HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/07/2014CITY OF KENT
City Council MeetingAgenda
October 7, 2014
Mayor Suzette Cooke
Dana Ralph, Council President
Councilmembers
Jim Berrios
Bill Boyce
Brenda Fincher
Dennis Higgins
Deborah Ranniger
Les Thomas
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KENT CITY COUNCIL AGENDAS
October 7, 2014
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
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COUNCIL WORKSHOP AGENDA
5 P.M.
Subject Speaker Time
ShoWare Center Aaron BeMiller/Ben Wolters 60 min
2015-2016 Biennial Budget Aaron BeMiller 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. Public Recognition
B. Community Events
C. Proclamation for Releaf 2014 at Clark Lake Park
D. Proclamation for Domestic Violence Awareness Month
E. Economic and Community Development Report
F. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, “Public Comments,” on the reverse side.
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop – Approve
B. Payment of Bills - Approve
C. Consultant Agreement with Environmental Science Associates for Wetland
Mitigation Monitoring - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. 2015-2016 Biennial Budget – Set Second Public Hearing Date
E. 2015-2020 Capital Improvement Plan – Set Second Public Hearing Date
F. Kent Comprehensive Plan and Amendments to Kent City Code Section
12.13, RE: School Impact Fees – Set Public Hearing Date
G. 2014 Property Tax Levy – Set Public Hearing Date
H. Well System Maintenance Easement – Authorize
I. Termination of Well Agreement - Authorize
J. 2015 Washington State Arts Commission Project Support Grant – Accept
K. “I” CANN Fitness Equipment Donation for West Fenwick Park – Accept
8. OTHER BUSINESS
A. Recreational Marijuana Zoning Regulations, Ordinance – Adopt
B. New Alaska Mobile Home Park Rezone Ordinance (Quasi-Judicial) –
Adopt
C. Lower/Lowest Russell Road Condemnation Ordinance – Adopt
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Pending Litigation, as per RCW 42.30.110(1)(i)
B. Property Negotiation, as per RCW 42.30.110(1)(c)
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) ShoWare Center - Aaron BeMiller/Ben Wolters
2) 2015 – 2015 Biennial Budget – Aaron BeMiller
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Proclamation for Releaf 2014 at Clark Lake Park
D) Proclamation for Domestic Violence Awareness Month
E) Economic and Community Development Report
F) Intergovernmental Reports
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Whereas, the city of Kent has a strong and active volunteer community;
and
Whereas, connecting with others and working together through volunteer
service will unite the diverse groups in our community to
undertake and complete a successful project; and
Whereas, since 2002 the city of Kent has held a ReLeaf volunteer event to
focus on reforestation and revegetation of Clark Lake Park in
Kent; and
Whereas, Clark Lake Park's 130 acres provides walking trails, a sparkling
lake and habitat for numerous species, and
Whereas, Kent Parks, Recreation and Community Services Department is
dedicated to enriching lives by providing safe and inviting parks,
open spaces and facilities, and
NOW THEREFORE, I, Suzette Cooke, Mayor of the city of Kent, do hereby
proclaim the day of Saturday, October 11, 2014 as
In the city of Kent, and I encourage all citizens to join me in recognizing
the importance %J this observance by volunteering your time to help in our
community.
In witness whereof, I have hereunto set my hand and caused the seal of Kent
to be affixed this 7th day of October 2014.
S��z�tte Cooke, Mayor
W A S H t N G T O N
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WHEREAS, October is National Domestic Violence Awareness Month and the
third week in October is YWCA Week Without Violence, and
WHEREAS, domestic violence is a pattern of physical, emotional, verbal,
and/or sexual abuse, which includes, but is not limited to, threats,
intimidation, isolation, and/or financial control. Domestic Violence
is an intentional pattern of behavior that is used by one person as
a means to harm and take power and control over another person
in the context of a dating, family, roommate or caretaker
relationship; and
WHEREAS, domestic violence is an epidemic affecting all communities,
regardless of age, socioeconomic status, educational background,
race, ethnicity, religion, national origin, ability, sexual
orientation, or gender; and
WHEREAS, 1 in 4 women in the U.S. are victims of domestic violence; and
WHEREAS, many drivers of domestic violence, including poverty and low
educational attainment - affect communities of color in greater
proportions because of the underlying effects of structural and
institutional racism; and
WHEREAS, the City of Kent is committed to a professional response to
incidents of domestic violence in our region; and
NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby
proclaim the month of October 2014 as
DOMESTIC VIOLENCE AWARENESS MONTH AND THE
THIRD WEEK OF OCTOBER AS YWCA WEEK WITHOUT
VIOLENCE
In the City of Kent, Washington, and call upon all communities members to
observe this month and join together in ending violence in our community.
In witness whereof, I have hereunto set my hand and caused the Seal of the
City of Kent to be affixed this 7th day of October, 2014.
Cooke, Mayor
KENT
WASti1NGTON
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A_
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through K.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
September 2, 2014 and September 16, 2014.
7B. Approval of Bills.
Approval of payment of the bills received through July 31 and paid on July 31
after auditing by the Operations Committee on September 16, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/31/14 Wire Transfers 5940 - 5957 $1,494,504.78
7/31/14 Regular Checks 684726 - 685343 $6,881,568.59
Void Checks ($1,051.35)
7/31/14 Use Tax Payable $1,096.89
$8,376,118.91
Approval of payment of the bills received through August 15 and paid on August
15 after auditing by the Operations Committee on September 16, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/15/14 Wire Transfers 5958 - 5973 $1,886,835.32
8/15/14 Regular Checks 685344 - 685733 $3,744,825.48
Void Checks ($301.26)
8/15/14 Use Tax Payable $1,210.08
$5,632,569.62
Approval of payment of the bills received through August 31 and paid on August
31 after auditing by the Operations Committee on September 16, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/31/14 Wire Transfers 5974 - 5985 $1,327,503.74
8/31/14 Regular Checks 685734 - 686111 $2,987,339.15
Void Checks ($0.00)
8/31/14 Use Tax Payable $2,759.28
$4,317,602.17
Approval of checks issued for payroll for July 16 through July 31 and paid on
August 5, 2014:
Date Check Numbers Amount
8/5/2014 Checks 336119 - 336265 $114,092.74
Voids and Reissues
8/5/2014 Advices 332318 - 332975 $1,311,035.28
$1,425,128.02
Approval of checks issued for payroll for August 1 through August 15 and paid on
August 20, 2014:
Date Check Numbers Amount
8/20/2014 Checks 336267 - 336408 $99,880.60
Voids and Reissues
8/20/2014 Advices 332976 - 333634 $1,285,744.30
$1,385,624.90
Approval of checks issued for payroll for August 16 through August 31 and paid
on September 5, 2014:
Date Check Numbers Amount
9/5/2014 Checks 336409 - 336551 $93,356.55
Voids and Reissues
9/5/2014 Advices 333635 - 334292 $1,302,030.60
$1,395,387.15
Kent City Council Workshop Minutes
September 2, 2014
The workshop meeting was called to order at 5:12 p.m. by Council President Ralph.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Thomas.
Councilmember Ranniger arrived at 5:27 p.m.
Transportation Network Companies/Taxi legislation – Monica Whitman, Senior
Transportation Planner introduced Megan Pedersen, King County Deputy Director of
Records and Licensing Services. Pederson explained the legislation and highlighted
the regulatory framework, noting that the State of Washington has delegated counties
and cities to regulate taxis and licensed for-hire vehicles that transport passengers for
compensation within their jurisdications. Additionally, she noted that the state
regulates the operation of limousines (town car/sedan services). She communicated
that UberX, Sidecar, and Lyft are deemed to be Transportation Network Companies
(TNC). She stated that King County hired a consultant and a transportation
subcommittee was started in Seattle to assist in proposing legislation. Pedersen noted
that King County works very closely with Seattle and they didn't want the legislation
in King County to be too different from that of Seattle.
Councilmember Higgins asked what the cities that were outside the interlocal
agreement were doing and Pederson replied she wasn't sure. Higgins added that this
seems to be a lot of work for cities outside of the agreement and Pederson pointed
out that the Kent Municipal Code adopts King County code by reference, so when King
County revises its code, the City Council will need to take action.
Pederson discussed the background and gave an overview of new King County
legislation on For-Hire Transportation.
Pederson discussed how King County came up with the $0.35 per ride fee addition
and discussed flat-rate fee taxis. She highlighted that Seattle will be offering 200
more taxi licenses over the next three years and that $0.10 of the fees will go to pay
for the outfitting of those new vehicles. She noted that this legislation should take
effect in November.
Councilmember Fincher verified that taxi no-shows seem to occur often and usually
dispatch blames the taxis and the taxi company blames the dispatchers.
Councilmember Higgins noted that the King County Council adopts this on September
15. Higgins inquired if TNCs are covering all of the County and Pederson noted that
they are in Bellevue, Medina, and Newcastle.
The meeting adjourned at 5:54 p.m.
Ronald F. Moore, MMC
City Clerk
Kent City Council Meeting Minutes
September 2, 2014
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger, and
Thomas.
CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
PUBLIC COMMUNICATIONS
Mayor Cooke introduced Interim Chief Administrative Officer Ben Wolters. She noted
that Chief Administrative Officer Derek Matheson’s wife was in labor and having a
baby.
Councilmember Thomas communicated that Henrik Sortun passed away. He discussed
his family and his commitment to Kent.
Mayor Cooke discussed her memories of Henrik and that she appreciated his
involvement in the Sister City program with Norway.
Councilmember Higgins said he would miss Henrik. He noted that he will remember
him with great affection.
Councilmember Berrios noted that Henrik came to the U.S. at the age of 7 with a large
family. He communicated that he visited him on Wednesday night and he has worked
for the City for 40 years. He discussed his memories of him and said he was a great
example for the kids and the community and will be missed.
Council President Ralph stated that this community will miss Henrik and he spent
countless hours volunteering here in Kent. She said there are a multitude of young
people who will miss him.
Councilmember Ranniger communicated that he will be missed. She added that he has
had a huge impact on the community.
A. Public Recognition – None.
B. Community Events – Councilmember Ranniger communicated that there will be a
celebration at Wilson Playfields on September 6 at 10:00 a.m. to celebrate the
installation of the new turf.
C. Proclamation of Constitution Week - Mayor Cooke presented the Constitution
Week Proclamation to Tracy Harrison and proclaimed September 17 to September 23
as Constitution Week in the City of Kent. Ms. Harrison highlighted the proclamation
and thanked the Mayor and the Council for it.
Kent City Council Meeting Minutes September 2, 2014
D. Intergovernmental Reports - Council President Ralph stated that she didn’t have a
Regional Law, Safety and Justice Committee meeting in August and the next meeting
is September 25.
Councilmember Higgins noted that the Sound Cities Association (SCA) Ad Hoc
Transportation Committee issued its final recommendations to King County Metro
Transit (Metro) at their meeting last week. He announced the four categories and said
that in order for SCA to endorse funding for Metro, Metro must produce the following
outcomes. Metro must 1) show geographic value, social equity, and a minimum level
of service 2) access to transit, 3) alternative transit service, and 4) as much service as
possible provided within existing and future revenue. He noted that under each of
these four items there are multiple bullet points. Councilmember Higgins explained
that the Metro proposition earlier this year did not pass, so this Committee was formed
to determine what the urban cities in the area saw for Metro. He said this should get
back to the planners at Metro and hopefully next time there will be a better outcome.
This policy, he said is moving from this ad hoc committee to the SCA Public Issues
Committee (PIC). He also attended the Association of Washington Cities (AWC) Ad Hoc
Rail Committee meeting and they adopted twenty-one recommendations, to include
the restoration of the Public Works Trust Fund so cities can construct infrastructure
such as overpasses and grade separations. The recommendations also highlight the
need for having safety items in place for oil train traffic, for Congress to toughen the
standards for rail car construction, to perform maintenance on tracks, and for railroads
to be required to provide more information to emergency planners so they can be
prepared in case of emergencies.
Councilmember Boyce noted that the Sound Cities Association Policy Issues Committee
meeting is on September 3.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
None.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
G, seconded by Councilmember Thomas. Motion carried 6-0.
A. Minutes of Previous Meetings and Workshops – Approve. The minutes of the
workshop and regular Council meeting of August 19, 2014 were approved.
B. Contract with Shannon & Wilson for County Road #8 Levee Project –
Authorize – The Mayor was authorized to sign a Consultant Services Agreement with
Shannon & Wilson, Inc., in an amount not to exceed $21,537 to perform wetland
mitigation, biological evaluation and cultural resources study for the County Road #8
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Kent City Council Meeting Minutes September 2, 2014
Levee Project, subject to final terms and conditions acceptable to the City Attorney and
the Public Works Director.
C. Puget Sound Energy Project Construction Agreement – James
Street/Russell Road Levee – Authorize - The Mayor was authorized to sign the
Puget Sound Energy Project Construction Agreement to relocate existing utilities for
the James Street/Russell Road Realignment Project, as approved by the City Attorney
and Public Works Director, and to ratify and affirm any act consistent with the
authority and prior to the effective date of this authorization.
D. Briscoe/Desimone Condemnation Ordinance – Adopt - The Mayor moved to
adopt Ordinance No. 4123 providing for the acquisition of certain property rights along
the Green River to complete levee improvements for the Briscoe-Desimone Levee.
E. Interlocal Agreement with the City of Auburn for the 277th Corridor –
Authorize - The Mayor was authorized to sign an Interlocal Agreement with the City
of Auburn for the South 277th Street Corridor Project, subject to final terms and
conditions acceptable to the City Attorney and the Public works Director.
F. 2015-2020 Capital Improvement Plan – Set Public Hearing Date. The first
public hearing for the 2015-2020 Capital improvement Plan was set for September 16,
2014 at the regular City Council meeting.
G. 2015-2016 Biennial Budget – Set First Public Hearing Date. The first public
hearing for the 2015-2016 biennial budget was set for September 16, 2014 at the
regular City Council meeting.
OTHER BUSINESS
None.
BIDS
A. Leber Homestead Soil Preparation - Award - Tim LaPorte discussed the bid
award. He communicated that the property is next to Highway 167 and is a $2.3
million project on an 8.6 acre parcel which was purchased with grant funds. The
project is endorsed by the Muckleshoot Indian Nation and virtually every
environmental agency with an interest in the Green River, he said. He highlighted the
specifics of the project and communicated that the match consists of the donation of
plants from the City's nursery and City staff labor. He concluded that the project will
be fully grant funded and done in phases.
Councilmember Higgins moved to award the Leber Homestead Soil
Preparation Project to Buckley Nursery Company in the amount of
$123,277.84 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
7-0.
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Kent City Council Meeting Minutes September 2, 2014
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Ralph discussed the workshop and the
presentation from Megan Pedersen, King County Deputy Director of Records and
Licensing Services on the work King County and Seattle have been doing on the
regulations for Transportation Network Companies (TNC), such as UberX, Lyft, and
Sidecar and various taxi companies. She said Kent has an interlocal with King County
for the licensing and processing of them. She said King County Council will be voting
on new legislation in the coming weeks and it will be up to the Council to adopt them
in the future.
B. Mayor. No report.
C. Administration. No report.
D. Economic & Community Development Committee. No report.
E. Operations Committee. No report.
F. Parks and Human Services Committee. Councilmember Ranniger
communicated that Parks and Human Services Committee is moving its meetings to
the fourth Thursday of every month starting in September. This makes the next
Committee meeting September 25. She added that the Committee has been working
on the renaming Russell Road Park to Hogan Park at Russell Road for more than a
year. She said the plan is to have an official ceremony in October 4. There will be a
resolution at the September 16 Council meeting to rename the park.
G. Public Safety Committee. Councilmember Berrios noted that the Public Safety
Committee will be discussing fireworks and school zone safety cameras at their
September 9 meeting.
H. Public Works Committee. Councilmember Higgins noted that the next meeting
was next Monday, September 8 at 4:00 p.m.
I. Regional Fire Authority. Councilmember Thomas announced that there was a
Regional Fire Authority meeting on September 3 at 5:30 p.m. at Station 78.
RECESS
At 7:27 p.m. Mayor Cooke called for a three minute recess.
EXECUTIVE SESSION
At 7:30 p.m., Mayor Cooke reconvened the regular meeting and announced
that the Council would recess into an Executive Session for ten minutes to
discuss property acquisition as per RCW 42.30.110(1)(b).
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Kent City Council Meeting Minutes September 2, 2014
At 7:40 p.m., Mayor Cooke extended the Executive Session would be extended
for another ten minutes.
At 7:50 p.m. Mayor Cooke extended the Executive Session for another five
minutes.
At 7:54 p.m., the Executive Session concluded and Mayor Cooke reconvened
the regular meeting.
ACTION AFTER EXECUTIVE SESSION
A. Property Acquisition, as per RCW 42.30.110(1)(b).
Jeff Watling, Parks and Human Service Director discussed the surplusing of “Old Fire
Station” located on West Hill and undeveloped 9,000 square foot parcel. The property
was appraised at $72,000 and put on the market at that price. Sound Built Homes has
given the City a full price offer.
Councilmember Fincher moved to authorize the Mayor to sign all necessary
documents to complete the sale of the “Old Fire Station” property located at
3536 South 252nd Street to Sound Build Northwest, LLC for $72,000 subject to
the approval of the final terms and conditions by the City Attorney and the
Parks and Human Services Director, seconded by Councilmember Higgins.
Motion carried 6-0.
Mayor Cooke clarified that there was never a physical fire station on this property. It
was just what the property has been called over the years, she said.
ADJOURNMENT
The meeting adjourned at 8:52 p.m.
Ronald F. Moore, MMC
City Clerk
Clerk
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Kent City Council Workshop Minutes
September 16, 2014
The workshop meeting was called to order at 5:03 p.m. by Council President Ralph.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Thomas.
Local Improvement Development (LID) #366 - Councilmember Higgins
recommended pulling the LID item from the regular Council meeting agenda and
recommended the City focus on the 212th Burlington Northern grade separation first.
Councilmember Boyce communicated that he hopes more people will be brought to
the table to consider this and supported Councilmember Higgins’ recommendation.
Councilmember Berrios verified that the recommendation is for a reduced LID just for
212th. He added that he would be interested in expanding the coverage area of the
LID so the impact is minimized. He stated that there is some argument on who it
would really benefit and agreed with pulling it from the regular meeting agenda. He
felt the City got too far ahead of itself and agreed with the approach recommended by
Councilmember Higgins.
Councilmember Higgins also replied that he would have to speak to the Public Works
staff to determine if the LID impact could be expanded to cover more of those who
may be impacted.
Council President Ralph confirmed that the item will be removed from the regular
meeting agenda.
Councilmember Berrios discussed the budgeting aspect of this and Council President
Ralph replied that the City would still be multiple years away from accepting any
payments if the LID was to move forward and that needs to be communicated going
forward.
Councilmember Higgins communicated that this fosters the City's economic growth for
years into the future.
Councilmember Boyce stated that as the City progresses it should bring the
community to the table first.
Councilmember Fincher communicated that the City is doing the best it can and it
needs to determine if the right properties are paying for the LID. This, she said,
allows more time and conversation with the community to determine if there is a real
benefit.
2014 Budget Update & 2015 – 2016 Budget Preparations – Aaron BeMiller,
Finance Director gave the Council the 2014 Financial Status Report. He communicated
that in the future the Council will receive a budget update every quarter. He discussed
the 2013 City’s General Fund current fund ratio, operating margin, fund balance
sufficiency, governmental funds change, general fund cash flow, average expenses
and revenues, and a slide noting the 2013 expenses by category.
Kent City Council Workshop Meeting Minutes September 16, 2014
Councilember Boyce confirmed with BeMiller that the expenses are typical for city
spending.
BeMiller continued and presented the budgeted and year-to-date actual spending by
category. He again confirmed this is typical spending for cities. He reviewed the 2014
expenses by type according to budget and year-to-date actuals by the type of
expenditures. General fund expenditures by type for 2012, 2013, and year-to-date
2014 were displayed. He confirmed for Councilmember Berrios that there isn't
anything that stands out with these numbers. He also reviewed the citywide spending
comparison August year-to-date in relation to budget.
Barbara Lopez, Financial Planning Manager explained that when the Council
authorized a portion of the cable of utility tax go into the annexation budget and
dedicated to IT purposes. Basically, she said the cable utility taxes are coming in
higher than budgeted and the IT portion of the chart reflects that.
Councilmember Thomas noted that IT is listed twice and Lopez replied that the IT
listed on the bottom of the slide is the internal service fund that comes from the
departments that use their services. She noted that the annexation portion is a part
of the general fund. BeMiller added that in most budgets IT is noted as an internal
service.
Council President Ralph communicated that in the Operations Committee meeting she
asked for a comprehensive report on the ShoWare Center expenditures to be provided
to the Council.
Councilmember Berrios verified that the expenditures this year have been high for
repairs on the ShoWare Center. He also confirmed that this is the City's ShoWare
Operating Fund and highlighted the numbers.
Councilmember Higgins asked for a report on ShoWare Center litigation.
Councilmember Berrios communicated that he was troubled to find out that there is
$500,000 going to ShoWare Center from the City’s General Fund for its losses an
additional $300,000 being spent for repairs at the facility and the SMG side. So, he
said, in total we are looking at $1.5 million going to ShoWare this year.
BeMiller replied that the loss for the event side of the ShoWare funds is $700,000 this
year.
Wolters confirmed that there is $500,000 set aside for operating losses from the
City’s General Fund and $300,000 going into debt service out of the Parks Capital
Fund.
Councilmeber Berrios communicated that he is a new Councilmember being asked to
approve budgets and make financial decisions on behalf of the citizens. He said he
needs all this type of information up front.
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Kent City Council Workshop Meeting Minutes September 16, 2014
Wolters replied that this point has been raised in detail in the past and one of the
decisions by the Council was to increase the coverage of operating losses amount to
$500,000 from $300,000. He noted that that decision was made during the last
biennial budget process. Councilmember Berrios confirmed that the $500,000 comes
from General Fund revenues and derived from taxes and other sources.
BeMiller said the monthly expenses and revenues report is positive and the trend is
showing that the expenses are just lower than the budget and the revenues are just
above the budget. He continued and discussed the general fund revenues by major
type. He stated that sales tax revenues are ahead of projections and presented the
special revenue fund expenses and revenues in August year-to-date. He also
highlighted enterprise funds expense and revenue August year-to-date.
Councilmember Berrios gave kudos to Jeff Watling and noted that the expenditures
have dropped each year since 2012. He stated that the Parks Department is doing a
good job.
BeMiller communicated the City's ongoing budgetary issues and concerns. He stated
that the City owes millions of dollars to itself and until the repayment of that debt,
those funds repaying the debt cannot be used for any other purpose. He added that
the debt is about $12 million. He noted that the general fund projected base budget
expense for 2015 is 1.8% higher than projected revenue. He added that medical,
dental, and the PERS rates are increasing. The PERS rate, he noted, could be as high
as the 12% proposal. He also communicated that the State shared revenue impact
from the Supreme Court case is estimated to be $1 billion to $2 billion. This includes
SST and several other revenues which could affect the City budget by $10 million. He
also noted that the City has infrastructure needs such as maintenance, facility
improvements, expansion of city roads, utilities, parks, and facilities.
Lopez communicated how she determined the 1.8% budget expense for 2015 being
higher than projected revenue.
BeMiller highlighted the 2015-2016 Preliminary Budget which is currently under
development and is scheduled to be presented on September 30. He also added that
the 2015-2016 budget is balanced and sustainable. He highlighted the 2015-2016
budget assumptions concerning revenue and expenditures.
Councilmember Higgins said he appreciated having the August numbers in the report
and thanked BeMiller for having that information available to the Council.
Councilmember Berrios thanked BeMiller and hopes that there will be further
discussions with other issues that could effect the budget process. He said he hopes
to have those discussions ahead of time prior to when budget adoption occurs.
BeMiller communicated that they will be moving to having quarterly reports and
Council President Ralph thanked him for his report.
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Kent City Council Workshop Meeting Minutes September 16, 2014
Mayor Suzette Cooke also thanked Finance Director BeMiller and his team for the
budget presentation. Mayor Cooke added that she wants Councilmembers to speak to
her this week if they have topics she wants to address.
Councilmember Berrios said he has expressed serious concerns and Mayor Cooke
asked that he call or speak to her.
Boeing Levee Ecosystem Restoration Project – Mayor Cooke distributed copies of
a letter she received from the US Army Corps of Engineers concerning the project.
She explained that funding for this came from the Corps and there was discussion to
add King County Flood Control District (KCFCD) dollars to the project. She stated that
she is seeking the Council's advice on how to respond on behalf of the City concerning
the Systemwide Improvement Framework (SWIF). Mayor Cooke noted that she bases
her recommendations on whether the project adds value to the City of Kent and to
the fisheries. She expressed concern about the cost of this project and feels residents
deserve to have access to view the river. She said the only thing she is suggesting is
to have a trail, not even a paved trail, but a trail on the side of the restoration area.
Mayor Cooke communicated that the City received the property from Mr. Stoner and a
rock is there in dedication to him. She noted that the blackberries cover most of the
view from the trail.
Matt Knox, Environmental Ecologist confirmed for Councilmember Berrios that the
rock from the Segale project is there to protect the bank and they have put in some
logs to mitigate the area.
Councilmember Boyce noted that there is a paved trail and this trail is only one mile.
Mayor Cooke noted that she walked the area today and there are two picnic tables on
each side of Mr. Stoner’s rock. She also added that there will be 600 new employees
at Amazon who have access to a trail that leads to this. She added that the Corps has
agreed with the City to have some willows, dogwoods, and other trees to have an
openness along the river.
Knox displayed the Riverview Park cottonwoods and they are coming in thick in that
area. He noted that they thicket for a while and after 20 years they thin out. He
displayed another slide and noted that invasive vegetation clearing helps reduce sun-
loving weed regrowth and reduces maintenance. He communicated that there is a
value in clearing the site before planting it and presented a slide that confirmed if an
area is not planted relatively thick, there is lots of maintenance required to keep grass
and invasives down.
Mayor Cooke communicated that the key element is how do we connect the land with
the river. She said whatever gets planted has to be maintained by the City and if it
gets too dense homeless people tend to make their camps in it. She noted that the
Valley Loop Trail includes this area and the safety factor is key in working with the
Corps of Engineers.
Hope Gibson, Parks Planning and Development Manager stated that the City
presented a balanced project to the Corps of Engineers to have some areas of thick
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Kent City Council Workshop Meeting Minutes September 16, 2014
planting, some with views, and some with no views. She noted that the City's
consultant noted all of the areas where there were items to view and tied the area
with the river.
Mayor Cooke noted that there was a survey done to ask people what values they saw
in the Green River and Interurban Trails. She displayed a “wordle” which noted the
words "views", "trails", "paved", and "river" were communicated the most. Mayor
Cooke verified with Council President Ralph that she is looking for direction on
whether or not we give up and let the Corps do what they want there.
Councilmember Boyce communicated that he understands Mayor Cooke's vision.
Councilmember Berrios communicated that there is resistance to our plan. Knox
explained that there are view corridors, but they don't match with our plan. Gibson
communicated that our plan has specific views and the Corps plan has views
wherever. He confirmed that the Segale project isn’t an ERP project.
Mayor Cooke explained that this is the first ERP Green River SWIF program project
and Knox explained the funding being 65% by the Corps of Engineers and 35% from
the KCFCD. However, Mayor Cooke noted if the 35% isn't funded by KCFCD, the City
would need to fund it. Berrios confirmed the entire project is $7 million and Mayor
Cooke stated the City could press forward, but may lose the project.
Councilmember Higgins stated that the six-foot path has been agreed to, but where
the plants go is a problem. Mayor Cooke added that the plantings would have to be
maintained by the City.
Councilmember Higgins inquired if KCFCD was told that this property was dedicated to
the City and the Mayor stated that the KCFCD staff is supportive, but couldn’t speak
for the KCFCD.
Mayor Cooke concluded that she is asking the Council to determine if they see value
in this trail and willing to fight to preserve it.
Councilmember Fincher expressed that she is concerned that this was dedicated for
public use and there are safety issues along it.
Mayor Cooke asked the Council to take this into consideration and get back to her by
the end of the week, if possible.
The meeting adjourned at 6:39 p.m.
Ronald F. Moore, MMC
City Clerk
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Kent City Council Meeting Minutes
September 16, 2014
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Thomas.
Councilmember Ranniger was excused.
CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF.
Councilmember Higgins recommended removing Item 8B, Proposed LID #366,
Resolution of Intent - Adopt. He communicated that the LID isn't going to proceed and
the Council wants to have more discussions with the community.
Item 8B was removed from the agenda by consensus of the Council.
Councilmember Higgins moved to add Item 9C, Residential Traffic Calming Bid Award
and Item 9D, Briscoe-Desimone Levee Bid Award.
Item 9C, Residential Traffic Calming Bid Award and Item 9D, Briscoe-
Desimone Levee Bid Award were added to the agenda by consensus of the
Council.
Acting Chief Administrative Officer Ben Wolters communicated that there was an
executive session at the end of the meeting.
PUBLIC COMMUNICATIONS.
A. Public Recognition – Councilmember Berrios communicated that funeral services
for Henrick Sortun are on Friday at Zion Lutheran Church at 11 a.m.
B. Community Events – Council President Ralph communicated that the Summer
Spotlight Series begins at the Kent Meridian Performing Arts Center on September 26
at 6:30 p.m. with a concert from vocalist/pianist Michael Kaeshammer.
Mayor Cooke communicated that the Seattle Thunderbirds’ first home game is
Saturday against Portland. She also announced the rebuild Green Tree Park event is on
that same day.
C. Proclamation for National Public Lands Day at Lake Fenwick Park - Mayor
Cooke presented the proclamation to Jeff Watling, Parks, Recreation, and Community
Services Director and proclaimed September 27 as National Public Lands Day at Lake
Fenwick Park in the City of Kent. Watling discussed the event and noted that there will
be more than 100 volunteers there.
D. Proclamation for Kent Lutheran Church 125th Anniversary - Mayor Cooke
presented the proclamation to Linda Stockham. Mayor Cooke discussed the various
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Kent City Council Meeting Minutes September 16, 2014
programs the church has and their contributions in Kent and globally. Ms. Stockham
thanked the Mayor and the Council for the proclamation.
E. Public Safety Report - Police Chief Ken Thomas announced that a community
work group is being formed to review less lethal weapons in the Kent Police
Department. He announced that the Kent human trafficking model has been identified
as the national standard throughout the country and detectives did a sting operation
last week where 15 people were arrested for prostitution-related offenses. He pointed
out that legislation was adopted last year to have those arrested and convicted of
patronizing a prostitute pay an assessment of about $1,500. He noted that $18,000 in
assessments have been collected and the department will be presenting a $9,000
check to an organization for transitional housing along Pacific Highway South which
combats human trafficking and helps those who have been victims. He noted that the
Police Science class was given at Kent-Meridian High School this morning and that the
school is the most diverse high school in the State of Washington with 71 languages
spoken by over 2,100 students. Chief Thomas also discussed the Kent Police Officer
"Adopt-a-School" and the “Alive and Free" programs. He highlighted the confiscation of
over 1,300 marijuana plants at a bank-owned home on West Hill. He communicated
that the International Association of the Chiefs of Police (IACP) were at the Kent Police
Department today filming a program to highlight the work the Kent Police Department
does with intelligence led policing, community policing, and school partnerships. The
next Police Community meeting is at Meridian Elementary School on October 9 from 6
to 8 p.m. and the topic is human trafficking, he concluded.
Mayor Cooke noted that there is a community meeting with the Kent Police Gang Unit
on October 4.
Police Chief Thomas noted that last year the City sent seven officers to the Gang
Resistance Education and Training workshop in Portland and announced that there will
be an officer in each of the City’s 5th grade elementary classes instructing children on
making good decisions and making positive interactions with police officers.
F. Intergovernmental Reports - Council President Ralph stated that she attended a
meeting of the South County Area Transportation Board (SCATBD), a coalition of
South County cities that come together to discuss regional transportation issues and
there were two items on the agenda. The first item was a report by the Puget Sound
Regional Council (PSRC) regarding the potential economic impacts of the Gateway
Pacific Coal Terminal at the Cherry Point in Whatcom County. She stated that although
there would be some economic gains in the form of jobs, there were concerns about
the negative impacts due to increased train traffic. She added that the train refinery
would be opened in 2019 with an additional 18 coal trains running each day, twice a
day, that are approximately 1.6 miles long. The basic outline of the report stated that
the only way to mitigate for these trains is through grade separations, which, she
added, need to be a regional investment because this has regional and statewide
impact. Transit integration was next on the agenda, she said. King County Executive
Dow Constantine, she explained, oversees both King County Metro and Sound Transit
and requested that both agencies get together to determine where they can have
increased efficiency in overlapping transit services. She added that the groups have
been meeting for several months and they have determined that there are several
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Kent City Council Meeting Minutes September 16, 2014
places where efficiencies can be realized. She added they are also looking for
efficiencies with payment combinations, applications, signage, and a variety of
different ways of making the transit experience more global.
Councilmember Higgins noted that tomorrow he will be attending the Regional Transit
Committee meeting and they will be discussing the February service change proposal
put forth by the King County Executive. He noted that the changes were relatively
favorable for Kent and some of the City’s DART services were maintained, including
the shopper shuttle. However, he said he predicts more service cuts to Kent in the
second round. He added that the Sound Cities Association Board of Directors meeting
is tomorrow and some appointments to vacancies to some regional organizations will
be done, including Councilmember Fincher’s appointment to the King Conservation
District.
Councilmember Boyce noted that the Sound Cities Association (SCA) Public Issues
Committee (PIC) is meeting tomorrow.
PUBLIC HEARINGS
A. 2015 – 2016 Biennial Budget, First Hearing - Aaron BeMiller, Finance Director
said the City’s financial status was discussed in the workshop. He stated that the
Mayor's budget presentation is currently being developed and that the 2015-2016
Biennial Budget is balanced and sustainable. He gave an overview of projected
revenues and expenditures for the upcoming budget and announced 2014
expenditures by category and type. Mayor Cooke confirmed with BeMiller that the
budget documents will be available on the City’s website.
Mayor Cooke opened the public hearing.
1. Mary Ann Kern, Kent - Kern expressed support for the biennial budget. She said
there was a request submitted for neighborhood grant program funds. She noted that
the four officers on the 27 neighborhood councils have volunteered approximately
$130,000 worth of their time to the City.
2. Dan Barrett, Kent - Barrett communicated that he has been involved in the
neighborhood program for two years and that the grants have generated over six
thousand hours of volunteer work.
3. Richard Wilkinson, Kent - Wilkinson communicated that there will be training
concerning a block watch this week given by the Police Department. He urged the
Council to increase the number of City staff that work on the neighborhood program.
4. Tim Clark, Kent - Clark thanked the Council for the two percent for human services
funding. He recommended the Council continue to support the Kent Historical Society
and that it is responsible for the Boeing Company 50th Anniversary event exhibit.
Council President Ralph moved to close the public hearing, seconded by
Councilmember Higgins. Motion carried 6-0.
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Kent City Council Meeting Minutes September 16, 2014
B. 2015 – 2020 Capital Improvement Plan, First Hearing - Aaron BeMiller
highlighted the Capital Improvement Plan (CIP) which outlines the City's major capital
projects and notes the funding methods, to include gaps and any alternative funding
sources. He stated that the plan is governed by the Revised Code of Washington
(RCW) 36.70A, passed by the Washington State legislature in 1990, in recognition of
the rate of growth occurring throughout the state. The primary goal of the CIP is to
ensure that public facilities and services are in place when development is ready for
occupancy and use, without decreasing current service levels below locally established
minimum standards, he explained. The State requires a forecast of the future needs
for such public facilities, including at least a six-year plan to finance those public
facilities. To meet this requirement, the City creates a six-year CIP, which is a flexible
plan outlining the City’s planned capital projects, including streets, parks, utilities,
information technology, and city buildings & facilities. The first two years of the plan
are incorporated into the City’s biennial budget, he said, and added that the benefits of
long-term capital planning include guided decision making which helps establish
priorities, promotes allocating resources in a manner that considers the long-term
impact on the City’s available reserves, assures that the most important projects
obtain funding, and that the most appropriate method of funding is selected for each
project, and it integrates budgeting for day-to-day services and activities with
budgeting for capital improvements (a holistic approach). Furthermore, he noted that
it promotes the delivery of continuous efficient services to the community and signifies
a pledge to invest in the community. He displayed two slides of the 2013-2018 CIP
amounts and funding sources.
1. Tim Clarke, Kent - Clarke communicated that the City is about to celebrate Isabel
Hogan and stated that she lost the debate on the Council to drop building restrictions.
He stated that she was the person who thought to put a part of the REET in the Parks
capital funding budget. The City, he said, is clearly larger now and has very small
amounts of land for development and this has stagnated the Parks Department’s
ability to acquire more capital structures for the Parks system.
Council President Ralph moved to close the public hearing, seconded by
Councilmember Boyce. Motion carried 6-0.
PUBLIC COMMENT
1. Richard Johnson, Kent - Johnson discussed the events which occurred in Ferguson,
Missouri. He stated that although Kent is not Ferguson, Missouri, Kent isn’t free of
some of the drivers that led to what played out there. He stated that because of the
leadership of Police Chief Thomas, the Kent Police are better connected with Kent’s
black community than it has been in the past. However, he said, that alone doesn't
mean we should not reflect on our City and how we can continue to avoid the same
pitfalls that have culminated in the high profile shooting death of an unarmed black
teenager. He said when you live in Kent your life experience is made up of more than
just your interaction with the police department, it is about representation and
inclusion, neighbors interacting with neighbors with respect, the school system,
employment, and economic development opportunities. Kent has a black citizenry that
has been here for 40 plus years and there have been some incidents of racial
insensitivity experienced here. This, along with the exchange at the City Council
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Kent City Council Meeting Minutes September 16, 2014
meeting of August 19 regarding whether a moment of silence should be observed in
the aftermath of the nationally publicized death of Michael Brown brought to light the
unspoken truth that there is still a racial divide in Kent. The gap may or may not be as
wide as Ferguson, but it does exist, he said. Race relations in Kent and in America
need to be discussed. The black experience in America has been left out of commonly
taught American History and omitted from American consciousness, he said. He said
we need be courageous and open the doors of unspoken truths and commit to ensure
Ferguson doesn’t happen in Kent.
2. Charles Carston, Kent - Carston noted that black people in Kent have been
subjected to being called racial epithets by passing vehicles while walking, seen vulgar
racial epithets scrolled on bus stops, seen black children handcuffed at school for
disciplinary issues, and have experienced being stopped by police in predominantly
white neighborhoods with no other discernable reason other than “driving while black.”
He said, we have been exposed to several nationally reported incidents of black men,
mainly unarmed, being killed by police or someone acting under the color of authority,
with the Trayvon Martin case being one of the higher profiled cases. However, in the
month of August there have been four additional cases of unarmed young black men
being shot and killed after their interactions with police. He discussed the specifics of
the Eric Garner, John Crawford, Ezell Ford, and Dante Parker cases and highlighted
that in the Michael Brown case, his body laid unattended in the street for over four
hours. He noted that the release of the information concerning the Brown case has
been slow and incomplete and that has caused people to give pause to consider
whether or not this can happen in Kent and what can be done to make sure Kent
doesn’t turn into a Ferguson, Missouri.
3. Linda Sweezer, Kent - Sweezer stated she is with the Kent Black Action Commission
(KBAC) and has concerns with unjust things happening globally, especially in Kent and
in current local politics. She questioned what needs be done to ensure Kent is a role
model of diversity and inclusion. One thing the City can do, she said, is to have open
and honest communications on race relations. Another thing that can be done is to
stop stifling the conversation by saying “you are just playing the race card.” If you
don’t want the race card played then take it out of the deck, she suggested. She added
that we also need to stop telling black people that you were never enslaved and
slavery ended in 1863, so just get over it. She said slavery needs to be discussed
more, in the schools and in the textbooks. The real story needs to be told, not the
watered down one. The Emancipation Proclamation was signed in 1863. However, the
free blacks were subject to black codes followed by Jim Crow laws. In the United
States, the most notorious of Jim Crow laws passed in 1865 and 1866 after the Civil
War and intended to have blacks work for low wages. Many laws in the north and
south discriminated systemically against free blacks. These laws, or “slave codes”
placed significant restrictions on blacks who weren’t slaves and maintained the system
of white supremacy which made slavery possible, she concluded.
4. Gwen Allen-Carston - Allen-Carston thanked the Mayor, Council and Police Chief.
She stated she has been a resident of Kent for 10 years and is the Executive Director
of KBAC, established in 2011. She stated that the organization is willing to work to
make change happen. She discussed Jim Crow laws, the black codes which existed
from the 1800s to 1866, and Brown vs. Board of Education in 1954. She noted that
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Kent City Council Meeting Minutes September 16, 2014
these laws were repealed and voted down by the Civil Rights Act of 1964 and the
Voting Rights Act of 1965. However, here we are, she said, still dealing with the same
things in 2014 that we thought were overcome and eradicated. As Linda [Sweezer]
said, when you say “get over it”, you need to understand what needs to be overcome.
For us to not allow this legacy of racial injustice to inhibit us as a unified community
we need to deal with each other with open minds. This brings us to our request and
demands. The statement that Councilmember Les Thomas made on August 19, 2014
at the City Council meeting, “I will not participate in a moment of silence for an 18
year old thief” referring to Michael Brown shows us that he doesn’t have the open
mind that the City needs to move forward. Therefore, she said, we the people who pay
his salary demand that he extend a public apology for his remarks. Continuing, she
read Section 19 of Resolution No. 1895 concerning the Council Rules and Procedures
and stated that Councilmember Thomas violated them and requested his resignation
from the City Council.
5. Eddie Rye, Seattle - Rye discussed the King County Sheriff’s announcement to cease
and desist with the choke hold. He said he would have rather had a discussion on the
use of the choke hold. He agreed with what the KBAC has said and noted that the
police department is 85 percent white and the ethnicity of the police department
should match the demographics of the community it represents. He said the Kent
police department is looking like Ferguson.
6. The Long Shoremen, Seattle - Shoremen stated that he went and witnessed what
was going on in Ferguson and came to the Pacific Northwest to hear about a
Councilmember who was not in favor having a moment of silence for an 18 year old
man who was killed by a white officer. He noted that Michael Brown was executed and
that can't happen in this State. He stated that if a person who sits on a city council
can’t be sensitive about the life of another person they should resign.
7. Kirk Nelson, Kent - Nelson discussed the tree and sidewalk removal on James
Street. He noted that the Public Works department was removing trees on Labor Day.
He questioned why the job wasn't put to a public bid.
Councilmember Higgins replied that he also inquired about this and is waiting on a
response.
Mayor Cooke communicated that it was Parks Department staff working during that
Labor Day holiday because the project had to be done prior to the rain coming with the
change in weather. She noted that the trees needed to be cut down to do the
sidewalk, curb, and gutter repairs. She noted that there are large blocks of concrete
on the sidewalk that have been uprooted by the trees and the project can be done in-
house based on the estimated amount to do the job.
Nelson commented that the crews aren't working on the project every day, just during
the Labor Day holiday.
Mayor Cooke asked Tim LaPorte communicate with Mr. Nelson.
CONSENT CALENDAR
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Kent City Council Meeting Minutes September 16, 2014
Council President Ralph moved to approve Consent Calendar Items A through
E, seconded by Councilmember Thomas. Motion carried 6-0.
A. Excused Absence for Councilmember Deborah Ranniger - Approve. The
Council approved an excused absence for Councilmember Ranniger as she was unable
to attend the City Council meeting of September 16, 2014.
B. School Resource Officer Agreement - The Mayor was authorized to sign the
School Resource Officer agreement between the Kent Police Department and the Kent
School District for the 2014 - 2015 school year, with final terms and conditions
acceptable to the Police Chief and City Attorney.
C. King County Regional Hazard Mitigation Plan Update, Resolution - Adopt -
The Mayor moved to adopt Resolution No. 1898, adopting the King County Regional
Hazard Mitigation Plan, including the proposed June 2014, update for application in the
City of Kent upon final terms and conditions acceptable to the Kent Office of
Emergency Management and the City Attorney.
D. Comprehensive Plan Vision and Framework Guidance - Approve - The Mayor
was authorized to approve the Vision and Framework Guidance to be used for the
update of the City’s Comprehensive Plan.
E. South 252nd Street Public Right-of-Way Dedication - Authorize - The Mayor
was authorized to sign the Municipal Quit Claim Deed dedicating city-owned property
as City right-of-way for a portion of South 252nd Street formally part of the Old Fire
Station Park parcel, located at 3536 South 252nd Street, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
OTHER BUSINESS
A. Resolution to Rename Russell Road Park – Adopt - Jeff Watling, Parks,
Recreation and Community Services Director introduced the item and noted that in
January of this year the Parks and Human Service Committee felt Russell Road Park
was a very suitable location for this honor. He also noted that the park was built
during the time she was mayor.
Councilmember Fincher moved to adopt Resolution No. 1899 renaming
Russell Road Park as Hogan Park at Russell Road, seconded by
Councilmember Higgins.
Council President Ralph communicated that she is honored to vote in favor of this
resolution. She highlighted that former Mayor Hogan made this community what it is
today and that she understood the importance of public recreation and public art.
Mayor Cooke introduced Alex Jones and said he recommended this item and ensured
the Council followed through with it.
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Kent City Council Meeting Minutes September 16, 2014
Councilmember Fincher communicated that Alex Jones was the first person she heard
discussing the idea of renaming Russell Road to Hogan Park at Russell Road. She
stated that her and her family has spent countless hours playing softball at Hogan Park
at Russell Road and is thankful for the work former Mayor Hogan has done.
Alex Jones stated that he has been working to have this park renamed for 16 years.
He added that he worked for the City for 31 years and doesn't think he would have
been hired if Hogan wasn’t the mayor. He said she was well respected and the staff
called her "Mom." He communicated that people loved working for her and she
respected her employees. He added that City Hall and a lot of the City’s infrastructure
wouldn't have been here without her. He suggested the City reward the people who
work for the City while they are in office and thanked the City for Ms. Hogan's
recognition.
A vote was taken on the motion to rename Russell Road Park to Hogan Park
at Russell Road, which carried 6-0.
Watling communicated that the renaming celebration will be held on October 4, 2014
at 10:00 am.
BIDS
A. Green River Trail Wall Retrofit at Central Avenue Bridge - Award - Mark
Howlett discussed the bid award. He communicated that the bid is to retrofit the Green
River Trail Wall and raise it to prevent flooding, continuing towards accreditation.
Councilmember Higgins moved to award the Green River Trail Wall Retrofit at
Central Avenue Bridge Project to Award Construction, Inc. in the amount of
$222,522.12 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.
B. Downtown Parking Sign Replacement – Award - Chad Bieren, City Engineer
discussed the bid award. He communicated that this replaces downtown parking signs
and there were four bids received. Bieren verified for Mayor Cooke that there will be
four hour parking on 1st Avenue to accommodate the businesses there.
Councilmember Higgins moved to award the 2014 Downtown Parking Sign
Replacement Project to Transportation Systems Inc. in the amount of
$66,075.00 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 Councilmember Fincher. Motion carried 6-0.
C. 2014 Residential Traffic Calming Project - Award - Tim LaPorte discussed the
bid award. He communicated that the Council will be receiving a full B&O report after
projects are completed.
Council President Ralph verified with LaPorte that no B&O funds will be used for this.
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Kent City Council Meeting Minutes September 16, 2014
Councilmember Higgins moved to award the 2014 Residential Traffic Calming
Project to R.W. Scott Construction, Inc. in the amount of $236,306.00 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.
D. Briscoe-Desimone Levee Reach 1 Sheet Piling Supply Contract Project -
Award - Mark Howlett discussed the bid award. He communicated that the bid is to
award the procurement for the steel for Reach 1 and the area needs to be
reconstructed because it is weak. He restated that this bid is only to purchase the steel
and noted that Corpac Steel won the bid, but pulled their bid packet. Therefore, the
second lowest bidder, Skyline Steel LLC was chosen. He noted that the project will
come back to the Council in the next month or so to award the bid for installing the
sheets.
Councilmember Higgins moved to award the Briscoe-Desimone Levee Reach 1
Sheet Piling Supply Contract Project to Skyline Steel LLC in the amount of
$1,216,200.82 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director, seconded by Councilmember Fincher. Motion carried 6-
0.
Councilmember Boyce recognized the Boy Scout in the audience.
1. Steven Rosengren, Kent - Rosengren said he goes to Meeker Middle School and
informed the Council that he is attempting to earn his Citizenship in the Community
Merit Badge and that he is with his father, Scott.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Ralph discussed the workshop and said there
were three items on the agenda. The first discussion was on the proposed LID and
based on the large amount of input received by the property owners in the valley, the
Council decided not to move forward with the LID as presented. She added that the
Council discussed the budget and the Mayor’s presentation of the budget occurs on
September 30. She also noted that there was a presentation from the Mayor
concerning the Boeing Levee ERP. She added that the City is working with the King
County Flood Control District and the US Army Corps of Engineers on the project.
B. Mayor. Mayor Cooke said she signed a proclamation for a Day of Concern for the
Hungry. She said she was a panelist with four other women at the Women
Empowerment Conference sponsored by the University of Phoenix on Saturday and
participated in the Regional Transit Summit organized by Seattle Mayor Murray. She
also said she toured Hexcel with Governor Jay Inslee because it is the first
organization utilizing the WorkStart program, an initiative of Governor Inslee. Mayor
Cooke stated that she attended the ribbon cutting ceremony at the Kent Valley Early
Learning Center, for children aged 3 – 5 years old. She added that she is on the Global
Cities Initiative steering committee to attract foreign investment. She added that Excel
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Kent City Council Meeting Minutes September 16, 2014
Charter School will be opening in a year and will announce where they will be located
soon. She stated that she reviewed sixty-two applications for the Parks Commission
vacancy. She noted that the Liberian Association is looking for a location in Kent. She
announced that the City Clerk's Office went through a Lean last week concerning the
public records request process in the City. Finally, she noted that there will be a
special meeting of the City Council on September 30 at 5 p.m. for presentation of the
proposed budget.
C. Administration. Acting Chief Administrative Officer Ben Wolters communicated
that there will be an executive session for twenty minutes.
D. Economic & Community Development Committee. In the minutes.
E. Operations Committee. In the minutes.
F. Parks and Human Services Committee. In the minutes.
G. Public Safety Committee. In the minutes.
H. Public Works Committee. In the minutes.
I. Regional Fire Authority. Next meeting is tomorrow night at Station #74.
Councilmember Fincher noted that she went to the King County Kitchen Cabinet
meeting. She explained the meeting and what the program entails.
RECESS
At 9:01 p.m. Mayor Cooke called for a five minute recess.
EXECUTIVE SESSION
At 9:06 p.m., Mayor Cooke reconvened the regular meeting and announced
that the Council would recess into an Executive Session for twenty minutes to
discuss property negotiation as per RCW 42.30.110(1)(c).
At 9:26 p.m., Mayor Cooke extended the Executive Session fifteen minutes.
At 9:41 p.m. Mayor Cooke extended the Executive Session fifteen minutes.
At 9:56 p.m., the Executive Session concluded and Mayor Cooke reconvened
the regular meeting.
ACTION AFTER EXECUTIVE SESSION
A. Property Negotiation, as per RCW 42.30.110(1)(c). There was no action
taken after the Executive Session.
ADJOURNMENT
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Kent City Council Meeting Minutes September 16, 2014
The meeting adjourned at 10:02 p.m.
Ronald F. Moore, MMC
City Clerk
11
Agenda Item: Consent Calendar – 7C
TO: City Council
DATE: October 7, 2014
SUBJECT: Consultant Agreement with Environmental Science Associates for
Wetland Mitigation Monitoring - Authorize
SUMMARY: When critical areas such as streams or wetlands are impacted or
enhanced, permits require monitoring of the mitigation area for up to 10 years.
Several city projects are in the monitoring phase including the 228th Street Extension,
Johnson Creek Restoration and the Meridian Valley Creek Enhancement Projects.
Environmental Science Associates (ESA) will complete the required monitoring for
each location over the next four years and prepare the necessary reports, including
maps and figures for staff to review. The reports will be submitted to applicable
agencies to meet permitting requirements.
The prices that ESA has submitted include: $12,122.55 to perform one final year (Year
10) of monitoring at S. 228th mitigation sites, $21,406.15 to perform Year 2, 3 and 5
monitoring at Johnson Creek, and $28,585.05 to perform Year 2,3,4 and 5 monitoring
at Meridian Valley Creek.
ESA has a working familiarity with these sites: they prepared the monitoring reports
for these sites in 2013. This proposed 4-year contract will “lock-in” prices and
streamline contract administration costs.
EXHIBITS: Consultant Services Agreement with Environmental Science Associates
RECOMMENDED BY: Public Works Committee
YEA: Fincher – Ralph - Higgins NAY:
BUDGET IMPACTS: No additional unbudgeted funds will be required. The contract
will be paid through project funds.
MOTION: Authorize the Mayor to sign a consultant services agreement
with Environmental Science Associates in an amount not to exceed
$62,113.75 to complete wetland monitoring for the S. 228th St. Extension,
Upper Johnson Creek and Meridian Valley Creek Enhancements Projects,
subject to terms and final conditions acceptable to the City Attorney and
the Public Works Director.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Environmental Science Associates
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Environmental Science Associates organized under the laws of the
State of California, located and doing business at 5309 Shilshoe Ave. NW, Suite 200, Seattle, WA
98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Michael Muscari (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 monitor three wetland mitigation projects for the city (S.
228th Street Extension, Upper Johnson Creek Restoration, and Meridian Valley
Creek Enhancement). 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 April 15, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Two Thousand, One Hundred Thirteen Dollars and seventy five cents
($62,113.75), 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.
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
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:
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
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
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 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 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
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in 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
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
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. 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.
J. Counterparts. 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.
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
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Michael Muscari
Environmental Science Associates
5309 Shilshole Ave. NW, Suite 200
Seattle, WA 98107
(206) 789-9658 (telephone)
(206) 789-9684 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ESA - Wetland Mit Monitoring 2014-2017/Knox
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EXHIBIT A
xi 1a''\
_. ! .
• Site monitoring will be conducted late in the 2016 growing season (Aug -Sept).
• Site monitoring can be completed by two staff in three days.
• The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit authorities.
Cost Task 1: $12,122.55
TASK 2 —UPPER JOHNSON CREEK RESTORATION
The Upper Johnson Creek Restoration site was constructed in 2011. ESA conducted Year 1 monitoring in 2013.
Under this task, ESA will monitor the site as required during Year 2 (2014), Year 3 (2015), and Year 5 (2017). As
described in the Restoration and Wetland Mitigation Plan (revised February 2010) and shown on Phase II Plan
Sheet set (dated 8/4/11) the mitigation area includes 0.14 ac of wetland creation and 0.59 ac of wetland
enhancement. Monitoring parameters include hydrology and vegetation cover.
Deliverables. ESA will deliver an electronic copy (pdf file) and one hard copy of the monitoring report within
three weeks of completing site work.
Assumptions:
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• Site monitoring will be conducted once late in the growing season of each monitoring year (Aug -Sept).
• Site monitoring for each year can be completed by two staff in one day.
• Stream channel monitoring is not included in this task.
• The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comrents from state or federal permit
authorities.
Cost Taslc 2: $21,406.15
TASK 3 —MERIDIAN VALLEY CREEK ENHANCEMENT PROJECT
The Meridian Valley Creek Enhancement Project was constructed in 2012. Permit conditions include vegetation
anal stream channel monitoring and monitoring reports due by November 1 for five years after project completion.
ESA conducted Year 1 monitoring m 2013. Under this task, ESA will monitor the site as required during Year 2
(2014), Year 3 (2015), Year 4 (2016), and Year 5 (2017).
Deliverables. ESA will deliver an electronic copy (pdf file) and one at copy of the monitoring report within
three weeks of completing site work.
Assumptions:
• The City will arrange for permission to access the private property (Meridian Valley Country Club) that
the project is located on.
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• Site monitoring will be conducted only once late in the growing season of each year (Aug -Sept).
• Vegetation and stream channel monitoring for each year can be completed by two staff in one day,
• The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit authorities.
Cost Task 3: $28,585.06
SCHEDULE:
• ESA will prepare monitoring equipment and finalize methods with City staff within two weeks of
receiving a signed contract.
• The field work for Tasks 1 — 3 will be conducted in August and September of the specified years.
• ESA will deliver monitoring reports ,to the City for Task 3 by October 18 and for Tasks 1 and 2 before
November 15 of each monitoring year so that the City can submit to review agencies by the deadlines
specified in the mitigation plans.
Total Cost of Contract: $62,113.75
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The 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:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $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:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the 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.
This page intentionally left blank.
Agenda Item: Consent Calendar – 7D
TO: City Council
DATE: October 7, 2014
SUBJECT: 2015-2016 Biennial Budget – Set Second Public Hearing Date
SUMMARY: Set October 21, 2014 for the second public hearing of the 2015-2016
biennial budget at the regular City Council meeting. Public input is welcome.
EXHIBITS: None
RECOMMENDED BY: Finance Director
YEA: NAY:
BUDGET IMPACTS: N/A
MOTION: Set October 21, 2014 for the second public hearing of the 2015-
2016 biennial budget at the regular City Council meeting.
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Agenda Item: Consent Calendar – 7E
TO: City Council
DATE: October 7, 2014
SUBJECT: 2015-2020 Capital Improvement Plan – Set Second Public Hearing
Date
SUMMARY: Set October 21, 2014 for the second public hearing of the 2015-2020
Capital Improvement Plan at the regular City Council meeting. Public input is
welcome.
EXHIBITS: None
RECOMMENDED BY: Finance Director
YEA: NAY:
BUDGET IMPACTS: N/A
MOTION: Set October 21, 2014 for the second public hearing of the 2015-
2020 Capital Improvement Plan at the regular City Council meeting.
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Agenda Item: Consent Calendar – 7F
TO: City Council
DATE: October 7, 2014
SUBJECT: Kent Comprehensive Plan and Amendments to Kent City Code Section
12.13, RE: School Impact Fees – Set Public Hearing Date
SUMMARY: Kent City Code authorizes school impact fees on behalf of any school
district which provides to the City a capital facilities plan; the plan is adopted by
reference as part of the Capital Facilities Element of the Kent Comprehensive Plan.
The school districts are required to submit for annual Council review their updated
capital facilities plans. The City Council holds the public hearing on the school district
plans at the same time as the public hearing for the budget, i.e., October 21, 2014.
The Auburn, Federal Way, Highline and Kent School Districts have submitted updated
Capital Facilities Plans for Council review and consideration.
EXHIBITS: Memorandum from staff, dated October 7, 2014
RECOMMENDED BY: Staff
BUDGET IMPACTS: N/A
MOTION: Set October 21, 2014 as the date for a public hearing to consider
amendment of the Capital Facilities Element of the Kent Comprehensive Plan
and amendment of Chapter 12.13 Kent City Code to incorporate the updated
Capital Facilities Plans of the Auburn, Federal Way, Highline and Kent School
Districts, the City’s 2015-2020 Capital Improvement Plan, and changes to
adopted school impact fees.
This page intentionally left blank.
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Fred N. Satterstrom, AICP, Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 7, 2014
To: Mayor Suzette Cooke, Council President Dana Ralph and City Council
Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update to
Kent City Code Chapter 12.13 School Impact Fees – Set Hearing Date
SUMMARY: Kent City Code authorizes school impact fees on behalf of any school
district which provides to the City a capital facilities plan; the plan is adopted by
reference as part of the Capital Facilities Element of the Kent Comprehensive Plan.
The school districts are required to submit for annual Council review their updated
capital facilities plans. The City Council holds the public hearing on the school
district plans at the same time as the public hearing for the budget, i.e.,
October 21, 2014. The Auburn, Kent, Federal Way and Highline School Districts
have submitted updated Capital Facilities Plans for Council review and
consideration. The City of Kent 6-year Capital Improvement Program being
considered on the same date also will update the Capital Facilities Element of the
Comprehensive Plan.
BUDGET IMPACT: None
BACKGROUND: One of the planning goals under the Growth Management Act
(RCW 36.70A.020) is to ensure that those public facilities and services necessary to
support development are adequate and timely to serve the development without
decreasing current service levels below minimum standards. The Act (RCW
36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive
Plan to inventory existing capital facilities, forecast future needs and provide for
financing of those facilities. RCW 82.02.050 authorizes cities planning under the
Growth Management Act to impose impact fees on development activity as part of
the financing for public facilities needed to serve new growth and development. As
a result, KCC 12.13.080 authorizes school impact fees on behalf of any school
district which provides to the City a capital facilities plan; the plan is adopted by
MOTION: Set October 21, 2014 as the date for a public hearing to
consider amendment of the Capital Facilities Element of the Kent
Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to
incorporate updated Capital Facilities Plans of the Auburn, Kent, Federal
Way and Highline School Districts, the City’s 2015-2020 Capital
Improvement Plan, and changes to adopted school impact fees.
reference as part of the Capital Facilities Element of the Kent Comprehensive Plan.
The school districts are required to submit for annual Council review their updated
capital facility plans (KCC 12.13.060 & 070).
The Auburn, Kent, Federal Way and Highline School Districts propose amendment
of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect
changes to impact fees resulting from new student population generated by new
single family and multifamily residential development. The plans include an
inventory of existing facilities, existing facility needs, expected future facility
requirements, and expected funding.
The Kent School District proposes to maintain their existing school impact fees for
single family units of $5,486 and for multifamily units of $3,378.
The Federal Way School District proposes to decrease their existing school impact
fees for single family units from $5,363 to $5,171 (a decrease of $192 or 3.6%)
and decrease their fees for multifamily units from $1,924 to $1,834 (a decrease of
$90 or 4.7%).
The Auburn School District proposes to decrease their existing school impact fees
for single family units from $5,398.93 to $4,137.21 (a decrease of $1,261.72 or
23.4%) and increase their fees for multifamily units from $3,387.84 to $3,518.17
(an increase of $130.33 or 3.8%). The only area in Kent where Auburn School
District’s impact fees are applied is the Verdana or Bridges Planned Unit
Development on the former impoundment reservoir site.
The Highline School District proposes to decrease their existing school impact fees
for single family units from $7,412 to $6,328 (a decrease of $1,084 or 14.6%) and
increase their fees for multifamily units from $3,251 to $3,761 (an increase of $510
or 15.7%). The Highline School District covers the northern section of the Midway
Study Area.
CA\pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2014\CPA-2014-2_SchlDistricts6-YrCapFacPlans\City Council\CPA-2014_2_capfacilities_set_Hrg10-07-
2014.doc
cc: Ben Wolters, Economic & Community Development Director
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Parties of Record
Project Files
CPA-2014-2/KIVA #2141600
10/07/14 City Council Meeting
Page 2 of 2
Agenda Item: Consent Calendar – 7G
TO: City Council
DATE: October 7, 2014
SUBJECT: 2014 Tax Levy for 2015 Budget – Set Public Hearing Date
SUMMARY: Set October 21, 2014 for the public hearing of the 2014 tax levy for the
2015 budget at the regular City Council meeting. Public input is welcome.
EXHIBITS: None
RECOMMENDED BY: Finance Director
YEA: NAY:
BUDGET IMPACTS: N/A
MOTION: Set October 21, 2014 for the public hearing of the 2014 tax
levy for the 2015 budget at the regular City Council meeting.
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Agenda Item: Consent Calendar- 7H
TO: City Council
DATE: October 7, 2014
SUBJECT: Well System Maintenance Easement - Authorize
SUMMARY: Cris LeCompte and Maureen Korsmo-LeCompte (collectively,
“LeComptes”) own a parcel of land adjacent to property in the Clark Lake Park area
that the City recently purchased. The LeComptes’ parcel is serviced by a domestic
water supply well that is located on the City’s property, but the City has no use for the
well. This Easement grants the LeComptes the right to enter the City’s property to
use, access, inspect, monitor, construct, reconstruct, restore, maintain and repair the
domestic water supply well.
EXHIBITS: Well System Maintenance Easement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Higgins - Fincher - Ralph NAY:
BUDGET IMPACT: None
MOTION: Authorize the Mayor to sign the Well System Maintenance
Easement between the city of Kent and Cris LeCompte and Maureen
Korsmo-LeCompte, subject to terms and conditions acceptable to the City
Attorney and Parks Director.
This page intentionally left blank.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Kent
PARKS ADMINISTRATION
220 Fourth Avenue South
Kent, WA 98032
GRANTOR: CITY OF KENT, a Washington municipal corporation
GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife_
SHORT LEGAL: PTN OF NW1/4, NE1/4 STR 21-22N-5E, King Co., WA
ADDITIONAL LEGAL DESCRIPTION: See Exhibit A, page 6
ASSESSOR’S PROPERTY TAX PARCEL(S): 212205-9043; 212205-9003
Project: CLARK LAKE PARK ACQUISITION
WELL SYSTEM MAINTENANCE EASEMENT
WITNESSETH that the CITY OF KENT, a Washington municipal corporation
(“Grantor"), for and in consideration of mutual benefits derived and other valuable
consideration, receipt of which is hereby acknowledged by Grantor, hereby grants
and conveys to Cris LeCompte and Maureen Korsmo-LeCompte, husband and
wife (collectively, "Grantee"), an appurtenant, nonexclusive Well System
maintenance easement through, across, upon and within the following described
real property situated in King County, Washington, more particularly described in
Exhibit “A” and as depicted in Exhibit “B” (“Easement Area”), both attached and
made a part hereto.
1. Purpose and Access. Grantee shall have the right to use the Easement
Area only for the purpose of using, accessing, inspecting, monitoring, constructing,
reconstructing, restoring, maintaining and repairing a domestic water supply well,
including water distribution lines, necessary pump equipment, and appurtenant
electric power distribution lines (“Well System”), including, but not limited to the
right to remove vegetation, structures, or obstacles as may be necessary within the
Easement Area. Grantee’s rights specifically include reasonable rights of ingress
LeCompte and City
Well Maintenance Easement
Page 1 of 7 P:\Civil\Files\Open Files\1700-Shulte-Perreira PSA-Clark Lake\Well Maintenance Easement 090214.doc
and egress directly from SE 240th Street across Parcel No. 212205-9043. Grantee’s
use of the Well System shall be limited to only that water supply reasonably
necessary for one domestic single-family residence. If any damage is caused by
Grantee’s use of the Easement Area, Grantee shall promptly restore the property to
equal or better condition.
2. Grantor's Use of Easement Area. Grantor reserves the right to use the
Easement Area for any purpose not inconsistent with the rights herein granted.
3. Future Relocation. Should Grantor, at its sole discretion, require the
relocation of the Easement Area for any public purpose, Grantor may relocate the
Easement Area and the Well System and related appurtenances, at Grantor’s sole
cost and expense, provided that Grantor shall give written notice to Grantee ninety
(90) days in advance of said relocation. Grantor covenants with Grantee that any
new Easement Area shall be in the vicinity of the original Easement Area. Upon
notice of relocation, if Grantee does not wish to use the new Easement Area,
Grantee may choose to terminate this easement, and the provisions for termination
and restoration in Section 5 hereafter shall apply.
4. Responsibility and Indemnification. Grantee shall at all times
observe and perform all laws, ordinances, rules and regulations now or hereafter
imposed by any governmental authority which are applicable to Grantee's use of the
Easement Area, and shall not at any time make or suffer any strip or waste or
unlawful, improper or offensive use of the Easement Area. Grantee shall indemnify
and defend Grantor and hold Grantor harmless against all claims, loss, damages,
liability and expense (including reasonable attorneys' fees) incurred or suffered by
Grantor and all actions or proceedings by whomsoever brought or made against
Grantor with respect to (i) any acts or omissions of the Grantee or anyone claiming
by, through or under Grantee, or (ii) any breach of Grantee's covenants or
obligations under this Grant; provided, however, that nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability attributable to the
sole negligence of Grantor or the negligence of others unless such others are agents
of or otherwise under the control of Grantee.
5. Termination. Subject to the provisions of Section 6 below, the rights
herein granted shall continue until such time as Grantee ceases to use the
Easement Area for the uses herein permitted for a period of one year, in which
event this easement shall terminate by these terms along with all of Grantee’s
rights hereunder. Upon termination, all portions of the Well System within the
Easement Area shall become the sole property of Grantor, and Grantee shall have
no further rights to use or benefit from the Well System; provided, however, that
upon termination Grantee shall restore any portion of the Easement Area damaged
by Grantee’s activities under this easement to its original condition, to Grantor’s
reasonable satisfaction.
LeCompte and City
Well Maintenance Easement
Page 2 of 7 P:\Civil\Files\Open Files\1700-Shulte-Perreira PSA-Clark Lake\Well Maintenance Easement 090214.doc
6. Availability of Public Water Supply. At such time as a public water
supply is available to the Grantee’s property immediately adjacent to the property
line (and along the south side of S.E. 240th street, King County, Washington), the
Grantee’s property shall be required to connect to such public system and water
from this Well System shall no longer be provided and this easement shall be
terminated, subject only to Grantee’s responsibilities pursuant to Section 5 above.
7. Repair and Maintenance. Grantee shall be solely responsible for the cost
of repair and maintenance of the Well System and all waterlines and electric power
distribution lines within the Easement Area. Grantee shall keep and maintain the
Well System and related appurtenances in good repair and condition, and shall be
responsible for causing such repairs and maintenance to said portions of the system
as Grantor reasonably deems necessary.
8. Protection of the Well System. Grantee, at its sole discretion, shall
have the right pursuant to this easement to protect the Well System, including the
well head, from tampering and vandalism. Notwithstanding Grantee’s rights with
regards to protecting the Well System, the Grantor shall have reasonable access to
the Well Head if necessary.
9. Successors and Assigns. During the term of this easement, it shall be a
covenant running with the land, and the terms and conditions herein shall inure to
the benefit of, and be binding and obligatory upon the parties, their heirs,
successors and assigns.
GRANTOR:
CITY OF KENT
BY:
Print Name: Suzette Cooke
ITS: Mayor
Date:
ACCEPTED BY GRANTEE:
Cris LeCompte Maureen Korsmo-LeCompte
By: By:
Print Name: Cris LeCompte Print Name:Maureen Korsmo-LeCompte
Date: Date:
(Notary Acknowledgements Appear on Following Pages)
LeCompte and City
Well Maintenance Easement
Page 3 of 7 P:\Civil\Files\Open Files\1700-Shulte-Perreira PSA-Clark Lake\Well Maintenance Easement 090214.doc
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.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LeCompte and City
Well Maintenance Easement
Page 4 of 7 P:\Civil\Files\Open Files\1700-Shulte-Perreira PSA-Clark Lake\Well Maintenance Easement 090214.doc
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Cris LeCompte is the
person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Maureen Korsmo-
LeCompte is the person who appeared before me, and said person acknowledged
that she signed this instrument and acknowledged it to be her free and voluntary act
for the uses and purposes mentioned in the instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LeCompte and City
Well Maintenance Easement
Page 5 of 7 P:\Civil\Files\Open Files\1700-Shulte-Perreira PSA-Clark Lake\Well Maintenance Easement 090214.doc
EXHIBIT A
EASEMENT
WELL WATER SERVICE LINE
APN #2122059043,2122059003
THAT PORTION OF LOT 1, KING COUNTY SHORT PLAT NUMBER 674032I RECORDED
UNDER RECORDING NUMBER 7708030801; RECORDS OF KING COUNTY,
WASHINGTON, IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, 5.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
N00057108"E, ALONG THE WEST LINE OF SAID LOT I, A DISTANCE OF 105.27 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "A", SAID POINT BEING THE
POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE
N87026153"E 14.48 FEET; THENCE N60026143"E 19.52 FEET; THENCE N15057'38"E
12.02 FEET; THENCE N01026115"E 37.33 FEET TO A POINT THAT LIES 195.00 FEET
SOUTH, WHEN MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID
SECTION, AND THE NORTH TERMINUS OF THE HEREIN DESCRIBED CENTERLINE;
AND BEGINNING AT AFORESAID POINT "A"; THENCE S87026'53"W 37.87 FEET TO
THE WEST TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS
REQUIRED TO EXTEND AT ANGLE AND END POINTS.
CONTAINING 1,212 SQUARE FEET, MORE OR LESS.
PARCEL#
212205-9043
SE SEC 16
�- NE SEC 21
SE 240TH ST
PARCEL# I
212205-9066 I 1
L3
POINT OF BEGINNING
POINT''A"
PARCEL#
212205-9003
W
L3 19.52' N60°28'43"E
eo
N15°5738"E
N
L4 12.02'
c
0
L5 37;33' N1°26'15"E
0
r
Z
IMPORTANT:
SW CORNER
THIS IS NOT SURVEY, IT IS
LOT1
FURNISHED AS A CONVENIENCE
SP# 674032
TO LOCATE THE LAND INDICATE
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND, NO
LIABILITY IS ASSUMED BY
ProjecI9 Parks -Clark LK
REASON OF RELIANCE HEREON,
CLARK LAKE WATER LINE
-.;i
EASEMENT
LOCATED IN THE EAST HALF OF THE
`
NW1/4 OF THE NE 114 OF SEC 21,
v KENT
DRAWN BY: JAF
TOWNSHIP 22 N, RANGE S E, W.M.
WASH ING70.
EXHIBIT
SCALE: 1"=50'
CITY OF KENT
B
LAND SURVEY SECTION
DATE: 8/6/2014
This page intentionally left blank.
Agenda Item: Consent Calendar – 7I
TO: City Council
DATE: October 7, 2014
SUBJECT: Termination of Well Agreement - Authorize
SUMMARY: Dorothy J. Loyer, Robert Miller and Marjorie Miller entered into a Well
Agreement, dated December 28, 1988, and recorded on January 3, 1989, as
Document No. 8901030642 in King County, Washington (“Well Agreement”),
encumbering two parcels of real property. This Well Agreement was subsequently
amended on February 28, 1989, by an Addendum recorded as Document No.
8902281152.
The City is the successor in interest to Dorothy J. Loyer, and the current owner of one
of the properties subject to the Well Agreement. Cris LeCompte and Maureen
Korsmo-LeCompte are the successors in interest to Robert and Marjorie Miller, and the
current owner of the other property subject to the Well Agreement.
The City has determined that the Well Agreement is no longer necessary, and Cris
LeCompte and Maureen Korsmo-LeCompte and the City desire to execute this
Termination to formally terminate and remove the Well Agreement, as amended, from
the real property records of King County.
EXHIBITS: Termination of Well Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Higgins - Fincher - Ralph NAY:
BUDGET IMPACT: None
MOTION: Authorize the Mayor to sign the Termination of Well Agreement
encumbering properties currently owned by the city of Kent and Cris
LeCompte and Maureen Korsmo-LeCompte.
This page intentionally left blank.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Kent
PARKS ADMINISTRATION
220 Fourth Avenue South
Kent, WA 98032
TERMINATION OF WELL AGREEMENT
GRANTOR: CITY OF KENT, a Washington municipal corporation
GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife_
SHORT LEGAL: PTN OF NW1/4, NE1/4 STR 21-22N-5E, King Co., WA
ASSESSOR’S PROPERTY TAX PARCEL(S): 212205-9043; 212205-9066
REFERENCE NUMBERS OF RELATED DOCUMENTS: 8901030642, 8902281152
Project: CLARK LAKE PARK ACQUISITION
Termination of Well Agreement
Between LeCompte and City of Kent
Page 1 of 5
TERMINATION OF WELL AGREEMENT
This TERMINATION OF WELL AGREEMENT (“Termination”) is executed this
day of , 2014, by the City of Kent, a Washington municipal
corporation (“City”) and Cris LeCompte and Maureen Korsmo-LeCompte, husband
and wife (Collectively, “LeCompte”).
Recitals
A. Dorothy J. Loyer (“Loyer”), and Robert L. Miller and Marjorie D. Miller,
husband and wife (collectively, “Miller”) entered into a Well Agreement, dated
December 28, 1988, and recorded on January 3, 1989, as Document No.
8901030642 in King County, Washington (“Well Agreement”), attached hereto as
Exhibit 1, encumbering two parcels of real property legally described on Exhibit “A”
of the Well Agreement.
B. This Well Agreement was further amended by that Well Agreement
Addendum recorded on February 28, 1989, as Document No. 8902281152,
attached hereto as Exhibit 2.
C. The City is the successor in interest to Loyer, and the current owner of the
property identified as Parcel 1 on Exhibit “A” of the Well Agreement.
D. LeCompte is the successor in interest to Miller, and the current owner of the
property identified as Parcel 2 on Exhibit “A” of the Well Agreement.
E. LeCompte and the City desire to execute this Termination to formally
terminate and remove the Well Agreement, as amended, from the real property
records of King County.
Termination
NOW THEREFORE, in consideration of the covenants contained herein, and
for other goods and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged:
1. Termination. LeCompte and the City hereby execute this Termination
in order to terminate and remove the Prior Recorded Document from the real
property records of King County, Washington.
2. Effective Date of Termination. This Termination shall become final
and effective on the date recorded. At the time of recording of this Termination, all
conditions, requirements, responsibilities, and/or liabilities established by the Well
Agreement, as amended, shall cease and their terms shall become null, void, and
unenforceable.
Termination of Well Agreement
Between LeCompte and City of Kent
Page 2 of 5
3. Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. Venue shall be
in King County Superior Court.
4. Recitals; Counterparts. All recitals and exhibits are incorporated
herein by reference and shall be considered material parts of this document. This
Termination may be executed in counterparts, each of which shall constitute one
original and all of which together shall constitute one and the same document.
IN WITNESS WHEREOF, LeCompte and the City have caused this Termination
to be executed.
CITY OF KENT
By:
Its: Mayor
Date:
CRIS LECOMPTE
Cris LeCompte
Date:
MAUREEN KORSMO-LECOMPTE
Maureen Korsmo-LeCompte
Date:
Termination of Well Agreement
Between LeCompte and City of Kent
Page 3 of 5
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.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Termination of Well Agreement
Between LeCompte and City of Kent
Page 4 of 5
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Cris LeCompte is the
person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Maureen Korsmo-
LeCompte is the person who appeared before me, and said person acknowledged
that she signed this instrument and acknowledged it to be her free and voluntary act
for the uses and purposes mentioned in the instrument.
P:\Civil\Files\Open Files\1700-Shulte-Perreira PSA-Clark Lake\Termination of Well Agreement.docx
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Termination of Well Agreement
Between LeCompte and City of Kent
Page 5 of 5
EXHIBIT 1
e
e
maintenance of all watelines on the Loyer property
2. The parties shall be jointly responsible
for the cost of repair and maintenance of the well
system and common waterlines on the Loyer property
and the waterline from the common waterline to
boundary b�.cween the Loyer property and the Miller
property. Loyer shall be responsible for causing
such repairs and maintenance and repairs to said
portions of the system as Loyer deems necessary.
Upon completion of any repairs and/or maintenance,
and payment therefor, toyer shall send notice to
Miller of the cost thereof. Miller shall pay to
loyar within ten(10) days of receipt of notice of
such charges one-half of the amount expended.
Notice mailed to Miller by toyer by U.S. mail,
-first class postage prepaid, at the Miller property
shall be deemed to have been received three(3) days
after the date of mailing.
Loyer shall not be responsible for damages
ty of any kind as a result of failure to maintain
and/or repair as provided in this Paragraph 2.
O, 3. The use of the well system shall be limited
to the supply for one domestic single family residence
for each party on each of the respective properties.
O In other words, the Loyer property and the Miller
property shall be entitled to.a domestic water supply
for no more than one single family residence each.
4. At such time as a public water supply is
available to the Miller property immediately adjacent
to the property line (and along the south side of
S.E. 240th Street, King County, Washington). the Miller
property shall be required to connect to such public
system and water from this well system shall no longer
be provided and this agreement shall be terminated.
Any easement and/or covenant for .the protection of the
well system and/or the well location which is theretofore
in effect shall remain in full force and effect and shall
not affected by this paragraph or such termination.
5. Miller shall pay to Loyer the sum of Five and
no/100 Dollars($5.00) per month, payable quarterly
beginning the first day of January 1989, and continuing
on the first day of each quarter thereafter so long as
this agreement is in effect. This agreement shall remain
in effect until terminated under Paragraph 4, above.
Upon termination of this agreement Loyer shall be owner
! of all portions of the system lying in, on or under the
3 Loyer property. and Puller shall be owner of all portions
of the system lying in., on or under the Miller property.
6. In addition to tf*' j*�ovistarns for payment under
Paragraphs 2 and 5, above, Miller shall be responsible
-Page Two-
j�
{
s
for reasonable use of the system and for maintaining
its portion of the. system and all plumbing, outlets
and provisions for transporting and use of the water
thereafter in good -repair so as not to cause
unreasonable wear and tear or damage to the system
or cause excessive use of electrical power for
operation thereof. In the event of failure to do so,
Miller s`111 be responsible for immediate reimbursement
to Loyer of the cost of all repairs to the system
including the well, pump, waterlines and equipment
which night be occasioned thereby, and for excessive
use of electrical power for operation of the system.
7. During the term of this agreement it shall be a
covenant running with the lands, and the terms and
conditions herein shall inure to the benefit of, and
be binding and obligatory upon, the parties, their
heirs, successors and assigns, except as provided in
Paragraph 8, below.
8..In the event the Loyer property should at anytime
be subdivided, platted or otherwise be divided into
two or more parcels, the rights and obligations
created hereby shall be a covenant running only with
that parcel of real property upon which the well is
located.
Iy WITNESS WHEREOF
dthe da ye
Dated: (Z-ZS-&S
s and ar
hans
the undersigned have set their
below written.
Din
o 'g�,�oA o Washington) Marl rie D. Ptille
-�rav►a _ �. ss
• apt .o ; of King )
this day personally appeared before me Dorothy J. Loyer,
.''�"F'••.. p.t �•*Ihown to be the individual described in and who executed
®�t within and foregoing instrument, and acknowledged that she
signed the same as her free and voluntary act and deed. for the
uses u poses therein mentioned. Dated: slew 25,E
My Commission expires: i► s6 cjo
Public in an oche State of Washington, residing at KocaT
oft ashington)
sp
s s
off:t i y f King)
,$xa (�wt is day personally appeared before me Robert L. Mill•er
®fie D. Miller, to rye known to be the individuals
=in and who executed the within and foregoing instrument,
,►i•.ayd. ¢wledoed that *hey signed the same as their free and
-"'-•.,ir
a "'ILt Fj►. act and deed, for the uses and purposes therin mentioned.
%,v+-®., ' �t-Za.a� My Commission expires:
t•� Public in and for the State of Washington, residing at �`vJr �•
'�~ t ,i4+'~'r':- ��. ',' •,•.'?+y. ..till;,.: :'fit "r,`t"k.sJ_:_. .'.7(; :;if:�P,�bAi�+��l!7' ����
1A
j
s EXHIBIT "A"
t
i
i
PARCEL 1:
The west half of the east half of the
northwest quarter of the northeast quarter
of Section 2:, Township 22 North, Range 5 East,
W.M.;
Except the south 55 feet thereof, and
except road;
All situated in King County, Washington.
PARCEL 2:
The north I95 feet of the west 86 feet
of the east half of the east half of the
northwest quarter of the northeast quarter
of Section 21, Township 22 North, Range 5 East,
W.M.;
Except road;
All situated in King County, Washington.
to
14
EXHIBIT *B•
' lkw
sx:
i
i
1
. �iJ!l9�ISf�•t1.S'� j
It
IV
Wit
to
*lot
ol
to
A 2.,
(6460 /i%it,G.mo.I
EXHIBIT 2
ALTER RECORDING RETURN 700
• a99n E. Nelson. Attorney
® i02 vast Gowo
Cant. VA 98032
i
s
•
1..
l
!►!• O! �i R^542 a
®cam a o, 00
r�i_
a Ole
el
ascribed an the attached Exhibit OAOO Ifiz ;i;�rited
train by this references as Parcel 1. and barainsfer MEN
as Robart.L. Miller and Marjorie Do Killer*
arainafter referred to as 08111W. are owners of that
*III property particularly described an the attacbe4
xbIbIt "A, as Fares] 2. and hereinafter referred to as
he 0MIller property'. :0
OWN, A4
Co Each property now has one single family 0
asidence constructed on It*
Do The parties are desirous of *starting Into aft:000
ysteul� shall Rea4 the water wells pumps task, water
map equipment; regulators* pumPhouSt and wAterlines
roe said water well to the exterior of the residences
asignate4 In Faragraph Co above, all of which are
ocated on the toyer property and the Miller property
ad which are located approximately as shown In Exhibit &S
ttacbed hereto and Incorporated herein by this reference.0
greenest for theAparation. maintenance and repair of !:: V up
AMall an the Layer property. loo 0 eam
gs
P
private domestic water supply systei)%from the wbter W
WWWO
Oess otherwise specified. Each party shall we W
aspossible for the good repair and condition of Its own
&ter system In each residence from Its point of entry
ato swck resideacto Miller shall be responsible for
spaIr and maktonanco of all w&terlimas an the Miller
roperty. Loyer ohall 'we responsible for repair and
orage Osseo
An
N
UP
O
H
"i
s
'
• ..
� JO ems.
ii.•.�-.. .. .
•
'..
:Owv:i..
r
�
C'V
Ln
CO
CV
CM
CQ
G"
X)
i
maintenance of all watelines on the Layer property
g, The parties shall be jointly responsible •
: for the cost of repair and maintenance of the well
system and common waterlines on the toyer property
and the waterline from the common waterline to
ween the Layer property and the hiller
pro arty* Layer shall be resPons'DIO war Causlat
��.rod
s
t
i
a.
. •' .! .
000
MU
:. • Y:s -
,:
i
d
e
1
war reasoaaAie ass of the syste® and for a2aiAtatai'>g
and provisions for tramsportlag and win Of 1614re waouss
thereafter in good repair so as not to cams&
unreasonable wear and tear or damage to the system
or Cause excessive use of electricil" 'power for
operation thereof. In the event of failure to do so.
IS Iler shall be responsible for Immediate reimbursement
to Layer of the cost of all repairs to the system
Including the wells pump, waterlines and equipment am Op
which at ht be occasioned thereby& and for excessive
use of alactrical power for operation of the SYstame
7a Durtag theaters of this agreement It shall he a
covenant running with the lauds, and the terms and
conditions herein &hall Inure to the benefit ofa and
be binding and obligatory upon* the parties, their
heirs. successors and assigns. except as provided In
Paragraph a. balawa
go In the event the Layer property should at anytime
tv be subdividedo platted or otherwise be divided Into
two or more parcalse the rights and obligations
•created bereby shall be a covenant running only with
that parcel of real property upon which the well Is
•
in WITNESS WHEREOF the undersigned have set their
Go hands the d�js and year below wrl ten.
Datedoe • Da to.narj so U. Millar
OFF
0 XK i..
rrIn
ss
P t of King)
POP As
own to be thrm individual described In and who executed
Ofth* ithis and foregoing Instruments and acknowledged that the
signed the same as bar fr**, and voluntary a IF and dead, for the
uses urposos thereto mentioned. this day "rsomally appeared before as Dorothy J. Layers
My Commission onplr*ss
Xbii—" Public In and for the State of Washington, residing at
is
f King)
,..t Is day personally appeared before me Robert L. Miller
!not to 0. Killer, to as knewn to be the la4tvidwals
OF TOT purposes
Ply Commission expirool '"YoFlAn4e
public In and for the State of Washington* rasidiat at yCloM
i
POW
`a
�._
�•, 'f�?4•f�yJ�°.a�'� y f j �%'fi -r✓ i` 4 'Y^.t,.r�srf'�'r �- rt`�
Ltd,,,+t wlyi,T7•.4#�j : "�VC•l, i a
E7t11141T r�r
PARCEL 1:
i The West half of the east halt of the
! northwest quarter of the northeast quarter
of Section 21. Township 22 Rortb. Range 5 East,
ld.M.;
Except the south SS feet thereof. and
except road;
_ All situated in King County. Wash1u2ton.
• PAKCEI. 2:
The North lgs feet of the west 86 feat
of the oast half of the east half of the
northwest quarter'of the northeast quarter
O of section 21. Township 22 Borth. Range S East.
Except road:
All situated to R1ag County, tlashington.
to
EXMI®IT 090
cm
a
O
co
-y —
NvmPHcvS� ° � .
1
atit,/L LL
jWe"" Ac�nexmo+r
• T„ir v'. Lori
1
Agenda Item: Consent Calendar – 7J
TO: City Council
DATE: October 7, 2014
SUBJECT: 2015 Washington State Arts Commission Project Support Grant - Accept
SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent
Arts Commission a program support grant for 2015. Kent Arts Commission will use the
funding to support the presentation of a performance and educational outreach
activity by Hawaiian slack key guitarist John Keawe, as part of Spotlight Series.
EXHIBITS: Washington State Arts Commission Contract
RECOMMENDED BY: Parks and Human Services Committee
YEA: Higgins - Fincher - Ralph NAY:
BUDGET IMPACT: Revenue and expense impact the Kent Arts Commission budget
MOTION: Authorize the Mayor to accept the 2015 Washington State Arts
Commission Project Support grant in the amount of $3,000.00 and authorize
the expenditure of the funds, in accordance with the grant terms and
conditions acceptable to the Parks Director and City Attorney.
This page intentionally left blank.
WASHINGTON STATE ARTS COMMISSION
Grant Contract
Program: Project Support — Level B — Mid -sized Arts Organizations FY15
Contract No. 2015095
THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION, 711
Capitol Way S, Suite 600, PO Box 42675, Olympia, WA 98504-2675 hereinafter referred to as the COMMISSION, and
Name: City of Kent Arts Commission
Physical 220 4th Avenue South
Address: Kent, Washington 9803ms
2
Mailing 220.4th.Ayenue,South
Address: Kent, WashingtonMMUN 98032
Phone No: 253.856:5050
Web Site: https://wNvw_kentarts;com
Washington State UBI: N/A
Federal Employee ID: 91-6001254
DUNS: 20253613
Social Security Number: N/A
hereinafter referred to as the CONTRACTOR.
THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS:
A. PURPOSE OF CONTRACT
This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the
CONTRACTOR for the purpose of developing, sponsoring, promoting or administering an activity, project or
program which is related to the conservation and development of artistic resources of the State of Washington. RCW
43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30.
B.
DESCRIPTION OF THE ACTIVITY. PROJECT OR PROGRAM
CONTRACTOR shall use funds provided under this Contract No. 2015095 solely for the grant proposal funded
through the Project Support for Mid -sized Arts Organizations for FY15 as described in Attachment A: Scope of
Work.
C. AMOUNT OF GRANT
Total amount provided under this contract: THREE THOUSAND AND 00/100 Dollars ($ 3,000.00)
1. The Commission provides State Funds in the amount of ZERO AND 00/100 Dollars ($ 0.00) to the
CONTRACTOR.
2. The Commission provides Federal Funds in the amount of THREE THOUSAND AND 00/100 Dollars ($
3,000.00) to the CONTRACTOR.
Applicable only if Contract includes Federal Funds:
Federal Catalog of Domestic Assistance No: 45.025
Federal Grant No: 14-6100-2043
Grant Contract No. 2015095 Page 2 of 13
3. CONTRACTOR agrees to match this grant with cash and/or in -kind resources equal to or greater than the total
funds provided by the COMMISSION.
4. Payments will be made in accordance with the payment schedule set forth in Attachment B.
D. CONTRACT PERIOD
Funds are awarded for the period beginning August 15, 2014 to June 30, 2015. The CONTRACTOR must expend
all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMISSION immediately in
writing if any portion of the funds will not be expended by the end of the fiscal year.
E. CONTRACT REPRESENTATIVES
The following shall be the contact persons for all communications and billings regarding the performance of this
Contract. Either party shall provide written notification to the other of changes in contract representation.
CONTRACTOR Contract Re resentative: COMMISSION'S Contract Re resentative
Name Ronda Billerbeck Name Christel Ratliff and Title: Cultural Programs Manager and Title: Program Coordinator
UNA
Org. City of Kent Arts Commission Org: Washington State Arts Commission —
Name: Name: Grants to Organizations
220 4th Avenue South Address: PO Box 42675
KentMmmod, Washinmm"AMMMAgtonunmm, 98
Address: 032 Olympia, WA 98504-2675
Phone: 253 ;856= 5050
Phone: 360-586-0026
E-Mail; rbillerbeck kentwa. ov E-Mail: christel.ratliff arts.wa. ov
F. LIMITATION OF AUTHORITY
The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the
COMMISSION'S Agent shall have the express, implied, or apparent authority to alter, amend, modify, or waive any
clause or condition of this contract. The Agent may delegate this authority, but such delegation is effective only if in
writing. See General Terms and Conditions for Contract Amendment or Modification procedures.
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including
the following, which by this reference, are made a part of this Contract:
Attachment A: Scope of Work and Reporting Requirements
Attachment B: Payment Schedule
Attachment C: General Terms and Conditions
Attachment D: Invoice Voucher
Attachment E: National Endowment for the Arts General Terms and Conditions for Federal Funding
Grant Contract No. 2015095 Page 3 of 13
H. INSURANCE
Automobile Liability: In the event that services delivered pursuant to this contract involve the use of vehicles, either
owned or unowned by the CONTRACTOR, the CONTRACTOR shall require the owner or driver of the automobile
to provide automobile liability insurance. The minimum limit for automobile liability is: $100,000/$300,000 bodily
injury and $100,000 property damage.
L ENTIRE CONTRACT
This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this contract and attachments shall be deemed to
exist or to bind any of the parties.
J. FINAL REPORT
The CONTRACTOR shall provide a Final Report to the CONMS SION within 30 days following the Contract
Period ending date. All Final Report materials must be submitted through the CONMSSION's Grants Online
System at http://wsac.culturegrants.orgi
THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this
contract.
WASHINGTON STATE ARTS COMMISSION
Karen Hanan, Executive Director
(printed title of signatory)
APPROVED AS TO FORM:
(Signature of Kathryn Wyatt, Assistant Attorney General, State of Washington, July 11, 2013 on file in fiscal office)
Grant Contract No. 2015095 Page 4 of 13
GRANT CONTRACT - ATTACHMENT "A"
Scope of Work and Reporting Requirements
Program: Project Support — Level B — Mid -sized Arts Organizations FY15
Contract No. 2015095
CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds shall be received solely
for the services and/or reimbursements described here below:
Proiect Support assistance with:
Kent Arts Commission will present a public performance by Hawaiian slack -key guitarist, singer, songwriter 7ohn
Keawe as part of the 2014-2015 Spotlight Series. The concert will bring indigenous Hawaiian art forms — music,
dance, stories — to Kent -Meridian Performing Arts Center, Oct. 11, 2014. The performers will also present an
educational lecture/demonstration at Kent -Meridian High School.
Event Announcement and Documentation:
The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public
announcement, press release, or other direct mail or electronic mail announcement of the event(s) funded under this
contract. The CONTRACTOR will mail such public announcements to:
Grants to Organizations
Washington State Arts Commission
PO Box 42675
Olympia, WA 98504-2675.
Final Report Obligations:
Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to
Organizations, 30 days following the contract ending date; this is a contractual obligation for the grant. The
IbL
completed form must be received by the Washington State Arts Commission (ArtsWA), Grants to Organizations,
Au u�st 1, 2015. Final Report Materials must be submitted through the COMMISSION's Grants Online System
http://wsac.culturegrants.org.
Final Report Penalty:
Grant recipients that do not submit Final Reports by the August 1, 2015 deadline will have a 10%penalty deducted
from any future grant from Grants to Organizations.
Contacting Legislators:
The Washington State Arts Commission's grant programs are made possible by appropriations from the State of
Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit
provided by ArtsWA's grant funds. For this reason, grant recipients are required to submit a copy of at least one
letter to a state senator or state representative as part of their Final Report. If you are not sure who these elected
officials are, or need their contact information, go to http://Up.leg.wa.gov/distrietfinder.
Logo Credit:
WASHINGTON STATE
ARTS COMMISSION
Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant. The
ArtsWA logo maybe downloaded from the website: www.arts.wa.aov. If your grant includes federal funding (which
would be stated on page 1 of your contract), you are also obligated to credit the National Endowment for the Arts
(NEA) in the same manner as ArtsWA. NEA logos are downloadable at www.arts.aov.
Grant Contract No. 2015095
Page 5 of 13 Attachment A
GRANT CONTRACT - ATTACHMENT "B"
Payment Schedule
Program: Project Support — Level B — Mid -sized Arts Organizations FY15
Contract No. 2015095
CONTRACTOR: City of Kent Arts Commission
The CONTRACTOR agrees that funds as awarded in section (1) of the CONTRACT and in consideration of section
(2) of the CONTRACT, will be paid to the CONTRACTOR by the COMNIISSION in consideration of the following
terms and conditions:
No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D
of the CONTRACT;
2. Payments will be made after the expenses for which CONIIvIISSION funds were committed have been
incurred;
3. All requests for payment shall be on the form of voucher set forth in Attachment D.
4. You have the option of obtaining your grant payments via direct deposit through the Department of
Enterprise Services. The necessary forms are downloadable from www.arts.wa.eov/ rg ants/ rg ants -
resources.
5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of
a properly completed invoice, which shall include documentation of authorized expenses.
6. The schedule for payment is as follows:
Month/Year
8/1/2014
or upon project completion
TOTAL AWARD
Amount
$ 3,000.00
$ 3.000.00
Grant Contract No. 2015095 Page 6 of 13 Attachment B
GRANT CONTRACT - ATTACHMENT
General Terms and Conditions
Program: Project Support. Level B — Mid -sized Arts Organizations FY15
Contract No. 2015095
CONTRACTOR: City of Kent Arts Commission
TABLE OF CONTENTS
This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract.
A. HEADINGS AND DEFINITIONS............................................................................. 2
B. GENERAL CONTRACT TERMS
Amendments or Modifications....................................................................................2
Conformancewith Law................................................................................................2
Orderof Precedence....................................................................................................2
Severability. .................................................................................................................. 2
Waiverof Default or Breach ... losses seems leave* assets ..................................................... sea ...,.2
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
Covenant Against Contingent Fees.............................................................................. 2
Indemnification............................................................................................................ 3
Independent Capacity of Contractor............................................................................3
Nonassignability....................................................................................................Spot.. 3
Publicity/Acknowledgements......................................................................................3
Reproduction............................................................................................................... 3
Serviceswithin Washington........................................................................................3
D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTIONS
Americans with Disabilities Act.................................................................................. 3
Compliance with Applicable Law. . m a a t a 0 a a 9 4 4 0 0 0 0 9 0 6 a 4 9 a 9 4 a & . t a 9 a a 6 9 9 0 0 a 6 4 6 a 6 6 * 0 a 2 massages 2*0921 age 3
Conflict of Interest............... ooqQ%m66$sm stages stop*& Nowsbooet a *WOOOU 4
HazardousSubstances.................................................................................................4
NondiscriminationLaws..............................................................................................4
Public Disclosure/Confidentiality................................................................................4
Records, Documents, and Reports...............................................................................4
Registration with Department of Revenue................................................................... 5
Rightof Inspection...................................................................................................... 5
E. FUNDING REIMBURSEMENT AND BUDGET
AdvancePayments Prohibited.....................................................................................5
Fundsnot Supplanting.................................................................................................5
Taxes 5
...........................................................................................................
Travel and Per Diem......... 000064 OWN *lease Sao 0 Samoa 66pr*96sa* 0 5
F. TERMINATION AND DISPUTES
Disputes....................................................................................................................... 5
GoverningLaw and Venue.......................................................................................... 5
Savings.......................................................................................................................5
Termination for Convenience...................................................................................... 6
Termination or Suspension for Cause..........................................................................6
Go ADDITIONAL FEDERAL FUNDING REQUIREMENTS
Application.................................................................................................................. 6
Publicity/Acknowledgements.....................................................................................6
NEA General Terms and Conditions........................................................................... 6
Grant Contract No. 2015095 Page 7 of 13 Attachment C
A. HEADINGS AND DEFINITIONS
DEFINITIONS - As used throughout this Contract, the following terms shall have the meaning set forth below:
"COMMSSION" shall mean the Washington State Arts Commission, any division, section, office, unit or other
entity of the Commission, or any of the officers or other officials lawfully representing that Commission.
"AGENT" shall mean the Executive Director, Washington State Arts Commission, and/or the delegate
authorized in writing to act on his/her behalf.
"CONTRACTOR" shall mean that firm, provider, organization, individual or other entity that has been awarded
a grant of funds under this Contract, and shall include all employees of the CONTRACTOR.
"NEA" shall mean the National Endowment for the Arts.
"SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is performing all or
part of those services under this Contract under a separate contract with the CONTRACTOR. The terms
"Subcontractor" and "Subcontractors" mean Subcontractor(s) in any tier.
HEADINGS -Headings used in this Contract are for reference purposes only and shall not be considered a
substantive part of this Contract.
B. GENERAL CONTRACT TERMS
AMENDMENTS OR MODIFICATION -This Contract maybe amended or modified only by mutual consent of the
COMMISSION and CONTRACTOR. To be effective, any amendment or modification must be in writing, signed
by all parties, and attached hereto. No oral understanding or agreement binds the parties.
CONFORMANCE - If any provision of this contract violates any statute or rule of law of the State of Washington, it
is considered modified to conform to that statute or rule of law.
ORDER OF PRECEDENCE —The items listed below are incorporated herein by reference. In the event of an
inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State
Executive Orders.
2. Special Terms and Conditions of this Contract, including
a. Scope of Work and Reporting Requirements
b. Modifications to the General Terms and Conditions
3. General Terms and Conditions
4. NEA General Terms and Conditions if Federal funds are committed by this Contract.
5. All other attachments or material incorporated by reference.
SEVERABII.,ITY - If any provision of this Contract or any provision of any document incorporated by reference is
held invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without
the invalid provision, and to this end the provisions of this Contract are declared to be severable.
WAIVER OF DEFAULT OR BREACH-- Waiver of any default or breach shall not be deemed to be a waiver of any
subsequent default or breach. Waiver of any default or breach shall not be construed to be a modification of the
terms of the Contract.
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
COVENANT AGAINST CONTINGENT FEES -The CONTRACTOR warrants that no person or selling agent has
been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or a bona fide established agent maintained
by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right, in the event
of breach of this clause by the CONTRACTOR, to annul this Contract without liability, or, in its discretion, to
deduct from the contract price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
Grant Contract No. 2015095 Page 8 of 13 Attachment C
INDEMNIFICATION — To the fullest extent permitted by law, the CONTRACTOR shall indemnify defend, and
hold harmless the State of Washington, including the COMMISSION and all officials, agents, employees of the State
from and against any liability, damages, claims, suits and/or expenses arising out of or resulting from performance of
this Contract, including, but not limited to, injury to persons or property, failure to follow applicable law, acts that
are libelous or slanderous, and the violation or infringement of any copyright, patent, trademark, trade name or unfair
trade practice law. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes any claim by
the CONTRACTOR's agents, employees, representatives, or any subcontractor or its employees. The
CONTRACTOR shall be required to indemnify, defend, and hold harmless the State only to the extent claim is
caused in whole or in part by negligent acts or omissions of the CONTRACTOR.
INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship.
The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the
COMMISSION or the State of Washington. The CONTRACTOR and its employees or agents will not hold
themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by
reason of this Contract and will not make any claim, demand, or application to or for any right or privilege which
would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise
the manner in which this Contract is performed.
NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract, any rights or obligations under this
Contract, or any claim arising under this Contract without prior written consent of the COMMISSION.
PUBLICITY/ACKNOWLEDGEMENTS —The CONTRACTOR shall acknowledge the COMMISSION in all
printed or oral material and announcements, including in -person interviews with audio, video, or print journalists,
which result from this Contract, as follows: "This program is supported, in part, by a grant from ArtsWA (the
Washington State Arts Commission)."
REPRODUCTION -The CONTRACTOR relinquishes to the State and its assigns royalty -free, irrevocable, non-
exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials
that result from this Contract, provided that such use or reproduction shall be only for government purposes. Data
shall include, but is not limited to, reports, documents, pamphlets, other printed matter, photographs, and sound
recordings. Government purposes shall include, but are not limited to, (1) internal documents such as memoranda
and (2) public releases such as advertising, brochures, media publicity and catalogs or other similar publications,
social media or other electronic communications, provided that the author or artist is credited. All reproductions of
copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable.
SERVICES WITHIN WASHINGTON -The CONTRACTOR agrees that no funds under this Contract will be used
for activities or services outside the State of Washington, without prior authorization of the COMMISSION.
D COMPLIANCE WITH LAWS RECORDKEEPING, AND INSPECTION
AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the
"ADA" 28 CRF Part 35. —The CONTRACTOR must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public accommodation, state and local
government services, and telecommunications.
COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR shall comply with all applicable and current
federal, state, and local laws, regulations, and policies, including all applicable local, state, and federal licensing,
accreditation and registration requirements/standards necessary for the performance of this Contract.
In the event of the CONTRACTOR'S noncompliance or refusal to comply with any applicable law or policy, the
COMMISSION may rescind, cancel or terminate this Contract -for cause in whole or in part. The COMMISSION
also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION.
CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal,
the COMMISSION may, by written notice to the CONTRACTOR, terminate this Contract if it is found after due
notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act, Chapter
12.52 RCW, or any similar statute involving the CONTRACTOR in the procurement of, or performance under, this
Contract._
Grant Contract No. 2015095 Page 9 of 13 Attachment C
In the event this Contract is terminated as provided above, the COMMISSION shall be entitled to pursue the same
remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR.
The rights and remedies of the COMMISSION provided for in this clause shall not be exclusive and are in addition
to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any
determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this
Contract.
HAZARDOUS SUBSTANCES. The CONTRACTOR will defend, protect and ho"Lill COMMISSION and
any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all
costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from
the presence of, or the release or threatened release of, hazardous substances as defined by state and federal law on
the property covered by the project.
NONDISCRIlVIINATIONZAWS —During the performance of this Contract, the CONTRACTOR shall comply with
all federal and state nondiscrimination laws, regulations, or policies. If the CONTRACTOR does not comply or
refuses to comply with nondiscrimination laws, regulations or policies, the CONMSSION may rescind, cancel, or
terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts
with the COMMISSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance.
Any dispute may be resolved in accordance with the "Disputes" provision in this Contract.
PUBLIC DISCLOSURE/CONFIDENTIALITY —CONTRACTOR acknowledges that the COMMISSION is subject
to Chapter 42.17 RCW, the Public Disclosure Act and that this Contract shall be a public record as defined in RCW
42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or
proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17
RCW, the COMMISSION shall maintain the confidentiality of all such information marked confidential or
proprietary. If a request is made to view the CONTRACTOR's information, the COMNIISSION will notify the
CONTRACTOR of the request and the date that such records will be released to the requester unless
CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court
order enjoining disclosure, the COMMISSION will release the request information on the date specified.
RECORDS DOCUMENTS, AND REPORTS —The CONTRACTOR shall maintain complete financial records,
including all accounts, books, records, documents, invoices and other evidence, that sufficiently and properly reflect
all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records
must clearly show that matching expenditures, if required, are not less than the amount granted in the approved
application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance
with generally accepted accounting principles, and will be applied in a consistent manner so that the project finances
can be clearly identified.
These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by
the COMMISSION, the Office of the State Auditor, and Federal officials so authorized by law, rule, regulation, or
contract. The CONTRACTOR will retain all books, records, documents, and other materials relevant to this
Contract for six years after termination or expiration of the Contract, and make them available for inspection by
persons authorized under this provision. If any litigation, claim or audit is started before the expiration of the six (6)
year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
REGISTRATION WITH THE DEPARTMENT OF REVENUE -The CONTRACTOR shall complete registration,
if required by law, with the Washington State Department of Revenue, P.O. Box 47450, Olympia, WA 98504-7450,
http*.Hdor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under
this Contract.
RIGHT OF INSPECTION— The CONTRACTOR shall cooperate with and freely participate in any monitoring or
evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract, including right of entry
for periodic site inspections. The CONTRACTOR shall provide right of access to the facilities and/or site of the
activity, project, or program to the CONMSSION, or to any of its officers, or to any other authorized agent or
official of the State of Washington or the Federal government at all reasonable times, in order to monitor and
evaluate performance, compliance, and/or quality assurance under this Contract.
Grant Contract No. 2015095 Page 10 of 13 Attachment C
E. FUNDING REIMBURSEMENT AND BUDGET
ADVANCE PAYMENTS PROHIBITED - No payments in advance or in anticipation of services or supplies to be
provided under this Contract shall be made by the COMMISSION.
TAXES — All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance
or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
TRAVEL AND PER DIEM - In the event the Contract expressly provides for the CONTRACTOR to be reimbursed
for out-of-pocket expenses, the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage
and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit
documents supporting billings made for out-of-pocket expenses.
F. TERMINATION AND DISPUTES
DISPUTES. Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing of the other according to the process set
out in this section. Either party's request for dispute hearing must be in writing and clearly state:
1. The disputed issue(s);
2. The relative positions of the parties;
3. The CONTRACTOR's name, address and project title.
The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree
that they cannot resolve the dispute. Within 5 working days of receipt of the request, the receiving party shall
respond by either accepting or refusing the request for dispute resolution.
If both parties agree to a dispute hearing, the dispute shall be heard by a panel of three persons consisting of one
person selected by the CONTRACTOR, one person selected by the COMMISSION, and a third person chosen by
the two persons initially appointed. Any hearing under this section shall be informal, with the specific processes to be
determined by the panel according to the nature and complexity of the issues involved. The process may be solely
based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the
disputes. The parties shall equally share all cost associated with implementation of this process.
The decision of the panel shall not be admissible in any succeeding judicial or quasi judicial proceeding
concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any
action in a judicial or quasi judicial tribunal. Nothing in this Contract shall be construed to limit the parties'
choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution
procedure outlined above.
GOVERNING LAW AND VENUE — Washington law shall govern this Contract. In the event of a lawsuit
involving this Contract, venue shall be proper in Thurston County.
SAVINGS If any State, Federal, private, or other funding source withdraws, reduces, or limits in any way the funds
appropriated for the work under this Contract prior to normal termination of the Contract, the COMMISSION may
terminate the Contract without advance notice. At the COMMISSION's discretion, the parties may renegotiate the
Contract under those new funding limitations and conditions. If this Contract is so terminated, the parties shall be
liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the
effective date of termination.
TERMINATION FOR CONVENIENCE - Either party may terminate this Contract upon 15 days' prior written
notification to the other party. If this Contract is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination.
TERMINATION OR SUSPENSION FOR CAUSE —In the event the COMMISSION determines the
CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner, the COMMISSION
has the right to suspend or terminate the Contract. Before suspending or terminating the Contract, the
COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action
is not taken within fifteen (15) days of receiving notice, the COMMISSION may terminate or suspend the Contract.
Grant Contract No. 2015095 Page 11 of 13 Attachment C
If the Contract is terminated for cause, the COMMSSION reserves the right to require the CONTRACTOR to repay
all or any portion of funds paid to the CONTRACTOR prior to termination. The CONTRACTOR shall make
repayment within thirty (30) days of the demand. If the COMMISSION is required to institute legal proceedings to
enforce this repayment provision, the COMMISSION shall be entitled to its costs, including reasonable attorneys'
fees. However, repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy
available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any single,
any combination, or all of the remedies available to it under this Contract, or under any provision of law, common
law, or equity.
G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS.
APPLICATION — If federal funds are committed by this Contract, the CONTRACTOR shall abide by the following
conditions.
PUBLICITY/ACKNOWLEDGEMENTS —The PUBLICITY/ACKNOWLEDGEMENT provision elsewhere in this
Contract is hereby amended as follows:
"The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral
material and announcements, including in -person interviews with audio, video, or print journalists,
which result from this Contract, as follows: "This program is supported, in part, by a grant fiom the
Washington State Arts Commission (now also known as "ArtSWA") and the National Endowment for
the Arts."
Additionally, all printed materials shall display the NEA logo as per NEA General Terms and Conditions,
Attachment E.
NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this
Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to
the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements (Federal Laws, rules,
regulations and OMB Circulars) enumerated in the NEA General Terms and Conditions apply to the
CONTRACTOR. As a subgrant recipient, the CONTRACTOR shall abide by the NEA General Terms and
Conditions not inconsistent with the Special and General Terms and Conditions of this Contract.
Grant Contract No. 2015095 Page 12 of 13 Attachment C
GRANT CONTRACT - ATTACHMENT "0"
Invoice Voucher
FORM 0 STATE OF WASHIFIGTOTI
AFRS
(REV 719G) -INVOICE VOUCHER
AGENCY NAME AND LOCATION
WASHINGTON STATE ARTS COMMISSION
PO BOX 42676
OLYMPIA WA 98504-2675
VENDOR OR CLAIMANT (Warrant is to be
City of Kent Arts Commission
220 4th Avenue South
Kent, Washington 98032
AGENCY N0.
AGENCY USE ONLY
LOCATION CODE
P.R. 0 AUTH. NO.
387
001
INSTRUCTION TO VENDOR OR CLAIMANT.,4 Submit this form to claim payment for materials,
merchandise or services. Show complete detail for each item.
Vendor's Certificate. I hereby certify under penalty of perjury that the Items and totals listed
herein are proper charges for materials, merchandise or services fumished to the State of
Washington, and that all goods furnished and/or services rendered have been provided without
disc mination because of age, sex, marital status, race, creed, color, national origin, handicap,
rel(gion, or Vietnam era or disabled veterans status.
FEDERAL I.D. NO.OR SOCIAL SECURITY NO. (For Reporting Personal Service Contract Payments to IRS): RECEIVED BY:
DATE RECEIVED:
91-6001254
UNIT AMOUNT FORAGENCY
DATE DESCRIPTION =ANTIILUNIT PRICE:: USE
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DOC. DATE PMT DUE CU: REF. DOC. NO.: VENDOR NUMBER: USE TAX VENDOR MESSAGE:
UBI NUMBER:
DATE:
REF M MASTER SUB woRKCLA9s COamv CnyrrowtaDOC TRANS O FUND APPN B SUB ORG Budget PROJECT SUB PROJ AMOUNT INVOICE NUMBER
SUF CODE D INDEX J OBJ. INDEX ALLOC Unit MOSPROD PHAS,001 012 Z 5MAO 00 00 $ 0.00 MA02015095
001 020 Z 15 5MA0 00 00 $ 3,000,00 MA02015095
DATE: WARRANT TOTAL: WARRANT NUMBER:
ACCOUNTING APPROVAL FOR PAYMENT:
,, , • . .
Federal•.,Requirements
Updated
This grant includes federal funds from the National Endowment for the Arts. Signing and returning
your grant contract confirms your compliance with all pertinent federal requirements, regulations
and laws, including the following:
A. Project Costs supported by the NEA —There may be no overlapping project costs between
two or more Federal awards. This grant may not be used to match a direct grant from the NEA
(or vice versa).
B. Uniform Administrative Requirements — establishes administrative standards to ensure
consistency among recipients of Federal awards. OMB CircularA410 applies to grantees that
are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part
1157 applies to grantees that are units of state and local governments and federally recognized
Indian Tribal governments.
C. Cost Principles — establishes allowability of costs for work performed under an Arts
Endowment award. OMB CircularA422 applies to grantees that are non-profit organizations
other than institutions of higher education; OMB CircularA-21 applies to public and private
institutions of higher education; OMB Circular-87 applies to local governments and federally
recognized Indian tribal governments
D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United
States shall, on the grounds of race, color or national origin, be excluded from participation in,
be denied benefits of, or be subject to discrimination under any program or activity receiving
federal financial assistance. Title VI also extends protection to persons with limited English -
language proficiency.
E. Title IX of the Education Amendments of 1972 provides that no person in the United States
shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal assistance
F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the
basis of age, be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity receiving federal financial assistance.
G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled
individual in the United States, shall, solely by reason of his/her disability, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving federal assistance. Under this regulation, a federally funded arts program
when viewed in its entirety must be accessible to all persons. The National Endowment for the
Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151).
You must have a Section 504 self -evaluation on file at your organization. Additional
information, including The Arts and Humanities Accessibility Checklist, is available online at
http://www.arts.qov/resource 5/Acceasj
H. Americans with Disabilities Act (ADA) of 1990, as amended, prohibits discrimination on the
basis of disability in employment (Title 1), State and Local Government Services (Title 11), and
places of public accommodation and commercial facilities (Title III).
I. Labor Assurance — you must comply with the labor standards set out in 29 CFR Part 505.
You provide this assurance by signing and returning your grant invoice(s) to ArtsWA.
J. Federal Debt Status (OMB CircularA429) — you may not be delinquent in the repayment of
any federal debt.
K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and
12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a
grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or
any other cause of so serious or compelling a nature that it affects an organization's present
responsibility, they may suspend funds and debar the grantee from future federal funding for a
period of up to three years. Signing this grant contract also confirms that you are presently fit
to administer the terms of the grant, with no evidence to the contrary or any previous cause for
debarment or suspension.
L: The National Historic Preservation Act of 1966 applies to any Federal funds that would
support either the planning or major renovation of any structure eligible for or on the National
Register of Historic Places, in accordance with Section 106.
M. The National Environmental Policy Act of 1969 applies to any Federal funds that would
support an activity that may have environmental implications (e.g., outdoor murals, outdoor
festivals, outdoor sculptures, etc.).
N. Prohibition Against Lobbying: OMB Circular A422 /Section 319 of Public Law 101421,
codified at 31 U.S.C. Sec. 1352 /45 CFR Part 1158: grantees must adhere to the prohibition
against lobbying within a federally supported grant project which states that no federal
appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the making of any federal grant, the entering into any federal grant or
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any federal grant or cooperative agreement.
O. Native American Graves Protection and Repatriation Act of 1990 applies to any
organization which controls or possesses Native American human remains and associated
funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act.
Additional information about the above federal requirements are available on the NEA
website hftp://www.nea.gov/manageaward/GTCR a
In addition, fhe NEA requires Thatyou:
® Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information
or reports necessary for us to fulfill all applicable Federal reporting requirements.
® Use U.S. air carriers for foreign travel consistent with the Fly America Act.
® Maintain financial records and supporting documents pertinent to the award for three years
following submission of your final report. During the project period and the subsequent three-
year retention period, ArtSWA reserves the right to request timely and unrestricted access to
project records.
® Make your best effort to purchase American -made equipment and products, consistent with the
Buy American Act.
Agenda Item: Consent Calendar – 7K
TO: City Council
DATE: October 7, 2014
SUBJECT: "I" CANN Fitness Equipment Donation - Accept
SUMMARY: The city of Kent has been given $14,000.00 worth of outdoor fitness
equipment by the South King County Community Activity Nutrition Network initiative
("I" CANN). This equipment will be installed by staff to replace aging equipment along
an existing fitness trail in West Fenwick Park.
EXHIBITS: None
RECOMMENDED BY: Parks and Human Services Committee
YEA: Higgins - Fincher - Ralph NAY:
BUDGET IMPACT: Impact to the city's asset list
MOTION: Authorize the Mayor to accept the South King County Community
Activity Nutrition Network Initiative ("I" CANN) fitness equipment donation
(valued at $14,000.00) for West Fenwick Park.
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Agenda Item: Other Business – 8A
TO: City Council
DATE: October 7, 2014
SUBJECT: Recreational Marijuana Zoning Regulations, Ordinance – Adopt
SUMMARY: See Attached Memorandum from Fred N. Satterstrom, AICP, Planning
Director.
EXHIBITS: 1) Memorandum from Fred N. Satterstrom, AICP, Planning Director,
dated October 7, 2014 w/ exhibits
2) Ordinance
RECOMMENDED BY: Land Use and Planning Board
YEA: Ottini – Phillips – Cornelius - Smith NAY: Gill - Jones
BUDGET IMPACT: None
MOTION: Adopt Ordinance No. , adopting the recommendation of
the Economic & Community Development Committee to disallow the
production, processing, and retail sale of recreational marijuana in all
zoning districts in the City of Kent.
This page intentionally left blank.
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 7, 2014
TO: Dana Ralph, Council President and Kent City Council Members
FROM: Fred N. Satterstrom, AICP, Planning Director
RE: Recreational Marijuana Zoning – Recommendation of ECDC Committee
SUMMARY AND BACKGROUND: On November 6, 2012, the voters of Washington state
approved Initiative No. 502 (I-502) which allows for limited production, processing, and retail
sale of marijuana and marijuana-infused products, subject to oversight by the state Liquor
Control Board and certain administrative rules. A certain amount of confusion prevailed
following passage of the initiative, and the 2013 Legislative session did little to clarify the
path forward for cities and counties. Therefore, the Kent City Council adopted a six-month
moratorium through Ordinance No. 4094 on November 27, 2013 to allow time to develop land
use regulations addressing recreational marijuana uses. This moratorium was extended for
an additional six months through the passage of Ordinance No. 4109 to allow the Land Use &
Planning Board (LUPB) sufficient time to review zoning options regulating production,
processing, and retail sales of marijuana.
The LUPB held two workshops earlier this year where several zoning options were analyzed
and evaluated. A public hearing was also held by the LUPB on June 23, 2014 where several
citizens testified. Following the public hearing and after considering the testimony of citizens
and the materials submitted by staff at the workshops, the LUPB voted to recommend
disallowing the production, processing, and retail sale of recreational marijuana in all City of
Kent zoning districts.
The ECDC took this matter up at their September 8, 2014 meeting and voted 2-1 in favor of
approving the recommendation of the LUPB.
cc: Ben Wolters, ECDC Director
Charlene Anderson, AICP, Planning Manager
Katie Graves, Planner
David Galazin, Assistant City Attorney
Attachments: ECD Committee Minutes 9/8/14
Motion from ECD Committee 9/8/14
Attachment A LUPB Public Hearing 6/23/14 Motion
Attachment B LUPB 6/23/14 Marijuana Regulations in Neighboring Cities
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 08, 2014
Committee Members Committee Chair Bill Boyce, Dennis Higgins, and Jim Berrios. Boyce
called the meeting to order at 5:00 pm.
1. Call to Order
2. Roll Call
3. Changes to the Agenda
4. Approval of Minutes
Higgins Moved and Berrios Seconded a Motion to approve the Minutes of
August 11, 2014. Motion PASSED 3-0.
5. Recreational Marijuana Zoning Regulations
Fred Satterstrom, Planning Director, advised that a moratorium on recreational marijuana
land uses in Kent was initiated in November, 2013 and extended in May, 2014. The issue
was passed to the Land Use and Planning Board (LUPB) to address land use impact issues
of production, processing and retail sales of recreational marijuana. The LUPB held
workshops in May 2014 and a Public Hearing on June 23, 2014, where the Board voted to
disallow production, processing, and retail sales of recreational marijuana.
Satterstrom described Production as the growing operation of marijuana; Processing as the
method used to process marijuana from raw and resourced natural materials than
dispensed to retailers. The LUPB discussed the following options when making a decision
regarding production and processing:
A. Not allow it in any zoning district.
B. Allow only in the M-3 zone, heavy industrial zone, north of downtown and away from
protected land uses such as churches, schools, parks, etc.
C. Allow only in any Manufacturing zone, M1-M3. CM-1, and CM-2. Some of these areas
are within 1000 feet of the protected land use areas.
The LUPB discussed the following options when making a decision regarding retail sales:
A. Not allow it in any zone.
B. Allow in only Gateway commercial zone, Gowe.
C. Allow only in zone CM-2, South Central
D. Allow only in zone M1-C, 180th / West Valley, 212th / West Valley, and 228th / West
Valley.
Satterstrom stated that Auburn and Federal Way have moratoriums in place. Covington,
Des Moines, Renton, and Tukwila, as well as King County, provided zoning to some extent
to allow production, processing, and retail sales of recreational marijuana. SeaTac voted to
not allow production, processing, or retail sales of recreational marijuana.
David Galazin, Assistant Civil Attorney, spoke about how the LUPB approached and viewed
recreational marijuana. The Board was unanimous in favor of disallowing retail sales in any
zoning district. Production and processing were discussed in tandem as applicants who
apply for these licenses are generally applying for both. Many applicants would like to grow
marijuana and process it themselves. Some Board members voiced support to allow
production and processing within the M-3 Zoning District.
Galazin advised that the City of Fife adopted a zoning ordinance banning recreational
marijuana production, processing, and retail sales in all zoning districts. Fife was then sued
by a potential applicant. The attorney general’s office concluded that nothing in state law
pre-empts the city from exercising their zoning authority. Zoning is an inherent authority
that the legislative body possesses and zoning cannot be implemented by initiative.
Galazin suggested not passing any more moratoriums for the purpose of information
gathering as the time the City Attorney’s staff has already expended totals about 170 hours
on the medical marijuana issue and half that amount of time on recreational marijuana.
Higgins spoke in favor of allowing recreational marijuana in Kent. He stated that 56% of
Washington’s population voted in favor of initiative 502 for recreational marijuana and feels
that the 120,000 people of Kent shouldn’t have to go to other cities to obtain their
marijuana. Higgins advised that state legislators will not share marijuana tax revenue with
cities that ban marijuana and there will be an increased enforcement cost of having a ban.
Galazin confirmed that if Kent approves businesses to produce and process marijuana and
there are some businesses that violate the Liquor Control Board (LCB) permit, it is illegal
without a state license.
Satterstrom stated that the M-3 zone allows a wide variety of manufacturing uses
including; storage, steel product manufacturing, hazardous waste recycling, and trucking.
Galazin advised that the state will share revenue with cities that have retail stores.
Boyce and Berrios spoke in opposition to allowing production, processing, and retail sales of
recreational marijuana in Kent as there are too many unknowns with the state and with
potential impacts related to odor, safety, and crime issues. Higgins supported recreational
marijuana in the M-3 and M1-C zoning districts.
Berrios MOVED and Boyce SECONDED a motion to recommend APPROVAL of the
Land Use and Planning Board decision to disallow production, processing and
retail sales of recreational marijuana in all zoning districts of Kent. Motion
PASSED 2-1 with Higgins Opposed.
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
September 3, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Fred N. Satterstrom, AICP, Planning Director
RE: Recreational Marijuana Zoning Regulations
For September 8, 2014 ECDC Meeting
SUMMARY: On June 23, 2014, the Land Use & Planning Board (LUPB) held a
public hearing on recreational marijuana zoning regulations. Following the hearing
and after consideration of several optional zoning schemes, the LUPB voted to
disallow the production, processing, and retail sales of recreational marijuana in all
zoning districts in Kent.
The staff report prepared for the June 23rd LUPB public hearing is included here as
part of the Committee’s packet. It includes a discussion of some of the anticipated
impacts of recreational marijuana uses including odors, public safety, crime, and
land use impacts to surrounding uses. It also includes a number of zoning options
for production, processing, and retail uses related to recreational marijuana. This
information as well as the public’s testimony at the public hearing was considered
by the Board prior to making their recommendation.
BACKGROUND: At the September 8th ECDC meeting, Planning and legal staff will
review this background information and outline the recommendation of the LUPB.
In order to meet the timelines imposed by the existing moratorium ordinance, the
full City Council will have to act by mid-October.
Finally, at the City Council’s workshop on this topic on July 15, 2014, some
councilmembers expressed interest in how Kent’s neighboring cities were dealing
with recreational marijuana zoning. The following chart reflects the status of such
zoning regulations in King County and the seven cities that surround Kent as of
August 28, 2014.
FS/pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-2 Marijuana\ECDC\09-08-14 Rec Marijuana Staff Memo.docx
Enc: Att A: 6-23-14 LUPB Hearing Staff ReportDQG0LQXWHV
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FF Charlene Anderson, AICP, Planning Manager
MOTION: To recommend to the full City Council approval of the Land Use
& Planning Board’s recommendation to disallow the production,
processing, and retail sale of recreational marijuana in all zoning districts
in the City of Kent.
5
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 16, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Katie Graves, Planner; David Galazin, Assistant City Attorney
RE: Recreational Marijuana Zoning ZCA-2014-2
For the June 23, 2014 Public Hearing
BACKGROUND:
On November 6, 2012, the voters of Washington approved Initiative No. 502
(“I-502”), which allows for limited production, processing and retail sale of
marijuana and marijuana-infused products, 1 subject to oversight by the state
Liquor Control Board (“LCB”) and certain administrative rules it was required to
adopt in order to implement such a system. The Kent City Council adopted a six-
month moratorium prohibiting recreational marijuana businesses from locating
within the city of Kent through passage of Ordinance No. 4094, which took effect on
November 27, 2013. That moratorium was further extended for another six months
through passage of Ordinance No. 4109. The recitals to these ordinances clearly
spell out the problems with allowing such businesses to operate within the city of
Kent: namely that any and all uses of marijuana, whether personally or as a
business venture, remain violations of the federal Controlled Substances Act
(“CSA”), 26 USC §§ 801 et seq., and the land use impacts of marijuana-based
business were too new for there to be enough reliable data upon which to base
reasonable land-use regulations.
1 This was modified on by passage of Engrossed Substitute House Bill 2034, which took
effect on June 12, 2014, to allow for the processing and sale of “marijuana concentrates” as
well, which refers to oils and other similar extracts.
MOTION:
Recommend to the City Council OPTION __ for recreational marijuana
production land uses by businesses validly-licensed by the Washington
State Liquor Control Board.
Recommend to the City Council OPTION __ for recreational marijuana
processing land uses by businesses validly-licensed by the Washington
State Liquor Control Board.
Recommend to the City Council OPTION __ for recreational marijuana
retail land uses by businesses validly-licensed by the Washington State
Liquor Control Board.
7
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 2
The federal government has not abdicated any of its authority to enforce the CSA,
but in a series of position statements, first regarding medical marijuana and then
regarding recreational marijuana, the US Department of Justice has issued
guidance memoranda to federal prosecutors on the use of prosecutorial discretion
in states where marijuana was first decriminalized then where it was affirmatively
legalized through voter initiative (such as I-502). The “Ogden Memo” and the “Cole
Memo”, dated October 19, 2009, and June 29, 2011, dealt solely with “medical”
marijuana. Deputy US Attorney James Cole has subsequently issued two
memoranda regarding “legal” marijuana, the first on August 29, 2013 and the
second on February 14, 2014, indicating that the federal government is not going
to make an affirmative effort to block I-502 at this time, so long as the State and
local jurisdictions implement a “robust system” that contains “strong and effective
regulatory and enforcement system” to control the legal marijuana market in line
with eight specifically-identified federal priorities. The city bears some responsibility
to see that this is carried out.
I-502 contained no mention of zoning, nor did it contemplate where marijuana
businesses should be located were they to receive a license from the LCB to
operate. In response to a request from LCB Chair Sharon Foster, the Washington
State Office of the Attorney General issued AGO 2014 No. 2, affirming that cities
such as Kent derive their power to regulate and zone for businesses within their
jurisdiction under the Washington State Constitution, not state statute, and while
the state legislature can restrict this power in certain instances, I-502 contained no
language that removed the preexisting authority of cities to adopt ordinances that
regulate businesses if the regulations promote public health, safety or welfare, and
bear a reasonable and substantial relation to those purposes. This is what is
typically referred to as the local “police power” of a city, and zoning falls squarely
within this category. While the police power must be exercised with this in mind,
the AG’s Opinion made it very clear that I-502 does not preempt a city from
completely banning licensed marijuana producers, processors or retailers within city
limits.
I-502 absolutely prohibits the Board from issuing a license for any marijuana-based
business that seeks to locate within a thousand feet of:
• Elementary or secondary schools
• Playgrounds
• Recreation centers or facilities
• Child care centers
• Public parks
• Public transit centers
• Libraries
• Game arcades (where admission is not restricted to people age 21 or older)
I-502 was codified mostly within Chapter 69.50 RCW. The LCB adopted
administrative rules that are housed within Chapter 314-55 WAC. Certain portions
of these statutes and rules deal with eligibility to apply for a license, certain
security requirements, reasons why the LCB may reject a license application or an
application renewal, or revoke an existing license. These laws and rules cover a lot
of requirements that have nothing to do with the proper zoning district for a given
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MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 3
type of marijuana-based business. Importantly, however, WAC 314-55-020(11)
states: “The issuance or approval of a license [by the LCB] shall not be construed
as a license for, or an approval of, any violations of local rules or ordinances
including, but not limited to: Building and fire codes, zoning ordinances, and
business licensing requirements.” (Emphasis added.)
The laws and rules that a marijuana-based business must follow in order to obtain
and maintain a license from the LCB are numerous and detailed, and have been
provided to you and discussed at previous workshops. The Land Use and Planning
Board’s role is not to dissect or critique these requirements, though it is important
that you, as Board members, understand them; nor is it the Board’s role to decide
whether personal use of marijuana is ethically or morally proper or whether such
uses should be allowed in the city of Kent as a larger policy decision. The Kent City
Council seeks a recommendation from the Board, having gone through the potential
and reasonably foreseeable impacts of recreational marijuana business and having
examined the goals and policies of the city’s different land use zoning districts, as
to where, if at all, such business should be located if the City Council chooses to
allow such businesses to operate in the city of Kent.
It is important to remember that identifying and recommending a particular zone
for a particular use is no guarantee that any such business will ever actually open
there. Landlords, in particular, may be wary of renting space to a marijuana-based
business, even one holding a valid license from the LCB, because that property
would then be subject to forfeiture by the federal government under the CSA. The
policy memoranda issued by James Cole are just that – policy statements – and
they are subject to change or revocation with little or no advance warning.
Likewise, any lawful business permitted in a particular zone may be shut down if it
is operated in a manner that constitutes a nuisance. This would be no different for
a validly-licensed marijuana retailer than it would for a validly-licensed liquor store.
Finally, any vote of the Board will have no bearing on personal consumption of
marijuana within the city of Kent, whether legally-obtained or not. Such personal
use is beyond the scope of the Board’s action regarding this matter.
The land use impacts associated with state licensed production, processing and
retail sale of marijuana have not been definitively established, but do have potential
impacts that need to be taken into consideration. Here is a recap of potential
impacts of recreation marijuana production, processing, and retail facilities that
have been discussed at the workshops:
1) Odors. Marijuana production and processing may create odors that can
be detectable to the surrounding area, whether it be a tenant space next
door, or an adjacent property or sidewalk.
2) Safety. Some safety concerns may be warranted, since processors start
with raw materials and use solvents, chemicals, gases, and other
compounds to extract oils and create and process marijuana infused
products.
9
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 4
3) Crime. It is unknown at this time how these retail facilities may impact
crime rates; however, despite recent federal financial guidance, marijuana
retail shops are likely to remain cash-only businesses for the foreseeable
future, and will contain easily-transportable products that will be in high
demand. There is an obvious concern that this combination may invite
more crime at these locations.
Kent Police has prepared crime rate maps that show where the
concentration of crime in Kent has occurred in the past year; specifically
vehicle prowls, vehicle theft, recovery of stolen vehicles, robberies, rapes,
residential burglaries, and commercial burglaries (see ATTACHMENT 2 for
maps)
4) Impacts to surrounding land uses. As noted above, the WSLCB has
through its rules passed this fall, prohibited marijuana uses from being
within 1000’ of the following uses (See ATTACHMENT 1 for map that
demonstrates these buffers in Kent):
-Elementary and secondary schools
-Playground
-Recreational center of facility-Child care center
-Public park
-Public transit center
-Library
-Game arcade (where admission is not restricted to persons age 21 or
older)
Neither I-502 nor the rules adopted by the WSLCB address the proper
location within a city for state licensed production, processing or retail
sales facilities, other than these buffer restrictions.
Through State Environmental Policy Act (SEPA), the proposed amendment options
were determined not to have a significant, adverse environmental impact, and a
Determination of Nonsignificance was issued on June 6, 2014. Please see attached
SEPA checklist, decision document, and Determination of Nonsignificance (see
ATTACHMENTS 3, 4, and 5).
With all that in mind, staff has prepared certain options and staff recommendations
as set forth herein. It is also anticipated that definitions for recreational marijuana
production, processing, and retail will be adopted into the zoning code by reference
to the applicable provisions of the RCW.
10
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 5
OPTIONS:
The City of Kent has the ability to determine the appropriate uses of land through
its zoning authority, including the ability to ban recreational marijuana uses. Each
recreational marijuana use (production, processing, and retail) can be considered
and zoned for separately. Should the decision be to allow recreational marijuana
facilities, several options have been prepared by staff, along with preliminary staff
recommendations. These options address the three types of marijuana business
use (i.e., production, processing, and retail) separately and are outlined below:
Production:
WAC 314-55-075: “A marijuana producer license allows the licensee to produce
marijuana for sale at wholesale to marijuana processor licensees and to other
marijuana producer licensees. Marijuana production must take place within a fully
enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.
Outdoor production may take place in nonrigid greenhouses, other structures, or an
expanse of open or cleared ground fully enclosed by a physical barrier. To obscure
public view of the premises, outdoor production must be enclosed by a sight
obscure wall or fence at least eight feet high. Outdoor producers must meet
security requirements described in WAC 314-55-083.
Option A: do not allow marijuana production in any zoning district
Option B: allow marijuana production only in M3 General Industrial District
Kent City Code 15.03.010: “The purpose of the M3 district is to
provide areas suitable for the broadest range of industrial activities,
and to specify those industrial activities having unusual or potentially
deleterious operational characteristics, where special attention must be
paid to location and site development ...”
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MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 6
12
MEMORANDUM:
Land Use and Planning Board Hearing
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Page 7
Option C: allow marijuana production in the same zoning districts as an
existing use in the zoning code: “Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics”: CM-1, CM-2,
M1, M1-C, M2, M3, GWC
13
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 8
Option D: allow marijuana production in the similar zoning districts as an
existing agricultural use in the zoning code: “Agricultural uses such as
planting and harvesting of crops, animal husbandry (including wholesale
nurseries and greenhouses)”: A-10, AG, MA (exclude SR-1 from this use)
14
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 9
Processing:
WAC 314-55-077: “A marijuana processor license allows the licensee to process,
package, and label usable marijuana and marijuana-infused products for sale at
wholesale to marijuana retailers.”
Option A: do not allow marijuana processing in any zoning district
Option B: allow marijuana processing only in M3 General Industrial District
Kent City Code 15.03.010 definition of M3: “The purpose of the M3
district is to provide areas suitable for the broadest range of industrial
activities, and to specify those industrial activities having unusual or
potentially deleterious operational characteristics, where special
attention must be paid to location and site development...”
15
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 10
Option C: allow marijuana processing in the same zoning districts as an
existing use in the zoning code: “Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics”: CM-1, CM-2,
M1, M1-C, M2, M3, GWC
16
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 11
Retail:
WAC 314-55-079: “A marijuana retailer license allows the licensee to sell only
usable marijuana, marijuana-infused products, and marijuana paraphernalia at
retail in retail outlets to persons twenty-one years of age and older.”
Option A: do not allow marijuana retail sales in any zoning district
Option B: allow marijuana retail sales only in GWC (Gateway Commercial)
zoning district:
Kent City Code 15.03.010 definition of GWC: “It is the purpose of the
gateway commercial district to provide retail commercial uses
appropriate along major vehicular corridors while encouraging
appropriate and unified development among the properties within the
district. It is designed to create unique, unified, and recognizable
streetscapes while ensuring land use compatibility and the exclusion of
inappropriate uses. It is also intended to promote flexibility in
appropriate areas of site design and to encourage mixed use
developments. The gateway commercial district recognizes the
significance of the automobile while simultaneously minimizing its
dominance in commercially developed areas and avoiding unsightly
highway strip commercial development. The gateway commercial
development standards promote land uses which minimize physical
and visual impacts normally associated with highway commercial
developments. Landscaping, parking, and sign standards have all been
enhanced as compared to the current commercial and industrial zoning
districts. These standards will promote a viable, unique, and
recognizable commercial area along East Valley Highway. Moreover,
the gateway commercial district will encourage the development of
commercial uses capable of benefiting and ensuring the long-term
enhancement of properties throughout the study area.”
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MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 12
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MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 13
Option C: allow marijuana retail sales only in CM-2 (Commercial
Manufacturing 2) zoning district:
Kent City Code 15.03.010 definition of CM-2: “It is the purpose of the
CM-2 district to provide locations for those types of developments
which combine some characteristics of both retail establishments and
small-scale, light industrial operations, heavy commercial and
wholesale uses, and specialty manufacturing.”
19
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 14
Option D: allow marijuana retail sales only in the M1-C (Industrial Park/
Commercial) zoning district (definition of this zone is part of the M1
definition):
Kent City Code 15.03.010 definition of M1, M1-C: “The purpose of the
M-1 district is to provide an environment exclusively for and conducive
to the development and protection of a broad range of industrial,
office, and business park activities, including modern, large-scale
administrative facilities, research institutions, and specialized
manufacturing organizations, all of a non-nuisance type, as designated
in the comprehensive plan. This district is intended to provide areas
for those industrial activities that desire to conduct business in an
atmosphere of prestige location in which environmental amenities are
protected through a high level of development standards. It is also
the purpose of this zone to allow certain limited commercial land uses
that provide necessary personal and business services for the general
industrial area. Such uses are allowed in the M1 district, through the
application of the “C” suffix, at centralized, nodal locations where
major arterials intersect.”
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Land Use and Planning Board Hearing
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Land Use and Planning Board Hearing
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Page 16
Option E: allow marijuana retail sales in the same zoning districts as an
existing use in the zoning code: “liquor store”: NCC, CC, DC, DCE, MTC-1,
MTC-2, MCR, CM-2, GC, M1-C, GWC
22
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 17
Other restrictions to consider:
a) “Marijuana producers, processors, and retailers shall not operate as
accessory to a primary use or as a home occupation.”
b) “All activities shall occur within an enclosed structure and shall be
designed, located, constructed, and buffered to blend in with its surrounding
and mitigate significant adverse impacts on adjoining properties and the
community, and special attention shall be given to minimizing odor, noise,
light, glare, and traffic impacts. Marijuana uses shall be designed to include
controls and features to prevent odors from travelling off-site and being
detected from a public right-of-way, or other properties or uses.”
STAFF RECOMMENDATIONS:
If the Land Use and Planning Board decides to recommend to the City Council that
marijuana land uses be permitted within the City of Kent, staff recommends the
following zoning options for marijuana production, processing, and retail:
Production: Option B: allow marijuana production only in M3 General Industrial
District.
The M3 zone is designed for industrial activities that have unusual or potentially
deleterious operational characteristics. Potential adverse impacts of marijuana
production are not specifically known at this time, because production facilities
under I-502 have not yet been permitted. In addition, production and processing
facilities may be located together to benefit from the tax break offered by the
WSLCB for facilities that both produce and process marijuana; the M3 zoning
district is best suited for the marijuana processing, as discussed below.
Processing: Option B: allow marijuana processing only in M3 General Industrial
District.
The M3 zone is designed for industrial activities that have unusual or potentially
deleterious operational characteristics. Potential adverse impacts of marijuana
production are not specifically known at this time, because production facilities
under I-502 have not yet been permitted. Some safety concerns may be
warranted, since processors start with raw materials and use solvents, chemicals,
gases, and other compounds to extract oils and create and process marijuana
infused products. It is also recommended that the same zoning district be selected
for both production and processing.
Retail: Option B: allow marijuana retail sales only in GWC Gateway Commercial
District.
It is unknown at this time how these retail facilities may impact crime rates;
however, marijuana retail shops will be cash-only businesses, which may invite
23
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 18
more crime. The GWC zone is a viable commercial area that is generally not within
a high crime concentration area.
In addition, this zone is not located within close proximity to a large number of
residentially zoned areas. For example, there are 134 residential units adjacent to
the GWC zone, and approximately 752 residential units on properties zoned
residential immediately adjacent to the CM-2 zoning district. The intent of this
option is to not overburden the Kent Police Department by locating these facilities
in areas with historically high crime rates and to protect residential areas from
potentially adverse impacts. Additionally, the buffer restrictions imposed by the
Washington State Liquor Control Board limit commercially zoned areas where
marijuana retail uses might exist. The GWC zone is not heavily impacted by these
buffer restrictions.
24
MEMORANDUM:
Land Use and Planning Board Hearing
June 23, 2014
Page 19
Staff also recommends including the following restrictions, if the decision is the
allow marijuana uses in the City of Kent:
a) “Marijuana producers, processors, and retailers shall not operate as
accessory to a primary use or as a home occupation.”
This restriction would prohibit operations from circumventing the zoning
districts in which these uses may be allowed by preventing them from being
a part of another use or operating out of a home, as a home occupation. This
additional language has been proposed in other jurisdictions as well.
b) “All activities shall occur within an enclosed structure and shall be designed,
located, constructed, and buffered to blend in with its surrounding and
mitigate significant adverse impacts on adjoining properties and the
community, and special attention shall be given to minimizing odor, noise,
light, glare, and traffic impacts. Marijuana uses shall be designed to include
controls and features to prevent odors from travelling off-site and being
detected from a public right-of-way, or other properties or uses.”
Marijuana production and processing may create odor impacts to the
surrounding area. “The pungent odor from marijuana cultivation operations
is objectionable to many people. Offensive odors can easily migrate in and
around the marijuana cultivation site and some strains produce odors that
are detectable in the surrounding neighborhood as well as adjacent tenants”
(Best Management Practices: Commercial Medical Marijuana Cultivation, City
of Denver, April 2011). Indoor facilities may be more equipped to properly
vent odors, as well as address security concerns. Similar additional language
has been proposed in other jurisdictions as well. Puget Sound Clean Air
Agency has also indicated that marijuana producers will be required to obtain
permits from their agency to address odor and is in the process of
researching odor impacts for marijuana production facilities.
Staff will be available at the public hearing to answer questions.
KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-2 Marijuana\LUPB\Hearing6-23-14\06-23-14_LUPB_HearingMemo.doc
Enc: Attach 1-Kent Buffers Map
Attach 2-Kent Crime Hot Spot Maps
Attach 3-SEPA checklist
Attach 4-SEPA decision document
Attach 5-SEPA Determination of Nonsignificance
cc: Ben Wolters, Economic and Community Development Director
Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
David Galazin, Assistant City Attorney
Project File ZCA-2014-2
25
LAND USE & PLANNING BOARD
MINUTES
JUNE 23, 2014
Land Use & Planning Board Members: Chair Jack Ottini, Vice Chair Barbara Phillips,
Frank Cornelius, Navdeep Gill, Alan Gray (absent/excused), Katherine Jones, and Randall
Smith. Ottini called the meeting to order at 7:00 pm.
City Staff: Planning Director Fred Satterstrom; Planner Katie Graves, Assistant City
Attorney David Galazin
3. Approval of Minutes
Board member Smith Moved and Board member Phillips Seconded a Motion to
Approve the May 27, 2014 Minutes. Motion CARRIED 6-0.
4. Added Items None
5. Communications Satterstrom stated that there are some further communications
related to the public hearing topic that will be introduced later.
6. Notice of Upcoming Meetings None
7. Public Hearing
ZCA-2014-2 Recreational Marijuana Zoning
Assistant City Attorney David Galazin handed the Board Members the latest version of the
administrative rules adopted by the Liquor Control Board (LCB) and the LCB Notices of
Emergency Rules. With passage of Initiative-502 the LCB approved the creation of a
legalized marijuana production, processing and retailing structure within the state of
Washington. This structure remains illegal under Federal Law as a Schedule One controlled
substance.
Galazin spoke about how Initiative-502 influences how Kent is allowed to provide for the
local zoning and licensing for all types of businesses. An opinion from the Washington State
Washington Attorney General confirmed that the authority of cities to provide for the local
zoning and licensing for all types of businesses is inherent by virtue of the state
constitution, as well as state statute. A special notice issued on June 12th by the Washington
State Department of Revenue explained how the State will tax marijuana production. I-502
imposes an excise tax of 25% at each level of production, processing and retail sales with
none of those revenues going to the City of Kent.
Galazin recommended that the Board consider the various impacts to surrounding land uses
associated with recreational marijuana production, processing and retail sales, and to
identify the appropriate zoning districts within the city for any of those uses. Potential
impacts include odors generated from marijuana production and processing that can be
detectable from surrounding areas - whether it is the tenant space next door, adjacent
properties or adjacent sidewalks. Some safety concerns may be warranted, since processors
start with raw materials, and use solvents, chemicals, gases and other compounds to
extract oils and create and process marijuana infused products. Crime is a third item to
consider with Galazin referencing crime rate maps provided as part of the presentation.
The LCB passed rules prohibiting marijuana uses from locating within 1000 feet of the
elementary and secondary schools, playgrounds, recreational centers, childcare centers,
public parks, public transit centers, libraries, and certain game arcades. Those buffer areas
are subject to change depending on where and when certain facilities open up.
27
LUPB Minutes
June 23, 2014
Page 2 of 4
Planner Katie Graves described: ‘marijuana production’ presenting four zoning options
defined as Options: A, B, C and D; ‘marijuana processing’ presenting three zoning options
defined as Options A, B and C; and ‘marijuana retail’ presenting five zoning options defined
as Options A, B, C, D, and E.
Additional options proposed by staff includes: limiting how marijuana producers, processors
and retailers operate; not allowing these uses to operate as an accessory to a primary use
or as a home occupation; requiring all activities to occur indoors, mitigating for significant
adverse impacts and requiring that marijuana uses be designed to include features that
prevent odors from impacting other uses.
Graves stated that indoor facilities may be more equipped to properly vent odors as well as
address security concerns. Marijuana production and processing may create odor impacts to
the surrounding area. Staff is recommending adoption of the following language: “Marijuana
producers, processors, and retailers shall not operate as accessory to a primary use or as a
home occupation. All activities shall occur within an enclosed structure and shall be
designed, located, constructed, and buffered to blend in with its surroundings and mitigate
significant adverse impacts on adjoining properties and the community, and special
attention shall be given to minimize odor, noise, light, glare, and traffic impacts. Marijuana
uses shall be designed to include controls and features to prevent odors from traveling off
site and being detected from a public right-of-way, or other properties or uses.”
Graves stated that should the Board recommend allowing marijuana uses in Kent, staff
recommends Option B to allow marijuana production only within the M-3 General Industrial
District, as the M-3 zone is designed for industrial activity that have unusual or potentially
negative or harmful operational characteristics. Staff recommends Option B for both the
production and processing of marijuana as those two processes can be located together to
benefit from tax breaks.
Staff recommends Option B to allow retail sales only in the GWC (Gateway Commercial)
zoning district, as this zone is not heavily impacted by those 1000 foot buffer restrictions
imposed by the LCB, and the GWC district is generally not an area with higher crime rates,
nor is the GWC located in close proximity to residential zoning districts.
Galazin reported on a bill passed by Legislation on June 12th that dealt with the production
of marijuana concentrates. Marijuana concentrates are developed through an extraction
process to produce the kind of oils that may be used the same way as the E-cigarette
vaporizer pens. The processes involved to extract those oils could be potentially dangerous
and staff does not yet know what the impacts will be from that process. The law now allows
marijuana processors to produce this type of product and sell it.
Galazin spoke about the law and rules governing the issuance or approval process
associated with licensing of marijuana production, processing and retail facilities, as
controlled by the LCB.
Galazin addressed questions raised by the Board with respect to LCB, Federal, State and
local jurisdictional authorities, rules, regulations, tax revenues, and the technicalities
associated with licensing of recreational marijuana facilities. Galazin cited the rules Section
314-55-104 that speaks to the marijuana processor license extraction requirements.
Graves submitted for the record, an email received from Grant Girdner, dated June 23,
2014 and defined as Exhibit #3, commenting in support of marijuana production, processing
and retail sales citing specific zones he would favor for those uses.
28
LUPB Minutes
June 23, 2014
Page 3 of 4
Ottini MOVED and Smith SECONDED a Motion to accept an email submitted for the
record from Grant Girdner into the record. Motion PASSED 6-0.
Ottini MOVED and Jones SECONDED a Motion to Open the Public Hearing
whereupon Ottini declared the public hearing open.
Paul Nickelson, 1217 E Walnut, spoke in favor of supporting the recreational marijuana
processing, production and retail entities in Kent; recommending that the Production Option
B and C be combined. He encouraged the Board to allow for more flexibility for both the
distribution and retail aspects of the businesses.
Jeff Piecewicz, 14100 SE 282nd St, spoke in opposition to recreational marijuana and stated
that he supports a total ban on marijuana franchising based on business liability, economic
development and social degradation issues.
Kirsten Brown, 6123 S 242nd Place, Kent, WA spoke in opposition to recreational marijuana
facilities and favors banning marijuana production, processing or retail within Kent. She
spoke about research she conducted outlining the negative health and safety risks
associated with the use of marijuana.
Tyler Jones, 2826 103rd Pl NE, Bellevue, WA stated that he is the owner and applicant of the
Orchard View West, who has applied for a producer and processor license in Kent. He spoke
of his food manufacturing background comparing the marijuana industry as similar in
nature. Jones stated that he is proposing locating his facility in the M-2 zoning district,
urging the Board to expand the zoning district beyond the M-3 zone. Jones stated that if the
facility is sited in Kent, the business will be conducted professionally and responsibly.
Donna Payne, PO Box 196, Auburn, WA stated that she lives on West Hill near Pacific
Highway in one of the highest crime areas in town. She spoke in support of speakers two
and three, stating that she is vehemently opposed to the use of marijuana and believes that
Kent needs to take a stand against allowing these facilities in Kent.
Gary D Jones, 12515 Bel Red Road, Bellevue, WA stated that he is advocating on behalf of
the applicant to receive their production-processor license in Kent. He urged the Board to
expand zoning to include the M-2 zoning district for production and processing of
recreational marijuana.
Jim Schack, 24615 142nd Ave SE, Kent, WA spoke in opposition to allowing Recreational
Marijuana Facilities in Kent asking the Board to take a stand and vote for Option A to not
permit marijuana use in Kent.
Seeing no further speakers, Ottini MOVED and Phillips SECONDED a Motion to close
the Public Hearing. Motion PASSED 6-0.
Board Members Cornelius, Ottini, Smith, Phillips, Gill, and Jones expressed opinions on why
they oppose recreational marijuana production, processing or retail facilities in Kent.
Upon concluding deliberations, Cornelius MOVED and Phillips SECONDED a Motion to
recommend to the City Council Option A for Recreational Marijuana Retail and Uses
by Businesses Validly-Licensed by the Washington State Liquor Control Board to
not allow marijuana retail sales in any zoning district. All members voted in favor.
Motion PASSED 6-0.
Jones MOVED and Gill SECONDED A Motion to recommend to the City Council
Option B for recreational marijuana processing land uses by Businesses validly-
licensed by the Washington State Liquor Control Board to allow marijuana
29
LUPB Minutes
June 23, 2014
Page 4 of 4
processing only in the M3 General Industrial District. MOTION FAILED 3-3 with
Ottini, Phillips, and Cornelius voting in opposition, and Gill, Jones, and Smith
voting in favor of the Motion.
Galazin recommended the Board make a motion to reconsider; whereupon Cornelius
MOVED and Board Member Phillips SECONDED a Motion to Reconsider. MOTION
PASSED 6-0.
Ottini MOVED and Phillips SECONDED a Motion to recommend to the City Council
Option B For recreational marijuana processing land uses by businesses validly-
licensed by the Washington State Liquor Control Board Only in the M-3 General
Industrial District. MOTION FAILED 4-2 with Ottini, Phillips, Cornelius and Smith
voting in opposition, and Gill and Jones voting in favor of the Motion.
Cornelius MOVED and Phillips SECONDED a Motion to recommend to the City
Council Option A for recreational marijuana production land uses by businesses
validly-licensed by the Washington State Liquor Control Board to not allow
marijuana production in any Zoning District. MOTION PASSED 4-2 With Ottini,
Phillips, Cornelius, and Smith voting in favor, and Gill and Jones voting in
opposition to the Motion.
Satterstrom stated that the Land Use and Planning Board will hold a workshop on July 14thto
consider the Riverbend Amendments. The Recreational Marijuana issue will tentatively go to
City Council Workshop on July 15th.
Adjournment
Seeing no further business to come before the Board, Ottini MOVED and Gill SECONDED
a Motion to Close the Public Meeting. Motion PASSED.
Meeting was adjourned at 9:05 pm.
________________________________________________
Charlene Anderson, AICP, Planning Manager/Board Secretary
30
Figure 1. Status of Marijuana Regulations in Neighboring Cities (8/2014)
Jurisdiction Moratorium in
effect
Regulations Allow
Production&
Processing
Regulations
Allow Retail
Sales
Regulations
Do Not Allow
Recreational
Marijuana
Auburn √
Covington √ √
Des Moines √ √
Federal Way √
Renton √ √
Sea Tac √
Tukwila √ √
King County √ √
Attachment B
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending the Kent City
Zoning Code to clarify that marijuana-based land
uses are prohibited in all zoning districts in the city
of Kent; and terminating the moratorium enacted
pursuant to Ordinance No. 4109.
RECITALS
A. On November 6, 2012, the voters of Washington approved Initiative
502. I-502, which amended Ch. 69.50 RCW, provides that the state
licensed production, processing and retail sale of marijuana does not
constitute a crime under state law. I-502 required the state Liquor
Control Board (“LCB”) to develop rules for the implementation of the
licensing provisions of I-502.
B. While the state licensed production, processing and retail sale of
marijuana does not constitute a crime under state law, the production,
processing, distribution and possession of marijuana continues to be a
violation of the federal Controlled Substances Act (“CSA”). Marijuana
remains a Schedule I controlled substance under both state and federal
law. The Kent Police Department partners with the federal Drug
Enforcement Agency to investigate federal drug crimes, including crimes
1 Marijuana Producer, Processor, Retailer
Amend KCC 15.08
related to the manufacture, distribution and possession of marijuana,
which occur within the City and the surrounding community.
C. The Department of Justice (“DOJ”) issued a memorandum to its
attorneys on August 29, 2013, indicating that enforcement of marijuana
related regulations in states whose voters had legalized production,
processing and sale of marijuana, such as Washington, should primarily
rest with state and local law enforcement agencies. The DOJ specifically
noted, however, that no state or local law provides a legal defense to civil
or criminal violations of the federal CSA, and that no guidance in the
memorandum limited the DOJ’s authority to enforce federal laws related to
marijuana, “regardless of state law.” The DOJ memorandum also left open
the possibility that the federal government may bring a legal challenge to a
state regulatory structure such as the one established by I-502.
D. The DOJ issued a supplemental memorandum on February 14,
2014, regarding marijuana related financial crimes, in which it reiterated
the same warning about the DOJ’s authority to enforce federal law. The
DOJ further stated that marijuana-related businesses and entities that
“facilitate” such businesses are in no way shielded from federal
prosecution under the federal CSA and federal money-laundering statutes.
E. 21 U.S.C. Section 856(a)(1) also states that it shall be unlawful
under federal law for any person or entity to “knowingly open, lease, rent,
use, or maintain any place, whether permanently or temporarily, for the
purpose of manufacturing, distributing, or using any controlled substance.”
F. In 2005, in Gonzales v. Raich, 545 U.S. 1 (2005), the United States
Supreme Court determined that the intrastate regulation of marijuana is a
valid exercise of the power of Congress and that in the event of a conflict
between a state law that permits marijuana production, processing,
2 Marijuana Producer, Processor, Retailer
Amend KCC 15.08
distribution and possession and the federal CSA, the federal CSA will be
deemed supreme.
G. Pursuant to article XI, section 11 of the Washington Constitution,
Kent has specific authority to determine the appropriate uses of land
through its zoning authority, provided such regulations are “not in conflict
with general laws.” On January 16, 2014, the state Office of the Attorney
General issued a formal Opinion stating that nothing in I-502 preempted
local control over land use issues such as zoning, that such ordinances are
not in conflict with general laws, and confirming the city’s power to impose
land use and business licensing requirements, regardless of whether they
pertain to activity licensed by the LCB pursuant to I-502 or not. In
addition, the LCB rules themselves provide that the issuance of a state
license will not be construed as a license for, or an approval of, any
violations of local rules or ordinances including, but not limited to, building
and fire codes, zoning ordinances, and business licensing requirements.
H. Neither I-502 nor the rules adopted by the LCB address the proper
location within a city of state licensed production, processing or retail sales
facilities, other than a one thousand foot buffer from elementary schools,
secondary schools, playgrounds, recreation centers, child care centers,
public parks, public transit centers, libraries, and certain game arcades.
I. WAC 365-196-725 mandates that comprehensive plans and
development regulations adopted by the City pursuant to Chapter 36.70A
RCW, the Growth Management Act, comply with the supremacy principle of
Article VI, United States Constitution. Any statute or ordinance in direct
conflict with federal law is potentially subject to federal preemption and
void as a matter of law.
3 Marijuana Producer, Processor, Retailer
Amend KCC 15.08
J. The production, processing, and retail sale or marijuana, which
remains illegal under federal law, has only recently become a permitted
activity under Washington state law. Colorado is the only other state that
has legalized the production, processing and retail sale of marijuana. In
Washington, only a handful of marijuana retailers have received licenses
from the LCB to operate. Thus, the land use impacts associated with state
licensed production, processing and retail sale of marijuana have not been
definitively established; however, in states where medical marijuana
facilities have existed for a number of years, such as California, negative
secondary land use impacts have been associated with marijuana
businesses, as documented in studies such as the 2009 White Paper on
Marijuana Dispensaries issued by the California Police Chiefs Association’s
Task Force on Marijuana Dispensaries.
K. On June 2, 2014, notice was sent to the Washington State
Department of Commerce requesting expedited review. On June 17, 2014,
the city was granted expedited review and was informed that it had met
the Growth Management Act notice requirements under RCW 36.70A.106.
L. The City’s State Environmental Policy Act (SEPA) Responsible Official
issued a Determination of Nonsignificance on June 6, 2014.
M. The Land Use & Planning Board (LUPB) discussed and evaluated
zoning options at two workshop meetings, and then held a public hearing
and considered this matter at its meeting on June 23, 2014. The LUPB
recommended that no recreational marijuana land uses be allowed in any
zoning district. The LUPB recommendation was considered and endorsed
by the City Council Economic & Community Development Committee
(ECDC) at its September 8, 2014 meeting. The matter was subsequently
considered by the full City Council at its October 7, 2014 meeting.
4 Marijuana Producer, Processor, Retailer
Amend KCC 15.08
N. So long as the production, processing and retail sale of marijuana
remains illegal under the federal CSA, the City finds that there is no zoning
district within the City of Kent where marijuana-based businesses may
properly locate.
O. The City recognizes that the DOJ memoranda of August 29, 2013,
and February 14, 2014, are guidance documents pertaining to current use
of prosecutorial discretion only, and that such guidance is subject to
change without prior notice or process. The City finds that the
establishment of permissive zoning regulations pertaining to marijuana
businesses licensed by the LCB presents a real risk of increased federal
criminal enforcement of the CSA within the city of Kent should the DOJ
change its position.
P. The City further finds that so long as there is the possibility of
federal legal action challenging I-502 and its regulations, the
establishment of permissive zoning regulations pertaining to marijuana
businesses licensed by the LCB presents a real risk that otherwise
commercially-productive property may be tied up by businesses that are
unable to operate, thus reducing the economic vitality of the City.
Q. The City Council has determined that the passage of a permanent
zoning code amendment that shall prohibit, in all zoning districts of the
City, any land use that constitutes a violation of a state or federal law, will
serve the public health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
5 Marijuana Producer, Processor, Retailer
Amend KCC 15.08
SECTION 1. – New Section. Chapter 15.08 of the Kent City Code is
amended to add a new Section 15.08.500 to read as follows:
Sec. 15.08.500. Illegal uses prohibited - Marijuana producer,
processor, retailer.
A. No use that is illegal under, or contrary to any city, county, state or
federal law or statute shall be allowed in any zoning district within the city
unless otherwise specifically allowed for in the Kent City Code.
B. No person holding, or claiming to hold, a license from any state
regulatory agency to produce, process, sell or distribute marijuana or
marijuana-infused products, including but not limited to licenses issued
pursuant to Chapter 69.50 RCW and Chapter 314-55 WAC, shall operate,
maintain, cause or allow to exist any marijuana-based business in any
zoning district within the city. This prohibition is supplemental to, and in
no way limits the scope or effect of subsection (A) of this section.
SECTION 2. – Moratorium terminated. The moratorium adopted
pursuant to Ordinance No. 4109 shall terminate upon the date this
ordinance goes into effect in accordance with Section 5.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – 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; references to other local, state or federal laws,
6 Marijuana Producer, Processor, Retailer
Amend KCC 15.08
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 5. – Effective Date. This ordinance shall become effective
five (5) days after its publication. The city clerk is directed to publish a
summary of this ordinance at the earliest possible publication date.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\15.08 Marijuana Zoning.docx
7 Marijuana Producer, Processor, Retailer
Amend KCC 15.08
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Agenda Item: Other Business – 8B
TO: City Council
DATE: October 7, 2014
SUBJECT: New Alaska Mobile Home Park Rezone Ordinance (Quasi-Judicial) –
Adopt
SUMMARY: Council is considering adoption of an ordinance relating to zoning,
specifically the rezoning of three parcels totaling 2.82 acres from MHP, Mobile Home
Park, to MTC-1, Midway Transit Community-1. The property is located at 2703 South
240th Street. The properties are located within the Midway Subarea along the western
edge of Kent’s city limits; and the properties abut the City of Des Moines along the
entire western border. The subarea is bound to the north by Kent-Des Moines Road
(SR-516) and to the south by South 272nd Street. The Kent Hearing Examiner held a
Public Hearing on August 6, 2014, and issued Findings, Conclusions, and a
Recommendation for approval on August 13, 2014.
Before taking action, the City Attorney will make a brief presentation on the quasi-
judicial nature of this issue.
EXHIBITS: 1) Proposed Ordinance
2) Hearing Examiner Findings, Conclusions and Recommendation
3) Environmental Review Report-Decision Document
4) Staff Report
5) Mitigated Determination of Nonsignificance (MDNS)
RECOMMENDED BY: Hearing Examiner and Staff
BUDGET IMPACTS: None
MOTION: Adopt Ordinance No. _______, accepting the findings of the
Hearing Examiner and rezoning the property located at 2703 South 240th
Street.
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, relating to land use and
zoning, specifically the rezoning of three parcels
totaling approximately 2.82 acres located at 2703
South 240th Street, Kent, Washington, from MHP,
Mobile Home Park, to MTC-1, Midway Transit
Community-1. (New Alaska Mobile Home Park
Rezone #RZ-2014-1, KIVA #2140847.)
RECITALS
A. An application to rezone three parcels totaling approximately
2.82 acres from the current zoning of MHP, Mobile Home Park, to MTC-1,
Midway Transit Community-1, was filed on March 20, 2014, by Threasa
Lynn Melton, on behalf of AFG Holdings, LLC (New Alaska Mobile Home
Park Rezone, RZ-2014-1, KIVA #2140847).
B. On July 16, 2014, the City’s State Environmental Policy Act
(SEPA) Responsible Official issued a Mitigated Determination of
Nonsignificance (ENV-2014-11, RPSW-2140846) for the rezone proposal
with one condition requiring that a new relocation report/plan in
accordance with Kent City Code 12.05.320 and 12.05.330 be approved by
the City if in the future the mobile home park is proposed to be sold or
redeveloped for a use other than for mobile homes.
C. A public hearing on the rezone was held before the Hearing
Examiner on August 6, 2014. On August 13, 2014, the city of Kent
Hearing Examiner issued findings and conclusions that the New Alaska
1 New Alaska Mobile Home Park
Rezone
Ordinance
Mobile Home Park Rezone is consistent with the City’s comprehensive plan,
that the proposed rezone and any subsequent development would be
compatible with the existing neighborhood, the proposed rezone would not
unduly burden the transportation system, that circumstances have
changed substantially to warrant the proposed rezone, and that the
proposed rezone would not adversely affect public health, safety and
general welfare of the citizens of the city of Kent.
D. Based on these findings and conclusions, the Hearing
Examiner recommended approval of the New Alaska Mobile Home Park
Rezone.
E. On October 7, 2014, the City Council considered additional
testimony and documents, incorporated into the record herein by
reference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Hearing Examiner’s Findings and Conclusions
Adopted. The Hearing Examiner’s findings and conclusions pertaining to
the New Alaska Mobile Home Park Rezone issued on August 13, 2014, are
consistent with sections 15.09.050(A)(3) and 15.09.050(C) of the Kent
City Code. The findings of the hearing examiner are accepted, and the
Kent City Council adopts the Hearing Examiner’s recommendation for
approval of the New Alaska Mobile Home Park Rezone of three parcels
totaling approximately 2.82 acres from MHP, Mobile Home Park, to MTC-1,
Midway Transit Community-1.
2 New Alaska Mobile Home Park
Rezone
Ordinance
SECTION 2. – Rezone. The property located at 2703 South 240th
Street, Kent, Washington, consisting of King County Tax Parcel numbers
3603600330, 3603600450 and 3603600445, depicted on Exhibit “A,”
attached and incorporated by this reference, are rezoned as follows:
King County tax parcel numbers 3603600330,
36033600450 and 3603600445, located in Kent,
Washington, shall be rezoned from MHP, Mobile Home
Park, to MTC-1, Midway Transit Community-1.
The city of Kent zoning map shall be amended to reflect the rezone
granted above.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. – Severability. 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 5. – Effective Date. This ordinance shall take effect and
be in force five (5) days after its passage and publication, as provided by
law.
SUZETTE COOKE, MAYOR
3 New Alaska Mobile Home Park
Rezone
Ordinance
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\New Alaska Mobile Home Park Rezone.docx
4 New Alaska Mobile Home Park
Rezone
Ordinance
Exhibit A
Legal Descriptions
Parcel: 3603600330
Lots 1 through 24 and Lots 30 through 42, Block 5, Section 6, Interurban Heights Addition,
according to the Plat thereof recorded in Volume 17 of Plats, Page 88, records of King
County, Washington.
Parcel: 3603600450
Lots 27 through 29, Block 5, Section 6, Interurban Heights Addition, according to the Plat
thereof recorded in Volume 17 of Plats, Page 88, records of King County, Washington.
Parcel 3603600445
Lot 26, Block 5, Section 6, Interurban Heights Addition, according to the Plat thereof
recorded in Volume 17 of Plats, Page 88, records of King County Washington.
This page intentionally left blank.
•
KEN T
WASHINGTON
LAND USE HEARING EXAMINER
CITY OF KENT
In the Matter of the Application of )
Threasa Lynn Melton, )
On behalf of AFG Holdings, LLC )
Fora Rezone )
Lee Raaen
Hearing Examiner
No. RZ-2014-1
KIVA #RPP4 - 2140847
New Alaska Mobile Home Park
Rezone
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
SUMMARY OF DECISION
The Hearing Examiner recommends that the Applicant's request to rezone three
parcels totaling 2.82 acres from MHP, Mobile Home Park, to MTC-1, Midway Transit
Community-1 at 2703 South 240th Street and 24142 27th Avenue South be
APPROVED.
SUMMARY OF RECORD
Hearing Date_:
The Hearing Examiner held an open record hearing on the request on August 6,
2014.
Testimony:
The following individuals presented testimony under oath at the open record
hearing:
Sharon Clamp, City Principal Planner
Lee A. Michaelis, AICP, Applicant's Representative
Robert Thorpe, for Applicant
Exhibits:
The following exhibits were admitted into the record:
1. Staff Report, dated July 30, 2014
2. Distribution of Staff Report and Agenda with Declaration of Delivery, dated
July 30, 2014
3. Notice of Public Hearing; Affidavit of Posting, dated July 29, 2014; mailing
addresses; Notice of Public Hearing AD with Kent Reporter confirmation,
dated July 22, 2014
4. Distribution of Public Notice with Declaration of Delivery, dated July 25, 2014
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
New Alaska Home Mobile Home Park Rezone
No, RZ-2014-1, KIVA #RPP4-2140847
Page 1 of 7
5. MDNS with Certificate of Posting, dated July 16, 2014
6. Distribution of the Mitigated Determination of Nonsignificance (MDNS) and
Decision with Declaration of Delivery, dated July 16, 2014
7. City Environmental Review Report Decision Document, dated July 14, 2014
S. SEPA Environmental Checklist, dated May 15, 2014
9. Notice of Application with affidavit of posting, dated June 6, 2014
10. Distribution of Notice of Application with Declaration of Delivery, dated June
6, 2014
11. Notice of Application AD copy dated June 6, 2014, with Kent Reporter
confirmation, dated June 3, 2014
12. Notice of Completeness Letter, dated May 30, 2014
13. Letter from Katherin Johnson to Lee Michaelis, dated May 23, 2014
14. Letter from Lee Michaelis to Sharon Clamp, dated May 15, 2014
15. Notice of Incompleteness Letter, dated April 10, 2014
16. Zoning Map Amendment (Rezone) Application, received March 20, 2014
17. Description of Proposal, received May 15, 2014
18. Letter from Lynn Melton to Residents of New Alaska Mobile Home Park,
received May 15, 2014
19. Relocation Report & Plan, prepared by R.W. Thorpe & Associates, Inc.,
revised May 15, 2014
20. Applicant's Response to Standards and Criteria for granting a request
(Section 15.09.050(C)), prepared by R.W. Thorpe & Associates, Inc., revised
May 15, 2014
21. Policy Analysis Matrix, prepared by R.W. Thorpe & Associates, Inc., revised
May 2014
22. Legal Description, prepared by R.W. Thorpe & Associates, Inc., dated May
151 2014, and Vicinity Map, prepared by R.W. Thorpe & Associates, Inc.,
revised May 15, 2014
23. Small 8 1I2 x 11 Detailed Site Plan (SP 1.0) and Site Map (SP 2.0) and Large
Detailed Site Plan (SP 1.0) and Site Map (SP 2.0), revised May 15, 2014
24. Midway Sewer District - Certificate of Sewer Availability, signed January 3,
2014
25. Highline Water District - Certificate of Water Availability, signed January 8,
2014, with property and hydrant location map, and Test Report, printed
January 7, 2014
FINDINGS
1. Threasa Lynn Melton, on behalf of AFG Holdings, LLC (Applicant), requests a
rezone of three parcels totaling 2.82 acres from Mobile Home Park (MHP), to
Midway Transit Community-1 (MTC-1). The parcels are located at 2703
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
New Alaska Home Mobile Home Park Rezone
No. RZ-2014-1, KIVA #RPP4-2140847
Page 2 of 7
South 240th Street and 24142 27th Avenue South.' Exhibit 1, Staff Report,
pages 1 and 2; Exhibit 5; Exhibit 16; Exhibit 23.
2. The City of Kent (City) determined the rezone application to be complete on
May 30, 2014.2 On June 6, 2014, the City posted notice of the rezone
application, sent notice to public agencies and parties of record, and
published notice in the Kent Reporter. The City notified property owners
within 300 feet of the subject property of the application. The City mailed or
emailed notice of the open record hearing associated with the rezone request
to public agencies and all owners of property within 300 feet of the subject
property; published notice in the Kent Reporter; and posted notice on the
subject on July 25, 2014. Exhibit 1, Staff Report, page 6; Exhibit 3; Exhibit
4; Exhibit 9; Exhibit 10; Exhibit 11,
3. The City acted as lead agency and analyzed the environmental impact of the
proposed rezone as required by the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW.3 The City determined that with one condition the
proposal would not have a probable significant adverse impact on the
environment, and issued a Mitigated Determination of Non -Significance
(MDNS) on July 16, 2014. The condition requires the property owner to
submit for the City's Approval a new relocation plan/report in accordance
with Kent City Code (KCC) 12.0115.320 and 12.05,330. The City used the
optional Determination of Non -Significance (DNS) process under Washington
Administrative Code (WAC) 197-11-355. The SEPA comment period occurred
concurrently with the Notice of Application, and ended on June 6, 2014. The
MDNS was not appealed. Exhibit 1, Staff Report, page 5; Exhibit 5; Exhibit
6; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 11,
4. The subject parcels are part of 141 acres annexed to the City in 1961 under
Ordinance No. 1124. Parcel 3603600330 (2.53 acres) is located west of 28th
Avenue South, an unclassified street. This parcel contains a duplex, a single
family residence, and a mobile home park with nine mobile homes and 17
recreational vehicles. Parcel 3603600450 (9,600 square feet) is undeveloped
and adjacent to the south of the mobile home park. Parcel 360360445
(3,000 square feet) is also undeveloped and located adjacent to Parcel
3603600450 and bordered by South 242nd Street. Pacific Highway South
(SR-99) is located a block to the east. The parcels contain grass, shrubs,
1 The properties subject to the rezone request are identified by King County tax parcel numbers
3603600330, 3603600450 and 3603600445. Exhibit 1, Staff Report, page 2. A legal description of
the property is included with the Applicant's Rezone Application, Exhibit 22.
The City's Notice of Application states that the date of determination of completeness was May 27,
2014. The City's Notice of Completeness letter is dated May 30, 2014. Exhibit 9; Exhibit 12.
3 The City issued a Comprehensive Plan Review and Midway Subarea Planned Action Final
Environmental Impact Statement in 2011.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
New Alaska Home Mobile Home Park Rezone
No. RZ-2014-1, KIVA #RPP4-2140847
Page 3 of 7
and deciduous and evergreen trees. The area is generally flat with one
isolated area along the southwest corner containing a 43 percent slope. City
staff prepared an Environmental Review Report Decision Document, dated
July 14, 2014. No sensitive areas were identified. City Planner Sharon Clamp
testified that any future development affecting this slope would be reviewed
at the time of permit application. Exhibit 1 Staff Report, pages 4 and 5;
Exhibit 7; Exhibit 22; Testimony of Ms. Clamp.
5. The City Council approved a Comprehensive Plan Land Use Map amendment
on December 13, 2011. This Comprehensive Plan amendment adopted a
Midway Subarea Plan (MSP) (Ordinance 4009) changing the designation of
the proposed rezone area from Mobile Home Park (MHP) to Transit Oriented
Community (TOC). The overall goal of the MSP is to create a dense,
pedestrian -friendly, sustainable community that provides jobs, housing,
services, and public open space around nodes of high capacity mass transit,
while maintaining auto -oriented uses between the transit oriented nodes.
The MSP supports the future extension of Sound Transit Link Light Rail
service in the vicinity of the Pacific Highway South transportation corridor.
The MSP contains design review standards to ensure compatibility of any
redevelopment with adjacent multifamily uses to the west. City staff
identified MSP Land Use goal MLU-1 --- to increase employment opportunities
and housing choices in support of rapid light rain and mass transit options ---
as relevant to the proposal.4 Exhibit 1, Staff Report, page 7.
6. The City Council also approved an area -wide rezone on December 13, 2011
(Ordinance 4013) rezoning properties in the immediate area of the subject
site to Midway Transit Community (MTC-1). KCC 12.05.340 requires the
owner of a mobile home park to obtain City approval of a relocation plan
prior to the City's decision on a rezone request.-5 Therefore, the City did not
change the existing MHP zone of the three parcels in 2011. Properties to the
east are within the Kent City limits and zoned MTC-1. Parcel No.
3603600440, abutting the subject properties to the southeast, is also zoned
Mobile Home Park, but is not part of this rezone application. Properties to
4 R.W.Thorpe & Associates, Inc. prepared a compatibility matrix and identified the following Midway
Subarea Plan policies as relevant to the proposed rezone: Policies PLU-1.1 to 1.3, 1.6, 2.1, 3.1, 3.2;
MUD-1.1 to 1.8, 2.1 to 2.3; 3.1 to 3.5, 3.8; 4.1 to 4.4, MH-1.1, 1.3 to 1.5; MT-1.1, 2.2 to 2.4, 3.1 to
3.4, 4.1, 5.1, 5.2, PM&OS-1.2, 2.4; MI-1. 1, 1.3; MIC-1.2, 1.3. Exhibit 21.
5 KCC 12.05.340 provides: "No mobile home park owner may close a mobile home park, or obtain
final approval of a comprehensive plan or zoning redesignation until the mobile home park owner
obtains a certificate of completion from the housing and human services office. The manager of
housing and human services shall issue a certificate of completion only if satisfied that the owner has
complied with the provisions of an approved relocation report and plan, the eviction notice
requirements of RCW 59.20.080 and 59.21.030, the relocation assistance requirements of RCW
59.21.021 and any additional requirements imposed in connection with required city applications."
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
New Alaska Home Mobile Home Park Rezone
No. RZ-2014-1, KIVA #RPP4-2140847
Page 4 of 7
the north, south, and west are within the City of Des Moines. Highline
Community college is located to the north and zoned Institutional Campus (I-
Q. Commercial uses to the south are zoned Transit Community (T-C).
Multi -family developments to the west are zoned Multifamily Residential (RM-
2,400). Exhibit 1, Staff Report, pages 3 and 4; Exhibit 7.
7. The City has determined that this is a non -project rezone, which would not
generate additional transportation impacts. Sound Transit received funding
in 2008 to extend light rail from SeaTac Airport to South 272"d Street, the
southern boundary of the Midway Subarea. Any transportation impacts from
subsequent development would be mitigated through Transportation Impact
Fees, compliance with City roadway improvements construction standards,
and compliance with mitigation measures from the 2011 City Comprehensive
Plan Review and Midway Subarea Planned Action Final Environmental Impact
Statement. Exhibit 1, Staff Report, page 9.
8. City Housing and Human Services Manager Katherin Johnson issued a
Certificate of Completion of the Relocation Report and Plan for the New
Alaska Mobile Home Park on May 23, 2014. The Mobile Home Park owner is
required to submit a new relocation plan/report if the mobile home park is
sold or redeveloped. Robert Thorpe, President, R.W. Thorpe & Associates,
Inc.,6 testified that the Applicant had no plans to change the current mobile
home park use and no projects on the property are planned. Exhibit 5;
Exhibit 13; Exhibit 18; Exhibit 19; Testimony of Mr. Thorpe.
9. The Midway Sewer District issued a Certificate of Sewer Availability for Parcel
No. 3603600330, dated January 3, 2014., The Highline Water District issued
a Certificate of Water Availability for 2703 South 24th, dated January 8, 2014.
Exhibit 24; Exhibit 25.
10, Lee A. Michaelis, AICP, Applicant Representative, testified that the proposed
rezone would meet the City's rezone criteria. City Staff determined that the
proposed rezone would be consistent with the City Comprehensive Plan and
the City's rezone criteria and recommended approval of the rezone. Exhibit
20; Testimony of Lee A. Michaelis.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold an open record hearing on quasi-
judicial actions, including this rezone, and to issue a written recommendation for
final action to the City Council, pursuant to RCW 35A.63.170 and Kent City Code
Chapters 2.32, 12.01 and 15.09.
6 R. W. Thorpe & Associates, Inc., prepared the Applicant's Detailed Site Plan and Site Map. Exhibit 23.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
New Alaska Home Mobile Home Park Rezone
No. RZ-2014-1, KIVA #RPP4-2140847
Page 5 of 7
Criteria for Review
KCC 15.09.050.0 sets forth the standards and criteria the Hearing Examiner must
use to evaluate a request for a rezone. A request for a rezone shall only be granted
if:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity;
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated;
4. Circumstances have changed substantially since the establishment
of the current zoning district to warrant the proposed rezone; and
5. The proposed rezone will not adversely affect the health, safety and
general welfare of the citizens of the City of Kent.
The criteria for review adopted by the Kent City Council are designed to implement
the requirement of chapter 36.7013 RCW to enact the Growth Management Act. In
particular, RCW 36.7013.040 mandates that local jurisdictions review proposed
development to ensure consistency with City development regulations considering
the type of land use, the level of development, infrastructure, and the
characteristics of development. RCW 36.70B.040.
Conclusions Based on i=indinas
1. The proposed rezone is consistent with the Comprehensive Plan.
The proposed rezone from MHP to MTC-1 would permit development
consistent with the Midway Subarea Plan portion of the Comprehensive Plan
and consistent with the subject parcels Transit Oriented Community (TOC)
designation. Although no specific development has been proposed at this
time, the Midway Subarea Plan supports the future extension of Sound
Transit Link Light Rail service in the vicinity of the Pacific Highway South
transportation corridor. The proposed rezone would support development
consistent with Comprehensive Plan Land Use Goals allowing high -density
uses in support of rapid transit investments. Findings 1-10.
2. The proposed rezone and any subsequent development would be
compatible with the existing neighborhood. The subject parcels are
within the Midway Subarea Plan which supports the future extension of
Sound Transit Link Light Rail service in the vicinity of the Pacific Highway
South transportation corridor. Properties to the east within the Kent City
limits are already zoned MTC-1. The Midway Subarea Plan contains design
review standards to ensure compatibility of any redevelopment of the site
with the adjacent multifamily uses located to the west. Findings 3-10.
3. The proposed rezone would not unduly burden the transportation
system. The proposed non -project rezone itself would not generate
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
New Alaska Home Mobile Home Park Rezone
No. RZ-2014-1, KIVA #RPP4-2140847
Page 6 of 7
increased traffic. Traffic impacts from subsequent development would be
mitigated through Transportation Impact Fees, compliance with City roadway
improvements construction standards, and compliance with mitigation
measures from the 2011 City Comprehensive Plan Review and Midway
Subarea Planned Action Final Environmental Impact Statement. Findings 3,
7-10.
4. Circumstances have changed substantially to warrant the proposed
rezone. Washington state courts have held that proof of changed
circumstances are not required for a rezone if the proposed rezone and
associated development implement policies contained in the comprehensive
plan. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. I, 1995); Henderson
v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). On December 13,
2011, the City Council passed Ordinance No. 4009, which amended the City
Comprehensive Plan by adopting the Midway Subarea Plan. The City Council
also designated the subject properties and surrounding areas as Transit
Oriented Community (Ordinance 4012) and rezoned the properties in the
immediate area of the subject site to MTC-1 (Ordinance 4013). The rezone
would bring the property into line with the Transit Oriented Community
Comprehensive Plan designation. Findings 1-10.
S. The proposed rezone would not adversely affect public health, safety
and general welfare. The City gave reasonable notice of the rezone
application and the associated open record hearing. The City issued a
Comprehensive Plan Review and Midway Subarea Planned Action Final
Environmental Impact Statement in 2011. The City reviewed the Applicant's
Environmental Checklist for the proposed rezone and issued a Mitigated
Determination of Nonsignificance with one condition requiring a new/revised
mobile home park relocation plan/report if the mobile home park is sold or
redeveloped. City water and sanitary sewer services are available to the
parcels. The proposed rezone to MTC-1 would make these parcels consistent
with the Comprehensive Plan TOC designation for the area. Findings 1-10.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner
recommends that the Applicant's request to rezone three parcels totaling 2.82 acres
from MHP, Mobile Home Park, to MTC-1, Midway Transit Community-1 at 2703
South 240th Street and 24142 27th Avenue South be APPROVED.
DATED this 13th day of August 2014.
LEE AAEN
Heating Examiner
Sound Law Center
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
New Alaska Home Mobile Home Park Rezone
No. RZ-2014-1, KIVA #RPP4-2140847
Page 7 of 7
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
New Alaska Mobile Home Park Rezone
ENV-2014-11/ KIVA #RPSW-2140846
Responsible Official: Charlene Anderson, AICP Staff Contact: Sharon Clamp
I. PROPOSAL
The applicant is requesting a Zoning Map Amendment (Rezone) of three parcels
totaling 2.82 acres from MHP, Mobile Home Park, to MTC-1, Midway Transit
Community-1. No redevelopment of the mobile home park is proposed as part of
the rezone request.
The properties are located at 2703 South 240th Street and 24142 27th Avenue South
and are identified as King County parcel numbers 3603600330, 3603600450 and
3603600445.
II. BACKGROUND INFORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 3222), the
Washington State Growth Management Act (GMA), The Local Project Review
Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance
3944) and Concurrency Management (Chapter 12.11, Kent City Code) will
require concurrent improvements or the execution of binding agreements by
the Applicant/Owner with Kent to mitigate identified environmental impacts.
These improvements and/or agreements may include improvements to
roadways, intersections and intersection traffic signals, stormwater
detention, treatment and conveyance, utilities, sanitary sewerage and
domestic water systems. Compliance with Kent's Construction Standards
may require the deeding/dedication of right-of-way for identified
improvements. Compliance with Title 11.03 and 11.06 of the Kent City Code
may require the conveyance of Sensitive Area Tracts to the City of Kent in
order to preserve trees, regulate the location and density of development
based upon known physical constraints such as steep and/or unstable slopes
or proximity to lakes, or to maintain or enhance water quality. Compliance
with the provisions of Chapter 6.12 of the Kent City Code may require
provisions for mass transit adjacent to the site.
Decision Document
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In addition to the above, Kent follows revisions to the Washington State
Environmental Policy Act, Chapter 197-11 WAC (effective November 10,
1997), which implements ESHB 1724 and ESB 6094.
III. ENVIRONMENTAL ELEMENTS
A. Earth
The property is described as flat with an area along the southwest
corner of the property containing a 43 percent slope. There is no
grading associated with this rezone proposal. Any grading that is a
part of future development will be reviewed under a separate
application. Currently, approximately 29 percent of the combined
parcels are covered with impervious surfaces and will remain
unchanged with this rezone application.
B. Air
Air quality will not be impacted by this rezone application. Future
commercial use of the site may increase vehicle use of the site which
will be subject to additional environmental review prior to
redevelopment.
C. Water
There are no known surface water bodies on or in the immediate
vicinity of the site. The site is not located within shoreline jurisdiction
or the 100 year flood plain.
D. Plants
Existing vegetation consists of deciduous and evergreen trees, shrubs
and grass. No vegetation will be removed or altered as part of the
rezone application.
E. Animals
Blackbirds, crows, raccoons and squirrels have been observed in the
project area.
F. Energy and Natural Resources
Electricity and wood burning fireplaces are the current energy sources
used on the site. Energy sources will not be impacted by this rezone
application.
G. Environmental Health
There are no known environmental health hazards that could result as
part of this non-project rezone application.
H. Land and Shoreline Use
The subject site is developed as a mobile home park. All properties to
the north, south and west are located within the jurisdiction of the City
of Des Moines. Adjacent uses within the City of Des Moines include
Highline Community College to the north across South 240th Street,
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zoned I-C, Institutional Campus; commercial uses to the south zoned
T-C, Transit Community; and the multi-family developments adjacent
to the west zoned RM-2,400, Multifamily Residential. Commercial uses
located to the east within the Kent City limits are zoned MTC-1,
Midway Transit Community-1. The largest of the three subject
properties, parcel 3603600330, is 2.53 acres in size and contains a
duplex, a single family residence, nine mobile homes and 17
recreational vehicles. The two smaller properties, parcels 3603600450
and 3603600445, are 9,600 and 3,000 square feet in size and are
vacant and undeveloped.
Approximately 35 people live within the mobile home park. Approval
of the rezone will not immediately displace the current residents of the
property. Any future new development that may occur as a result of
rezone approval may displace all the current residents. Kent City Code
Section 12.05.340 states that a mobile home park owner may not
obtain final approval of a zoning redesignation until the mobile home
park owner obtains a certificate of completion of a relocation report
and plan from the City’s Housing and Human Services Office. This
plan was submitted to the City’s Housing and Human services office on
March 20, 2014, revised May 15, 2014, and a certificate of completion
was issued May 23, 2014 which acknowledges that there is no intent
to sell the property or change the use at this time, and the owner has
not issued eviction notices to the tenants. Documentation was
provided that demonstrated the residents have received notification of
the proposed rezone. With future development of the property, the
owner will be required to submit to the city for approval a new
relocation plan/report in accordance with Kent City Code Sections
12.05.320 and 12.05.330.
The current Comprehensive Plan designation of the property is TOC,
Transit Oriented Community. A rezone of the properties to MTC-1 will
be consistent with the Comprehensive Plan designation.
I. Housing
All existing housing units will remain after approval of the rezone until
such time that new development occurs. The type and number of
housing units, if any, which may result with a future redevelopment of
the property is unknown. The MTC-1 zone allows for multi-family
dwelling units and townhomes but does not allow detached single
family units.
J. Recreation
Highline Community College and Parkside Primary School are located
within one mile of the subject site and provide informal recreational
opportunities. The rezone application will not displace any existing
recreational uses.
K. Aesthetics, Noise, Light and Glare
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Page 4 of 5
As a non-project action, no impacts to aesthetic, noise, light and glare
will occur.
L. Historic and Cultural Preservation
There are no known landmarks or evidence of historic, archeological,
scientific or cultural importance known to be on or next to the site. If
archeological materials are discovered during any future site
development, the applicant must stop work and notify the State
Department of Archaeology and Historical Preservation.
M. Transportation
As a non-project action, the rezone application will have no effect on
the public transportation system.
N. Public Services
The proposal will not generate the need for increased public services
because no new development will occur as a part of the rezone
application.
O. Utilities
No changes to utilities will occur because no new development will
occur as part of the rezone application.
IV. SUMMARY AND RECOMMENDATION
A. Per WAC 197-11-660 and RCW 43.21C.060, the City of Kent may
establish conditions to mitigate any identified impacts associated with
this proposal. The following supporting documents serve as possible
bases for any conditions and mitigating measures:
1. City of Kent Comprehensive Plan, as prepared and adopted
pursuant to the State Growth Management Act.
2. The State Shoreline Management Act and the Kent Shoreline
Master Program.
3. Kent City Code Section 7.07, Surface Water and Drainage Code.
4. City of Kent Transportation Plan, Green River Valley
Transportation action plan and current Six-Year Transportation
Improvement Plan.
5. Kent City Code Section 7.09, Wastewater Facilities Plan.
6. City of Kent Comprehensive Water Plan and Conservation
Element.
7. Kent City Code Section 6.02, Required Public Improvements.
8. Kent City Code Section 6.07, Street Use Permit Requirements.
9. Kent City Code Section 14.09, Flood Hazard Protection.
10. Kent City Code Section 12.04, Subdivision Code.
11. Kent City Code Section 12.05, Mobile Home Parks and Section
12.06, Recreation Vehicle Parks.
12. Kent City Code Section 8.05, Noise Control.
13. City of Kent International Building and Fire Codes.
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14. Kent City Code Section 15, Kent Zoning Code.
15. Kent City Code Section 7.13, Water Shortage and Emergency
Regulations, and Water Conservation Ordinance 2227.
16. Kent City Code Section 6.03, Improvement Plan Approval and
Inspection Fees.
17. Kent City Code Section 7.05, Storm and Surface Water Drainage
Utility.
18. City of Kent Comprehensive Sewer Plan.
19. City of Kent Fire Master Plan.
20. City of Kent Section 11.06, Critical Areas.
B. It is recommended that a Mitigated Determination of Nonsignificance
(DNS) be issued for this project with the following condition:
1. If in the future the mobile home park is sold or redeveloped for
a use other than for mobile homes, the property owner shall
submit to the City of Kent for approval a new relocation
plan/report in accordance with Kent City Code Sections
12.05.320 and 12.05.330.
KENT PLANNING SERVICES
July 14, 2014
SC\al\S:\Permit\Plan\Env\2014\2140846decision.doc
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Fred Satterstrom, AICP, Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
KENT PLANNING SERVICES
(206) 856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
AUGUST 6, 2014
FILE NO: New Alaska Mobile Home Park Rezone
RZ-2014-1 KIVA#RPP4-2140847
APPLICANT: Threasa Lynn Melton
AFG Holdings, LLC
2703 S. 240th Street
Kent, WA 98032
tlmelton000@aol.com
AGENT: Lee A. Michaelis, AICP
R.W. Thorpe & Associates, Inc.
2737 78th Ave W., Suite 100
Mercer Island, WA 98032
lmichaelis@rwta.com
REQUEST: A request to rezone three parcels totaling 2.82
acres from MHP, Mobile Home Park, to MTC-1,
Midway Transit Community-1.
STAFF
REPRESENTATIVE: Sharon Clamp, Planner
STAFF
RECOMMENDATION: APPROVAL
Staff Report
New Alaska Mobile Home Park Rezone
RZ-2014-1, KIVA #RPP4-2140847
Page 2 of 10
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to rezone three parcels totaling 2.82 acres
from MHP, Mobile Home Park, to MTC-1, Midway Transit Community-1.
The proposed zoning designation is consistent with the City’s
Comprehensive Plan Land Use Plan Map designation of TOC, Transit
Oriented Community. No redevelopment of the mobile home park is
being proposed at this time.
B. Location
The properties are located at 2703 South 240th Street and are
identified by King County Tax Parcel numbers 3603600330,
3603600450 and 3603600445.
C. Midway Subarea
The properties are located within the Midway Subarea. The Midway
Subarea is located along the western edge of Kent’s city limits and
abuts the City of Des Moines along the entire western border. The
subarea is bound to the north by Kent-Des Moines Road (SR-516) and
to the south by South 272nd Street.
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RZ-2014-1, KIVA #RPP4-2140847
Page 3 of 10
C. Size of Property
The three parcels total 2.82 acres. There are no sensitive areas on the
site.
D. Comprehensive Plan/Midway Subarea Plan
On December 13, 2011 the Kent City Council approved an amendment
to the Kent Comprehensive Plan to adopt the Midway Subarea Plan
(Ordinance 4009). This plan supports the future extension of Sound
Transit Link Light Rail service in the vicinity of the Pacific Highway
South transportation corridor. The goals and policies of the Midway
Subarea Plan encourage the provision of jobs, housing, services and
public open space around nodes of high capacity mass transit while
maintaining auto oriented uses between the transit-oriented nodes. In
addition, the City of Kent Comprehensive Plan Land Use Map
designations were amended to implement the objectives of the Midway
Subarea Plan (Ordinance 4012) and designated the subject properties
and surrounding areas as TOC, Transit Oriented Community. Also on
December 13, 2011 the Kent City Council approved an amendment to
the zoning districts map designations within the Midway Subarea to
implement the objectives of the Midway Subarea Plan (Ordinance
4013). Properties in the immediate area of the subject site were
rezoned to MTC-1. No sites zoned Mobile Home Park (MHP) within the
Midway Subarea were affected by the area-wide rezones because Kent
City Code Section 12.05.340 requires the owner of a Mobile Home Park
to obtain City approval of a relocation plan prior to the City’s decision
on a rezone request.
Relocation Plan
With the rezone application, the applicant submitted a relocation
report/plan as required by Kent City Code. The relocation plan was
approved by the City on May 23, 2014. The approved relocation
report/plan acknowledges that there is no intent to sell the property or
change the use at this time, and the owner has not issued eviction
notices to the tenants. The report/plan included documentation that
demonstrated the residents have received notification of the proposed
rezone. The approval states that with future development of the
property, the owner will be required to submit to the City for approval
an updated relocation plan/report in accordance with Kent City Code
Sections 12.05.320 and 12.05.330.
Staff Report
New Alaska Mobile Home Park Rezone
RZ-2014-1, KIVA #RPP4-2140847
Page 4 of 10
Surrounding Zoning
The site is located at the western edge of the Kent city limits and
abuts the City of Des Moines to the north, south and west. Properties
located east of the site within the Kent City limits are zoned MTC-1,
Midway Transit Community-1. Properties to the north, south and west
of the site within the Des Moines city limits are zoned Institutional
Campus, Transit Community and Multifamily Residential.
A fourth parcel, #3603600440, abutting the subject properties to the
southeast and also zoned Mobile Home Park, is not a part of this
proposal. According to the applicant, the property owner of this parcel
was contacted twice in an attempt to include this parcel in the rezone
application but no response was received. The parcel is vacant land
and 3,000 square feet in size.
E. Land Use
Parcel 3603600330 is developed as a mobile home park. Parcels
3603600450 and 3603600445 are vacant and undeveloped.
F. History
The properties are part of 141 acres annexed to the City of Kent in
1961 under Ordinance No. 1124 and are comprised of Lots 1 through
Staff Report
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RZ-2014-1, KIVA #RPP4-2140847
Page 5 of 10
24 and Lots 26 through 42, Block 5, Section 6, Interurban Heights
Addition, recorded May 17, 1909.
On December 13, 2011 the Kent City Council approved an amendment
to the Comprehensive Plan Land Use Map changing the designation of
the proposed rezone area from MHP, Mobile Home Park, to TOC,
Transit Oriented Development. An area-wide rezone was also approved
by the Kent City Council on December 13, 2011; however, existing
Mobile Home Park zoning designations were not affected by the area-
wide rezone. The applicant seeks a change in zoning to be consistent
with the current Comprehensive Plan designation.
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Mitigated Determination of Nonsignificance (ENV-2014-11, RPSW-
2140846) for the rezone proposal was issued on July 16, 2014 with
one condition requiring a new relocation report/plan in accordance with
Kent City Code 12.05.320 and 12.05.330 be approved by the City if in
the future the mobile home park is proposed to be sold or redeveloped
for a use other than for mobile homes.
B. Significant Physical Features
Topography, Wetlands and Vegetation
No sensitive areas have been identified on the subject site. Vegetation
on the subject parcel consists of deciduous and evergreen trees,
shrubs and grass. No vegetation will be removed or altered as part of
the rezone application. The site is generally flat although one isolated
area along the southwest corner of the property contains a 43 percent
slope.
C. Significant Social Features
1. Street System
Within the Kent City limits the subject site abuts South 240th
Street and 28th Avenue South. Within the Des Moines City limits
the site abuts South 242nd Street and 27th Avenue South. Access
to the mobile home park is from 28th Avenue South which
connects with South 240th Street. South 240th Street is
unclassified on the City of Kent Road Classification map where
the site abuts this street. However, to the east of Pacific
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Page 6 of 10
Highway, South 240th Street is classified as a Residential
Collector Arterial. Roadway improvements which may be
required with a future development proposal of the site likely
will be required to be consistent with the City of Des Moines
roadway classification of South 240th Street within the Des
Moines city limits and no less consistent than Kent’s standard
for a Residential Collector Arterial.
2. Water System
The site is located within the Highline Water District service
area. A water availability certification was submitted with the
application, and public water is available to serve the site.
Sanitary Sewer System
The site is located within the Midway Sewer District service
area. A sewer availability certificate was submitted with the
application, and public sewer is available to serve the site.
3. Stormwater System
A stormwater system will be necessary to accommodate any
future development. The developer will be required to complete
a drainage analysis and develop and submit drainage plans
prepared in accordance with the 2002 City of Kent Surface
Water Design Manual and the 1998 King County Surface Water
Design Manual.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
Chief Administrative Officer City Attorney
Director of Public Works Police Department
Parks & Recreation Director Fire Chief
Building Official City Clerk
U.S. Post Master Highline School District
Washington State DOT King Co. Wastewater Treatment
Washington State DOE Century Link
Puget Sound Energy King County Transit Division
Highline Water District Midway Sewer District
Midway Sewer District
Staff Report
New Alaska Mobile Home Park Rezone
RZ-2014-1, KIVA #RPP4-2140847
Page 7 of 10
In addition to the above, all persons owning property which lies within 300
feet of the site were notified of the application and of the public hearing.
No public written comments were received on this proposal.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
In 1995 (amended 2004) the Kent City Council adopted the Kent
Comprehensive Plan which represented a complete revision to the
City’s 1977 comprehensive plan. The 1995, and as amended in 2004,
plan was prepared under the provisions of the Washington State
Growth Management Act. The comprehensive plan, through its goals
and policies, presents a clear expression of the City’s vision of growth
for citizens, the development community, and other public agencies.
The plan is used by the Mayor, City Council, Land Use and Planning
Board, Hearing Examiner, and the city departments to guide decisions
on amendments to the City’s zoning code and other development
regulations which must be consistent with the plan. It also guides
decisions regarding the funding and location of capital improvement
projects. The Land Use element of the plan contains a Land Use Plan
Map which designates the type and intensity of land uses throughout
the City as well as the entire potential annexation area.
On December 13, 2011 the Kent City Council approved Ordinance No.
4009 adopting the Midway Subarea Plan as part of the City’s
Comprehensive Plan. With adoption of the Plan, the Comprehensive
Plan Land Use Map designation for the subject site and immediate
vicinity was changed to Transit Oriented Community (TOC) (Ordinance
4012). The overall goal of the Midway Subarea Plan is to create a
dense, pedestrian-friendly, sustainable community that provides jobs,
housing, services and public open space around nodes of high capacity
mass transit while maintaining auto-oriented uses between the transit
oriented nodes. The Midway Subarea Plan established Land Use Goal
MLU-1 to increase employment opportunities and housing choices in
support of rapid light rail and mass transit options within areas
designated Transit Oriented Community. Policy MLU-1.1 designates
where high density retail, office, and residential development will be
focused.
Staff Report
New Alaska Mobile Home Park Rezone
RZ-2014-1, KIVA #RPP4-2140847
Page 8 of 10
Planning Services Comment:
The rezone supports the goals and policies of the Midway Subarea
Plan. The Midway Subarea Plan supports the future extension of Sound
Transit Link Light Rail service in the vicinity of the Pacific Highway
South transportation corridor through dense, high quality, pedestrian-
friendly development near transit stations. Updated zoning map
designations, development regulations and design guidelines approved
by the Kent City Council on December 13, 2011 implement the goals
and policies of the Midway Subarea Plan.
B. Standards and Criteria for Granting a Request for Rezone
The following standards and criteria (Kent Zoning Code, Section
15.09.050.C) are used by the Hearing Examiner and City Council to
evaluate a request for a rezone. Such an amendment shall only be
granted if the City Council determines that the request is consistent
with these standards and criteria.
1. The proposed rezone is consistent with the Comprehensive Plan.
Planning Services Comment
On December 13, 2011 the Kent City Council adopted the Midway
Subarea Plan which amended the Comprehensive Land Use Plan Map
designation of the subject properties to Transit Oriented Community
(TOC). The requested zoning designation of Midway Transit
Community-1 (MTC-1) is consistent with the Comprehensive Plan
designation of TOC. This designation allows retail, office, and
multifamily residential uses together in the same area or as a
stand-alone use. The designation also allows high-density uses in
support of rapid transit investments. A rezone of the site will allow the
properties to redevelop in a manner consistent with the Midway
Subarea Plan.
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Planning Services Comment
The Midway Subarea Plan was adopted to prepare the Subarea for
future high capacity light rail transit. New comprehensive plan land
use map and zoning districts map designations and development
standards were adopted by the Kent City Council to implement the
objectives of the plan. Existing development within the Midway
Staff Report
New Alaska Mobile Home Park Rezone
RZ-2014-1, KIVA #RPP4-2140847
Page 9 of 10
Subarea generally consists of several mobile home parks, small
businesses, strip malls, a big box store, light industrial operations and
outdoor storage yards. However, future redevelopment of the subject
site as a result of the rezone will be compatible with other future
redevelopments as properties within the Midway Subarea have been
rezoned to zoning designations allowed by the new Comprehensive
Plan designation of TOC and City of Des Moines zoning designation of
Transit Community. The MTC-1 development regulations and Midway
Design Review standards ensure compatibility of any redevelopment of
the site with the adjacent multifamily uses adjacent located to the
west.
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated.
Planning Services Comment
A non-project rezone of this property to MTC-1 will not generate
additional trips onto the existing transportation system.
Transportation impacts resulting from subsequent redevelopment of
the site will require mitigation in the form of payment of
Transportation Impact Fees, the developer meeting the requirements
of the City of Kent Construction Standards for roadway improvements,
and relevant mitigation measures from the 2011 City of Kent
Comprehensive Plan Review and Midway Subarea Planned Action Final
Environmental Impact Statement.
4. Circumstances have changed substantially since the
establishment of the current zoning district to warrant the
proposed rezone.
Planning Services Comment
Sound Transit received funding in 2008 to extend light rail from
SeaTac Airport to South 272nd Street which is the southern boundary
of the Midway Subarea. On December 13, 2011 the City of Kent
adopted the Midway Subarea Plan changing the Comprehensive Plan
Land Use Map designation to Transit Oriented Community. Also on
December 13, 2011 an area-wide rezone changed the zoning in the
vicinity of the site to Midway Transit Community-1 (MTC-1) and the
development regulations of Kent City Code were amended to
implement the objectives of the Midway Subarea Plan. Mobile Home
Parks were not included in the area-wide rezone due to the provision
of Kent City Code 12.05.340 requiring an owner of a mobile home park
Staff Report
New Alaska Mobile Home Park Rezone
RZ-2014-1, KIVA #RPP4-2140847
Page 10 of 10
to obtain a certificate of completion from the City’s manager of
Housing and Human Services certifying that the owner has complied
with the provisions of an approved relocation plan and report. The
owner of the subject site submitted a relocation plan/report which was
approved by the City on May 23, 2014 with a condition that a
new/revised relocation plan/report be submitted to the city if the
mobile home park is sold or redeveloped for a use other than for
mobile homes.
5. The proposed rezone will not adversely affect the health, safety
and general welfare of the citizens of the City of Kent.
Planning Services Comment
The proposed rezone is consistent with the Kent Comprehensive Plan
as amended on December 13, 2011 to include the Midway Subarea
Plan. Subsequent development on the site will have to meet all
applicable codes and regulations, including mitigation of anticipated
environmental impacts. The July 14, 2014 SEPA decision for the
rezone request requires that an updated relocation plan/report in
accordance with KCC 12.05.320 and 12.05.330 be submitted to the
city for review and approval prior to a future mobile home park sale or
redevelopment proposal to a use other than for mobile homes.
Therefore, the rezone proposal will not adversely affect the health,
safety and general welfare of the citizens of the City of Kent.
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a
rezone, the City staff recommends APPROVAL without conditions of the New
Alaska Mobile Home Park rezone.
KENT PLANNING DEPARTMENT
July 30, 2014
SC:pm S:\Permit\Plan\rezone\2014\2140847 staff report.doc
CITY OF KENT
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No. #ENV-2014-11 Project: New Alaska
#RPSW-2140846 Mobile Home Park Rezone
Description: The applicant is requesting a Zoning Map Amendment (Rezone) of three
parcels totaling 2.82 acres from MHP, Mobile Home Park, to MTC-1, Midway Transit
Community-1. No redevelopment of the mobile home park is proposed as part of the rezone
request.
Location: The properties are located at 2703 South 240th Street and 24142 27th Avenue
South and are identified as King County parcel numbers 3603600330, 3603600450 and
3603600445.
Applicant: Threasa Lynn Melton (Lee A. Michaelis, Contact), AFG Holdings, LLC
Lead Agency CITY OF KENT
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is
available to the public on request.
_X_ There is no comment period for this DNS pursuant to WAC 197-11-355 Optional DNS
process.
___ There is no comment period for this DNS.
_ _ This DNS is issued under 197-11-340(2). The lead agency will not act on this proposal
for 14 days from the date of this decision; this constitutes a 14-day comment period.
This DNS is subject to appeal pursuant to Kent City Code section 11.03.520.
Responsible Official Charlene Anderson, AICP______________
Position/Title Planning Manager / SEPA OFFICIAL
Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone: (253) 856-5454
Dated July 16, 2014 Signature ________________________
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE
MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE
END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520.
CONDITIONS/MITIGATING MEASURES: If in the future the mobile home park is sold or
redeveloped for a use other than for mobile homes, the property owner shall submit to the
City of Kent for approval of a new relocation plan/report in accordance with Kent City Code
Sections 12.05.320 and 12.05.330.
SC\al\S:\Permit\Plan\Env\2014\2140846mdns.doc
Mitigated Determination of Nonsignificance
New Alaska Mobile Home Park Rezone
ENV-2014-11/RPSW-2140846
2 of 2
CERTIFICATE OF POSTING
I, Charlene Anderson, Responsible Official under the Washington Administrative Code (WAC) Chapter 197-11-788 and 910, and Kent City
Code Chapter 11.03.410 do hereby declare that the Mitigated Determination of Nonsignificance, as described in this public notice, was duly
posted on____________________________________, by a member of Kent Planning Services, on or near the site described therein.
__________________________________________
Charlene Anderson, AICP, Planning Manager
Agenda Item: Other Business – 8C
TO: City Council
DATE: October 7, 2014
SUBJECT: Lower/Lowest Russell Road Condemnation Ordinance - Adopt
SUMMARY: The Lower/Lowest Russell Road Levee(“Project”) is necessary to provide
flood protection to the Green River Valley which includes the city of Kent, city of
Tukwila and the city of Renton. Property and property rights along the alignment of
the Project must be acquired in order to complete the Project.
Efforts are now ongoing to acquire the property necessary for this public use by
negotiation and settlement agreements.
In the event that negotiated acquisition is not fully successful it is essential that the
city be prepared to initiate condemnation proceedings so that the Project can be
timely constructed.
The City has provided notice in the manner provided for in RCW 8.12.005 and
8.25.290.
While the City always tries to avoid as much as possible utilizing the condemnation
process, this ordinance will provide the City the mechanism to proceed, if necessary,
to condemnation on the property should negotiations stall.
EXHIBITS: Notice of Condemnation and Condemnation Ordinance, including Exhibits
RECOMMENDED BY: Public Works Committee
YEA: NAY:
BUDGET IMPACTS: None – Costs for property acquisition are to be paid for by the
King County Flood District through an amended Lower/Lowest Interlocal Agreement.
MOTION: Move to adopt Ordinance No.___ providing for the acquisition of
certain property rights along the Green River to complete levee
improvements for the Lower/Lowest Russell Road Levee.
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C;
•
KEN T
WASHINGTON
STATE OF WASHINGTON )
COUNTY OF KING )
CITY CLERK
Ronald F. Moore, MMC
City Clerk
220 4th Avenue South
Kent, WA 98032
Fax:253-856-6725
PHONE: 253-856-5725
I, Ronald F. Moore, the undersigned, as City Clerk in and for the City
of Kent, Washington, do hereby certify that the attached is a true and correct
copy of a Certificate of Mailing of a Notice of Planned Final Action, with a
copy of the notice attached.
IN WITNESS WHEREOF, I have hereunto fixed my hand and affixed the
seal of the City this 15th day of September, 2014.
MAYOR SUZETTE COOKE
ity Clerk
City of Kent Administration
Derek M. Matheson, CAO
KENT
W ASHINGTON
NOTICE OF PLANNED FINAL ACTION
City of Kent Eminent Domain Proceedings
(RCW 8.25.290)
CITY CLERK
Ronald F. Moore, MMC
City Clerk
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-856-5725
1)_ Subject Property: 22274 Russell Road, King County Tax Parcel No.
000620-0017-01, Record Property Owner shown on County Tax Roll:
Kimberly Voss
2) Subject Property: 22262 Russell Road, King County Tax Parcel No.
000620-0011-07, Record Property Owner shown on County Tax Roll: Mary Jo
Torgenson & Cynthia Kuno
NOTICE IS HEREBY GIVEN that the City Council of the City of Kent,
condemnor, will consider taking final action by approval and passage of a
condemnation ordinance that will authorize the City Attorney to commence
eminent domain (condemnation) proceedings against the above -described
subject properties.
The date, time, and location fixed for Council consideration of this proposed
condemnation ordinance is October 7, 2014, at 7:00 p.m. in the Kent City
Council Chambers, located at 220 Fourth Avenue South, Kent, Washington,
98032.
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® MAYOR SUZETTE COOKE
City of Kent Administration
Derek M. Matheson, CAO
KEN T
W ASHINGTON
September 15, 2014
Kimberly Voss
22274 Russell Road
Kent, WA. 98032
Mary Jo Torgeson &Cynthia Kuno
22262 Russell Road
Kent, WA. 98032
Subject: Notice of Planned Final Action
Dear Property Owner of Record:
PUBLIC WORKS DESIGN ENGINEERING
Timothy J. LaPorte, P.E.
Public Works Director
400 West Gowe
Kent, WA 98032
Fax:253-856-6500
PHONE: 253-856-5500
Condemnation of the following property(s) will be considered during the Final Action that will
take place at the October 7, 2014 Kent City Council meeting at 7PM in Council Chambers at
Kent City Hall, 220 4th Avenue South:
Property No. 1
Kimberly Voss
22274 Russell Road
Kent, WA. 98032
Fax Parcel No. 000620-0017-01
Property No. 2
Mary Jo Torgeson &Cynthia Kuno
22262 Russell Road
Kent, WA. 98032
Fax Parcel No. 000620-0011-07
Enclosed is a copy of the ordinance and exhibits that City Council will take final action to decide
whether or not to authorize the condemnation of the aforementioned property(s).
Sincerely,
Mark ow le t, PE
City of Kent Project Manager
MAYOR SUZETrE COOKE _ _-
City of Kent Public Works Department
Timothy J. LaPorte, P.E. ,Public Works Director
ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, providing for the
acquisition of certain property and/or property
rights in order to construct, extend, widen,
improve, alter, maintain, and reconstruct portions
of the Green River levee system; providing for the
condemnation, appropriation, taking, and
damaging of such property rights as are necessary
for that purpose; providing for the payment
thereof out of City Storm drainage funds; directing
the city attorney to prosecute the appropriate legal
proceedings, together with the authority to enter
into settlements, stipulations, or other
agreements; and acknowledging that all of the
affected real property is located within the
corporate limits of the city of Kent in King County,
Washington.
RECITALS
A. The Lower/Lowest Russell Road Levee(“Project”) is necessary
to provide flood protection to the Green River Valley which includes the
city of Kent, city of Tukwila and the city of Renton.
B. Property and property rights along the alignment of the
Project must be acquired in order to complete the Project.
1 Lower/Lowest Russell Road
Levee Improvement
Condemnation Ordinance
C. Efforts are now ongoing to acquire the property necessary for
this public use by negotiation and settlement agreements.
D. In the event that negotiated acquisition is not fully successful
it is essential that the city be prepared to initiate condemnation
proceedings so that the Project can be timely constructed.
E. The City has provided notice in the manner provided for in
RCW 8.12.005 and 8.25.290.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. After receiving the report of city staff and after
reviewing the planned improvements for the Project, the city council finds
and declares that the public convenience, use, health, safety and necessity
demand that the city of Kent condemn, appropriate, take, and damage
portions of certain real property located within the corporate limits of Kent
in King County, Washington, in order to acquire the necessary property
and/or property rights for the construction of the Project, including all
necessary appurtenances. The property to be acquired is approximately
depicted in Exhibit “A,” and legally described in Exhibit “B,” both of which
are attached hereto and incorporated herein by this reference (“Property”).
The purposes for which this condemnation is authorized shall include,
without limitation, all acts necessary to complete the construction,
extension, improvement, widening, alteration, maintenance, and
reconstruction of the Project, including improvements for levee fill, access
ramps, drainage, trails, landscaping, illumination, utilities, utility
2 Lower/Lowest Russell Road
Levee Improvement
Condemnation Ordinance
adjustments, and relocations, and any other levee, street, or municipal
purposes that may become necessary from time to time on the Property.
SECTION 2. The city council authorizes the acquisition by
condemnation of all or a portion of the Property for the construction,
extension, improvement, widening, alteration, maintenance, and
reconstruction of the Project, including acquisition of property and/or
property rights, together with all necessary appurtenances and related
work to make a complete improvement according to established standards.
SECTION 3. The city shall condemn the Property only upon
completion of all steps and procedures required by applicable federal,
state, and/or local laws and regulations and only after just compensation
has first been made or paid into court for the owner or owners in the
manner prescribed by law.
SECTION 4. The city shall pay for the entire cost of the acquisition
by condemnation provided for in this ordinance through the city’s drainage
fund or from any of the city’s general funds, if necessary, as may be
provided by law.
SECTION 5. The city council authorizes and directs the city
attorney to commence those proceedings provided by law that are
necessary to condemn the Property. In commencing this condemnation
procedure, the city council authorizes the city attorney to enter into
settlements, stipulations, or agreements in order to minimize damages,
which settlements, stipulations, or agreements may include but not be
limited to the amount of just compensation to be paid, the size and
dimensions of the property condemned, and the acquisition of temporary
construction easements and other property interests.
3 Lower/Lowest Russell Road
Levee Improvement
Condemnation Ordinance
SECTION 6. – Severability. 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 7. – 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 8. – 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 MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
4 Lower/Lowest Russell Road
Levee Improvement
Condemnation Ordinance
PASSED: day of , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the city of Kent, Washington, and approved
by the Mayor of the city of Kent as hereon indicated.
(SEAL)
RONALD MOORE, CITY CLERK
P:\Civil\Ordinance\Condemnation Lower Lowest Russell Road.docx
5 Lower/Lowest Russell Road
Levee Improvement
Condemnation Ordinance
Neely ixuc f 3i
ygiK ri P.,
Legal DescrlpNon:
BEGINNING AT THH NORTHWEST CORNER OF DAVID A NEELY DONATION CLAIM IN SECTION 10,
TO WNSHBP 22 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON;
THENCE EAST ALONG THE NORTH BOUNDARY LINE OF SAID DONATION CLAIM TO A POINT
WHICH IS 2s412,3D7 FEET WESTERLY OF THE NORTHEAST CORNER OF SAID DONATION CLAIM;
THENCE SOUTHERLYPARALLEL WITH THE EASTERLY LINE OF SAID DONATION CLAIM A
DISTANCE OF 279.00 FEE;
THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAIDDONATION CLAIM TO THE
EASTERLY BANK OF WHITE RIVER;
THENCE NORTHERLY ALONG THE EAST BANK OF SAID WHITE RIVER TO POINT OF BEGINNING;
EXCEPT ROADS.
Property Address:
22262 Russel] Road
Keo� WA 98032
TaxAcconntNumber:
000620-0011-07
REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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EXECUTIVE SESSION
A. Pending Litigation, as per RCW 42.30.110(1)(i)
B. Property Negotiation, as per RCW 42.30.110(1)(c)
ACTION AFTER EXECUTIVE SESSION
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