated buffer shall be provided by placing it in a
separate tract on which development is prohibited; executing an easement
in favor of the city, in a form and manner acceptable to both the director
and the city attorney; dedication to a conservation organization or land
trust; or similarly preserved through a permanent protective mechanism
acceptable to the city. The location and limitations associated with the
stream and its buffer shall be shown on the face of the deed or plat,_ as
applicable, to the property and shall be recorded with the King County
recorder's office.
95 KCC 11.06
Critical Areas
Ordinance
H1. Buffer enhancements. The applicant may propose to implement one
or more enhancement measures, listed in order of preference below, which
will be considered in establishing buffer requirements:
1. Removal of fish barriers to restore accessibility to
anadromous fish.
2. Enhancement of fish habitat using log structures incorporated
as part of a fish habitat enhancement plan.
3. Creating or enhancing the surface channel if approved by the
Washington Department of Fish and Wildlife.
4. Planting native vegetation within the buffer area, especially
vegetation that would increase value for fish and wildlife, increase stream
bank or slope stability, improve water quality, or provide aesthetic{ or
recreational value.
5. Landscaping outside the buffer area with native vegetation or
a reduction in the amount of clearing outside the buffer area.
96 KCC 11.06
Critical Areas
Ordinance
6. Enhancement of wildlife habitat by adding structures that are
likely to be used by wildlife, including wood duck houses, bat boxes,
nesting platforms, snags, rootwads/stumps, birdhouses, and heron nesting
areas.
7. Additional mitigating measures may include but are not
limited to the following:
a. Creating a surface channel where a stream was
previously culverted or piped.
b. Removing or modifying existing stream culverts (such
as at road crossings) to improve fish passage and flow capabilities which
are not detrimental to fish.
C. Upgrading retention/detention facilities or other
drainage facilities beyond required levels.
d. Similar measures determined to be appropriate by the
department.
I. Buffer restoration required. If the stream buffers, including both
standard buffers and reduced buffers, are degraded, they shall be restored
during development pursuant to an approved restoration plan. If the plan
includes establishing a suitable growth of native plants, maintenance and
monitoring of the buffer for a period of at least five years shall be provided
pursuant to an approved monitoring plan as required by KCC 11.06.570,
including a financial guarantee until the maintenance and monitoring
period is completed and has been approved by the city. Where it can be
demonstrated that there will be no impacts from the proposed
97 KCC 11.06
Critical Areas
Ordinance
development to the stream or stream buffer, the director shall have the
authority to waive or modify this requirement.
J. Buildina setback lines. A minimum BSBL of fifteen feet shall be
required from the edge of a stream buffer, provided the director may
reduce the building setback limit by up to five feet if construction,
operation and maintenance of the building does not and will not create a
risk of negative impacts on the adjacent buffer area. Alterations of the
building setback lines shall not be permitted to create additional lots for
subdivisions. Approval of alterations of the BSBL shall be provided in
writing by the director, and may require mitigation such as buffer
enhancement.
K. Fencing and signage. All development and subdivisions to which this
chapter applies shall construct a wildlife -passable fence along the entire
stream buffer edge unless otherwise approved by the director. Critical
area signs must also be attached to the fence or located iust inside the
wildlife- passable fence attached to a four by four inch cedar post or other
nonpressure treated materials approved by the city. Signs must be located
at a rate of one sign per residential lot and one sign per one hundred feet
for all public rights -of -way, trails, parking areas, playgrounds, and all other
uses located adiacent to streams and associated buffers.
Sec. 11.06.690. Alteration or development — Standards and
criteria. Alteration of streams {or their established buffers may be
permitted by the department subject to the criteria of this section.
Standards for mitigation of impacts to critical areas are identified in KCC
11.06.550.
98 KCC 11.06
Critical Areas
Ordinance
A. Alteration shall not degrade the functions and values of the stream.
B. Activities located in water bodies and associated buffers used by
anadromous fish shall give special consideration to the preservation and
enhancement of fish habitat, including but not limited to the following:
1. The activity is timed to occur only within the allowable work
window for the particular species as identified by the Washington
Department of Fish and Wildlife.
2. The activity is designed so as not to degrade the functions
and values of the habitat and any impacts are mitigated.
3. An alternate location or design is not feasible.
C. Relocation of a Type 2 or 3 stream solely to facilitate general site
design shall not be permitted. Relocation of a stream may be permitted
only when it is part of an approved mitigation or enhancement/restoration
plan, and will result in equal or better habitat and water quality, and will
not diminish the flow capacity of the stream.
E—.All new culverts shall be designed following guidance provided in the
Washington Department of Fish and Wildlife's document: Water Crossing
Design Guidelines, 2013 (or
most recent version thereof). The applicant shall obtain a HPA from the
99 KCC 11.06
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Ordinance
Department of Fish and Wildlife. Culverts are allowed only in Types 2 and
3.
EF. The applicant or successors shall, at all times, keep any culvert free
of debris and sediment to allow free passage of water and, if applicable,
fish.
FG. The city may require that a culvert be removed from a stream as a
condition of approval, unless the culvert is not detrimental to fish habitat
or water quality, or removal would be a long-term detriment to fish or
wildlife habitat or water quality.
Sec. 11.06.700. Mitigation performance standards. The
performance standards in this section, and the standards in KCC 11.06.550
and 11.06.560 shall be incorporated into mitigation plans submitted to the
city for impacts to streams. Mitigation plans are subject to approval by the
d i recto rat.
A. Use plants native to the Puget lowlands or Pacific Northwest
ecoregion;, _+Nonnative, introduced plants, or plants listed by the
Washington State Department of Agriculture as noxious weeds (Chapter
16-750 WAC) shall not be used.
B. Use plants adapted to and appropriate for the proposed habitats and
consider the ecological conditions known or expected to be present on the
site.
C. Avoid planting significant areas of the site with species that have
questionable potential for successful establishment, such as species with a
narrow range of habitat tolerances.
100 KCC 11.06
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D. Specify plants that are commercially available from native -plant
nurseries or available from local sources; if collecting some or all native
plants from donor sites, collect in accordance with ecologically accepted
methods, such as those described in the Washington Native Plant Society's
Policy on Collection and Sale of Native Plants, that do not jeopardize the
survival or integrity of donor plant populations.
E. Use perennial plants in preference to annual speciesi annuals shall
be planted fellewing the second OF thiFd yeaF afteF initial installation 0
plantings to deteffigine the success of initial plantings and maintenance
PFactiees. Annual plants shall only be used if mitigation monitoring
determines that native plants are not naturally colonizing the site or if
species diversity is unacceptably low compared to approved performance
standards.
F. Use plant species high in food and cover value for native fish and
wildlife species that are known or likely to use the mitigation site
(according to reference wetlands, published information, and professional
judgment).
G. Install a temporary irrigation system and specify an irrigation
schedule unless a sufficient naturally occurring source of water is
demonstrated.
H. Confine temporary stockpiling of soils to upland areas. Unless
otherwise approved by the public works department, comply with all
applicable best management practices for clearing, grading, and erosion
control to protect any nearby surface waters from sediment and turbidity.
101 KCC 11.06
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I. Show densities and placement of plants. These should be based on
the ecological tolerances of species proposed for planting.
J. Provide sufficient specifications and instructions to ensure proper
placement diversity and spacing of seeds, tubers, bulbs, rhizomes, springs,
plugs, and transplanted stock, and other habitat features, to provide a
high probability of success, and to reduce the likelihood of prolonged
losses of •••-functions from proposed development. Prepare
contingency plans as described in KCC 11.06.SS0570 for all mitigation
proposals.
K. Do not rely on fertilizers and herbicides to promote establishment of
plantings. If fertilizers are used, they must be approved in writing by the
department and other applicable agencies, and shall be applied per
manufacturer specifications to planting holes in organic or time -release
forms, such as Osmocote@ or comparable formulations, and never
broadcast on the ground surface; if herbicides are used to control invasive
species or noxious weeds and to help achieve performance standards, only
those approved for use in aquatic ecosystems by the Washington
Department of Ecology shall be used. Herbicides shall only be used in
conformance with all applicable laws and regulations and be applied per
manufacturer specifications by an applicator licensed in the state of
Washington.
Sec. 11.06.710. Wildlife habitat classification and rating.
Wildlife habitat areas subject to these regulations include habitat classified
as "Uit+eal" habitat a s "fish and wildlife habitat conservation
areas" and "naturally occurrina Donds" accordina to the criteria in this
section.
102 KCC 11.06
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A. Fish and wildlife habitat conservation areas'''"�`"c„rcai-ianicat3 are those
habitat areas which meet any of the following criteria:
1. The documented presence of federally or state listed
endangered. threatened. or sensitive species
agencies as "endangered," "threatened," "candidate," "sensitive," er
PFOOFity-
2. The documented presence of species and habitats found on
the Washington Department of Fish and Wildlife Priority Habitats and
Species databases, current city habitat maps, or other relevant databases.
3.2 The presence of unusual nesting or resting sites such as
heron rookeries or raptor nesting trees. This provision shall be limited to
raptors which are included within the listed categories of wildlife noted in
subsection (A)(21) of this section, and shall apply to active nests.
To dengenStFate that a nesting site is inactive and not subject to these
and subn9it a FePOFt clecungenting that it is not CUFFently being used by the
ele nt
B. Naturally occurring Pponds (deepwater aquatic habitat), as defined
in this chapter, which are important to and support a wide variety of
species of fish, wildlife, or vegetation.
Sec. 11.06.720. Wildlife habitat buffer areas and setbacks.
A. Buffer widths for fish and wildlife habitat conservation areas eFitieal
habit shall be determined by the department, based on a critical
103 KCC 11.06
Critical Areas
Ordinance
area report prepared by the appk-anta qualified professional pursuant to
this chapter and in consideration of the following factors:
1. Research and evaluation of best available science sources
relevant to species and habitat present within the city, as documented in
City of Kent Best Available Science Review for Fish and Wildlife Habitat
Conservation Areas, 2004, or amendments thereto.
2. Species -specific management guidelines of the Washington
Department of Fish and Wildlife.
3. Recommendations contained in the wildlife study submitted
by a qualified professional;t, following the reporting requirements
of these regulations.
4. The nature and intensity of land uses and activities occurring
on the site and on adjacent sites. Buffers are encouraged but are not
required for secondary habitat.
B. The critical area report must meet the criteria listed in section
11.06.070 of this code in addition to the following conditions:
1. A narrative summary of existing habitat functions and values.
2. The documented presence of species and habitats found on
the Washington Department of Fish and Wildlife Priority Habitats and
Species databases, current city habitat maps, or other relevant databases.
3. A description and location of any migration or movement
corridors.
104 KCC 11.06
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4. Identification of any areas that have previously been
disturbed or degraded by human activity or natural processes.
5. Identification of edges between habitat types and any species
commonly associated with those habitats.
6. Monitor each nesting site prior to construction and submit a
report documenting that it is not currently being used by the relevant
species to demonstrate that the nesting site is inactive and not subject to
these regulations.
SC. Buffers for ponds shall be seventy-five {775-�-feet plus a fifteen {I-5j
foot BSBL.
D. Certain uses and activities whochthat are consistent with the purpose
and function of the habitat buffer and do not detract from its integrity may
be permitted by the department within the buffer depending on the
sensitivity of the habitat area. Examples of uses and activities with minimal
impact which may be permitted in appropriate cases include permeable
pedestrian trails, fishing pieFs and viewing platforms, and utility
easements; provided, that any impacts to the buffer resulting from
permitted facilities shall be mitigated. When permitted, such facilities
shallshou'd be located in the outer ten {l&�feet of the buffer, unless
otherwise approved by the director.
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E. Long-term protection of a fish and wildlife habitat conservation area
and itsf-"i--' habitat ----- and `hem associated buffer{sj shall be provided
by placing them in a separate tract on which development is prohibited;
PFeteetien by executiennn elan easement in favor of the city, in a form
and manner acceptable to both the director and the city attorney;
dedication to a conservation organization or land trust; or a --similarly
preserved through a permanent protective mechanism acceptable to the
city. The location and limitations associated with the habitatfish and
wildlife habitat conservation area and its buffer shall be shown on the face
of the deed or plat, as applicable,_ to the property and shall be recorded
with the King County recorder's office.
Sec. 11.06.730. Performance standards - Aalteration or
development of wildlife habitat.
A. Fish and wildlife habitat conservation areasG46eal-�.
Alterations of fish and wildlife habitat conservation areas eFitica' habitat
shall be avoided, subject to the variance or reasonable use provisions of
this chapter.
B. Where permitted by these regulations, alteration shall not degrade
the functions and values of the habitat.
C. Specific habitat: endangered, threatened, and sensitive species.
1. No development shall be allowed within a fish and wildlife
habitat of importance or buffer, with which state or federally endangered,
threatened, or sensitive species have a primary association, except as
otherwise approved through this chapter. For fish habitat of importance on
lands regulated under the Kent shoreline master program, development
106 KCC 11.06
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also must meet the use and development requirements of the Kent
shoreline master program.
2. Whenever activities are proposed adjacent to a fish and
wildlife habitat of importance with which state or federally endangered,
threatened, or sensitive species have a primary association, such area
shall be protected through the application of protection measures in
accordance with a critical areas report prepared by a qualified professional
and approved by the city. Approval for alteration of land adiacent to the
fish and wildlife habitat of importance or its buffer shall not occur prior to
consultation with the Department of Fish and Wildlife and the appropriate
federal agency.
D. Specific habitat: great blue heron rookery.
1. A buffer, measured from the outermost nest tree in the
rookery, shall be established around an active rookery. This area shall be
maintained in native vegetation.
The table below includes the year-round buffers for great blue heron
rookeries recommended by the Washington Department of Fish and
Wildlife Management Recommendations.
Great Blue Heron
Rookery Recommended
Buffers
Feet
Setting
% built within 1/4 mile of
the nest colony
984
Undeveloped
0 - 2%
656
Suburban/Rural
2 - 50%
197
Urban
> 50%
107 KCC 11.06
Critical Areas
Ordinance
2. Between January 1st and July 31st, no clearing, grading or
land disturbing activity shall be allowed within the applicable buffer listed
above unless otherwise approved by the city and the Washington
Department of Fish and Wildlife.
3. Approval of permits for activities within a heron rookery
buffer shall not occur prior to the approval of a habitat management plan
by the city and the Washington Department of Fish and Wildlife.
E. Specific habitat: anadromous fish.
1. All activities, uses and alterations proposed to be located in
water bodies used by anadromous fish or in buffer areas that affect such
water bodies shall give special consideration to the preservation and
enhancement of anadromous fish habitat, including, but not limited to,
adhering to the following standards:
a. Activities shall be timed to occur only during the
allowable work window as designated by the Washington Department of
Fish and Wildlife for the applicable species;
not feasible;
b. An alternative alignment or location for the activity is
C. The activity is designed so that it will provide an
overall improvement in the functions or values of the fish habitat or other
critical areas; and
d. Any impacts to the functions or values of the habitat
conservation area are mitigated in accordance with an approved critical
areas report.
108 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.740. Performance standards for mitigation
planning.
A. The performance standards in this section, and the general
standards in KCC 11.06.550, shall be incorporated into mitigation plans
submitted to the department for impacts to wildlife habitat. The following
additional mitigation measures shall be incorporated in mitigation
planning:
1. Locate buildings and structures in a manner that minimizes
adverse impacts on fish and wildlife habitat conservation areaU
itical
habitats used by priority, threatened, or endangered species and identified
by the Washington State Department of Fish and Wildlife, National Marine
Fisheries Services, and U.S. Fish and Wildlife Services.
2. Integrate retained habitat into open space and landscaping.
3. Wherever possible, consolidate fish and wildlife habitat
conservation areas Uitica'�into larger, unfragmented, contiguous
blocks.
4. Use native plant species for landscaping of disturbed or
undeveloped areas and in any habitat enhancement or restoration
activities.
5. Create habitat heterogeneity and structural diversity that
emulates native plant communities described in Natural Vegetation of
Oregon and Washington (Franklin, J.F. and C.T. Dyrness 1988) or other
regionally recognized publications on native landscapes.
109 KCC 11.06
Critical Areas
Ordinance
6. Remove afl4{or control any noxious and invasive weeds or
exefie non-native animals whichthat are problematic to the critical habitat
area as determined by the department.
7. Preserve significant or existing native trees, preferably in
stands or groups, consistent with achieving the goals and standards of this
chapter.
B. On completion of construction, any approved mitigation project must
be signed off by the applicant's qualified Alta-Rtprofessional and
approved by the department. A signed letter from the tqualified
professional will indicate that the construction has been completed as
approved, and approval of the installed mitigation plan will begin the
monitoring period if appropriate.
Article VI. Geological Hazard Areas
Sec. 11.06.750. Buffers and setbacks.
A. A buffer shall be established to protect geologic hazard areas.
Buffers and setbacks shall be established from the top, bottom, and sides
of critical areas. Unless permitted by the director, native vegetation within
buffer areas shall not be iF�altered, and shall remain in theirits
natural state. The width of the buffer shall be established by the
department based on consideration of the following factors:
1. The recommendations contained in the geologic/geotechnical
report required by this chapter, provided and that it is prepared by a
qualified ;t professional.
110 KCC 11.06
Critical Areas
Ordinance
2. The sensitivity of the geologic hazard in question.
3. The type and intensity of the proposed land use, whether the
proposed use may affect the geologic hazard, or whether the use itself will
be affected by the geologic hazard.
B. All buffers shall include a minimum fifteen {15�-foot BSBL.
C. When the geotechnical report demonstrates that, due to application
of design and engineering solutions, lesser buffer and setback distances
will meet the intent of this regulation, such reduced buffer and setback
distances may be permitted.
1. Minimum buffer width from identified few landslide hazard
areas shall be equal to the vertical height of the landslide hazard or fifty
{SG) -feet, whichever is greater, for all landslide hazard areas that measure
ten k1g)--feet or more in vertical elevation change from top to toe of slope,
as identified in the geotechnical report, maps, and field -checking. No
disturbance may occur within the buffer except as provided within this
chapter.
2. The buffer may be reduced when a qualified professional
demonstrates to the department's satisfaction that the reduction will
adequately protect the proposed development, adjacent developments and
uses, and the subject critical area. In no case shall the buffer be less than
twenty-five k2Sr -feet.
111 KCC 11.06
Critical Areas
Ordinance
3. To increase the functional attributes of the buffer, the
department may require that the buffer be enhanced through planting of
indigenous species.
4. The edge of the buffer area shall be clearly staked, flagged,
and fenced prior to any site clearing or construction. The buffer boundary
markers shall be clearly visible, durable, and permanently affixed to the
ground. Site clearing shall not commence until the engineer has submitted
written notice to the department that buffer requirements of this regulation
are met. Field marking shall remain until all construction and clearing
phases are completed and final approval has been granted by the
department.
Sec. 11.06.760. Alterations of geologic hazard areas.
A. Criteria. Alterations of geological hazard areas or associated buffers
may only occur for activities that meet the following criteria:
1. Will not increase the existing threat of the geological hazard
to adjacent properties..-,
2. Will not adversely impact other critical areas..
3. Are designed so that the hazard to the project is eliminated or
mitigated to a level equal to or less than pre -development conditions..._ and
4. Are certified as safe as designed under anticipated conditions
by a qualified engineer or geologist, licensed in the state of Washington.
112 KCC 11.06
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The department may condition or deny proposals as appropriate to achieve
these criteria. Conditions may include limitations of proposed uses,
modification of density, alteration of site layout, and other appropriate
changes to the proposal.
B. Essentia#Necessary public facilities. Public emergency, health, and
safety facilities, and public utilities shall not be sited within geologically
hazardous areas, or in areas that could be affected by geologic hazards,
such as landslide run out zones, unless there is no other practicable
alternative.
C. Landslide hazard areas.
1. Alterations to landslide hazard areas may be permitted based
on the findings and recommendations of a geologic report prepared
consistent with the requirements of this chapter and certifying that the
development complies with the criteria in subsection (A) of this section.
2. Unless otherwise provided or as a necessary part of an
approved alteration, removal of any vegetation from a landslide hazard
area or buffer shall be prohibited, except for removal of hazard trees as
verified by the department.
3. Vegetation on slopes within a landslide hazard area or buffer
which has been damaged by human activity or infested by noxious and
invasive weeds may be replaced with vegetation native to Kent pursuant to
an enhancement plan approved by the department. The use of hazardous
substances, pesticides, and fertilizers in landslide hazard areas and their
buffers is prohibited unless otherwise approved by the department in
writing.
113 KCC 11.06
Critical Areas
Ordinance
4. All alterations shall be undertaken in a manner to minimize
disturbance to the landslide hazard area, slope, and vegetation unless the
alterations are necessary for slope stabilization.
D. Erosion hazard areas.
1. Clearing in an erosion hazard area is not limited to time of
year, except when such restrictions are recommended in the geotechnical
report and approved by the department.
2. Alterations to erosion hazard areas may only occur for
activities for which a hazard analysis has been completed and submitted
certifying that the development complies with the criteria in subsection (A)
of this section. The hazard analysis must be completed in general
accordance with the requisites described in the geologic report.
3. Where the department determines that erosion from a
development site in an erosion hazard area poses a significant risk of
damage to downstream receiving waters, based either on the size of the
project, the proximity to the receiving water or the sensitivity of the
receiving water, the applicant shall be required to provide regular
monitoring of surface water discharge from the site. Monitoring reports
shall be submitted to the department based on provisions in an approved
mitigation plan. If the project does not meet state water quality standards,
the department may suspend further development work on the site until
such standards are met.
114 KCC 11.06
Critical Areas
Ordinance
4. The use of hazardous substances, pesticides, and fertilizers in
erosion hazard areas is prohibited unless otherwise approved by the
department.
E. Seismic hazard areas.
1. Alterations to seismic hazard areas may be allowed only as
fnlGMi
a. The evaluation of site -specific subsurface conditions
shows that the proposed development site is not located in a seismic
hazard area;
b. Mitigation based on the best available engineering and
geotechnical practices shall be implemented which either eliminates or
minimizes the risk of damage, death, or injury resulting from seismically
induced settlement or soil liquefaction. Mitigation shall be consistent with
the requirements of Chapter 14.01 KCC and shall be approved by the
building official; and
C. Mobile homes may be placed in seismic hazard areas
without performing special studies to address the seismic hazard. Such
mobile homes may be subject to special support and tie -down
requirements.
F. Volcanic hazard areas. The city shall maintain a map that indicates
the location of volcanic hazards areas. Sites whochthat are located on or
within two hundred (289) feet of an identified volcanic hazard area shall
include a notation on the title to the affected property disclosing the
presence of the hazard.
115 KCC 11.06
Critical Areas
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Article VII. Critical Aquifer
Recharge Areas
Sec. 11.06.770 Critical aquifer recharge areas designation,
rating and mapping.
A. Critical aquifer recharge areas designation. Critical aquifer recharge
areas (CARAs) are those areas with a critical recharging effect on aquifers
used for potable water as defined by WAC 365-190-030(3-2). CARAs have
prevailing geologic conditions associated with infiltration rates that create
a high potential for contamination of groundwater resources or contribute
significantly to the replenishment of groundwater. These areas include the
following:
1. Wellhead protection areas. Wellhead protection areas shall be
defined by the boundaries of the ten {14)-year time of groundwater travel,
or boundaries established using alternate criteria approved by the
Department of Health in those settings where groundwater time of travel is
not a reasonable delineation criterion, in accordance with WAC 246-290-
135.
2. Susceptible groundwater management areas. Susceptible
groundwater management areas are areas that have been designated as
moderately or highly vulnerable or susceptible in an adopted groundwater
management program developed pursuant to Chapter 173-100 WAC.
3. Special protection areas. Special protection areas are those
areas defined by WAC 173-200-090.
116 KCC 11.06
Critical Areas
Ordinance
4. Private wells. Private wells are not governed by this code;
however, all provisions of the King County Board of Health Code 12.24.010
shall be applicable.
B. Mapping of critical aquifer recharge areas.
1. The approximate location and extent of critical aquifer
recharge areas are shown on the wellhead protection area inventory map,
maintained by the department.
2. These maps are to be used as a guide for the city of Kent,
project applicants and/or property owners, and may be continuously
updated as new critical areas are identified or when updates to the city of
Kent wetland wellhead protection program are completed. They are a
reference and do not provide a final critical area designation.
3. This mapping does not include private water wells for single-
family residences.
Sec. 11.06.780. Critical aquifer recharge area reporting
requirements.
A. Activities that require a critical area report. If located within a CARA,
the following land use proposals shall be required to complete a critical
aquifer recharge area report. The report shall be submitted to, and
reviewed and approved by the department for.-_
1. Above ground storage tanks.
2. Dry cleaners.
117 KCC 11.06
Critical Areas
Ordinance
3. Pipelines (hazardous liquid transmission).
4. Auto repair shops (including oil/lube facilities).
5. Underground storage tanks.
6. Gas stations.
7. Other land use types as determined by the director that may
have the potential to significantly impact groundwater resources.
B. Requirements for critical aquifer recharge area reports.
1. A critical aquifer recharge area report shall be prepared by a
qualified professional who is a hydrogeologist, or engineer, who is licensed
in the state of Washington and has experience in preparing hydrogeologic
assessments.
2. A critical aquifer recharge area report shall include the
following site- and proposal- related information at a minimum:
a. Available information regarding geologic and
hydrogeologic characteristics of the site including the surface location of all
critical aquifer recharge areas located onsite or immediately adjacent to
the site, and permeability of the unsaturated zone based on available
information.
b. Groundwater depth, flow direction, and gradient based
on available information.
C. Currently available data on wells and springs within one
thousand three hundred (1,399) feet of the project area.
118 KCC 11.06
Critical Areas
Ordinance
d. Location of other critical areas, including surface
waters, within one thousand three hundred (1,399)feet of the project
area.
e. Available historic water quality data for the area to be
affected by the proposed activity.
f. Best management practices proposed to be utilized.
g. Historic water quality data for the area to be affected
by the proposed activity compiled for at least the previous five {S}year
period based on available information.
h. Groundwater monitoring plan provisions.
i. Discussion of the effects of the proposed project on the
groundwater quality and quantity, including:
effects.
i. Predictive evaluation of groundwater withdrawal
ii. Predictive evaluation of contaminant transport
based on potential releases to groundwater.
j. A spill plan that identifies equipment and/or structures
that could fail, resulting in an impact for construction periods and for
general operating business procedures post -construction. Spill plans shall
include provisions for regular inspection, repair, and replacement of
structures and equipment that could fail.
119 KCC 11.06
Critical Areas
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Sec. 11.06.790. Critical aquifer recharge area performance
standards.
A. General requirements.
1. Activities may only be permitted in a critical aquifer recharge
area if the applicant can show that the proposed activity will not cause
contaminants to enter the aquifer and that the proposed activity will not
adversely affect the recharging of the aquifer.
2. The proposed activity must comply with the water source
protection requirements and recommendations of the federal
Environmental Protection Agency, State Department of Health, and the
Seattle -King County Health Department.
3. The proposed storm water management facilities must be
designed and constructed in accordance with the sty -Kent Surface
Water Design Manual, as adopted by the city of Kent pursuant to
G-.Chapter 7.07 KCC, including any amendments thereto.
B. Specific uses.
1. Storage tanks. All storage tanks proposed to be located in a
critical aquifer recharge area must comply with all applicable codes
including, but not limited to, the Washington State Department of Ecology
and local code requirements and must conform to the following:
a. Underground tanks. All new underground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
120 KCC 11.06
Critical Areas
Ordinance
i. Prevent releases due to corrosion or structural
failure for the operational life of the tank.
ii. Be protected against corrosion, constructed of
noncorrosive material, steel clad with a noncorrosive material, or designed
to include a secondary containment system to prevent the release or
threatened release of any stored substances.
iii. Use material in the construction or lining of the
tank that is compatible with the substance to be stored.
b. Aboveground tanks. All new aboveground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
i. Not allow the release of a hazardous substance
to the ground, groundwaters, or surface waters.
ii. Have primary containment areas enclosing or
underlying the tank or part thereof.
iii. A secondary containment system either built into
the tank structure or a dike system built outside the tank for all tanks.
iv. All outside above ground storage tanks shall be
covered to prevent rainwater from filling secondary containment areas.
2. Vehicle repair and servicing. Vehicle repair and servicing must
be conducted over impermeable pads and within a covered structure
121 KCC 11.06
Critical Areas
Ordinance
capable of withstanding normally expected weather conditions. Chemicals
used in the process of vehicle repair and servicing must be stored in a
manner that protects them from weather and provides containment should
leaks occur.
3. Dry wells. No dry wells shall be allowed in critical aquifer
recharge areas. Dry wells existing on the site prior to facility establishment
must be abandoned using techniques approved by the State Department of
Ecology prior to commencement of the proposed activity.
4. Residential use of pesticides and nutrients. Application of
household pesticides, herbicides, and fertilizers shall not exceed times and
rates specified on the packaging.
5. Spreading or injection of reclaimed water. Water reuse
projects for reclaimed water must be in accordance with the adopted water
or sewer comprehensive plans that have been approved by the
Departments of Ecology and Health.
a. Surface spreading must meet the groundwater
recharge criteria given in RCW 90.46.010(10) and 90.46.080.
b. Direct injection must be in accordance with the
standards developed by authority of RCW 90.46.042.
Sec. 11.06.800. Prohibited uses. The following activities and
uses are prohibited in critical aquifer recharge areas:
122 KCC 11.06
Critical Areas
Ordinance
A. Landfills. Landfills, including hazardous or dangerous waste,
municipal solid waste, special waste, wood waste, and inert and demolition
waste landfills.
B. Underground injection wells. Class I, III, and IV wells and
subclasses FO1, 5D03, 51`04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14,
5W20, 5X28, and 51\124 of Class V wells.
C. Mining.
1. Metals and hard rock mining.
2. Sand and gravel mining is prohibited from critical aquifer
recharge areas determined to be highly susceptible or vulnerable.
D. Wood treatment facilities. Wood treatment facilities that allow any
portion of the treatment process to occur over permeable surfaces (both
natural and manmade)
E. Storage, processing, or disposal of radioactive substances. Facilities
that store, process, or dispose of radioactive substances.
F. Private wells. Any property within the city of Kent using a private
well for water supply shall abate the well in accordance with Department of
Ecology standards, when development is proposed and can be serviced by
a municipal water purveyor. Retention of exempt wells shall not be
permitted for irrigation purposes to prevent potential cross -contamination
issues.
123 KCC 11.06
Critical Areas
Ordinance
1. All property currently with a private well, or within two
hundred (299) feet of a private well, shall follow all conditions of the King
County Board of Health Code 12.24.010 in the design of the development
of the property. Any proposed development plans shall show all private
wells within two hundred (2Meet.
G. Other uses. Activities that would significantly reduce the recharge to
aquifers currently or potentially used as a potable water source or
activities that would significantly reduce the recharge to aquifers that are a
source of significant base flow to a regulated stream.
SECTION 2, — 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 3, — Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
SUZETTE COOKE, MAYOR
124 KCC 11.06
Critical Areas
Ordinance
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of
2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P'.ACivilAOrdinanceVCtlticel Nees Ordinance KCC 11 06.doc:
RONALD F. MOORE, CITY CLERK
125 KCC 11.06
Critical Areas
Ordinance
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 14.09
of the Kent City Code, entitled "Flood Hazard
Regulations."
RECITALS
A. Pursuant to the state Growth Management Act, Chapter
36.70A RCW (GMA), the city of Kent ("City") hereby amends its flood
hazard regulations. This ordinance is the product of extensive study,
review and evaluation of the City's development regulations to identify and
protect the functions and values of frequently flooded areas required
under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900.
The Flood Hazard Regulations ordinance has been updated to comply with
state law, federal law, and best available science. The City has identified,
collected and assessed the available scientific information offered by staff,
the City's environmental consultants, by state agency representatives, and
by the public in order to interpret the nature, scope, and application of
best available science to protect the functions and values of the City's
frequently flooded areas, which exist in a highly complex, natural, and
built urban environment.
B. Throughout this process, the City's intent has been to
develop and implement a comprehensive, balanced, and fair regulatory
program that requires avoidance, minimization, and mitigation of
frequently flooded areas, in that order of preference, by anyone whose
1 Amend Chapter 14.09 KCC
Flood Hazard Regulations
activities affect frequently flooded areas. To that end, the City also
desires to protect the public from injury, loss of life, or loss of property or
other financial impact, to the extent reasonably possible.
C. On August 4, 2014, staff made a presentation to the Public
Works Committee to discuss the need to update to the Flood Hazard
Regulations ordinance, as required by the Growth Management Act. Staff
further discussed that the update process is required to include best
available science, as well as compliance with state, regional and local
mandates.
D. On August 11, 2014, the Land Use and Planning Board
("LUPB") held a workshop to discuss updates to the Kent Comprehensive
Plan, including the Flood Hazard Regulations update element of the plan;
compliance with state, regional and local mandates; the proposed
timeline; and public outreach activities.
E. On November 24, 2014, the LUPB held a workshop to
generally discuss the Flood Hazard Regulations update process, best
available science rule, and timeline.
F. On February 9, 2015, the LUPB held a workshop to discuss
preliminary findings from the best available science recommendations,
comments from staff and the public, and draft regulations.
G. On February 12, 2015, the City provided the required sixty
day notification under RCW 36.70A.106 to the Washington State
Department of Commerce ("Department") for the City's proposed Flood
Hazard Regulations ordinance. Comments from the Department were
received and considered.
2 Amend Chapter 14.09 KCC
Flood Hazard Regulations
H. On March 16, 2015, the City received comments on the
update from the Washington State Department of Ecology. These
comments were also considered.
I. On April 3, 2015, the City conducted and completed
environmental review for the Flood Hazard Regulations update under the
State Environmental Policy Act (SEPA), issuing an Addendum to its
Comprehensive Plan Environmental Impact Statement (EIS).
J. On April 13, 2015, the LUPB held a public hearing on the
draft Flood Hazard Regulations and recommended updating Chapter 14.09
KCC, accordingly.
K. Staff made a presentation to the Public Works Committee on
April 20, 2015, regarding the recommended revisions to the Flood Hazard
Regulations.
L. Following certain substantive changes by staff to the
proposed ordinance, the LUPB held a second public hearing regarding the
revised Flood Hazard Regulations on June 8, 2015, and recommended
passage of the revised ordinance.
M. Staff made a presentation regarding the revised Flood Hazard
Regulations to the Economic and Community Development Committee at
its meeting on July 13, 2015, and the Committee voted to forward its
recommendation to the full City Council.
N. At its regularly scheduled meeting on July 21, 2015 the City
Council considered the recommendations and voted to adopt the proposed
amendments to the Flood Hazard Regulations.
3 Amend Chapter 14.09 KCC
Flood Hazard Regulations
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Chapter 14.09 of the Kent City Code is
hereby amended as follows:
Sec. 14.09.010. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Appeal means a request for review of any final action pursuant to
this chapter, or of the interpretation of any provision of this chapter by any
city official.
B. Area of shallow flooding means the land within the floodplain where
the base flood depths range from one {l}to three {feet; a clearly
defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
G. Area of spec4al flood hazard n9eans the 'and within the fleedplain
C9. Base flood means the flood having a one {l}percent chance of
being equaled or exceeded in any given year, also referred to as the one
hundred "(100) year flood.
D€. Base flood elevation means the actual elevation (in mean sea level)
of the water surface of the base flood determined by the Federal
Emergency Management Agency (FEMA)Fleed inSUFance AdnginiStFatien or
other qualified person or agency as described in this chapter.
4 Amend Chapter 14.09 KCC
Flood Hazard Regulations
EF. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
FG. Best available data means_ (1) the data provided by the FedeFa;
FEMA in a scientific and engineering report
entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated 4uf+,—May16, 1995, along with the
accompanying Pleed OnSUFance n9apsFlood Insurance Rate Map (FIRM),
artdincluding any subsequent revisions thereto-, or (2) hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice and in accordance with FEMA standards contained in 44 C.F.R.
Part 65.
G. Compensatory flood storage means any new, excavated flood
storage volume equivalent to any flood storage capacity which has been or
would be eliminated by filling or grading within the special flood hazard
area. The compensatory flood storage must be provided within the special
flood hazard area and be free drainina.
H. Critical facility means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire, and emergency response
installations; and public and private facilities which produce, use, or store
hazardous materials or hazardous waste as defined by the State
Department of Ecology.
I. Development means any proposed or actual manmade changes to
improved or unimproved real estate, including but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within the special flood hazard
area and other site preparation activities, a storage of materials or
5 Amend Chapter 14.09 KCC
Flood Hazard Regulations
equipment, subdivision of land, removal of substantial amounts of
vegetation, or alteration of natural site characteristics.
J. Director means the diFeCtaf-city of Kent economic and community
development director or the director's designee^, }", d .mien o . d k
K. Fill means deposition of eaFth n9ateFial the addition of soil, sand,
rock, gravel, sediment, walls, structures and their associated internal
volume, or other material by artificial means.
L. Flood or flooding means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation of runoff of surface water
from any source.
M. Flood fringe means the portion of the special flood hazard area
outside of the floodway which is generally covered by flood waters during
the base flood.
M-.N. Flood Iinsurance Rrate Mfnap (FIRM) means the official map on
which theFEMA fedeFal flood OnSUFance adnginiStFa`men has delineated both
the special flood hazard areas and the risk premium zones applicable to
the community.
440. Flood insurance study means the official report provided by FEMAthe
F..deFa' inSU__nc ^.,..gini_}__}".n that includes flood profiles, the fleea
the FIRIVIFfleed OnSUFance Fate n9ap, and the
water surface elevation of the base flood.
6 Amend Chapter 14.09 KCC
Flood Hazard Regulations
8P. Flood protection elevation n9eans that the finished flOOF of any
tRICt,,., st be a n9onongung a is a minimum of two {2}feet above the
base flood elevation.
FQ. Flood season means the period from "eFOctober 1st to
March 31st during which, historically, the frequency, distribution, and
volume (inches of rainfall) of storms in the Green River Basin have been
the largest and all known major floods have occurred
QR. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
RS. Floodway means the channel of the stream and that portion of the
adioinina special flood hazard area which is necessary to contain and
discharge the base flood flow without the chaMMel of - FiveF OF etheF
, isch. Fge the base fleed without cungulativ increasing the base water
SUFFace -'-••-`--flood elevation more than one {l}foot.
T. Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood -resistant enclosure, usable
solely for parking of vehicles, building access, or storage, in an area other
than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this
chapter.
U. Manufactured home means a structure, used for residential or
commercial purposes, -transportable in one {Wor more sections, which is
7 Amend Chapter 14.09 KCC
Flood Hazard Regulations
built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For
floodplain management purposes the term manufactured home also
includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than one hundred eighty "consecutive days. For
insurance purposes the term manufactured home does not include park
trailers, travel trailers, and other similar vehicles.
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two {2}or more manufactured
home lots for rent or sale.
W. No net fill means that if any fill is brought on to a site for the
construction of a structure or access road then an equal amount of
soil/material will be removed from the site. Earthen €fill must be obtained
from the same site, to the extent practicable. The soil removed must be
from within the boundaries of the site, to the extent practicable, and from
within the special flood hazard area. If not practical, soil could be removed
from property in the immediate vicinity and within the special flood hazard
area. The area from which the soil is removed must be able to drain
completely into the adjoining watercourse following a flood.
X. New construction means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
Y. Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. Four hundred (499) square feet or less when measured at the
largest horizontal projection;
8 Amend Chapter 14.09 KCC
Flood Hazard Regulations
3. Designed to be self-propelled or permanently towable by a
light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Z. Special flood hazard area means the total area subject to inundation
by the base flood these 'any' and wat-- -- as identified by the
inSUFance AdnginiStFatmenFEMA in a report entitled The Flood Insurance
Study for King County, Washington and Incorporated Areas, dated
`ept he- ''^May 16 39891995 with accompanying pages on file with
King County or the city of Kent department of public WOFIES of the
eityeconomic and community development.
AA. Start of construction includes substantial improvement, and means
the date a building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within one hundred eighty "days e€after the permit issuance date.
The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include submission of an
application for development, land preparation, such as clearing, grading,
and filling; nor does it include the installation of streets afl-E{or walkways;
nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure.
9 Amend Chapter 14.09 KCC
Flood Hazard Regulations
BB. Structure means that which is built or constructed, or an edifice or
building of any kind or any piece of work composed of parts joined
together in some definite manner, and includes posts for fences and signs.
It specifically includes buildings that are not fully enclosed on all sides
where the orientation may affect the flow of flood waters, but does not
include mounds of earth or debris.a walled and FOefed building including a
gas OF liquid StOFage tank that is PFincipally above gFOund.
CC. Substantial improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty /C�percent of the appraised fair market value of the
structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to correct
an existina violation of state or local health. sanitarv. or safetv code
specifications, as identified by the local code enforcement official, and
which is the minimum necessary to assure safe living conditions-eefPpFy
with existing state OF lecal health, sanitaFY, OF safety code specifications
which aFe necessaFy solely to aSSUFe safe living conditions; or
10 Amend Chapter 14.09 KCC
Flood Hazard Regulations
b. Any alteration of a structure listed on the National
Register of Historic Places or a recognized state or local inventory of
historic places.
Sec. 14.09.020. Findings. The city council finds that:
1. The flood hazard areas of the city are subject to periodic
inundation which endangers life and property, presents health and safety
hazards, disrupts commerce and governmental services, and necessitates
extraordinary public expenditures for flood protection and relief, all of
which adversely affect the public health, safety, and general welfare; and
2. These flood losses are caused by the natural accumulation
and ponding of floodwaters and the cumulative effect of obstructions in
flood hazard areas which increase flood heights and velocities. Uses
inadequately floodproofed, elevated, or protected from flood damage or
that otherwise encroach on the natural holding capacity of the floodplain
also contribute to the flood loss.
Sec. 14.09.030. Purpose. It is the purpose of this chapter to
promote the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas by
enacting provisions designed to:
1. Protect life and property by preventing the hazardous use of
flood -prone lands;
2. Protect downstream or surrounding property from higher
velocities or higher flood levels which may be caused by loss of holding
capacity in the floodplain;
11 Amend Chapter 14.09 KCC
Flood Hazard Regulations
3. Minimize turbidity and pollution from upstream or surrounding
development during a flood;
4. Minimize the expenditure of public money for remedial flood
control measures;
5. Minimize the need for rescue and relief efforts associated with
flooding which are generally undertaken at the expense of the general
public;
6. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and bridges
located in flood hazard areas;
7. Alert appraisers, assessors, owners, potential buyers, and
lessees to the natural limitations of flood -prone land;
8. Ensure that those who occupy or seek to develop in flood
hazard areas assume responsibility for their actions;
9. Qualify the city and existing homes and businesses for
participation in the Federal Flood Insurance Program; and
10. Implement local, state, and federal flood protection programs.
Sec. 14.09.040. Policies and standards for reducing flood
losses. In order to accomplish its purpose, this chapter includes policies
and standards to:
1. Restrict, condition, or prohibit uses which are dangerous to
health, safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion, flood heights, or velocities;
12 Amend Chapter 14.09 KCC
Flood Hazard Regulations
2. Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of
initial development and construction;
3. Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
4. Control filling, grading, dredging, and other development
which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which
will unnaturally divert flood- waters or which may increase flood hazards in
other areas.
Sec. 14.09.050. Lands to which this chapter applies. This
chapter shall apply to all areas of special flood hazard areas within the
jurisdiction of the city.
Sec. 14.09.060. Basis for establishing the areas of special
flood hazard areas. The special flood
hazard areas is -are the areas of .peen' Pleed haza.,, identified by FEMAthe
in a scientific and engineering
report entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated May 153trne 16, 1995, along with the
accompanying Pleed OnSUFance n9aps FIRM ,-ai+d including any subsequent
revisions thereto (the flood insurance study), which is hereby adopted by
reference and declared to be a part of this chapter as if stated verbatim; or
the use of best available data as defined in this chapter. The flood
insurance study is on file and available for examination at the office of the
department of public works.
13 Amend Chapter 14.09 KCC
Flood Hazard Regulations
Sec. 14.09.070. Penalties for noncompliance. No structure or
land shall hereafter be developed, constructed, located, extended,
converted, or altered without full compliance with the of this chapter
and other applicable regulations. Violation of the P.O,•;sien. of this chapter
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall upon conviction thereof be fined
not more than five hundred dollars ($500) or imprisoned for not more than
one hundred eighty "days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. In addition, nothing
herein contained shall prevent the city from issuing notices of violation
pursuant to Chapter.. 1.04 KCC to any person or entity responsible for acts
or omissions contrary to the regulations contained in this chapter, nor
prevent the city from taking any other lawful action as is necessary to
prevent or remedy any violation.
Sec. 14.09.080. Abrogation and greater restrictions. This
chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 14.09.090. Interpretation. In the interpretation and
application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
14 Amend Chapter 14.09 KCC
Flood Hazard Regulations
3. Deemed neither to limit nor repeal any other powers granted
under state statutes.
Sec. 14.09.100. Warning and disclaimer of liability. The
degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes.
This chapter does not imply that land outside the areas of special flood
hazards areas or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on the part
of the city, its elected officials or any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administration decision lawfully made
hereunder.
Sec. 14.09.120. Permits and licenses. No permit or license for
structures or the development or use of land shall be issued by the city
within a special flood hazard area unless approved by the directorOF ether
designate. Such approval shall be based on a review of the provisions set
forth in this chapter and the technical findings and recommendations of
city departments and divisions, including, but not limited to, building, fire,
and planning d paFtngents Compliance with this chapter
does not obviate the need to obtain other permits which may be required
pursuant to state or federal law including but not limited to approvals
required from the United States Army Corps of Engineers and the State
Departments of Social and Health Services and Ecology relating to water
Is Amend Chapter 14.09 KCC
Flood Hazard Regulations
and sewer systems which ensure that water and sewer systems will be
designed to avoid infiltration, inflow, or impairment.
Sec. 14.09.130. Procedural requirements. City permits or
licenses which relate to the development and use of land within a #teed
hazaFd special flood hazard areas shall be referred to the
department of economic and community developmente-publime-werks by
the issuing department for approval. If it can be determined from
information at hand that the property does not lieis not located in a special
flood hazard area, the issuing department may approve the permit or
license directly. If it appears that any portion of the property may Liebe
located in a special flood hazard area, the department of mks
economic and community development shall require its owner to submit
information necessary to determine if in fact any portion of the property
tiesis located within the floodway or floodway fringe. If it is determined
that any portion of the property 4esis located within the floodway or within
the floodway fringe, the applicant shall be required by the department of
public WO kseconomic and community development to submit such
surveys, plans, and supporting documents as are necessary to determine
the applicability of city regulations to the proposed structure, development,
or use. The department of public WOFIEseconomic and community
development shall consider not only the individual structure, development,
or use, but shall also consider it in combination with existing and future
similar structures, developments, and uses. Whenever technical
information is furnished to the city by an applicant, the city shall consider
such report in acting upon the requested permit. In performing such
review, the department of public WO Eseconomic and community
development may request additional applicant information, including the
preparation and submission of an environmental checklist under the State
Environmental Policy Act or a supplement thereto if already submitted to
an issuing department. The director shall, within a
reasonable time, indicate approval or disapproval of the requested permit
16 Amend Chapter 14.09 KCC
Flood Hazard Regulations
or license; and if approved, the director shall transmit all conditions of
approval; in a letter to the issuing department, with copies to the
applicant, the issuing department, commenting departments, other
agencies, and other known parties of interestrecord.
Sec. 14.09.140. Use of other base flood data. In order to
administer the PFOViSiens of -this chapter when base flood elevation data
has not been provided in accordance with sections herein, the director
shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state, or other source determined
by the director to provide accurate and detailed flood related information.
Such information shall supplement special flood hazard area information
and maps and shall be retained on file with the department of public
works, including information under KCC 14.09.150.
Sec. 14.09.150. Designation of local administrator. The public
weFks director is hereby appointed to administer and
implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the administrator shall include, but not be limited to:
A. Permit review.
1. Review all development permits to determine that the permit
requirements of this chapter have been satisfied.
2. Review all permits to determine that all necessary permits
have been obtained from those federal, state, or local governmental
agencies from which prior approval is required.
17 Amend Chapter 14.09 KCC
Flood Hazard Regulations
3. Review all permits to determine if the proposed development
is located within a floodway. If proposed development is located within a
floodway, ensure that KCC 14.09.180 is enforced.
B. Use of other base flood data (in A and V zones).
1. When base flood elevation data has not been provided (A and
V zones) in accordance with KCC 14.09.060, the CIEs director of
his/heF de&k n-e-eshall obtain, review, and reasonably utilize any best
available data, base flood elevation, and floodway data available from a
federal, state, or other source to administer this title.
C. Information to be obtained and maintained.
1. Where base flood elevation data is provided through thea
flood insurance study, FIRM, or FegUiFed-as4n ursuant to KCC 14.09.140,
the director shall obtain and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
2. For all new or substantially improved floodproofed structures
where base flood elevation data is provided through the -a flood insurance
study, FIRM, or pursuant to KCC 14.09.140, the director
shall:
a. Obtain and record the elevation (in relation to mean
sea level) to which the structure was floodproofed; and
b. Maintain floodproofing certifications required pursuant
to this chapter.
18 Amend Chapter 14.09 KCC
Flood Hazard Regulations
3. The director shall Mmaintain for public inspection all records
pertaining to this chapter, to the extent required by
Chapter 1.05 KCC and Chapter 42.56 RCW.
D. Alteration of watercourses.
1. Notify adjacent communities and the Department of Ecology
prior to any alteration or relocation of a watercourse, submit evidence of
such notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is
not diminished.
E. Interpretations of FIRM boundaries._ Make interpretations where
needed, as to exact location of boundaries of the special flood hazard areas
of special fleed hazaFdS (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person
contesting the location of the actual boundary shall be given reasonable
opportunity to appeal the interpretation as provided for in KCC 14.09.210.
Sec. 14.09.160. General standards. In all special flood hazard
areasaFeas of .peen' Pleed hazaF s, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the
structure.
b. All manufactured homes must likewise be anchored to prevent
flotation, collapse, or lateral movement, and shall be installed using
19 Amend Chapter 14.09 KCC
Flood Hazard Regulations
methods and practices that minimize flood damage. Anchoring methods
may include, but are not limited to, use of over -the -top or frame ties to
ground anchors (reference FEMA's Manufactured Home Installation in Flood
Hazard Areas Guidebook for additional techniques).
2. Construction materials and methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
C. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed, constructed,
afl*or otherwise elevated or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
system;
b. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
systems and discharge from the systems into floodwaters;
C. Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding; and
20 Amend Chapter 14.09 KCC
Flood Hazard Regulations
d. Proposed water wells shall be located on high ground that is
not located within a special flood hazard area.
4. Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to
minimize flood damage;
b. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage;
d. "For all proposed subdivisions or other developments
that contain at least fifty lots or encompass five or more acres, whichever
is less, when base flood elevation data has not been provided, or is not
available from another authoritative source, it shall bathe base flood
elevation shall be determined through a hydrologic study completed by a
qualified professional and submitted by the applicant to the city for the
director's approval. The director may accept, reject, or require the
applicant to submit additional documentation that the director reasonably
deems necessary for review of the hydrologic studygeneFated feF
subdivision PFOpesals and etheF PFOpesed developments which contain at
'east fifty /CM 'Ott OF five (5) aCFes, (whi.d..yeF is less); and
e. Subdivision approval should depict or state what portions of
the development are within special flood hazard areas.
5. Review of building permits. Where elevation data is not available
either through the flood insurance study or from another authoritative
21 Amend Chapter 14.09 KCC
Flood Hazard Regulations
source, applications for building permits shall be reviewed by both the
issuing department and department of public WOFkseconomic and
community development to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a leeal
judgment based, in part, on local-ai+d engineering practices, and includes
use of historical data, high-water marks, photographs of past flooding, and
other similar evidenceetE, where available. Fail Fe to elevate at least two
Sec. 14.09.170. Specific standards. In all special flood hazard
areas areas of .peen' Pleed hazaFds where base flood elevation data has
been provided as set to KCC 14.09.060 or KCC 14.09.140,
the following provisions are required:
1. Residential construction.
a. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated to the flood protection elevation.
b. Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
i. A minimum of two {2}openings placed on at least two
separate walls and having a total net area of not less than one {l}square
inch for every square foot of enclosed areas subject to flooding shall be
provided.
22 Amend Chapter 14.09 KCC
Flood Hazard Regulations
ii. The bottom of all openings shall be no higher than one
{l}foot above grade.
iii. Openings may be equipped with screens, louvers, or
other coverings or devices; provided, that they permit the automatic entry
and exit of floodwaters.
2. Nonresidential construction. New construction and substantial
improvement of any commercial, industrial, or other nonresidential
structure shall either have the lowest floor, including basement, elevated
to the flood protection elevation; or, together with attendant utility and
sanitary facilities, shall:
a. Be floodproofed to the flood protection elevation so that the
structure is watertight with walls substantially impermeable to the passage
of water;
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
C. Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting provisions of this subsection
based on their development and/or review of the structural design,
specifications and plans. Such certifications shall be provided to the official
as set forth in KCC 14.09.150(C)(2);
d. Nonresidential structures that are elevated, not floodproofed,
must meet the same standards for space below the lowest floor as
described in subsection (1)(b) of this section;
23 Amend Chapter 14.09 KCC
Flood Hazard Regulations
e. Applicants floodproofing nonresidential buildings shall be
notified that flood insurance premiums will be based on rates that are one
{}foot below the floodproofed level (e.g., a building floodproofed to one
{l}foot above the base flood level will be rated as at the base flood level).
3. Critical facility. _Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the base floodplain.
Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities
constructed within the base floodplain shall have the lowest floor elevated
to three {3yfeet or more above the level of the base flood elevation at the
site. Below the lowest floor, €floodproofing and sealing measures must be
taken to ensure that toxic substances will not be displaced by or released
into floodwaters. Access routes elevated to or above the level of the base
flood elevationplain shall be provided to all critical facilities to the extent
possible.
4. Manufactured homes. _All manufactured homes to be placed or
substantially improved within zones Al — 30, AH, and AE on the
community's FIRM shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at the flood protection
elevation; and be securely anchored to an adequately anchored foundation
system in accordance with thePFOVis+ens of KCC 14.09.160(1)(b).
Openings in accordance with KCC 14.09.170(l) are required in rigid
skirting attached to frames or foundations of manufactured homes to
relieve hydrostatic loads and minimize transferring loads that can damage
homes and their supporting foundation systems. Installation of skirting
does not trigger the requirement for flood openings if the skirting does not
provide structural support and will collapse, without causing structural
damage to the elevated home or the foundation, under wind and water
loads that are less than those expected during the base flood event.
24 Amend Chapter 14.09 KCC
Flood Hazard Regulations
5. Recreational vehicles. Recreational vehicles placed on sites are
required to meet all applicable provisions of this code. If allowed by code,
recreational vehicles are required to either:
a. Be onsite for fewer than one hundred eighty "days;
b. Be fully licensed and ready for highway use, on its wheels or
jacking system, attached to the site only by quick disconnect type utilities
and security devices, and have no permanently attached additions; or
C. Meet the requirements of KCC 14.09.160(1) and the elevation
and anchoring requirements for manufactured homes.
6. Drainage around structures. Adequate drainage paths are required
around structures on slopes to guide waters around and away from
proposed structures.
7. Standards for AE and Al-30 zones with base flood elevations but no
floodways. In areas with base flood elevations, if a regulatory floodway
has not been designated, no new construction, substantial improvements,
or other development, including fill, shall be permitted within Zones AE
and Al-30 on the community's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within
the community.
Sec. 14.09.175. Compensatory storage.
25 Amend Chapter 14.09 KCC
Flood Hazard Regulations
A. Except as provided in subsection (B) of this section, within the
fleedplain of the aFeas of special flood hazard areas, the following
provisions apply:
1. Applicants shall provide onsite replacement of one hundred
"percent of the storage area lost to encroachments so that there is no
increase in flood levels during the occurrence of the base flood discharge.
Encroachments include fill, new construction, substantial improvements,
and other development. No net fill in a the Pleed ay fFiAgespecial flood
hazard area shall be allowed.
2. If an applicant seeks to provide offsite replacement of one
hundred (199) percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
3. If subsection (A)(1) or (2) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of KCC 14.09.170.
B. Within the lower Mill Creek floodplain delineated on the Flood
Insurance Rate Map Panels 969, 1232, and 1251 as a floodway:
1. Applicants shall provide onsite replacement of one hundred
"percent of the storage area lost to encroachments so that there is no
increase in flood levels during the occurrence of the base flood discharge.
An alternative is to construct such that no net fill is placed onsite.
26 Amend Chapter 14.09 KCC
Flood Hazard Regulations
2. If an applicant seeks to provide offsite replacement of one
hundred (199) percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
3. If subsection (13)(1) or (2) of this section is satisfied, all
residential construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of KCC 14.09.170.
Sec. 14.09.180. Floodways. Within the floodway of the —special
flood hazard areas of special Pleed h.aza.,, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited
within designated floodways, except for: repairs, reconstruction, or
improvements to a structure which do not increase the ground floor area;
and repairs, reconstruction, or improvements to a structure, the cost of
which does not exceed fifty fSG--percent of the market value of the
structure either before the repair, reconstruction, or improvement is
started, or if the structure has been damaged, and is being restored before
the damage occurred. Work done to correct an existing violation of state or
local health, sanitary, or safety code specifications, as identified by the
27 Amend Chapter 14.09 KCC
Flood Hazard Regulations
local code enforcement official, and which is the minimum necessary to
assure safe living conditionsen StFUCtWes to cengply with existing health,
sanitaFY, OF safety code- or work done to structures identified as historic
places,_ shall not be included in the fifty {SG) -percent determination.
3. Proiects specifically designed for the enhancement of fish habitat are
allowed within the floodway when they have been designed to minimize
their impact on base flood elevations, keep any rise in the 100-year flood
levels as close to zero as practically possible, and do not affect any
insurable structures.
4-3. If subsection (1) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of KCC 14.09.170.
Sec. 14.09.190. Wetlands management. To the extent possible
adverse impacts to wetlands should be avoided as such
1. Proposals for development within +tee floodplains shall be reviewed
by the department of economic and community development both issuing
departments and the department of public we;;ESfor their pessible
lmpaetsprobable effects on wetlands located within the floodplain.
2. Development activities in or around wetlands shall not negatively
affect public safety, health, and welfare by disrupting the wetlands' ability
to reduce flood and storm drainage.
3. Assistance from the United States Army Corps of Engineers,_ eF-State
Department of Ecology, or qualified professional as defined in KCC 11.06,
shall be sought in identifying wetland areas.
28 Amend Chapter 14.09 KCC
Flood Hazard Regulations
Sec. 14.09.200. Standards for shallow flooding areas (AO
zones). Shallow flooding areas appear on FIRMs as AO zones with depth
designations. The base flood depths in these zones range from one {l}to
three {3)—feet above ground where a clearly defined channel does not
exist, or where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is usually characterized as sheet flow.
In these areas, the following provisions apply:
1. New construction and substantial improvements of residential
structures within AO zones shall have the lowest floor (including
basement) elevated above the highest grade adjacent to the building, one
{}foot or more above the depth number specified on the FIRM (at least
two {2}feet if no depth number is specified).
2. New construction and substantial improvements or nonresidential
structures within AO zones shall either:
a. Have the lowest floor (including basement) elevated above
the highest adjacent grade of the building site, one {l}foot or more above
the depth number specified on the FIRM (at least two {2}feet if no depth
number is specified); or
b. Together with attendant utility and sanitary facilities, be
completely floodproofed to or above that level so that any space below
that level is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. If this
method is used, compliance shall be certified by a registered professional
engineer or architect as in KCC 14.09.170(2).
3. Require adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures.
29 Amend Chapter 14.09 KCC
Flood Hazard Regulations
Sec. 14.09.210 Appeals. The decision of the
WOFIEs director to approve, to approve with conditions, n or to
disapprove a permit or license for work in a special flood hazard area shall
be in writing, and may be appealed to the 'and use examiner. The
requested permit or license shall not be issued by " city depaFtngent
during the appeal period. The felle ing PFOcedUFes "'y to "Appeals
feffrom the director's decision
condition, OF `en regarding proposals within a special flood
hazard area: shall be governed by the procedures set forth in KCC
12.01.190 and Chapter 2.32 KCC.
the decision be
Feasens why appealed should FeYeFsed
3. A" filed be heaFd by heaFing
OF ngedified.
appeals so shall the
exangineF
and a
Closing date of the heaFing.
4. At 'east days befOFe heaFing,
depaFtngent
seven (7) the appeal
the
the heaFing the
of public WOFIES Will PFOVide exangineF,
inteFest on the
appellant,
and any
placation
etheF peFSene)EPFessingFitters
of the deems.en which is being appealed.
O
al
►T_��_ _�71S9TJ G7GH'C7!_1�G71�L�FR!_71�77 R�L7R'iZ7S7_�7"�T_T_ISLT_T_G77�r'�T_T_I
30 Amend Chapter 14.09 KCC
Flood Hazard Regulations
F
Sec. 14.09.220. Variances. Variances shall be completed in
accordance with those variance provisions identified in the city of Kent
critical areas code Fegulatie s found in "''', Chapter 11.06 KCC, as
amended.
SECTION 2, — 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 3, — Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
31 Amend Chapter 14.09 KCC
Flood Hazard Regulations
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of 12015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
FIAQvllAO,Jlo,n11Afood H—rd Pe9Wzfions_K¢14.09.do-
RONALD F. MOORE, CITY CLERK
32 Amend Chapter 14.09 KCC
Flood Hazard Regulations
KEN ���� �
'Mnvvin is u,Y fJm
TO: City Council
DATE: July 21, 2015
Agenda Item: Consent Calendar — 7I
SUBJECT: Neighborhood Council Resolution — Eagle Creek - Adopt
MOTION: Adopt Resolution No. recognizing the Eagle Creek
Neighborhood Council, supporting its community building efforts, and
conferring on it all opportunities offered by the City's neighborhood
program.
SUMMARY: The City's Neighborhood Program is an initiative designed to foster
better communication among residents in a geographic area and city government.
The underlying objective of the program is to provide an avenue for residents to
work together to enhance the livability of their neighborhoods. To further that
objective, the program encourages organization of neighborhood councils. These
councils serve as independent, non-profit organizations promoting resident -based
efforts for neighborhood improvements while also establishing partnerships between
City government and the neighborhoods they serve.
EXHIBITS: Resolution
RECOMMENDED BY: Staff
BUDGET IMPACTS: None
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RESOLUTION NO.
A RESOLUTION of the city council of the
city of Kent, Washington, recognizing Eagle Creek
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of
Kent encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among
residents and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood
councils by endorsing a process to establish neighborhood boundaries,
approve neighborhood councils, and provide neighborhood grant matching
program opportunities to make improvements in defined neighborhoods.
C. The Eagle Creek neighborhood consists of forty-nine
households.
D. The Eagle Creek neighborhood is located on Kent's East Hill
and is situated generally to the east of 136th Avenue SE, to the north of SE
281't Place, to the west of 137th Avenue SE and to the south of SE 280th
1 Eagle Creek
Neighborhood Council Resolution
Place. The Neighborhood is shown on Exhibit A, attached and incorporated
by this reference.
E. On June 1, 2015, the Eagle Creek neighborhood submitted an
official registration form to request that the City recognize the Eagle Creek
Neighborhood Council and to allow the Neighborhood to take part in the
City's Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1, — Recognition of Neighborhood Council. — The City
Council for the city of Kent hereby acknowledges the effort and
commitment of the Eagle Creek neighborhood and all those who
participated in forming the Eagle Creek Neighborhood Council. The Kent
City Council hereby recognizes Eagle Creek Neighborhood Council as an
official Neighborhood Council of the city of Kent, supports Eagle Creek
Neighborhood Council community building efforts, and confers on the Eagle
Creek Neighborhood Council all opportunities offered by the City's
Neighborhood Program.
SECTION 2, — Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3, — Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
2 Eagle Creek
Neighborhood Council Resolution
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 July, 2015.
CONCURRED in by the mayor of the city of Kent this day of
July, 2015.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution
No. passed by the city council of the city of Kent, Washington, the
day of July, 2015.
RONALD F. MOORE, CITY CLERK
P:\Civil\Reuel ution\Neigh borhoodcou nci leag lecreek. Docx
3 Eagle Creek
Neighborhood Council Resolution
Exhibit A
4 Eagle Creek
Neighborhood Council Resolution
OTHER BUSINESS
This page intentionally left blank.
KENTa �
TO: City Council
DATE: July 21, 2015
Agenda Item: Bids - 9A
SUBJECT: North Park Drainage Improvements: W. Cole St. to W. Cloudy St.
between 2"d Ave. N. and 3rd Ave. N. - Award
MOTION: Move to award the North Park Drainage Improvements: W. Cole
St. to W. Cloudy St. between 2"d Ave. N. and 3Id Ave. N. Project, to Miles
Resources, LLC in the amount of $237,889.00 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The project consists of the installation of underground storm drainage
pipes and catch basins to an alleyway in public right-of-way between 2"d Ave N and 3rd
Ave N connecting W Cloudy Street to W Cole Street in the North Park Community.
Stormwater stubouts to the adjacent private lots will be installed to allow for future
service connections. This work also includes asphalt paving of the alleyway.
EXHIBITS: Memo Dated July 8, 2015
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: None. Project funded through previously budgeted stormwater
utility funds.
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PUBLIC WORKS DEPARTMENT
Timothy]. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: July 8, 2015
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: North Park Drainage Improvements - Award
Bid opening for this project was held on Tuesday July 8, 2015 with six bids received.
The lowest responsible and responsive bid was submitted Miles Resources, LLC in the
amount of $237,889.00. The Engineer's estimate was $200,023.00. The Public Works
Director recommends awarding this contract to Miles Resources, LLC.
Bid Summary
01. Miles Resources, LLC $237,889.00
02. Road Construction Northwest, Inc. $239,240.00
03. Northwest Cascade, Inc. $243,657.00
04. R.W. Scott Construction Co. $258,525.00
05. King Construction Co., Inc. $258,655.00
06. Nor Tec Construction, Inc. $275,887.00
Engineer's Estimate $200,023.00
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KENTa �
TO: City Council
DATE: July 21, 2015
Agenda Item: Bids - 9B
SUBJECT: Traffic Control System Traffic Signal Display Modifications Project -
Award
MOTION: Move to award the Traffic Control System Traffic Signal Display
Modifications Project to West Coast Signal, Inc. in the amount of
$105,425.00 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The project consists of traffic signal display modifications at
approximately 9 intersections within the downtown core area of Kent to display
flashing yellow arrows for permissive left turn movements.
EXHIBITS: Memo Dated July 14, 2015
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: The modification of the traffic signal displays is the final phase of
a project funded entirely by a federal grant (Highway Safety Improvement Program).
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PUBLIC WORKS DEPARTMENT
Timothy]. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: July 14, 2015
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Traffic Control Signal System Traffic Signal Display
Modifications Project - Award
Bid opening for this project was held on Tuesday July 14, 2015 with five bids
received. The lowest responsible and responsive bid was submitted West Coast
Signal, Inc. in the amount of $105,425.00. The Engineer's estimate was
$96,276.00. The Public Works Director recommends awarding this contract to West
Coast Signal, Inc.
Bid Summary
01. West Coast Signal, Inc. $105,425.00
02. Totem Electric of Tacoma, Inc. $114,778.00
03. Transportation Systems, Inc. $122,213.00
04. Valley Electric Co. of Mt. Vernon $124,475.00
05. Prime Electric, Inc. $128,706.00
Engineer's Estimate $96,276.00
P: \Pu blic\Counci I\2015\072115\9 BTmfficControl
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KENTa �
TO: City Council
DATE: July 21, 2015
SUBJECT: Kent Commons Re -roofing Project - Award
Agenda Item: Bids — 9C
MOTION: Move to award the Kent Commons Re -roofing Project to Wayne's
Roofing, Inc. in the amount of $521,220.00 and authorize the Mayor to sign
all necessary documents, subject to final terms and conditions acceptable to
the City Attorney and Parks Director.
SUMMARY: This project is a lifecycle replacement of the metal roofing on the Kent
Commons Recreation Center. The original roof was installed in 1978. Due to a concealed
fastening system that has failed, the current roof no longer provides a watertight seal for
the building.
The project consists of re -roofing the existing 26,000 sf of metal roofing on the Kent
Commons building. Project includes preparation of existing metal roof panels, infilling
over existing metal roofing, new cover board, new SPM roofing with applied decorative
ribs, revised flashing, stucco repair, touch up painting, beam repair and other related
work as required.
EXHIBITS: Memo dated July 21, 2015
RECOMMENDED BY: Parks, Recreation and Community Services Director
YEA: N/A
NAY: N/A
BUDGET IMPACT: Budgeted — Facilities Capital Roof Repairs and Lifecycles
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'r rticriTeNS°
�.�.,,,rrO.
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: July 21, 2015
TO: Mayor Cooke and Kent City Council
FROM: Jeff Watling, Parks, Recreation and Community Services Director
RE: Kent Commons Re -roofing Project - Award
The bid opening for the Kent Commons Re -roofing Project was held on Tuesday,
June 30, 2015 with four bids received. The lowest responsible and responsive bid
was submitted by Wayne's Roofing, Inc. in the amount of $476,000.00. The
Engineer's estimate was approximately $362,500.00. The Parks, Recreation and
Community Services Director recommends awarding this project to Wayne's Roofing,
Inc. and entering into a public works agreement.
Bid Summary (bids do not include WSST)
O1. Cobra Building Envelop Contractors, Inc. $506,031.00
02. Queen City Sheet Metal & Roofing $493,990.00
03. Wayne's Roofing, Inc. $476,000.00
04. Nation's Roof NW $544,485.15
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council Pres
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: 7/21/15
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, July 21, 2015
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
Mayor made application and was appointed to the Association of Washington Cities
(AWC) Board of Directors. AWC is a highly respected voice of cities and towns before
the Legislature, Congress, government agencies and others. They are the leader in
providing valuable services and continuing education for the membership. AWC is the
catalyst for promoting communication between cities and towns and for developing a
broad public understanding of the important roles of cities and towns across the
state.
• The office of the Clerk welcomed Kayla Tanaka-Gildow to their department on
Monday. Kayla is a part-time employee under the City's Supported Employment
initiative through Trillium Employment Services and GoWise.
Kayla is already accustomed to the City as she has been a volunteer at Kent
Commons for the last five years. She comes highly recommended by Doug Siegert,
Recreation Manager at the Commons.
• Aegis Living in Lynnwood is going to create an indoor walk program for seniors
modeled after the Kent4Health ShoWalk. It will be hosted in the convention center
twice a week. The Lynwood fire department has also expressed an interest to
participate and provide fall education. There is no start date at this time.
• Departments met with the consultants regarding the City Hall Campus Space
Efficiency Study. The study is to determine whether interior modifications to the City
Hall Campus can accommodate the Police Department's medium -term space needs
and increase the efficiency of all city departments. For the first phase, each
department turned in a checklist prior to their individual meeting with the architects
that was to assist them with space needs. The consultants will meet later this month
with Parks Director Jeff Watling and Derek to review the findings and determine next
steps.
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Our Norway sister city had 14 ambassador applicants this year! We had the pleasure
to meet two ambassadors from Forde, Norway that came to visit the Mayor during
their Kent visit on the 15. They will be visiting the area for two weeks before
returning home.
Their only exposure to American culture is what they had seen on YouTube
videos. One ambassador was amazed by the number of cars on the road
and how wide the streets are in Kent. When they return home they will take
their host back with them for an exchange visit.
Our sister cities Yangzhou, China and Tamba, Japan will be visiting Kent in
August. To learn more about Kent's Sister Cities and the program, visit
Sister Cities at Kentwa.gov.
ECONOMIC AND COMMUNITY DEVELOPMENT
Nothing to report
FINANCE
Finance is continuing to work with the State Auditor's Office on their 2014 financial
and accountability audit of the City. We are anticipating that the financial audit will
be wrapped up in the next couple of weeks. The accountability audit will continue
likely through the summer.
The Tax Division met with the Information Technology department to begin
discussions on current tax system process and future needs. While this meeting was
exploratory, it signals the beginning of a longer joint Finance/ Information
Technology project on upgrading/renovating/improving the City's B&O and tax
systems.
HUMAN RESOURCES
Nothing to report
INFORMATION TECHNOLOGY
People may notice the new meeting room calendars found outside the Centennial 1st
Floor Conference Rooms and the City Hall 2nd Floor Conference Rooms. The daily
schedule of room use is now available right at the doors electronically. This is a pilot
program that IT has initiated and worked with Facilities on that repurposes outdated
iPads that would otherwise be deconditioned and retired and puts them back in to
useful service for real time room availability and use.
LAW
Ro-Con Equipment Specialist, Inc., and the City of Kent jointly filed a Voluntary
Dismissal of the Land Use Petition Act appeal that was set to be heard by the Court
of Appeals.
Mr. Roth is the owner of Ro-Con Equipment Specialist, Inc., that stored and repaired
heavy equipment within the City of Kent. Mr. Roth's application for a Conditional Use
Permit was denied by the City of Kent's Hearing Examiner. Mr. Roth appealed that
decision in the King County Superior Court. After hearing testimony, the court
upheld the Hearing Examiner's decision denying the Permit. Mr. Roth then appealed
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the Court's decision to the Court of Appeals. Prior to the Court hearing the case, Mr.
Roth brought his property into compliance with City codes and agreed to dismiss his
appeal before the Court of Appeals.
MUNICIPAL COURT
Nothing to report
PARKS, RECREATION, AND COMMUNITY SERVICES
Housing and Human Services
o The North, East and South King Cities participating in Sharel have developed a
joint city monitoring policy and procedures to ensure consistent monitoring of
Human Services Contracts. The policy includes onsite monitoring and optional desk
monitoring for all human services contracts and forms that will be completed and
loaded to Sharel. Kent staff will continue desktop monitoring for all contracts
although the policy identifies this as optional.
o Human Services staff are partnering with King County Employment and Education
Resources to host a Youth and Young Adult Job Fair August 27 to support
pathways into workforce. The main focus population is young people that have
participated in summer job experience and are completing their GED and
continuing on to college. Organizations participating and engaging youth to attend
include Youth Source, Neighborhood House, Multiservice Center, Coalition of
Refugees from Burma, Asian Counseling and Referral Services and Kent Parks and
Recreation. Flyers will also go to Kent Youth and Family Services, SeaMar, and
Re WA.
o A partnership that includes Kent Human Services, Economic Development,
Coalition for Refugees from Burma, and others were invited to submit an
application for a Boeing Grant for our Good Jobs Equal Economic Opportunity
proposal. The proposal includes a refugee and immigrant workforce development
grant to develop the middle school to community college manufacturing
employment pipeline.
o Iraqi Women's Association, a Kent Cultural Diversity Initiative Group stakeholder,
is hosting a Ramadan Iftar and Fundraiser on July 17 at Kent Phoenix Academy
from 9 p.m. to 12 a.m. The whole community is invited as a way for people from
other religious backgrounds and cultures to have a glimpse of the Iraqi Muslim
culture. Toys are distributed to children during Iftar, and the Housing and Human
Services Division are donating toys for the event.
o The Kent Cultural Diversity Initiative Group meeting held at the Green River
College campus at Kent Station was a success. Approximately 40 individuals
attended representing a wide variety of agencies, systems, and grassroots
organizations. Service Club representatives from Kiwanis and Rotary discussed
their organizations and facilitated a discussion about how the Service Clubs and
immigrant and refugee communities could better connect and work together.
Some of the ongoing challenges identified by the service providers in general
included communication and language barriers. The "mini city hall" concept, kiosks
staffed by service providers with multiple languages, and working with King
County/Public Health Transformation staff were all ideas generated during the
discussion.
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o Public Health Seattle and King County, along with the Healthy King County
Coalition and Seattle Children's Hospital received a Partnership to Improve
Community Health (PICH) grant from the Centers for Disease Control and
Prevention (CDC). The focus of the PICH grant is to increase access to healthy
foods and physical activity, reduce exposure to unhealthy foods and beverages
and reduce exposure to tobacco products.
Kent was selected as one of the place -based efforts and the PICH team will
provide funding and work more in-depth in the community. The first community
vision meeting was held on March 11 at Kent Commons.
Recreation and Cultural Services
o Youth/Teens/Adaptive
• Teen Camp offers 7th, 8th, and 9th grade participants an opportunity to enjoy
positive safe, and memorable experiences while making new friends and building
self-esteem. During the first three weeks of camp, the teens have thoroughly
enjoyed exploring the natural beauty of Flaming Geyser State Park, Snoqualmie
Falls, Ballard Locks, and Lake Fenwick. They have also had lots of fun at less
natural wonders including the Lemay Car Museum and Game Works! Healthy
eating and healthy lifestyle choices are primary focuses at camp. A goal is to
instill in the teens good eating and exercise habits that will benefit them for a life
time.
• The Summer Playground Program is underway at five park locations on the West
Hill, Valley, and East Hill. The program is setting attendance records with daily
average participation running at 70-85 kids per site. Participants are kept active
with sports, games, arts and crafts and special events. MultiCare and Hope Heart
Institute have partnered with us this summer introducing the healthy eating
programs; "5210," "Cool Cardio" and "Gnarly -Nutrient Hour."
• "Monday Adventures", is an Adaptive Recreation program that features
opportunities for participants to explore and engage with their community
through trips and tours. This week's great adventure took them to the national
landmark, Mima Mounds. Participants got to join the great debate about what
makes up these natural wonders! Are they giant gophers, asteroids or some odd
ground mutation? You will need to ask one of the participants!
o Cultural Programs
• Kent's Fourth of July Splash at Lake Meridian Park attracted approximately
15,000 people. The event featured community showcase performances and
professional headline performances by Shaggy Sweet and The Stone Foxes on
the stage. Additional activities included games and hands-on activities, food
booths and, of course, the fireworks display.
• The 2015 Kent Summer Concert Series kicked off on Wednesday, July 8 with a
performance for kids and families at Town Square Plaza at noon. Roberto the
Magnificent entertained approximately 750 people with juggling and physical
comedy.
POLICE
Staff Changes — Hiring/Retirement/Recruitment/ Leaves/Promotions
o Conditional offer made to entry level candidate Gregory Cox.
o Officer Audra Stafford graduated from the Academy on July 15.
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• Significant Crime Activities/Arrests/Investigations
o Drive -by shooting July 9. Detectives have interviewed a few witnesses and have a
name of the possible shooter. Detectives interviewing witnesses and showing
montages to confirm the name we have is the shooter.
o A bicycle officer made contacted with a suspect in a vehicle at the transit center.
The suspect grabbed under his seat so the officer tried to restrain him in the car.
The suspect then drove off with the officer hanging from the car. The officer was
able to free himself with minor injuries. Suspect was later found at his residence
and arrested.
• Major Emphasis with Patrol
o Conducted a gang emphasis at Cornucopia Days. The department had multiple
other service agencies (OSA) assist over both Friday and Saturday nights. There
were no gang issues over the weekend at the fair or carnival.
o The days leading up to July 4 were calmer than usual due to the dry weather
concerns and the combined KPD/RFA enforcement and safety communication plan.
The Splash event was adequately staffed for enforcement and to control
ingress/egress. The event had no issues. The evening of the 4th of July was
extremely busy with emergency calls and firework enforcement.
• Event Presence
o Splash at Lake Meridian — Saturday July 04
o Cornucopia Days — Thursday July 09 — Sunday July 12
o Assistant Chief Kammerzell attended the Islamic 2015 Community Iftar and
Interfaith Dialogue
PUBLIC WORKS
Streets
o Street Maintenance
• Grind and pave roadway on Reith Rd between 42nd and 38th
• Prep and pour for sidewalk on James St between 1't Ave and 2nd Ave and backfill
area
• Grind hump in roadway at the 25200 block of West Valley Highway
• Remove tree stumps on James St between 2nd and 3rd Ave and prep for pour
• Crack seal roadway on 118th PI beginning at 259th PI to its south end terminus
o Signs, Markings and Litter Removal
• Pick up Traffic control and signage for Cornucopia Days
• Clean Roundabouts Island for Painting on 42nd Ave S and 216th St; Jason Ave S
and Cedar St; 100th Ave SE and SE 244th ST and SE 246th PI; SE 253rd PI and
135th Ave SE; SE 278th St and 148th Way SE and 146th Ave S.
• Install sign bases on East Hill South
• Pick up litter, remove debris and remove illegal signs on West and East Hills,
North and South Valley
o Vegetation
• Water Veg: Mow and weed eat at Armstrong Springs, East Hill shop, 640 zone
tank, Impoundment and Ravensdale houses
• Wetland maintenance crew: (mow and trim) Misty Meadows (128th PI SE and SE
232nd PI); Summer Glen Div 2 and 3 (124th Ave SE and SE 221't PI); Glenmar
(124th Ave SE and SE 217th PI); Glencarin Trace (121't PI SE and SE 219th PI);
Glencarin South (122nd Ave SE and SE 221't St); Pheasants Hollow A (125th PI
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SE and SE 2261h PI); Pheasants Hollow B and C (126th Ave SE and SE 226th ST);
Pheasants Hollow D (127th Ave SE and SE 225th PI); Maplewood East (117th Ave
SE and SE 225th St); West Creek Meadows A and B (116th Ave SE and SE 217th
St); Linda Highlands (127th Ln SE and SE 201't St); Linda Crest A and B (SE
201st PI and 127th Ave SE); Frager Berm (Frager Rd and 46th Ave S); Russell Rd
Wetlands (225th Ave S and Russell Rd S); Vactor Site — Including weeding beds
(64th Ave and 226th St); Boeing Creek and Ditch (S 212th St and 68th Ave S);
Boeing wetland (SE 208th St and WVH); 196th corridor (72nd Ave S and S 196th
ST) Pacific NW Equipment (78th Ave S and S 200th ST); Cut back blackberries
along 64th Ave from 226th to the Animal Shelter; Clean sidewalk, pick up litter
and weed whack at South Seattle Auto Auction (S 212th St and 76th Ave S)
• Street Vegetation: Repair fence at James St with Street crew; line trim at Lake
Fenwick, Reiten Rd, Canyon and all traffic islands City wide; Post Cornucopia
clean in downtown area, Titus parking lot, Lincoln Ave and Railroad and Willis;
Curb and crack clean up on 208th from 92nd to 132nd; Mow and line trim West
Valley corners from 228th to 196th and on Reith rd from 253rd to Lake Fenwick
Rd
• Sidearm Mowing: Carter St; 124th Kangley to City limits; 132nd Kangley to
282nd
• Holding pond maintenance (mow and trim):Starlake Highlands service request
(3620 S 272nd PI); Adrian PI service request (27121 37th Ave S); Cambridge
service request (4417 S 263rd St); Canterbury Glen service request (12526 SE
Kent Kangley); Glen Carin S service request (22204 122nd); Kingstone (SE 270th
St and 114th Ave S); Star meadow (SE 266th PI and 112th Ave SE); Starwood
(265th PI and 114th Ave SE); Alvins Pond (SE 260th PI and 108th Ave); Willow
Point (SE264th PI and 110th PI); Mack Park (SE 266th PI and 111th PI SE); Echo
Glen Heights B (27108 110th Ave SE); Lexington Square (SE 268th St and 114th
Ave); Echo Glen Heights Tract C (SE271st St and 110th Ct SE); Star Meadow
(11209 SE 267th PI); Julie's Addition (26504 115th PI SE); Cottonwood and
Millbrook heights (26823 121st PI SE); Jane's Place (237th ST and 138th Ave);
LID (SE 259th PI and 116th Ave SE); Highland Park (13006 SE 266th PI); Mc Hugh
short plat (SE 256th St and 119th PI); Burkhardt Heights Tract A (27007 117th PI
SE); Kangley Downs (SE 271st St and 114th Ave SE); Stillwater Shadows (12730
SE 261st PI); Mulder Plat (SE 260th PI and 124th Ave SE); Highland Estates (SE
263rd St and 123rd Ave SE); McKenna Meadows (SE 259th St and 124th Ave SE)
Water
o Water Source and Supply
• Wellhead protection
• Daily treatment run
• Start-up and troubleshooting of Guiberson Reservoir influent control
valve. Flowing 2MGD of Tacoma supply in combination with our Kent Springs
source
• Working on Moore property inspection list
• Prepare 212th water treatment plant for start-up (estimated Thursday start-up,
production will be +/- 3MGD for valley floor/west hill)
• Preventative maintenance work orders on equipment and facilities
o Distribution
• Chlorine injection and purities on Olympic PI. waterline installation
• Tie-in Olympic PI. waterline and install services
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• Shutdown for Daniel PRV contractor for tie-in (this includes staff time for shut-
off notification)
• Grind pavement for Crest Ave watermain replacement project
• Pothole Crest utilities for watermain project
• Potholing 182nd and 72nd to find 2-inch galvanized main for deletion.
o Hydrants and Large Meters
• Hydrant maintenance — 8810 S. 208th St. and hydrant maintenance list.
• Set new meters at Bridges development
• Hydrant replacement — 26630 40th Ave S (includes mock shutdown, customer
notification, and area restoration after install)
• Locates Citywide
Storm
o Catch Basin repair at 210th and 119th
o Digging ditch and repairing culvert at 41't and 243rd
o Picking up rock piles and finishing digging ditch and grading shoulder at Lake
Fenwick Park
o NPDES assessing storm system in the area of 213th and 104th
o Cleaning storm system in the area of 238th and 100th
o Vactor pumping catch basins at 216th and 116th
o Potholing for Engineering project on lst and Temperance
o Driving for Street department paving project on Reith Rd
o Asphalt storm line spot repair at 216th and 103rd
Sewer
o Man hole change out on 228th and 64th for Pacific Walk Way Project and at
Central and Gowe
o TV Existing Storm Map M (area from 259th to 240th and Washington to Central)
o Clean Existing Sewer Map F (area from Washington to Central and 240th N to
224th)
o Union Pacific Storm Pump Station Walkway Improvements 72nd and 266th
o Change out Diffusers at Lake Fenwick Pump Station
o Pull pump #1 at Lindental for repairs
Warehouse
o Assist Fleet Services when needed
o Haul out spoils as trucks become available
o Acquire materials for Cloudy St water main replacement project
o Prep items going to surplus
Fleet/Radio Shop
o Radio Shop
• Help in the origination of the upstairs area above the warehouse.
• Help Levin with mounting electrical box
• Help Bryan Bond with Radio UID's
• Misc. Radio and electrical repairs
• Install new light bar and corner strobes to Green Jeep in the motor pool
o Fleet Shop
• Prep two trailers for service
• 5 Detective vehicles in for service
• 2 motor pool vehicles to transmission shop
• Send side arm mower for repairs
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14 preventative maintenance services on Police vehicles
14 preventative maintenance services on motor pool vehicles
Service on Traffic motorcycle
New Paver Training
Repair tarp arm on 10 yard dump truck
Drop in repairs on small mowers
10 small mower services
Design
o $15 million is included in the state budget for the S. 228th Street Union Pacific
Railroad Grade Separation Project. $13 million in the 15 to 17 biennium and $2
million in the 17 to 19 biennium.
o Briscoe- Desimone Reach 4 Project will bid on Tuesday July 13 with a bid opening
date of July 28.
o Kent Regional Trails Connector project is ready to bid and will be advertised in the
next week or two.
o Merge meeting for the Central Avenue Pavement Preservation Project was held on
Tuesday July 13.
o Preconstruction meeting with Marshbank Construction for the Central Avenue
Pavement Preservation Project was held on Wednesday July 15.
o WSDOT Right -of -Way certification for 108th/208th has been approved. Bidding of
the project is pending WSDOT channelization plan approval.
o Finalizing plans and specs for the Kent Regional Trails Connector project with a
proposed bid date within a couple of weeks.
o In process of designing the 1st Avenue - Smith to James Street project. Funding in
the amount of $272,000 for this project is included in the state budget.
o Second Interview for GIS analyst position was held on Wednesday July 14.
o Recruitment plan for Engineer II position has been sent to Human Resources.
o Drafting interlocal agreement with King County Flood Control District for the
Milwaukee II Levee.
Land Survey
o Central Ave. South Improvements: Staking out project right of way in preparation
for construction.
o Little Project Mitigation Plan: Design Topography and Wetland delineation
mapping. (Area of Mill Creek that is north of E. James St. and east of Woodford
Ave. North)
o North Park Drainage Improvements: Merge meeting with stake holders.
o Upper Mill Creek Dam: Topography and Wetland delineation mapping for project
mitigation. (Area east of Home Depot)
o River Park Channel: Cross section and monitoring control set up, mapping and
analysis.
o First Ave. North: Topography and Right of Way between Smith St. and James St.
on east side of Kent Station.
o Clark Springs: Additional Topography as requested.
o GIS Asset Collection and Mapping: Locating water assets around other scheduled
project work. These assets include water valves, meters and cross -connection
valves throughout the city in an on -going mapping service.
o GIS Enterprise Data: Working with stakeholders in improving asset mapping, right
of way and data layers.
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o Global Navigation Satellite System (GNNS) Control: Horizontal and Vertical control
sessions using GNSS on right of way monuments located within major road
corridors and plats throughout the city.
o Water Service Boundary: Legal Description and exhibit for the updated service
agreement between Water District 111 and the City of Kent.
o Right of Way: Providing professional review of right of way questions to internal
customers. Calculating and mapping right of way, boundaries and easements for
City purposes.
o Economic Development Department: Professional review of submittals for
conformance to Kent City Code and State RCW/WAC as they relate to land
segregations within the City Limits.
Construction
o Briscoe-Desimone Levee Improvements - Reach 1: The final walk-thru has been
requested and punch lists were due on July 15.
o SR 516 to S 231st Way Levee Improvements — James St / Russell Rd
Realignment: Security camera installation is complete, and the illumination
system was energized on July 10.
0 2015 Vehicle Detector Loops: The contractor is approximately 90% complete with
loop installation and has completed splicing on all sites that were completed in the
daytime. Nighttime work for a final location that impacts the 228th off ramp from
SR167 is currently scheduled for the night of July 21.
0 640 Zone Pressure Reducing Valve Stations: Final restoration at 2 of the 3
locations is ongoing. Unidentified utilities have delayed the final connection at the
Daniel site. This connection is currently scheduled for July 16.
o Central Ave S. Pavement Preservation and Utility Improvements: The construction
contract has been awarded to Marshbank Construction and is fully executed. The
preconstruction meeting was held on July 15.
0 2015 Plastic Markings: The contractor has completed approximately 30% of the
contract work and will be working Saturdays as weather allows.
0 2015 Paint Line Striping: The line striping is approximately 50% complete and will
follow with curb painting. The contractor is working Saturdays as weather allows.
o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee — South
Reach: This project has been awarded to SCI Infrastructure and the contract has
been routed to them for their review and execution.
0 2015 Asphalt Overlay: The contractor proceeded on July 13. A location proposed
to be added to the contract via change order has been provided to the contractor
for review and pricing.
o W. Gowe St: The project has been awarded to RL Alia Company on July 8 and the
contract has been transmitted to the contractor for their review and execution.
o North Park Drainage Improvements: The project was bid on July 7, and the
apparent low bidder is Miles Resources, LLC.
o Kent Regional Trails Connector: Working through the selection process to hire a
consultant firm to manage the construction of this federally funded project.
o Development Projects
• The Preconstruction Conference for Star Rental took place on July 10.
• The Preconstruction Conference for Global Ventures was July 15.
• Performance Walk Thru for Ward Short Plat has been requested and punch lists
are due on July 21.
• Performance Walk Thru for Yancy Pallets has been requested and punch lists are
due on July 20.
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• Performance Walk Thru for Irwin Short Plat has been requested and punch lists
are due on July 22.
• Follow-up meetings for the implementation of the revised processes resulting
from the Civil Construction LEAN that took place in June are commencing every
Wednesday at 10:00 AM.
• 40+ Development projects active in addition to multiple (40+) Utility projects
throughout the City.
o Miscellaneous Construction Engineering Activities
• Participated in the Lean Session for Standardizing Capital Projects from July 6-
10.
• Participating in Mill Creek Reestablishment weekly meetings.
• Participating in the Public Works Engineering P4 Action Team for the
development of clear, consistent and realistic processes for executing Public
Works Engineering Programs, Projects, Planning and Priorities.
Special Projects/Transportation
o The first 8 traffic signal controllers are live in the City as of July 14. A total of 24
traffic signal controllers will be implemented as a part of the 2015 Traffic Signal
System Update. These controllers will allow for flashing yellow arrows later this
year after the Traffic Control System Signal Display Modification work is
completed. The Traffic Control Systems Traffic Signal Display Modifications bid
opening was July 14. The low bidder is West Coast Signal, Inc., out of Burien in
the amount of $105,425.
o Cost savings during construction of the 2015 Traffic Loops contract allowed for 9
additional loops at 5 locations to be replaced in 2015.
o Solar speed radar signs for the SODO neighborhood have been delivered. Work
orders have been submitted and work will be scheduled.
o Staff completed follow-up traffic studies of the 2014 Residential Traffic Calming
projects. Results of the studies show the projects are functioning as intended.
o Interviews for the Senior Transportation Planner were conducted on July 14. The
second interview process is being scheduled.
Environmental
o The 10-year interlocal agreement with the local agencies in Water Resource
Inventory Area 9 was recommended for approval by the PW Committee on July 6.
o The South Reach of the Upper Russell Road Levee was awarded and is proceeding
to construction.
o Bids were opened on the North Park Drainage Improvements. The low bidder was
Miles Resources, LLC.
o PW Committee recommended approval of consultant contracts on the Mill Creek
Reestablishment to design wetland mitigation and assess two culverts for hydraulic
improvements.
o Starting to receive applicants for the open Environmental Engineer II
position. Will be opening recruitment for the Conservation Analyst and Tech II
positions soon.
o Continuing review of the draft King County Surface Water Design Manual for
changes and potential adoption by the city in 2016.
o Continuing inspections and documentation of Cross Connection Control facilities.
o Continuing inspections of private utility systems.
o Continuing facilitation and implementation of Clean Water Act stormwater permit.
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
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STATE OF WASHINGTON, COI]NTY OF KING }AFFIDAVIT OF PT]BLICATIONPUBLIC NOTICELinda M Mills, being first duly sworn on oath that she is the LegalAdvertising Representative of theI(ent Reportera weekly newspaper, which newspaper is a legal-newspaper ofgeneral iirculatibn and is now and has been for more than six monthsirior to the date of publication hereinafter referred to, published inihe English languag-e continuously as a weekly newspaper in-KingCountf Wastrington. The KentReporter has beenapproved as_a.LegalNewspaper by order of the Superior Court of the State of Washingtonfor King County.The nolice in ihe exact form annexed was published in regularissues of the Kent Reporter (and not in supplement form) which wasregularly distributed tb its subscribers during the below stated period.The annexed notice, a:Public Noticewas published on July 10, 2015.The full amount of the fee charged for said foregoing publication isthe sum of $73.96.ZU,r"MillsAdKent ReporterSu10th day of July, 2015.KENT CITY COUNCILNOTICE OFPUBLIC HEARING2n16-2021Six YearTransportation ImprovementProgram (TIP)NOTICE IS HEREBY GIVENthat the Kent City Council willhold a public hearing on the 2016- 2021 Six Year TransportationImprovement Program (TIP) onTuesday, July 21, 2015 at 7:00p.m. in the Council Chamben atKent City Hall, 220 Fourth Ave-nue South, Kent, WA 98032. Allinterested persons are invitedto attend and will be given anopportunity to speak.Any person requiring a disabilitYaccommodation should contactthe City Clerk's Office in ad-vance at (253) 856-5725. ForTTD relay service, call theWashington TelecommwricationsRelay Service at (800) 833-6388.Ronald F. Moore, MMCCity ClerkPuublished in the Kent Reporteron July 10, 20 I 5. # I 36805 1.tllll,NSo_NOTARYPUBLICo-1OpWAPublic for the State of Washington,tttt,lilltr\t\\