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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 01/26/2009Public Works Committee Agenda Councilmembers: Ron HarmonDebbie RapleeDeborah Ranniger, Chair Unless otherwise noted, the Public Works Committee meets at 5:00 p.m. on the 1st & 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. U:\PWCommittee\Agendas\2009\Jan 26 09.doc January 26, 2009 5:00 p.m. KENT CITY COUNCIL NOTICE OF SPECIAL MEETING Item Description Action Speaker Time Page 01. Approval of Minutes Dated January 5, 2009 YES None 03 03 02. Ordinance Amending KCC 9.38.170 Residential Parking Zone/North Park Neighborhood YES Toni Azzola 05 07 03. Downey Farmstead Restoration Project - Agreement YES Mike Mactutis 05 13 04. Local Hazardous Waste Management Program (LHWMP) – Contract Amendment YES Mike Mactutis 05 21 05. Information Only/January Flood Event NO Mike Mactutis 10 27 06. Ordinance Amending Flood Hazard Regulations YES Beth Tan 10 29 07. Northwest Hydraulics Consultants Mike Mactutis Analysis of Levee Alternatives - Contract YES Tim LaPorte 05 49 08. Information Only/Residential Meeting Montessori Plus School-Meeting Set NO Larry Blanchard 03 63 09. Update/SE 256th Street Project NO Mark Howlett 10 -- 10. Information Only/Residential Traffic Calming Program NO Chad Bieren 10 -- 1 This page intentionally left blank. 2 PUBLIC WORKS COMMITTEE MINUTES for January 05, 2009 Committee Members Present: Committee Chair Deborah Ranniger and Committee Member Ron Harmon were present; Tim Clark sat in for Debbie Raplee who was absent. The meeting was called to order at 5:04 p.m. ITEM 1 – Approval of Minutes Dated December 15, 2008: Committee Member Harmon moved to approve the minutes of December 15, 2008. The motion was seconded by Clark and passed 3-0. ITEM 2 – South County Area Transportation Board Agreements (SCATBd): Public Works Director, Larry Blanchard explained that the parties to the 2009-2012 Agreement for the South County Area Transportation Board (SCATBd) recognize that multi-jurisdictional transportation planning and coordinated transportation plans benefit their citizens. Clark noted that SCATBd serves a critical role in transportation in our region. Blanchard, went on to explain the purpose of the Agreement is to provide for the continuation of SCATBd as the south county portion of the region’s forum for local governments to share information, building consensus, and coordinate among jurisdictions and agencies with the goal of priorities for regional transportation decisions. The packet that the committee received was more inclusive than was needed. Clark moved to recommend authorization for the Mayor to sign the 2009- 2012 Interlocal Agreement to continue to participate in the South County Area Transportation Board, including identifying representatives to SCATBd for the City and providing dues. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3 – Set Next Public Works Committee Meeting Date for January 26, 2009-Due to MLK Holiday: Ranniger noted that the next regularly scheduled Public Work Committee meeting (January 19, 2009), falls on Martin Luther King Day. She proposed that a special Public Works Committee meeting be held on January 26, 2009. Harmon moved to recommend setting the second Public Works Committee meeting for the month of January 2009 for Monday, January 26, 2009, due to the Martin Luther King Holiday (January 19, 2009). The motion was seconded by Clark and passed 3-0. ITEM 4 – Set Next Public Works Committee Meeting Date for February 23, 2009-Due to Presidents Day: Ranniger noted that the next regularly scheduled Public Work Committee meeting scheduled for February 16, 2009, falls on Presidents Day. She proposed that a special Public Works Committee meeting be held on February 23, 2009. Ranniger will not be able to attend this meeting. Clark will sit in for her. Clark moved to recommend setting the second Public Works Committee Meeting for Monday, February 23, 2009, due to Presidents Day (February 16, 2009). The motion was seconded by Harmon and passed 3-0. 3 PUBLIC WORKS COMMITTEE MINUTES for January 05, 2009 ITEM 5 – INFORMATION ONLY – Residential Commercial Solid Waste Disposal and Recycling Contract: Conservation Specialist, Gina Hungerford noted that the Solid Waste Contract held by Allied Waste ends in 2011. Public Works staff would like to obtain comments from the PWC regarding concerns, additions, or changes they may have. These concerns, additions, or changes could be included as criteria for the selection of and inserted as language in the contract for the Solid Waste Contract. Request for Proposals (RFP) are being circulated, and staff will keep the PWC apprised of the status of this process on a quarterly basis. Public Works Committee members requested that the following be considered when negotiating the next contract. TOP Requests from Public Works Committee Members 1. 5-7 year Contract 2. Self Haul 3. Every other week service 4. Daily log shall be maintained and vehicle log 5. Improve Communication from hauler during inclement weather 6. Hauler/City Website to be linked together 7. Global Positioning System (GPS) devices on vehicles Questions & Comments Asked by Public Works Committee Members: 1. Reduce Solid Waste Stream • Options for large or small containers 13 gallon and various sized up to 32 gal. • Conform to needs of households • Options - Can we renew the contract on a more frequent basis • What happens to a customer who wants to haul their own garbage? • Create a policy that requires a reduction in waste stream. 2. What options are available? Ranniger was told you can get a 20 gallon container. However, she was unable to find one at any of the local hardware businesses. Link from the City website to theirs (garbage hauler) When will 2009 Calendars be mailed out? Ranniger had not yet received hers. 3. Waste to Energy – Sustainability 4. Tim Clark – Direction from King County (KC) is going to sustainable sources Landfill is projected to be full 2016-2018, and there needs to be a plan to determine what KC and the City will do before the Land Fill is full. Kent may want to develop its own Solid Waste Management Plan. May need to get a report from King County Metro on how they will provide for Solid Waste. 5. Styrofoam - Recycling 6. 5–7 year contract opener, in case of problems. 4 PUBLIC WORKS COMMITTEE MINUTES for January 05, 2009 7. Customers should get a credit if garbage pickup is missed 3 or more times (consecutively?) If we don’t have a penalty for hauler for missing 3 or more pickup we should. 8. 3.8.7 – As a result of the recent snow storm - need to be managed better. Garbage was not picked up for 3 weeks. 9. An approach in the communications ability to e-mail and send an e-mail back to logging. No Motion Required - Information Only ITEM 6 – INFORMATION ONLY – Snow & Ice Removal Conditions: Street Superintendent, Bill Thomas gave an in informative PowerPoint Presentation on the 2008 Snow and Ice Response which included slides of the Priority Routes and Emergency Road closures and photos of the damage done by the storm. Committee members thanked Bill and all the crews that worked long hours during the holiday to keep the City moving. Information Only No Motion Required Adjourned: The meeting was adjourned at 6:18 p.m. Next Meeting is Scheduled for: Monday, January 26, 2009 at 5:00 p.m. Reminder there will not be a meeting on February 16, 2009 due to the Presidents Day Holiday. Cheryl Viseth Public Works Committee Secretary 5 This page intentionally left blank. 6 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Date: January 23, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 From: Ben Wolters, Economic Development Director Subject: Ordinance Amending KCC 9.38.170 Residential Parking Zone / North Park Neighborhood MOTION: Move to recommend that Council adopt the amendment to Kent City Code provision 9.38.170, in a form similar to that presented to the Committee, which would allow city contractors to be issued permits to park in Residential Parking Zones while engaged in work for the City. SUMMARY: KCC 9.38.170 was recently enacted to make it illegal to create a Residential Parking Zone (RPZ) in the North Park Neighborhood without city-issued parking permits. The permits are available only to RPZ property owners, residents, residents’ visitors and government vehicles not associated with the conduct of business at the Kent Events Center. The amendment is necessary to allow city contractors their subcontractors and employees doing work, such as sewer repairs, to park in the neighborhood when necessary. The amendment allows the RPZ Manager to issue permits for this purpose. BUDGET IMPACT: None 1 7 This page intentionally left blank. 8 1 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.38.170 of the Kent City Code, entitled “Parking Permits,” to add a provision that allows city contractors, subcontractors, and their employees to park in Residential Parking Zones while engaged in work for the City. RECITALS A. Kent City Code (“KCC”) section 9.38.175 was recently enacted to create a Residential Parking Zone in the North Park Neighborhood. This code provision makes parking permits available only to Residential Parking Zone property owners, residents, residents’ visitors, and government vehicles not associated with the conduct of business at the Kent Events Center. B. It is from time to time necessary and practical to also allow City contractors, their subcontractors, and employees doing work, such as sewer repairs, to temporarily park in the North Park Neighborhood and in other areas that may in the future be designated as Residential Parking Zones. This ordinance amending the exempt parking provisions of KCC 9.38.170 enables the Residential Parking Zone Manager to issue permits for this purpose. 9 2 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment. Section 9.38.170 of the Kent City Code, entitled “Parking Permits,” is amended as follows: Sec. 9.38.170. Parking Permits. A. The City Council finds that it is necessary to have a system of special parking permits to be administered by the City facilities manager which authorizes Council members and the Mayor to utilize existing two (2) hour parking zones and fifteen (15) minute parking zones at or near the City Hall and other City facilities during regular business hours between 9:00 a.m. until 6:00 p.m. necessary for the attendance of such officials at meetings and official business with the City. The City facilities manager is authorized to issue parking permits for City Council members and the Mayor on forms, cards, or stickers as he or she determines to be appropriate and conspicuous. Such permits shall contain a rendition of the City’s corporate seal or official logo identifying the holder thereof as an authorized user and member of the City Council or the Mayor and to be exempt from parking restrictions under this chapter, excluding disabled parking stalls. Such permits authorize unlimited parking for official business at two (2) hour parking zones provided under KCC 9.38.060 for Meeker Street and Gowe Street, and for all municipal parking facilities identified under KCC 9.38.160. Any permits issued by the facilities manager under this section shall be signed by the facilities manager and issued for such periods as he or she deems appropriate. 10 3 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC B. The City facilities manager is authorized to issue parking permits for City corrections facility employees, Aukeen District Court employees, King County probation office employees, and prosecutors whose municipalities use Aukeen District Court on forms, cards, or stickers as he or she determines to be appropriate and conspicuous. Marked police vehicles and other police vehicles displaying exempt license plates may use the parking lot without being issued a permit. Such permits authorize unlimited parking for City or district court business at the lot southeast of the corrections facility at 1230 South Central Street. The parking lot shall be for the exclusive use of individuals with these parking permits except for any legally designated handicapped parking. The permits shall be signed by the facilities manager and issued for such periods as he or she deems appropriate. C. The Residential Parking Zone Manager, appointed pursuant to Kent City Code section 9.38.175(C), is authorized to issue temporary parking permits for the personal and business vehicles of City contractors, subcontractors, and their employees for use only while engaged in City contract work that requires such persons to be present in Residential Parking Zones. SECTION 2. – Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. / / / / / / 11 4 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC SECTION 3. – Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. 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) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\ResidentialParkingZone-ContractorPrkgExemption.docx 12 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 16, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 From: Mike Mactutis, PE, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Downey Farmstead Restoration Project/Salmon Recovery Funding Board - Agreement Motion: Move to recommend for the Mayor to sign the Salmon Project Agreement with the Salmon Recovery Funding Board (SRFB) in the amount of $150,000, direct staff to accept the grant, and establish a budget for the funds to be spent within the Downey Farmstead Restoration Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The Downey Farmstead Restoration Project involves four parcels totaling 21.81 acres located along the left bank of the Green River from River Mile 21.7 to 22.2. This restoration project will include creation of floodplain storage and side channel refuge habitat for salmonids parallel to the Green River. This will increase access to floodplain habitat for Chinook and other salmonids and restore floodplain functions. Funds from this grant would be used for a feasibility study and 30% design of the Downey Farmstead Restoration Project. Reimbursement: The City will be reimbursed $150,000 by the Salmon Recovery Funding Board after the City of Kent spends its funds for this project. 13 This page intentionally left blank. 14 15 16 17 18 19 This page intentionally left blank. 20 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 U:\PWCommittee\ActionPage\2009\Item4LHWMPContractAmendmnt.doc Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 15, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Local Hazardous Waste Management Program (LHWMP) – Contract Amendment Motion: Move to recommend authorization for the Mayor to sign an amendment to the Local Hazardous Waste Management Program Contract Agreement for 2008/2009 in the amount of $24,413.91, direct staff to accept the grant and establish a budget for the funds to be spent within said project upon concurrence of the language therein by the City Attorney and the Public Works Director. Background/History: The Seattle/King County Health Department Local Hazardous Waste Management Program Grant is used to fund collection of hazardous waste at special recycling collection events for residents and businesses. The Seattle/King County Health Department Local Hazardous Waste Management Program Contract Agreement to distribute 2009 grant funds to the City to implement the City’s 2009 LHWMP tasks as described in the Scope of Work in the grant agreement. 21 This page intentionally left blank. 22 23 24 25 26 Information Only/January Flood Event 27 This page intentionally left blank. 28 PUBLIC WORKS DEPARTMENT WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Phone: 253-856-5500 Fax: 253-856-6500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Kent, WA 98032-5895 Date: January 15, 2009 Date: January 15, 2009 To: Chair Deborah Ranniger and Public Works Committee Members To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 PW Committee Meeting Date: January 26, 2009 From: Beth Tan, P.E., Environmental Engineer III From: Beth Tan, P.E., Environmental Engineer III Through: Larry Blanchard, Public Works Director Through: Larry Blanchard, Public Works Director Subject: Ordinance Amending Flood Hazard Regulations Subject: Ordinance Amending Flood Hazard Regulations ITEM ITEM Motion: Move to recommend authorization for the Mayor to sign the ordinance to revise Kent City Code 14.09 Flood Hazard Regulation, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: Summary: City staff has worked to ensure Kent City Code 14.09 meets with standard language provided by federal and state agencies to participate in the National Flood Insurance Program (NFIP). A number of minor items within the existing 14.09 code, from definitions to additional wording, were included in a letter of correction sent by the state representative of Floodplain Management from the Washington Department of Ecology (DOE). City staff has worked to ensure Kent City Code 14.09 meets with standard language provided by federal and state agencies to participate in the National Flood Insurance Program (NFIP). A number of minor items within the existing 14.09 code, from definitions to additional wording, were included in a letter of correction sent by the state representative of Floodplain Management from the Washington Department of Ecology (DOE). City staff is also recommending three additional changes to KCC 14.09. These include, 1) the addition of Section 14.09.175, compensatory storage, 2) a proposal to change the requirement of finish floor elevations to be a minimum of two (2) feet above the base flood elevation, and 3) to adopt the King County River and Floodplain Management Division map dated March 2008 or the latest Flood Insurance Rate Map (FIRM) to be issued by the Federal Emergency Management Agency (FEMA) as best available data. These changes will provide increased flood protection to both new and existing property owners in Kent. City staff is also recommending three additional changes to KCC 14.09. These include, 1) the addition of Section 14.09.175, compensatory storage, 2) a proposal to change the requirement of finish floor elevations to be a minimum of two (2) feet above the base flood elevation, and 3) to adopt the King County River and Floodplain Management Division map dated March 2008 or the latest Flood Insurance Rate Map (FIRM) to be issued by the Federal Emergency Management Agency (FEMA) as best available data. These changes will provide increased flood protection to both new and existing property owners in Kent. The City is in the process of entering the FEMA Community Rating System (CRS) Program. This program allows property owners within agencies meeting certain requirements to have discounts on federally backed flood insurance. These changes to Kent City Code 14.09 will allow the City to obtain higher flood insurance discounts for its citizens than it would otherwise. The City is in the process of entering the FEMA Community Rating System (CRS) Program. This program allows property owners within agencies meeting certain requirements to have discounts on federally backed flood insurance. These changes to Kent City Code 14.09 will allow the City to obtain higher flood insurance discounts for its citizens than it would otherwise. FEMA is in the process of updating the FIRM’s for the Green River Valley. The new FIRM’s will enlarge the floodplain to encompass much of the entire valley. Due to these impending changes, many properties in the Kent Valley will be required to purchase flood insurance. Enrollment in the CRS Program will enable these home and business owners to save money on that purchase. FEMA is in the process of updating the FIRM’s for the Green River Valley. The new FIRM’s will enlarge the floodplain to encompass much of the entire valley. Due to these impending changes, many properties in the Kent Valley will be required to purchase flood insurance. Enrollment in the CRS Program will enable these home and business owners to save money on that purchase. U:\PWCommittee\ActionPage\2009\01 26 09 Item 6Ord Amending Flood Hazard Regulations.doc 29 This page intentionally left blank. 30 1 Flood Hazard Regulations Amend KCC 14.09 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 14.09, of the Kent City Code, entitled “Flood Hazard Regulations," in order to revise the floodplain management and compliance provisions and make them consistent with state and federal regulations. RECITALS A. The City of Kent’s flood hazard regulations are in Chapter 14.09 of the Kent City Code. The City’s regulations must comply with the Federal Emergency Management Agency (FEMA) Community Rating System (CRS) Program. These amendments to 14.09 bring the City into compliance. B. These amendments are also based on new hydraulic and hydrologic data available from FEMA, in the form of a preliminary Flood Insurance Rate Map (FIRM) and the King County river and Floodplain Management Unit hydraulic modeling in review of the preliminary FIRM. The City’s flood management policies invoke the need for continued review and update to ensure that public health, safety and general welfare are protected from flood conditions. 31 2 Flood Hazard Regulations Amend KCC 14.09 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment. Section 14.09.010 of the Kent City Code, entitled “Definitions,” is amended as follows: Sec. 14.09.010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Appeal means a request for review of any final action pursuant to this chapter, or of the interpretation of any provision of this chapter by any city official. B. Area of shallow flooding means the land within the floodplain where the base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard means the land within the floodplain which is subject to a one (1) percent or greater chance of flooding in any given year. D. Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood. 32 3 Flood Hazard Regulations Amend KCC 14.09 E. Base flood elevation means the actual elevation (in mean sea level) of the water surface of the base flood determined by the Federal Flood Insurance Administration or other qualified person or agency as described in this chapter. F. Basement means any area of the building having its floor subgrade (below ground level) on all sides. G. Best Available Data means a) the data provided by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated June 16, 1995, with accompanying flood insurance maps and any subsequent revisions thereto, or b) hydrologic and hydraulic analyses performed in accordance with standard engineering practice and in accordance with FEMA standards contained in 44 C.F.R. Part 65. H. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire, and emergency response installations; and public and private facilities which produce, use, or store hazardous materials or hazardous waste as defined by the State Department of Ecology. I. Development means any proposed or actual manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations located within flood hazard areas and other site preparation activities, or storage of materials or equipment. 33 4 Flood Hazard Regulations Amend KCC 14.09 J. Director means the director of the department of public works of the city. K. Fill means deposition of earth material by artificial means. L. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation of runoff of surface water from any source. M. Flood insurance rate map (FIRM) means the official map on which the federal flood insurance administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community. N. Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary and floodway map, flood insurance rate map, and the water surface elevation of the base flood. O. Flood protection elevation means that the finished floor of any structure must be a minimum of 2 feet above the base flood elevation. P. Flood season means the period from November 1st to March 31st during which, historically, the frequency, distribution and volume (inches of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. 34 5 Flood Hazard Regulations Amend KCC 14.09 Q. Floodplain means that portion of a river or stream channel and adjacent lands which are subject to the base flood flooding. R. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. S. Floodway fringe means that portion of a floodplain which is not floodway. T. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. U. Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles. 35 6 Flood Hazard Regulations Amend KCC 14.09 V. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. W. No net fill means that if any fill is brought on to a site for the construction of a structure or access road then an equal amount of soil/material will be removed from the site. Fill must be obtained from the same site, to the extent practicable. The soil removed must be from within the boundaries of the site, to the extent practicable, and from with the special flood hazard area. If not practical, soil could be removed from property in the immediate vicinity and within the special flood hazard area. X. New construction means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter. Y. “Recreational Vehicle” means a vehicle, which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Z. Special flood hazard area means those land and water areas identified by the Federal Insurance Administration in a report entitled The Flood Insurance Study for King County, Washington and Incorporated 36 7 Flood Hazard Regulations Amend KCC 14.09 Areas, dated September 30, 1989, with accompanying pages on file with King County or the department of public works of the city. AA. Start of construction includes substantial improvement, and means the date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include submission of an application for development, land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. BB. Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. CC. Substantial improvement means any repair, remodeling, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the appraised fair market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration 37 8 Flood Hazard Regulations Amend KCC 14.09 of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a recognized state or local inventory of historic places. SECTION 2. – Amendment. Section 14.09.060, entitled “Basis for establishing the areas of special flood hazard,” of the Kent City Code is amended as follows: Sec. 14.09.060. Basis for establishing the areas of special flood hazard. The basis for establishing the area of special flood hazard is tThe areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated June 16, 1995, with accompanying flood insurance maps and any subsequent revisions thereto (the “flood insurance study”), which is hereby adopted by reference and declared to be a part of this chapter as if stated verbatim; or the use of best available data as defined in this chapter. The flood insurance study is on file and available for examination at the office of the department of public works. SECTION 3. – Amendment. Section 14.09.150, entitled “Designation of local administrator,” is amended as follows: 38 9 Flood Hazard Regulations Amend KCC 14.09 Sec. 14.09.150. Designation of local administrator. The public works director or his/her designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. Duties of the administrator shall include, but not be limited to: A. Permit review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied. 2. Review all permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. 3. Review all permits to determine if the proposed development is located within a floodway. If proposed development is located within a floodway, ensure that KCC 14.09.180 is enforced. B. Use of other base flood data (in A and V zones). 1. When base flood elevation data has not been provided (A and V zones) in accordance with KCC 14.09.060, the public works director or his/her designee shall obtain, review and reasonably utilize any best available data, base flood elevation and floodway data available from a federal, state or other source to administer this title. C. Information to be obtained and maintained. 1. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in KCC 14.09.140, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. 39 10 Flood Hazard Regulations Amend KCC 14.09 2. For all new or substantially improved floodproofed structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in KCC 14.09.140: a. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed; and b. Maintain floodproofing certifications required pursuant to this chapter. 3. c. Maintain for public inspection all records pertaining to the provisions of this chapter. D. Alteration of watercourses. 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Insurance Administration. 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. Interpretations of FIRM boundaries. Make interpretations where needed, as to exact location of boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the actual boundary shall be given reasonable opportunity to appeal the interpretation as provided for in KCC 14.09.210. SECTION 4. – Amendment. Section 14.09.170, entitled “Specific standards,” is amended as follows: 40 11 Flood Hazard Regulations Amend KCC 14.09 Sec. 14.09.170. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in KCC 14.09.060 or 14.09.140, the following provisions are required: 1. Residential construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one (1) foot or more above base flood elevationto the flood protection elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed areas subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than one (1) foot above grade. iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated one (1) foot or more above the level of the base flood elevationto the flood protection elevation; or, together with attendant utility and sanitary facilities, shall: 41 12 Flood Hazard Regulations Amend KCC 14.09 a. Be floodproofed so that below one (1) foot above the base flood levelto the flood protection elevation so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.09.150(C)(2); d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section; e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g., a building floodproofed to one (1) foot above the base flood level will be rated as at the base flood level). 3. Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three (3) feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. 42 13 Flood Hazard Regulations Amend KCC 14.09 4. Manufactured homes. All manufactured homes to be placed or substantially improved within zones A1 – 30, AH, and AE on the community’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one (1) foot or more above the base flood elevationis at the flood protection elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of KCC 14.09.160 (1)(b). 5. Recreational vehicles. Recreational vehicles placed on sites are required to meet all applicable provisions of the Kent City Code. If allowed by code, recreational vehicles are required to either: a. Be onsite for fewer than one hundred eighty (180) days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c. Meet the requirements of KCC 14.09.160(1) and the elevation and anchoring requirements for manufactured homes. 6. Drainage around structures. Adequate drainage paths are required around structures on slopes to guide waters around and away from proposed structures. SECTION 5. - Amendment. Chapter 14.09 of the Kent City Code, regarding Flood Hazard Regulations is amended to add a new section 14.09.175, entitled “Compensatory Storage,” as follows: 43 14 Flood Hazard Regulations Amend KCC 14.09 Sec. 14.09.175. Compensatory storage. There is hereby established a “Compensatory Storage” section as follows: A. Except as provided in subsection (B) of this section, within the floodplain of the areas of special flood hazard, the following provisions apply: 1. Applicants shall provide onsite replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of the base flood discharge. Encroachments include fill, new construction, substantial improvements, and other development. No net fill in the floodway fringe shall be allowed. 2. If an applicant seeks to provide off site replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of base flood discharge, the applicant must submit certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, and the offsite replacement location must be located within the same watershed that the encroachment is occurring. 3. If subsection (1) or (2) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170. B. Within the lower Mill Creek floodplain delineated on the Flood Insurance Rate Map Panels 969, 1232, and 1251 as a floodway: 1. Applicants shall provide onsite replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of the base flood discharge. An alternative is to construct such that no net fill is placed on site. 44 15 Flood Hazard Regulations Amend KCC 14.09 2. If an applicant seeks to provide off site replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of base flood discharge, the applicant must submit certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, and the offsite replacement location must be located within the same watershed that the encroachment is occurring. 3. If subsection (1) or (2) of this section is satisfied, all residential construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170 SECTION 6. – Section 14.09.180 entitled “Floodways,” is amended as follows: Sec. 14.09.180. Floodways. Within the floodway of the areas of special flood hazard, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and repairs, reconstruction, or improvements to a structure, the cost of which does not exceed fifty (50) percent of the 45 16 Flood Hazard Regulations Amend KCC 14.09 market value of the structure either before the repair, reconstruction, or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty (50) percent determination. 3. If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170. SECTION 7. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. – Effective Date. This ordinance shall take effect and be in force thirty (30) days from passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 46 17 Flood Hazard Regulations Amend KCC 14.09 PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. 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) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\FloodHazardRegulations1409.docx 47 This page intentionally left blank. 48 PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Phone: 253-856-5500 Fax: 253-856-6500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Kent, WA 98032-5895 Date: January 20, 2009 Date: January 20, 2009 To: Chair Deborah Ranniger and Public Works Committee Members To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 PW Committee Meeting Date: January 26, 2009 From: Michael Mactutis, P.E., Environmental Engineering Manager From: Michael Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Through: Larry Blanchard, Public Works Director Subject: Northwest Hydraulic Consultants-Analysis of Levee Alternatives- Contract Subject: Northwest Hydraulic Consultants-Analysis of Levee Alternatives- Contract Motion: Move to recommend authorization for the Mayor to sign a contract with Northwest Hydraulic Consultants not to exceed $49,802 to conduct analyses of levee alternatives to reduce the negative effects of recent FEMA mapping of potential flooding in the Lower Green River Valley, subject to terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Summary: The Federal Emergency Management Agency (FEMA) is in the process of updating the Flood Insurance Rate Maps (FIRMs) for the Green River Valley. Preliminary FIRMs were issued in September, 2007 which showed the floodplain encompassing much of the entire valley. The City participated with King County and the other valley cities in an appeal of the Preliminary FIRMs in March, 2008. FEMA is currently evaluating the appeal documents. The appeal documents showed the flood hazard area smaller than shown in FEMA’s Preliminary FIRM, but still significantly larger than the current flood hazard area. The Federal Emergency Management Agency (FEMA) is in the process of updating the Flood Insurance Rate Maps (FIRMs) for the Green River Valley. Preliminary FIRMs were issued in September, 2007 which showed the floodplain encompassing much of the entire valley. The City participated with King County and the other valley cities in an appeal of the Preliminary FIRMs in March, 2008. FEMA is currently evaluating the appeal documents. The appeal documents showed the flood hazard area smaller than shown in FEMA’s Preliminary FIRM, but still significantly larger than the current flood hazard area. The reason for the drastic increase in the status of the Green River Levees, which were built prior to existing federal Levee Design Standards and do not meet those standards. Consequently, FEMA is required to map the flood hazard areas as if the levees have failed. The reason for the drastic increase in the status of the Green River Levees, which were built prior to existing federal Levee Design Standards and do not meet those standards. Consequently, FEMA is required to map the flood hazard areas as if the levees have failed. The City is investigating alternative solutions to reconstruct the Green River Levees. Northwest Hydraulic Consultants performed the modeling and prepared the documentation for the FEMA appeal and is able to investigate the technical merits of alternative levee configurations to provide flood protection to portions of the Kent Valley area. This proposed contract would provide for them to assist the City in that effort. The City is investigating alternative solutions to reconstruct the Green River Levees. Northwest Hydraulic Consultants performed the modeling and prepared the documentation for the FEMA appeal and is able to investigate the technical merits of alternative levee configurations to provide flood protection to portions of the Kent Valley area. This proposed contract would provide for them to assist the City in that effort. U:\PWCommittee\ActionPage\2009\012609SouthNWHydraulicsConsultContractLeveeAnalysis.doc 49 This page intentionally left blank. 50 51 52 53 54 55 56 57 58 59 60 61 This page intentionally left blank. 62 63