HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 1/19/2016adccW11411
Mayor Suzette Cooke
Council President Bill Boyce
Councilmembers
Jim Berrios
Tina Budell
Brenda Fincher
Dennis Higgins
Dana Ralph
Les Thomas
City of Kent
Council MeetingAgenda
January 19, 2016
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KENT CITY COUNCIL AGENDAS
January 19, 2016
Council Chambers
Mayor Suzette Cooke
Council President Bill Boyce
Councilmember Jim Berrios Councilmember Tina Budell
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Dana Ralph Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Fireworks - Draft Ordinance Pat Fitzpatrick 60 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Historical Note from Kent’s 125th Anniversary
B. Public Recognition
C. Reappointment to the Land Use and Planning Board
D. Community Events
E. Public Safety 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 Workshops – Approve
B. Payment of Bills – Approve
C. W. Gowe Street – 4th Ave S. to 6th Ave. S. Drainage – Accept as Complete
D. Agreement with Puget Sound Energy for South 228th Street Project –
Approve
E. Council Respect Action Plan – Adopt
F. Park and Open Space Comprehensive Plan Amendment – Resolution –
Adopt
(Continued)
COUNCIL MEETING AGENDA CONTINUED
G. Code Enforcement Abatement Liens – Ordinance – Adopt
H. Reappointment to the Land Use and Planning Board - Confirm
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
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) Fireworks – Draft Ordinance, Pat Fitzpatrick
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Historical Note from Kent’s 125th Anniversary
B) Public Recognition
C) Reappointment to the Land Use and Planning Board
D) Community Events
PUBLIC COMMUNICATIONS CONT.
E) Public Safety Report
F) Intergovernmental Reports
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 H.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular council meeting of
December 8, 2015, the special meeting of December 15, 2015 and the workshop
of January 5, 2016.
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Kent City Council Workshop Minutes
December 8, 2015
The workshop meeting was called to order at 5:06 p.m. by Council President Ralph.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, and Higgins
Kent Performance Project – Chief Administrative Officer Derek Matheson discussed
the Kent Performance Project. He highlighted the initiatives and efforts the City has
undertaken the past few years to enhance services to Kent residents. Matheson
highlighted the Lean events that have occurred in the City and the positive results that
have derived from them. He introduced Steven Thomson and noted that he is currently
a consultant with the City working on the code enforcement process and further
enhancing the public records request process. He communicated next steps and noted
that there needs to be a person, staff or consultant, identified to develop this program
as the City moves forward.
Councilmember Boyce communicated that these terms are very familiar to him and he
believes that it is key to have one person focusing on this. He stated that he is
impressed with this and stated that this is a good thing. He added that he was pleased
with the resident portion of this and is glad that obtaining information from the
residents is included.
Councilmember Higgins wondered what the Council can do to assist with this effort. He
added that the Council will look at budget and inquired if a resolution would help move
this forward.
Matheson appreciated the strong support from Councilmember Higgins and noted that
a resolution would be great.
Council President Ralph thanked Matheson for this opportunity to have all the
departments work together to avoid silos. She noted that it is important to reach out
to the community and hear what they need.
Councilmember Berrios thanked Matheson for the presentation. He said this signals
that the City is intent on moving in the right direction to be a unified team.
Councilmember Higgins noted that the dashboard should be on the City’s website and
cross referenced. He noted that it needs to be a tool for the residents to use.
Riverbend Property Marketing – Jeff Watling, Parks, Recreation and Cultural
Services Director introduced the item and presented the background of the Riverbend
Golf Complex and the golf fund.
Seth Heikkila, Senior Vice President of Jones Lang LaSalle Capital Markets Group
presented a background of the company.
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Matt Kemper, Vice President of Jones Lang LaSalle Capital Markets Group discussed
successful projects that their company has handled over the years and noted that a
mixed use multifamily project would serve the property the best. He displayed pictures
of the Six Oaks Apartments in Bothell, WA, Tivalli Apartments in Lynnwood, WA, and
Spencer 68 Apartments in Kenmore, WA and noted that these are examples of what
should be built here in Kent.
Heikkila discussed amenities such as ground floor retail and other aspects that
residents are desirous of.
Council President Ralph discussed the integration of public space on the site and
inquired how it would be done with a development such as this. Heikkila replied that
the Six Oaks Apartment project featured a stream and a walking trail and this project
is going to take a special developer to ensure such amenities are included.
Kemper added that it is Jones Lang LaSalle’s job to ensure the correct developer is
chosen and those that don’t want to partner with the City are weeded out. He added
that a retail space with a tie with the sports community would also do well.
Heikkila communicated that the resident of today is the 20 and 30 year old
professional that wants social interaction, smaller footprints, and to be able to walk to
get groceries.
Councilmember Higgins communicated that it makes sense to him to model and
market this development to golf professionals.
Councilmember Fincher stated that this looks like a good opportunity for green
builders and questioned what the top amenities are in the marketplace. Kemper
replied that a rooftop deck, community rooms, bicycle storage, a bicycle recreation
room, a dog station, weight room, and a theater are the top amenities. He noted that
he wouldn’t be surprised if the project didn’t have some type of LEED qualifications.
Council President Ralph said this multifamily project needs to be viable 30 years from
now and Kemper replied this type of developer keeps reinvesting their funds in its
properties to keep them viable and up-to-date.
Heikkila communicated that investors who fund projects like this understand that the
price point is over $100 million and they are high quality developments.
Ben Wolters, Economic and Community Development Director highlighted the next
steps of this process which are to have the City enter the market in January and have
a completed deal in front of the Council by July. He highlighted the selection criteria
and who the members of the City’s advisory group would be.
Emergency Management Update – Dominic Marzano, Emergency Management
Director communicated that a supervisor and three planners have been chosen to work
directly with the oil train group and that the ECC has been activated to Level 3 due to
flooding in the City. He communicated that the Office of Emergency Management has
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created an Executive Playbook for disasters and major event response and provided a
copy for the Councilmembers.
Council President Ralph suggested the Council attend the next Emergency Coordination
Center activation event on December 16, 2015.
Meeting adjourned at 6:23 pm.
Ronald F. Moore, MMC
City Clerk
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Kent City Council Meeting Minutes
December 8, 2015
The regular meeting of the Kent City Council was called to order at 7:02 p.m. by
Mayor Cooke.
Councilmembers present: Ralph, Berrios, Boyce, Fincher and Higgins
CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief
Administrative Officer Derek Matheson removed item 11A, Executive Session, Property
Negotiations. Councilmember Higgins added item 7X, an excused absence of
Councilmember Ranniger.
PUBLIC COMMUNICATIONS
A. Historical Note from Kent’s 125th Anniversary – Zachary E. VanTassel,
Executive Director of the Greater Kent Historical Society presented “Home for the
Holidays: 1895 Edition.”
B. Public Recognition
a. Deborah Ranniger – Mayor Cooke stated that this was going to be
Councilmember Deborah Ranniger’s final Council meeting but she was absent due to
the passing of her husband last night. She added that there will be a celebration of
Councilmember Ranniger and her accomplishments on the Council and in the City on
January 5 at 6:30 p.m.
Council President Ralph encouraged everyone to attend the January 5 Council meeting
to celebrate Councilmember Ranniger.
b. Dominic Marzano – Mayor Cooke and Council President Ralph thanked and
recognized Dominic Marzano, Emergency Management Director who retires from the
City on February 29, 2016.
c. National Fastpitch Tournament Recognition – Jeff Watling, Parks,
Recreation and Cultural Services Director introduced Mike Raven, Amateur Softball
Association (ASA) who presented the City the James Ferrell Award.
C. Presentation to the Kent Food Bank – Jeniece Choate, Executive Director of the
Kent Food Bank was present to receive a check from the City’s Giving Campaign event
and online food drive.
D. Green Business of the Year Presentation – Gina Hungerford, Conversation
Specialist announced that the Green Business of the Year Award was won by NetIG.
E. Re-appointment to the Parks & Recreation Commission – Mayor Cooke noted
that the Commission is meeting tonight and reappointed Randy Furukawa, Dan
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Barrett, Jaleen Roberts, and Braden Seims to the Kent Parks and Recreation
Commission.
F. Appointment to the Kent Arts Commission – Mayor Cooke communicated that
Hal O’Brien has been appointed to the Kent Arts Commission. O’Brien discussed his
arts background.
G. Community Events – Mayor Cooke thanked the Lions Club for volunteering for the
Christmas Parade and the City’s Tree Lighting event last Saturday night.
Councilmember Fincher recognized the Arts Commission for the Second City comedy
event and introduced Dr. Nyla Rosen who spoke concerning “COLORSTRUCK”, an
event occurring on Saturday at Kent-Meridian High School at 7:30 p.m.
Council President Ralph announced the upcoming events at the ShoWare Center. She
noted that the Thunderbirds are playing on December 11 and 12 with the Harlem
Globetrotters returning in February.
H. Economic and Community Development Report – Ben Wolters, Economic and
Community Development Director discussed “Meet me on Meeker.” He said the project
is moving into the next phase and staff is meeting with the consultant firm to analyze
traffic and determine how a new design could create a sense of place along the
corridor. He communicated that OMAK Training Center in Kent is expanding and
presented a target group of retail companies that the City staff is targeting to recruit
to move here.
I. Intergovernmental Reports – Council President Ralph attended the Regional Law
Safety and Justice Committee meeting and the discussion was on homelessness. She
read a statement concerning the status of homelessness.
Councilmember Higgins noted that the Sound Cities Association Board of Directors
approved the Executive Directors “package” and thanked Deanna Dawson, the chair of
the Board. He noted that the budget was also approved. He communicated that he has
resigned his position on the board. Additionally, he noted that Council President Ralph
has placed her name in the hat for a board position. Councilmember Higgins also
added that there is no Regional Transit Committee meeting in December but a meeting
in the next couple weeks with the Sound Cities Association caucus members to work
on a long range plan.
Councilmember Berrios stated that the Puget Sound Regional Council Economic
Development District Board met and reviewed the Economic Development Priorities for
2016, scheduled to be approved in March. He highlighted that it was great to see
where we are at as a region in terms of major industries. He noted that aerospace and
information technology are the two leading job markets nationally.
Councilmember Fincher noted that the King Conservation District has a countywide
survey going on concerning agricultural products. She also noted that information
concerning the upcoming native plant sale is on their website. She communicated that
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there is a reception for the King Conservation District from 4 - 6 p.m. at the Sno-
Valley Senior Center next Wednesday.
Councilmember Boyce noted that there was no Sound Cities Association (SCA) Public
Issues Committee (PIC) meeting and thanked Councilmember Higgins for his work on
SCA. He stated that there is a PIC meeting tomorrow to recommend the 2016 schedule
and choose a new chair and vice chair.
Council President Ralph thanked the Councilmembers for their service on regional
committees and boards.
PUBLIC HEARING
No public hearing.
PUBLIC COMMENT
1. Far Ghoddoussi, Kent – Ghouddoussi thanked Mayor Cooke for her assistance in
his land use issue and thanked the Council for their support. He asked the Council to
consider a code amendment concerning platting. He presented his proposed code
amendment to the Council.
2. Dr. Nyla Rosen, Kent – Rosen discussed the Institute for Community Leadership.
She highlighted the program and mission of the organization. She encouraged the
Council and community to nominate young people for scholarships to attend their
training sessions.
Mayor Cooke pointed out that the Cultural Community Committee is looking for two
youth members.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar items A through
X, seconded by Councilmember Boyce. Motion carried 5-0.
A. Approval of the Minutes – Approve. The minutes of the regular council meetings
of October 20, 2015 and November 3, 2015.
B. Approval of Bills – Approve. Bills received through October 31 and paid on
October 31 after auditing by the Operations Committee on November 17, 2015.
C. Re-appointment to the Parks & Recreation Commission – Confirm. The
council confirmed the reappointment of Randy Furukawa, Dan Barrett, Jaleen Roberts
and Braden Seims to the Kent Parks and Recreation Commission.
D. Appointment to the Kent Arts Commission - Confirm. The council confirmed
the appointment of Hal O’Brien to the Kent Arts Commission to fill a vacant seat for
remaining two-year term.
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E. Excused Absence for Dennis Higgins for November 18, 2015 Meeting -
Approve. The Council approved an excused absence for Councilmember Higgins as he
was unable to attend the City Council meeting of November 18, 2015.
F. Excused Absence for Les Thomas for the December 8, 2015 Meeting –
Approve. The Council approved an excused absence for Councilmember Thomas as
he is unable to attend the City Council meeting of December 8, 2015.
G. North Park Pedestrian Improvements – Accept as Complete. The Mayor was
authorized to accept the North Park Drainage Improvements project as complete and
release retainage to Miles Resources, LLC, upon receipt of standard releases from the
state and the release of any liens.
H. 2016 Administrative Services Contract Renewal with Blue Cross –
Authorize. The Mayor was authorized to sign the Premera Blue Cross 2016
administrative services contract renewal subject to approval of final terms and
conditions by the City Attorney.
I. 2016 Contract Renewal with Group Health Cooperative – Authorize. The
Mayor was authorized to sign the Group Health Cooperative of Puget Sound contract
renewal subject to approval of final terms and conditions by the City Attorney.
J. 2016 Stop Loss Renewal with LifeWise Assurance Company – Authorize.
The Mayor was authorized to sign the LifeWise Assurance Company 2016 stop loss
renewal subject to approval of final terms and conditions by the City Attorney.
K. Lodging Tax Advisory Committee Board Member Expansion Ordinance –
Adopt. Ordinance No. 4176 was adopted, amending Chapter 2.54 of the Kent City
Code, entitled “Lodging Tax Advisory Committee,” to increase the number of
committee members from seven to nine.
L. Ordinance Amending the Capital Facilities Element of the Comprehensive
Plan for the 2016 – 2021 Capital Improvement Plan – Adopt. Ordinance No.
4177 was adopted, amending the Capital Facilities Element of the Comprehensive Plan
for the 2016-2021 Capital Improvement Plan.
M. Ordinances Amending the Comprehensive Plan/Capital Facilities Element
and Updating the Kent City Code Chapter 12.13 School Impact Fees – Adopt.
Ordinance Nos. 4177and 4179 were adopted, updating the Capital Facilities Element of
the Kent Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the
2015/16 - 2020/21 Capital Facilities Plans of the Kent, Federal Way, Auburn and
Highline School Districts with updated School Impact Fees.
N. Substantial Need Ordinance – Adopt. Ordinance No. 4180was adopted,
adopting the substantial need ordinance for the 2016 budget.
O. Property Tax Ordinance – Adopt. Ordinance No. 4181was adopted, adopting
the property tax levy and ordinance for the 2016 budget.
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P. 2015 – 2016 Mid-Biennium Budget Modification Ordinance – Adopt.
Ordinance No. 4182 was adopted, enacting the 2015-2016 mid-biennium budget
modification ordinance.
Q. Ordinance Amending Kent City Code Chapter 2.34.050, Municipal Judge
Salaries and Costs – Adopt. Ordinance No. 4183 was adopted, amending Section
2.34.050 of the Kent City Code regarding municipal judge salaries and costs.
R. 2015-2018 Amendment to the City of Kent and the Kent Fire Department
Regional Fire Authority Interlocal Agreement – Authorize. The Mayor was
authorized to enter into an amended interlocal agreement with the Kent Fire
Department Regional Fire Authority subject to final terms and conditions acceptable to
the Chief Administrative Officer and City Attorney.
S. 2016 Legislative Agenda – Approve. The City of Kent’s 2016 State Legislative
Agenda was adopted.
T. Cultural Communities Advisory Board Ordinance – Adopt. Ordinance No.
4184 was adopted, repealing existing Chapter 2.56 of the Kent City Code and enacting
a new Chapter 2.56 to create a “Cultural Communities Board.”
U. 2015 Emergency Management Performance Grant – Accept. The Mayor was
authorized to accept and sign the Emergency Management Performance Grant from
the Washington Military Department/Emergency Management Division and the U.S.
Department of Homeland Security, in the amount of $81,876, sign all necessary grant
documents, amend the budget, and authorize expenditure of the funds in accordance
with final grant terms and conditions acceptable to the City Attorney.
V. SAMHSA Drug Free Communities Grant - Accept. The Mayor was authorized to
sign the Drug Free Communities Support Program Grant from the Substance Abuse
and Mental Health Services Administration in the amount of $125,000, amend the
budget, and authorize expenditure of the grant funds in accordance with the grant’s
terms and conditions.
W. Resolution – Salmon Recovery Funding Board - Adopt. Resolution No. 1918
was adopted, in support of the City’s application for grant funding assistance for
salmon recovery projects to the Salmon Recovery Funding Board.
X. Excused Absence for Deborah Ranniger for December 8, 2015 Meeting -
Approve. The Council approved an excused absence for Councilmember Ranniger as
s he is unable to attend the City Council meeting of December 8, 2015.
OTHER BUSINESS
BIDS
A. Guiberson Reservoir Joint Sealing Project – Award. Tim LaPorte, Public Works
Director communicated the reasoning for the project and noted that there were two
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bids received and the low bidder is a local company. He stated this work will give the
City some time to complete the Guiberson Reservoir replacement.
Councilmember Higgins moved to award the Guiberson Reservoir Joint
Sealing Project to Northwest Linings & Geotextile Products in the amount of
$124,191.07 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 5-
0.
B. Armstrong Springs Motor Control Center & Generator Updates – Award. Tim
LaPorte, Public Works Director highlighted the project and noted that this upgrade has
been desired for a long time.
Councilmember Higgins moved to award the Armstrong Springs Motor Control
Center and Generator Upgrades project contract to SCF General Contractors,
LLC, in the amount of $420,899.39 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 5-0.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. – Council President Ralph announced the 33rd Annual
Christmas Rush and noted that the event will be held at Hogan Park at Russell Road
this Saturday. She also noted that the Game of Life Conference is next week and is a
leadership conference for the youth. Additionally, she stated that the “Shop with a
Cop” event was last week and 30 children had the opportunity to shop with police
officers for Christmas gifts for themselves or family members.
Council President Ralph noted that Chief Administrative Officer Matheson presented
the Kent Performance Project which highlighted the performance management efforts
going on within the City to increase efficiency, cohesion, and improve customer
service. The second presentation was on the marketing of the Riverbend Golf Course.
She noted that a request for qualifications will go in for the marketing of the property
for possible sale in May. She noted that it looks like a multi-family development is the
best use of the property. She added that an advisory group will be established to begin
discussing the project further. She noted that the final item was a presentation from
Dominic Marzano on Emergency Management in the City.
B. Mayor. – Mayor Cooke highlighted that Sergeant Bill Blowers is the City’s
December Employee of the Month. She added that Bill is responsible for all the training
of the Kent Police Department.
Mayor Cooke thanked Council President Ralph for their work with the Puget Sound
Regional Council Executive Board which led to the City being able to retain the $3
million grant for the grade separation project on 228th.
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Councilmember Boyce moved to have the letter from Far Ghoudoussi a part of
the record, seconded by Council President Ralph. Motion carried 5-0.
C. Chief Administrative Officer. – Chief Administrative Officer Derek Matheson
announced that the Newly Elected Councilmember Orientation is on December 15 at 3
p.m. and the CAO Report for December 8 is in the packet. He noted that there will be
a 15 minute Executive Session for Collective Bargaining as per RCW 42.30.140(4).
D. Economic & Community Development Committee. – Councilmember Boyce
communicated that restaurants, J.P. Taphouse and The Habit, have both opened in the
Lake Meridian area in Kent.
E. Operations Committee. – No report.
F. Parks and Human Services Committee. – Councilmember Fincher
communicated that the Parks and Human Services Committee met last week and there
was discussion about the Cultural Communities Committee. She stated that the Chair
of the Parks and Recreation Commission also presented what they have been working
on. Finally, she stated that the Parks Open Space plan was discussed.
G. Public Safety Committee. – No report.
H. Public Works Committee. – In the minutes.
I. Regional Fire Authority. – No report.
EXECUTIVE SESSION
A. Collective Bargaining, as per RCW 42.30.140(4).
At 8:29 p.m., Mayor Cooke announced that the Council would recess into an Executive
Session for fifteen minutes to discuss collective bargaining, per RCW 42.30.140(4)(a).
At 8:44 p.m., the Executive Session concluded and Mayor Cooke reconvened the
regular meeting.
ACTION AFTER EXECUTIVE SESSION
None.
ADJOURNMENT
The meeting adjourned at 8:46 p.m.
Ronald F. Moore, MMC
City Clerk
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Kent City Council Special Meeting Minutes
December 15, 2015
The workshop meeting was called to order at 3:16 pm by Council President Ralph.
Councilmembers present: Ralph, Berrios, Boyce, Budell, and Fincher.
Opening Remarks – Mayor Cooke and Council President Ralph provided opening
remarks and welcomed the Councilmembers to the meeting. Council President Ralph
highlighted the role and responsibilities of the Council President.
General Presentations – Chief Administrative Officer Derek Matheson welcomed the
Council to the first Councilmember orientation. He discussed the agenda and how the
meeting would progress. Matheson presented the City’s overall organizational
structure and reviewed the City’s state and regional involvement.
City Attorney Tom Brubaker highlighted the structured government portion of the
presentation and discussed the roles of the legislative body in a city. Brubaker
reviewed Council meetings and all aspects of them. He discussed ethics, the Open
Public Meetings Act (OPMA), and the Public Records Act. Brubaker communicated his
role as the City Attorney.
Department Presentations – Chief Administrative Officer Derek Matheson
highlighted the Administration Department. He reviewed the Administration
Department structure, its top ten current and future projects, state and regional
involvement, and which advisory groups the department supports.
RECESS
The meeting was recessed at 4:52 p.m.
The meeting reconvened at 5:22 p.m.
Aaron BeMiller, Finance Director presented the Finance Department, to include the
organizational chart, responsibilities, top ten current and future projects, state and
regional involvement, and the advisory groups Finance supports. He reviewed a few of
the financial challenges facing the City.
Glenn Philips, Presiding Judge at the Kent Municipal Court presented the Court. He
noted that Judge Karli Jorgensen and Court Administrator Margaret Yetter were in the
audience. He communicated the responsibility of the Court, highlighted the Court staff,
its top ten current and future projects, state and regional involvement, and supported
advisory groups.
Councilmember Thomas asked for the amount the Court has in collections. Yetter
responded that she would provide the information to the Council in a report.
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Judge Philips communicated that the Court processes over 8,000 safety camera tickets
and the workload is manageable, even with the two new cameras installed in the City.
Councilmember Thomas confirmed that the marijuana related DUI cases and search
warrants relating to them have increased in the City.
Police Chief Ken Thomas highlighted the Police Department. He discussed the
department makeup and its top ten current and future projects. Thomas reviewed the
department’s state and regional group involvement and the advisory groups it
supports. He reviewed the contracts the department manages for services the
department provides and receives.
Jeff Watling, Parks, Recreation and Community Services Director stated that the
department is made up of six divisions and communicated the top current and future
projects, state and regional involvement, and which advisory groups the department
supports. Watling reviewed the services and contracts the department manages.
Tom Brubaker, City Attorney communicated the responsibilities of the Law
Department. He highlighted his department’s structure and cited his top eight projects.
Brubaker communicated the department state and regional involvement and the
contracts the department manages.
Councilmember Budell inquired what a franchise fee was and Brubaker responded that
it is what the City charges a utility to use the City’s streets.
Chris Hills, Interim Human Resource Director highlighted the Human Resource
Department. He presented the responsibilities of the department and noted the top ten
current and future projects. He reviewed the state and regional involvement and the
contracts the department manages.
Mike Carrington, Information Technology Director presented the Information
Technology Department. He highlighted the department’s structure, FTEs, and division
responsibilities. He communicated the top ten projects in the department. He
discussed state and regional associations his department was involved in and the
contracts managed by his department.
Councilmember Fincher inquired if the City is doing or has ever done a “hack-a-thon”
and Carrington replied that the City is currently leveraging two organizations to do
such an event.
Ben Wolters, Economic and Community Development Director discussed his
department. He said the department is made up of 39 employees in five divisions. He
communicated the department responsibilities. He noted the department’s top ten
current and future projects. He communicated the state and regional organizations and
advisory groups the department is involved with. He highlighted the contracts his
department oversees.
Tim LaPorte, Public Works Director discussed the Public Works Department. He
communicated the top ten current and future projects. He communicated the
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department responsibilities and the state and regional organizations and advisory
groups the department is involved with. LaPorte communicated the contracts that are
managed in his department.
Councilmember Boyce thanked Council President Ralph for the New Councilmember
Booklet.
Meeting adjourned at 7:31 pm.
Ronald F. Moore, MMC
City Clerk
Kent City Council Workshop Minutes
January 5, 2016
The workshop meeting was called to order at 5:03 p.m. by Council President Ralph.
Councilmembers present: Ralph, Boyce, Budell, Fincher, Higgins, and Thomas
Commercial Embedded Recycling – Public Works Special Projects and
Transportation Manager, Kelly Peterson highlighted the background of the City’s
commercial embedded recycling and solid waste contracting. He noted that the
existing contract is a seven-year contract with two (2) year extensions built in. He
pointed out that the structure contains a collection and disposal component. He
explained the proposed contracts and the available options for each one and that the
staff recommendation for the renewal of the contract for an additional seven years is
included in the Council regular meeting packet.
Councilmember Boyce expressed concerns about the education piece and survey. He
confirmed with Peterson that the education piece informs customers what can and
cannot be placed in their recycling cans. Specifically, Peterson communicated that
mailers and other forms of communication would take place and that the best way to
communicate with commercial customers would be determined in the future.
Public Works Director Tim LaPorte communicated that a consultant would be retained
to determine the best way to execute the survey and education.
Councilmember Higgins favored conducting a survey.
Councilmember Budell inquired how the contamination fee would be implemented and
Peterson replied that the drivers would make note of any violations and work to
educate customers.
Councilmember Fincher added that drivers also take photos of violations.
Councilmember Budell highlighted confusion among residential recycling and Peterson
replied with different strategies to educate residents on recycling.
Councilmember Higgins added that Republic Waste sends out a mini poster to all its
residents at the beginning of each year on what the recycling categories are.
Respect Action Plan – Interim Human Resources Director Chris Hills presented the
2016 Council Respect Action Plan.
Chief Administrative Officer Derek Matheson recommended suggestions from Mayor
Cooke. He announced Mayor Cooke’s recommended revisions to the plan.
Councilmember Boyce recommended that if any Councilmember goes to any training
or conference that they provide a brief to the rest of the Council upon their return.
Kent City Council Workshop Meeting Minutes
2
Councilmember Higgins thanked the staff for their hard work on this and stated that
this is a milestone.
Council President Ralph recommended that the changes be implemented and the plan
be placed on the consent agenda.
Meeting adjourned at 5:47 pm.
Ronald F. Moore, MMC
City Clerk
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Agenda Item: Consent Calendar 7B_
7B. Approval of Bills:
Approval of payment of the bills received through December 15 and paid on
November 30 and December 15 after auditing by the Operations Committee on
January 5, 2016.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/30/2015 Wire Transfers 6467 - 6480 $1,426,089.50
11/30/2015 Regular Checks 698609 - 698951 $5,865,160.83
Void Checks ($3,320.22)
11/30/2015 Use Tax Payable $488.69
$7,288,418.80
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/15/2015 Wire Transfers 6481 - 6504 $2,197,572.69
12/15/2015 Regular Checks 698952 - 699410 $2,151,931.20
Void Checks ($0.00)
12/15/2015 Use Tax Payable $4,076.44
$4,353,580.33
Approval of checks issued for payroll for November 16 through November 30 and
paid on December 4, 2015:
Date Check Numbers Amount
12/4/2015 Checks none $0.00
Voids and Reissues
12/4/2015 Advices 357562 - 358348 $1,776,981.57
$1,776,981.57
Approval of checks issued for payroll for December 1 through December 15 and
paid on December 18, 2015:
Date Check Numbers Amount
12/18/2015 Checks none $0.00
Voids and Reissues
12/18/2015 Advices 358349 - 359154 $1,407,487.74
$1,407,487.74
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Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: January 19, 2016
SUBJECT: W. Gowe Street – 4th Ave S. to 6th Ave. S. Drainage – Accept as
Complete
SUMMARY: This project consisted of repairing damaged stormwater drainage
facilities along West Gowe Street between 4th Avenue South and 6th Avenue South.
City crews removed street trees flush with the ground prior to this project
commencing. Street tree stumps were removed and new trees planted. One new catch
basin was added with 35’ of stormwater pipe that now ties into the existing City
drainage system. Sections of curb, gutter, sidewalk, driveway, traffic loops and a full
asphalt overlay were also installed. Over 450 tons of asphalt cement pavement was
used to repair heaved and deformed roadway sections and remedy stormwater
ponding.
The awarded amount for this project was $312,030.00 the total paid to R.L. Alia
Company was $347,847.70.
EXHIBITS: N/A
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Funds for this project came from the Storm Drainage Fund.
MOTION: Authorize the Mayor to accept the W. Gowe St. – 4th Ave S. to 6th
Ave. S. Drainage project as complete and release retainage to R. L. Alia
Company upon receipt of standard releases from the state and the release
of any liens.
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Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: January 19, 2016
SUBJECT: Agreement with Puget Sound Energy for South 228th Street Project –
Approve
SUMMARY: The South 228th Street Grade Separation project will construct an
overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the
conflict between vehicles and trains. The bridge will also span across the Interurban
Trail located within Puget Sound Energy right of way. This project is the third and final
phase of the South 228th Street corridor, connecting the valley with I-5 and the future
509 connection.
Under this agreement Puget Sound Energy will design for the relocation of the
overhead transmission system to accommodate the new bridge.
EXHIBITS: Engineering Services Agreement with Puget Sound Energy
RECOMMENDED BY: Public Works Director
YEA: Fincher, Ralph, Higgins NAY: N/A
BUDGET IMPACTS: This will paid for using the State funds awarded through the
“Connect WA.” Program.
MOTION: Authorize the Mayor to sign an Engineering Services Agreement
with Puget Sound Energy in an amount not to exceed $208,510 to provide
Engineering services for the relocation of their transmission facilities for
the South 228th Street Union Pacific Grade Separation project, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
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Agenda Item: Consent Calendar – 7E_
TO: City Council
DATE: January 19, 2016
SUBJECT: Council Respect Action Plan – Adopt
SUMMARY: This plan was developed by Council subcommittee and presented at
Council workshop. Agreement was reached at that time to submit on consent calendar
for the January 19, 2016, Council Meeting.
EXHIBITS: Council Respect Action Plan
RECOMMENDED BY: Council
YEA: N/A NAY: N/A
BUDGET IMPACTS: None
MOTION: Adopt the Council Respect Action Plan as presented, discussed
and approved at Council Workshop on January 5, 2016.
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Agenda Item: Consent Calendar – 7F_
TO: City Council
DATE: January 19, 2016
SUBJECT: Park and Open Space Comprehensive Plan Amendment – Resolution –
Adopt
SUMMARY: Strategic goals of the City Council include: Create Neighborhood Urban
Centers; Create Connections for People and Places; Foster Inclusiveness; and Beautify
Kent. The update to the 2010 Park & Open Space Plan (the “Plan") will address these
strategic goals.
The State of Washington Recreation and Conservation Funding Board distributes a
number of grants pertaining to parks and recreation. Eligibility for the grants is based,
in part, on having a state-approved parks comprehensive plan, which must be
updated every six years. RCW 36.780A.120 requires Kent to perform its activities and
make capital budget decisions in conformity with its comprehensive plan; thus the
master plan for parks must be consistent with and incorporated into the Kent
Comprehensive Plan.
In order to be eligible for the next round of grants, the City must update its Park Plan
and incorporate it into the Kent Comprehensive Plan outside of the annual
comprehensive plan update cycle. The State’s Growth Management Act (GMA) and
Kent City Code require a declaration of an emergency to amend the Kent
Comprehensive Plan outside the annual update cycle.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios, Boyce NAY:
BUDGET IMPACTS: None
MOTION: Adopt Resolution No. , declaring an emergency to
pursue an amendment to the Kent Comprehensive Plan to incorporate the
Park Plan.
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RESOLUTION NO. _______
A RESOLUTION of the city council of the
city of Kent, Washington, declaring an emergency
and proposing an amendment to the Kent
comprehensive plan, separately from the annual
cycle, to incorporate the Park and Open Space Plan
into the comprehensive plan.
RECITALS
A. Pursuant to the Growth Management Act (GMA), the Kent
comprehensive plan provides for planning activities and capital budget
decisions that are consistent with the comprehensive plan. RCW 36.70A.120.
B. The city council’s strategic goals include the creation of
neighborhood urban centers, connections for people and places, fostering
inclusiveness, and beautifying Kent.
C. The Parks and Recreation Element of the 2015 Kent
Comprehensive Plan anticipated that an update to the Park and Open Space
Plan would be completed in 2016.
D. The city council instead desires to proceed now with an update to
the existing Park and Open Space Plan, adopted by the city council on May 4,
2010, to reflect current park and open space opportunities.
1 Comprehensive Plan Amendment
Park Plan
Emergency Resolution
E. The GMA requires that the city establish procedures governing
amendments to the comprehensive plan that limit amendments to once each
year unless certain circumstances exist. RCW 36.70A.130(2). The city has
established a procedure for amending the comprehensive plan in Chapter
12.02 of the Kent City Code (KCC) that permits amendments in addition to the
standard annual update if an emergency exists. An emergency is defined as an
issue of community-wide significance that promotes the public health, safety,
and general welfare of the city of Kent. KCC 12.02.010(A).
F. On January 11, 2016, the Economic and Community Development
Committee moved to direct staff to update the Park and Open Space Plan.
G. The city council finds that consideration of proposed amendments
to the comprehensive plan through revision of the Park and Open Space Plan is
an issue of community-wide significance that promotes the public health,
safety, and general welfare of the city of Kent; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recitals. The recitals above are incorporated herein by
this reference.
SECTION 2. – Emergency. The update to the existing Park and Open
Space Plan, adopted by the city council on May 4, 2010, constitutes an issue of
community-wide significance that promotes the public health, safety, and
general welfare in accordance with the definition of an emergency as set forth
in KCC 12.02.010(A). The city council, therefore, declares that an emergency
exists and authorizes staff and the Land Use and Planning Board to process this
2 Comprehensive Plan Amendment
Park Plan
Emergency Resolution
amendment to the comprehensive plan outside the annual amendment process
in KCC 12.02.030.
SECTION 3. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 4. – Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASSED at a regular meeting of the city council of the city of Kent,
Washington this _____ day of___________, 2016.
CONCURRED in by the mayor of the city of Kent, this _____ day
of_______________, 2016.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
3 Comprehensive Plan Amendment
Park Plan
Emergency Resolution
I hereby certify that this is a true and correct copy of Resolution No.
________ passed by the city council of the city of Kent, Washington, the
_____ day of______________, 2016.
RONALD F. MOORE, CITY CLERK (SEAL)
P:\Civil\Resolution\Comp Plan Incorporate Park Plan.doc
4 Comprehensive Plan Amendment
Park Plan
Emergency Resolution
Agenda Item: Consent Calendar – 7G_
TO: City Council
DATE: January 19, 2016
SUBJECT: Code Enforcement Abatement Liens – Ordinance – Adopt
SUMMARY: This ordinance will enhance Kent’s ability to fairly and effectively address
dwellings, buildings, structures, premises or portions of premises that are unfit for
human habitation or other uses with substantial assurance that the City can recoup its
costs incurred by abating these buildings and properties.
From time to time, City staff become aware of dwellings that are unfit for human
habitation as well as buildings, structures, and premises that are unsafe for use
because dilapidation and structural defects have increased the chance of fire,
accidents, or other calamities. Problems such as inadequate ventilation, uncleanliness,
inadequate light or sanitary facilities, inadequate drainage, overcrowding, and other
conditions that are harmful to the health and welfare of the residents are not
uncommon. Unfortunately, the owners of those properties are often unwilling or
unable to correct these conditions.
When these conditions are discovered and voluntary compliance efforts fail, the City is
authorized to abate the problem. The City may attempt to recoup abatement costs
from the owner by filing a lien against the property. However, abatement liens are
junior to other creditor’s liens, and are not an effective means for the City to recover
its costs. This ordinance will advance the City’s abatement liens to be of equal rank
with state, county, and municipal taxes.
EXHIBITS: Ordinance
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Ralph NAY:
BUDGET IMPACTS: None
MOTION: Adopt Ordinance No. , amending the Kent City Code to
repeal the City’s adoption of the Uniform Code for the Abatement of
Dangerous Buildings, and adopting a new chapter 14.02, entitled “Unfit
Dwellings, Buildings, and Structures” to create an additional enforcement
tool for code violations involving unfit dwellings, buildings, and structures.
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ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending the Kent City
Code to repeal the City’s adoption of the Uniform
Code for the Abatement of Dangerous Buildings by
amending sections 14.01.010 and repealing
section 14.01.080, to adopt a new chapter 14.02,
entitled “Unfit Dwellings, Buildings, and
Structures” to create an additional enforcement
tool for code violations involving unfit dwellings,
buildings, and structures, and amending sections
14.08.040, 14.08.060, and 14.08.200 to reference
the newly adopted chapter 14.02.
RECITALS
A. The city council finds that there are, within the city of Kent,
dwellings that are unfit for human habitation, and buildings, structures,
and premises or portions of premises that are unfit for other uses due to
dilapidation, disrepair, structural defects, defects increasing the hazards of
fire, accidents, or other calamities, inadequate ventilation and
uncleanliness, inadequate light or sanitary facilities, inadequate drainage,
overcrowding, or other conditions that are harmful to the health and
welfare of the residents of the City. Unfortunately, the owners of those
properties are often unwilling or unable to correct these conditions.
B. Chapter 35.80 of the Revised Code of Washington (“RCW”)
authorizes cities to adopt ordinances enabling them to address these
1 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
conditions fairly, effectively, and with substantial assurance that the city
can recover its costs incurred to abate these conditions. The City adopts
this ordinance so that staff can use the code enforcement process provided
for within Chapter 35.80 RCW to eradicate dwellings and other buildings or
structures that are unfit or otherwise harmful.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 14.01.010. Section 14.01.010 of
the Kent City Code, entitled “Building codes—Adopted,” is amended to
repeal the City’s prior adoption of the Uniform Code for the Abatement of
Dangerous Buildings as follows:
Sec. 14.01.010. Building codes – Adopted. In accordance with
Chapter 19.27 RCW, the following codes (collectively, the “building codes”)
together with any additions, deletions, and exceptions currently enacted or
as may be amended from time to time by the state of Washington through
its Building Code Council pursuant to the Washington Administrative Code
(“WAC”), and as further amended in this chapter, are adopted by
reference:
A. The International Building Code, 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-50
WAC.
B. The International Existing Building Code, 2012 Edition, published by
the International Code Council, Inc., but its application is limited as
provided for in Chapter 34 of the International Building Code, and as
amended pursuant to WAC 51-50-480000 through 51-50-481500.
2 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
C. The International Residential Code, 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-51
WAC.
D. The International Mechanical Code, 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-52
WAC.
E. The Uniform Plumbing Code, 2012 Edition, published by the
International Association of Plumbing and Mechanical Officials, including
the Uniform Plumbing Code Standards (Appendices A, B, and I to the
Uniform Plumbing Code) as amended pursuant to Chapter 51-56 WAC.
F. The Uniform Housing Code, 1997 Edition, published by the
International Conference of Building Officials.
G. The Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, published by the International Conference of Building Officials.
H. G. The International Energy Conservation Code, 2012 Edition,
published by the International Code Council, Inc., as amended pursuant to
Chapters 51-11C and 51-11R WAC.
I. H. The International Property Maintenance Code, 2012 Edition,
published by the International Code Council, Inc., including the Boarding
Standard (Appendix A to the International Property Maintenance Code).
One (1) copy of each of these codes is on file with the city’s building
official.
SECTION 2. – Amendment - New Chapter 14.02 KCC. Title 14 of
the Kent City Code is amended by adding a new chapter 14.02, entitled
“Unfit Dwellings, Buildings, and Structures,” to read as follows:
3 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
Chapter 14.02
Unfit Dwellings, Buildings, and Structures
Sec. 14.02.010. Findings and Purpose. Pursuant to Chapter
35.80 of the Revised Code of Washington (RCW), the city council finds that
dwellings exist within the city of Kent that are unfit for human habitation.
When all or any portion of buildings, structures, and premises become
unfit for their intended uses due to dilapidation; disrepair; structural
defects; defects increasing the hazards of fire, accidents or other
calamities; inadequate ventilation; uncleanliness; inadequate light or
sanitary facilities; inadequate drainage; overcrowding; or other conditions,
they are harmful to the health, safety, and welfare of the city’s residents.
The purpose of this chapter is to implement the process and to
acquire and exercise the powers authorized by Chapter 35.80 RCW to
address conditions such as those described above that render dwellings,
buildings, structures, and premises in the city unfit.
The purpose of this chapter is not to create or otherwise establish or
designate any particular class or group of persons who will or should be
especially protected or benefited by the terms of this chapter.
Sec. 14.02.020. Definitions. The definitions contained in KCC
1.04.020 and KCC 14.08.020 will also apply to this chapter. In addition,
the following words, terms, and phrases, when used in this chapter, will
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
A. Abandoned means any property, real or personal, that is unattended
and either open or unsecured so that, in the case of real property,
admittance may be gained without materially damaging any portion of the
property, or which reasonably appears not to be presently possessed by
4 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
any person. Examples of real or personal property that may reasonably
appear abandoned include, without limitation, dwellings, buildings,
structures, and other premises where utilities are disconnected, debris is
accumulated, uncleanliness or disrepair is evident, or where items of
personal property are located in places where those items are not normally
kept or used.
B. Appeals Commission means the office of the hearings examiner as
created in Chapter 2.32 KCC.
C. Boarded-up building means any unoccupied building the exterior of
which is closed by extrinsic materials or devices installed on a long-term,
rather than brief temporary basis, giving to the building the appearance of
non-occupancy or non-use for an indefinite period of time. Appendix A of
the International Property Maintenance Code (IPMC), adopted for use and
enforcement within the city, provides criteria that regulates how dwellings,
buildings, and structures may be properly secured against unlawful entry,
and otherwise maintained to protect the public health, safety, and welfare
and the provisions and purposes of this chapter.
D. Building means all or any portion of any building, dwelling,
structure, mobile home, or factory-built house built for the support,
shelter, or enclosure of persons, animals, chattels, or property of any kind.
E. Costs means the city’s actual expenses incurred to correct illegal
conditions pursuant to the provisions of this chapter, plus any applicable
administrative fee.
F. Director means the city’s director of the Economic and Community
Development Department or the director’s designee.
G. Imminent danger means an immediate exposure or liability to
injury, harm, or loss.
5 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
H. Improvement officer means the person authorized by the director to
conduct a review hearing pursuant to this chapter.
I. Nuisance means: (a) a nuisance defined by statute or ordinance; (b)
a nuisance at common law, either public or private; (c) an attractive
nuisance, whether realty, fixture, or chattel, in or on a building, a building
premises, or an unoccupied lot, that might reasonably be expected to
attract children and constitute a danger to them, including without
limitation, abandoned wells, ice boxes or refrigerators with doors and
latches, shafts, basements or other excavations, abandoned or inoperative
vehicles or other equipment, structurally unsound fences or other fixtures,
lumber, fencing, vegetation or other debris; (d) uncleanliness or other
condition that is dangerous to human life or detrimental to health; (e)
overcrowding; or (f) abandoned as defined in this chapter.
J. Subject property means the dwelling, building, structure, or
premises that is the subject of investigation or an enforcement action
pursuant to this chapter.
K. Unfit means a dwelling, building, structure, or premises that has any
or all of the defects enumerated in KCC 14.02.080 and is therefore unfit
for human habitation or other uses.
L. Value means the amount assessed upon a dwelling, building,
structure, or premises for purposes of general taxation.
Sec. 14.02.030. Duties of the code enforcement officer. The
code enforcement officer’s duties and powers include:
A. Investigating dwellings, buildings, structures, or premises the
officer, pursuant to this chapter, has reasonable grounds to believe are
unfit; and
6 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
B. Preparing, serving, and posting of notices and orders according to
the provisions of this chapter regarding subject properties that the officer
has reasonable grounds to believe, pursuant to this chapter, are unfit; and
C. Doing all things necessary and proper to carry out and enforce this
chapter.
Sec. 14.02.040. Duties of the improvement officer. The
improvement officer’s duties and powers include:
A. Conducting review hearings pursuant to RCW 35.80.030 to consider
notices and orders issued by code enforcement officers with other evidence
that may be received from code enforcement officer or other parties and
persons; and
B. Preparing, serving and posting a Summary of Decision, including
findings of fact in support of the improvement officer’s determination,
pursuant to KCC 14.02.140(D); and
C. Doing all things necessary and proper to carry out and enforce this
chapter.
Sec. 14.02.050. Duties of the hearing examiner. The hearing
examiner is the appeals commission for purposes of this chapter. In
addition to the powers conferred through ch. 2.32 KCC, the Hearing
Examiner shall:
A. Conduct administrative hearings pursuant to KCC 14.02.170 to
consider notices and orders issued by the code enforcement officer or the
improvement officer together with other evidence that may be received
from the improvement officer, code enforcement officer, or other parties
and persons, and where appropriate, affirm, modify, or overturn the
notices and orders by written decision; and
7 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
B. Do all things necessary and proper to carry out and enforce this
chapter.
Sec. 14.02.060. Rules and regulations. The director may
establish rules and procedures to reasonably and fairly administer the
provisions and achieve the purposes of this chapter. The improvement
and code enforcement officers shall recognize and give appropriate effect
to special and extenuating circumstances that, in order to do substantial
justice in specific cases, warrant the exercise of discretion to adjust the
timeframes, standards, and other provisions of this chapter. Examples of
circumstances that may warrant an exercise of discretion include without
limitation: medical illness or disability affecting the ability of the person
responsible for the violation to respond to orders or appear at hearings,
and bona fide insurance coverage disputes that create a definite risk that
enforcement of this chapter would unfairly result in a substantial economic
loss to the property owner or the person responsible for the violation.
The building official, improvement officer, or code enforcement
officer is authorized to exercise all powers, consistent with the provisions
of this chapter that may be necessary or convenient to reasonably and
fairly achieve its purposes. When authorized by consent of the owner or
other party in possession of a subject property, or if consent to enter
either cannot be requested because the owner or party in lawful
possession is not available, or consent to enter is refused or revoked, and
when authorized by judicial warrant or other legal authority, the building
official, code enforcement officer, or designee, may enter upon a subject
property to investigate violations or to enforce the provisions of this
chapter. When authorized entry occurs, the building official, code
enforcement officer, or designee, will take reasonable steps to minimize
inconvenience to persons in lawful possession of the property.
8 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
Sec. 14.02.070. Determination of unfitness. The code
enforcement officer, improvement officer, or hearing examiner may
determine that a dwelling, building, structure, or premises are unfit if
conditions exist in the dwelling, building, structure, or premises that are
dangerous or injurious to the health or safety or welfare of the occupants
of the dwelling, building, structure, or premises, the occupants of
neighboring dwellings, or other residents of the city.
Sec. 14.02.080. Standards for determination of unfitness.
Dwellings, buildings, structures, or other premises that have any or all of
the following defects may be deemed dangerous or unfit:
A. Interior walls or other vertical structural members that list, lean, or
buckle to an extent that a plumb line passing through the center of gravity
falls outside the middle third of its base.
B. Dwellings, buildings, and structures that, exclusive of the
foundation, show 33 percent or more of damage or deterioration of the
supporting member or members, or 50 percent of damage or deterioration
of the non-supporting enclosing or outside walls or covering.
C. Dwellings, buildings, and structures that have improperly distributed
loads upon the floors or roofs, or in which are overloaded, or which have
insufficient strength to be reasonably safe for the purpose used.
D. Dwellings, buildings, and structures that have become damaged by
fire, wind, or other causes so as to have become dangerous to the
occupants or to the general public health, safety, or welfare.
E. Dwellings, buildings, and structures that have become or are so
dilapidated or decayed or unsafe or unsanitary that they are unfit, or are
likely to cause sickness or disease, so as to work injury to those living or
who may enter within or to the general public health, safety, or welfare.
9 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
F. Dwellings, buildings, and structures that have inadequate light, air,
or sanitation facilities, including the lack of running potable water, to
protect those who live or who may enter within or to protect the general
public health, safety, or welfare.
G. Dwellings, buildings, and structures that do not comply with the
applicable fire code for means of egress in case of fire or panic or that
have insufficient stairways, elevators, fire escapes, or other means of
escape.
H. Dwellings, buildings, and structures that have attached parts that
may fall and injure any person or damage any property.
I. Dwellings, buildings, and structures that, because of their condition,
are unsafe or unsanitary, or dangerous to those living or who may enter
within or the general public health, safety, or welfare.
J. Dwellings, buildings, and structures that have any exterior cantilever
wall, or parapet, or appendage attached to or supported by an exterior
wall of the building located adjacent to a public way or to a way set apart
for exit from a building or passage of pedestrians, if that cantilever,
parapet, or appendage is not so constructed, anchored, or braced as to
remain wholly in its original position in event of earthquake capable of
producing a lateral force equal to 0.2 of gravity.
K. Dwellings, buildings, and structures that in whole or in part are
erected, altered, remodeled, or occupied contrary to the ordinances
adopted by the city and create a risk of harm to person or property.
L. Dwellings, buildings, and structures that have any exterior wall
located adjacent to a public way or to a way set apart for exit from a
building or passage of pedestrians, if that wall is not so constructed,
10 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
anchored, or braced as to remain wholly in its original position in event of
an earthquake capable of producing a lateral force equal of 0.2 of gravity.
M. Premises that constitute a public nuisance pursuant to KCC 8.01.030
and are dangerous or injurious to the occupants, the occupants of
neighboring premises, or the general public health, safety, or welfare.
N. Premises that have any number of unsecured vehicles, cars, trucks,
bikes, farm equipment, construction equipment, boats, trailers,
snowmobiles, jet skis, or other machinery or implements that meet the
definition of junk vehicle provided in KCC 8.08.020 and that create a risk
of harm to person or property.
O. Premises that are unsecured and unsafe due to conditions that pose
a hazard or attractive nuisance including without limitation sink holes,
exposed underground vaults, pipes or wires, trenches, unstable slopes, or
hazardous materials.
P. Developed premises that have over 50 percent of the area covered
in blackberries or other noxious vegetation constituting a nuisance under
KCC 8.07.050.
Sec. 14.02.090. Standards for repair, vacation, or demolition.
The following standards shall be followed in substance by the improvement
officer and the hearing examiner when ordering repair, remediation,
vacation, or demolition of dwellings, buildings, structures, or premises:
A. If the dangerous or unfit dwelling, building, structure, or premises
can reasonably be repaired or remedied so that it will no longer exist in
violation of the terms of this chapter, the improvement officer or hearing
examiner shall order repair or remediation.
11 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
B. If the estimated cost to repair the dangerous or unfit dwelling,
building, structure or premises is 50 percent or more of the current
assessed value, it will be demolished.
C. If the dangerous or unfit dwelling, building, structure, or premises
cannot be reasonably repaired or remedied so that it will no longer exist in
violation of the terms of this chapter, it will be demolished.
D. If the dangerous or unfit dwelling, building, structure, or premises is
a fire hazard and that condition violates any provision of this chapter or
any other ordinance of the city or the laws of the state, the unfit dwelling,
building, structure, or premises shall be demolished or abated, unless the
owner eliminates the fire hazard within 10 days, but the improvement
officer or hearing examiner, for good cause shown, may grant additional
time to remedy the violation.
Sec. 14.02.100. Security of unoccupied dwellings, buildings,
structures, or premises.
A. The code enforcement officer, improvement officer, or hearings
examiner may determine that an unoccupied property is unfit for reasons
including without limitation:
1. It is not secure against unauthorized entry by children,
trespassers, vagrants, or other persons;
2. It is not secure against infestation by insects or animals;
3. It is not secure against deterioration as a result of exposure
to vandalism, weather, or the elements; or
4. It is inadequately maintained and repaired as evidenced by
broken windows, overgrown vegetation, graffiti, or other conditions.
B. In making this determination, the code enforcement officer will
consider and document with photographs and written accounts the factors
12 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
that in his or her judgment reasonably bear on the determination,
including without limitation:
1. The physical condition of the subject property and whether it
reflects ongoing maintenance and repair, including the presence of broken
windows or evidence of vandalism, overgrown vegetation, the presence of
insect or animal pests, deterioration due to weather or exposure to the
elements, and whether graffiti, when it occurs, is painted over promptly.
2. The length of time the subject property has been unoccupied.
3. The subject property is being actively marketed for sale or
lease.
4. Other facts that demonstrate that the subject property has
been or will likely be subject to hazards and circumstances contrary to the
public health, safety, and welfare.
5. Other considerations established by this chapter.
C. In addition to any other powers authorized by this chapter, the
improvement officer may order the person responsible for the violation to
perform any or all of the following on or before a stated compliance
deadline:
1. Secure all exterior openings of the subject property in
accordance with Appendix A of the International Property Maintenance
Code, or if the property owner requests otherwise in writing, by using
alternative materials or methods that the code enforcement officer or
improvement officer determines are adequate to make the dwellings,
buildings, structures, premises weather-tight and secure against
unauthorized entry.
2. To disconnect all utilities including electricity, gas, and water.
3. To remove any graffiti and to keep the property free of
graffiti.
4. To maintain the premises generally free of any vegetation or
other matter that may constitute a nuisance or a fire hazard.
13 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
D. The improvement officer may modify orders issued under KCC
14.02.100(C) from time to time in response to new information or changed
circumstances regarding all or a portion of the dwelling, building,
structures, or premises.
E. The code enforcement officer may monitor compliance of any
unoccupied dwelling, building, structures, or premises that has been the
subject of orders issued under this chapter. Monitoring may include
regular inspections at an interval determined appropriate by the code
enforcement officer based upon the subject property’s violation history.
Sec. 14.02.110. Preliminary investigation. After the city learns
of a dwelling, building, structure, or other premises that may be unfit, the
code enforcement officer will investigate whether the condition exists, and
if so, whether that condition is a violation of this chapter or other provision
of the Kent City Code. This investigation should typically include
reasonable efforts to speak with the owner of the subject property, or the
tenant if the property is rented. The code enforcement officer will make a
record of the investigation, including:
A. Identification of the subject property.
B. Documentation of inspection actions, including relevant dates,
efforts to establish identity of, and contact with owners, tenants, or others
responsible for the violations.
C. Written observations relevant to possible conditions of unfitness,
possibly including diagrams of the building or premises and photographs.
D. The officer’s conclusion of whether the dwelling, building, structure,
or other premises is unfit and the officer’s reasons for that conclusion.
14 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
If the code enforcement officer determines no violation exists, the officer
will note that determination for the record and the matter will be
concluded. The code enforcement officer will notify the owner or other
person responsible for the violation, or other persons who have requested
notice of the officer’s determination.
Sec. 14.02.120. Notice and order—Contents. If, after
preliminary investigation, the code enforcement officer determines that a
dwelling, building, structure, or other premises is unfit, the officer will
serve, according to the provisions of KCC 1.04.060, a notice and order that
will state, identify, or describe:
A. The subject property including at least the property address and
county assessor’s tax parcel number.
B. The condition(s) on the subject property that is illegal or that
renders one or more dwellings, buildings, structures, or premises unfit;
C. The actions needed to correct the non-compliant condition(s);
D. The deadline for correction of the condition(s), which should allow a
reasonable time for correction and must be set at least 48 hours before the
matter will be presented at a hearing before the improvement officer;
E. The cost or administrative fees that may be charged to the person
responsible for the violation as a consequence of the described non-
compliant conditions, as described in KCC 14.02.190;
F. The place and date where and when the matter will be presented to
the improvement officer, which will be at least 10 and not more than 30
days after the notice and order is served or posted.
15 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
G. Advise that at the improvement officer hearing, the improvement
officer will be requested to:
1. Affirm the code enforcement officer’s determination of
unfitness;
2. Authorize the city to proceed to abate the described non-
conforming conditions on the subject property, if those conditions are not
corrected before the deadline or otherwise corrected by the person
responsible for the violation; and
3. Affirm that the owner will pay administrative fees plus the
costs incurred by the city, through the date of the code enforcement
officer’s determination of the non-conforming conditions, together with all
reasonable costs that the city subsequently incurs to abate the non-
conforming conditions, together with all administrative fees incurred for
the subsequent abatement.
H. That all parties responsible for the violation shall be given the right
to file an answer to the notice and order, to appear in person or otherwise,
and to give testimony at the time and place for the improvement officer’s
review stated in the notice and order;
I. That city policy allows the improvement officer to waive the city’s
costs or administrative fees, or both, for a first offense if the non-
conforming conditions are corrected at least 48 hours prior to the
improvement officer’s hearing;
J. Invite the cooperation of the person(s) responsible for the violation
and inform the violator(s) that city policy allows first offenders to negotiate
a voluntary correction agreement consistent with the provisions of KCC
1.04.070 in which, among other things, the person responsible for the
violation:
1. Admits that the non-conforming condition(s) exist(s);
16 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
2. Promises to correct the non-conforming condition(s) by an
agreed deadline;
3. Understands that he or she: (i) may refuse consent to enter,
(ii) may limit the scope of any consent to enter to certain areas, (iii) may
withdraw at any time any consent to enter once consent is given, (iv) must
allow entry by representatives of the city or persons under contract with
the city to correct any non-conforming condition(s) that the violator fails to
correct by the required deadline; and (v) acknowledges that any evidence
discovered during the consent to entry may be used against the person
responsible for the violation in the existing proceeding or in other
proceedings, including criminal proceedings; and
4. Agrees to pay the city’s costs to abate the illegal conditions if
the owner fails to abate, pursuant to KCC 14.02.190.
K. If the subject property is lawfully occupied by someone other than
the person responsible for the violation and if the person(s) responsible for
the violation has not corrected the violations by the required deadline, no
voluntary correction agreement will be offered unless the persons lawfully
occupying the property also consent to entry by either the city or persons
under contract with the city to correct the illegal condition(s);
L. Advise the violator(s) that if the non-conforming conditions are not
timely corrected, the city may pursue the matter further by civil or criminal
enforcement, or both, in addition to further proceedings authorized under
this chapter; and
M. Advise the violator(s) that city policy is to criminally prosecute
repeat offenders.
Sec. 14.02.130. Service of notice and order—Filing with
county auditor. If, after a preliminary investigation of any dwelling,
building, structure, or premises, the code enforcement officer determines
17 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
that it is unfit, he or she will serve, all parties responsible for the violation,
either personally or by certified mail, return receipt requested. The officer
must also post at one or more conspicuous places on the subject property,
a copy of the notice and order stating, in accordance with the provisions of
Section 14.02.120, in what respects the dwelling, building, structure, or
premises is unfit. If the whereabouts of the violator(s) is unknown and
cannot be ascertained by the officer in the exercise of reasonable diligence,
and the officer makes an affidavit to that effect, then the serving of the
notice and order upon the violator(s) may be made either by personal
service or by mailing a copy of the notice and order by certified mail,
postage prepaid, return receipt requested, to each violator at the address
of the building involved in the proceedings, and mailing a copy of the
notice and order by first class mail to any address of each violator in the
records of the county assessor or the county auditor. A copy of the notice
and order must also be filed with the county recorder’s office, and filing the
notice and order shall have the same force and effect as other lis pendens
notices provided by law.
Sec. 14.02.140. Improvement officer hearing to review
notice and order.
A. Unless, prior to the time fixed in the notice and order for a hearing
before the improvement officer, the property owner has entered into a
voluntary correction agreement, or city staff have determined that the
nonconforming conditions have been corrected, the improvement officer
will hold a hearing to review the notice and order and determine the
immediate disposition of any nonconforming conditions existing at the
subject property. The hearing will be canceled if the code enforcement
officer approves the completed corrective action at least 48 hours before
the scheduled hearing, and the code enforcement officer will provide notice
of satisfactory correction to the owner, complainants, and other interested
18 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
persons, and to the county recorder’s office if a notice of the enforcement
action was previously filed.
B. The improvement officer shall conduct a hearing pursuant to any
rules adopted by the director. The rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the improvement
officer. The code enforcement officer, the person(s) subject to the
violation, and other parties entitled to be served with the notice and order
may participate as parties in the hearing, and each party may call
witnesses. The city has the burden of demonstrating by a preponderance
of the evidence that the subject property is unfit and that the required
corrective action stated in the notice and order is reasonable. When
considering the evidence, the code enforcement officer’s determination of
unfitness and order to correct nonconforming conditions shall be accorded
substantial weight.
C. If the cited violator or other parties fail to appear at the scheduled
hearing, the improvement officer may affirm the notice and order by
finding that the subject property is unfit as determined by the code
enforcement officer. The improvement officer may further authorize the
city to assess costs and administrative fees according to the provisions of
this chapter.
D. If persons appear and provide testimony, then the improvement
officer will consider evidence and argument submitted by the code
enforcement officer, the party responsible for the violation, and the
complainant(s). The improvement officer will then determine whether the
subject property is unfit for human habitation or other use and, if so
determined, issue a summary of decision according to the provisions of
this section. Within 5 business days following the date of hearing, the
summary of decision shall be served, either personally or by certified mail,
with return receipt requested, upon the person responsible for the violation
19 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
and other persons entitled to notice of the notice and order, and shall be
posted in a conspicuous place on the subject property. The summary of
decision will include at least the following:
1. Findings of fact in support of the improvement officer’s
decision affirming the notice and order; and
2. Either:
a. That the compliance deadline under the notice and
order was reasonable and has passed without satisfactory correction of the
illegal conditions; or
b. That the compliance deadline under the notice and
order should be extended until a date certain by which time the illegal
conditions must be corrected.
3. An accounting of the city’s costs and administrative fees
which, as of the date of the hearing, have been incurred as a consequence
of the illegal conditions, and that those costs and fees will be charged to
the owner and shall be specially assessed and shall constitute a lien
against the real property if they are not paid timely.
4. Direction that, after exhaustion of any appeal rights, if the
owner or responsible parties fail to comply with the notice and order as
confirmed by the improvement officer, the city may, with judicial warrant
or other legal authority, directly or by private contract, correct the illegal
conditions, and the costs incurred by the city for that correction, including
administrative fees as authorized by this chapter, will be charged to the
person determined to be responsible for the violation and will be specially
assessed and that special assessment will constitute a lien against the real
property if not paid timely.
E. The summary of decision shall state that the person responsible for
the violation is entitled to appeal the improvement officer’s decision to the
hearing examiner within 30 days and, unless he or she does appeal or
correct the illegal conditions, the city has the power, when authorized by
20 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
judicial warrant or other legal authority, to secure the subject property, to
do any act required of the person responsible for the violation in the notice
and order, to charge costs and administrative fees incurred to correct the
illegal conditions to the person responsible for the violation, and to assess
those costs and fees against the property.
F. If no appeal is filed, a copy of the summary of decision will be filed
with the recorder’s office of King County and the notice and order will be
final.
Sec. 14.02.150. Enforcement. The summary of decision may
prescribe times other than times stated in the notice and order within
which correction of nonconforming conditions must be commenced or
completed. If the required corrective action is not commenced or
completed within the prescribed time, or if no time is prescribed within the
time for appeal, the code enforcement officer may, after the period for
appeal has expired, begin the legal process to obtain a warrant to abate
the nonconforming conditions. If satisfactory progress has been made and
sufficient evidence is presented that the nonconforming conditions will be
corrected within a reasonable time, the code enforcement officer or
improvement officer may extend the time for completion of the work. If
the time for appeals to the hearing examiner under KCC 14.02.170 and
petition to the court under KCC 14.02.180 has passed, the person
responsible for the violation may, for good and sufficient cause beyond his
or her control, request in writing an extension of time. The improvement
officer may grant a reasonable extension of time only if the officer finds
that the delay was due to extenuating circumstances beyond the control of
the person responsible for the violation, as evidenced by supporting
documentation or other reliable information. There shall be no appeal or
petition from the improvement officer’s ruling on an extension of time.
21 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
Sec. 14.02.160. Appeal of improvement officer’s decision.
A. The owner or any party responsible for the violation, as those terms
are defined in KCC 1.04.060, may file an appeal of the improvement
officer’s decision within 30 days from the date of service and posting. The
appeal must be filed with the director.
B. Appeals shall be in writing, be accompanied by an appeal fee as set
by the city council, and contain the following information:
1. Appellant’s name, address, phone number, and email
address;
2. Appellant’s statement describing his or her standing to
appeal;
3. Identification of the summary of decision which is the subject
of the appeal;
4. Appellant’s statement of grounds for appeal and the facts
upon which the appeal is based;
5. The relief sought, including the specific nature and extent;
and
6. A statement affirming that the appellant has read the appeal
and believes the contents to be true, followed by the appellant’s signature.
C. Any appeal of the improvement officer’s decision will be heard by
the city’s hearing examiner. Notice of the time and place of the hearing
shall be served by regular first class mail to the address of the party who
filed the appeal. The matter of the appeal will be scheduled for public
hearing before the hearing examiner so as to allow 10 days’ notice of the
hearing to the appellant and all responsible parties and to permit final
decision thereon to be made within 60 days after the filing of the appeal.
The filing of the notice of appeal shall stay the notice and order as
confirmed by the improvement officer, except so much thereof as requires
22 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
temporary measures, such as securing of a building to minimize any
emergent danger to the public health or safety.
Sec. 14.02.170. Hearings before the hearing examiner.
A. Upon timely appeal, the hearing examiner shall review the
proceedings and decisions of the improvement officer and determine
whether to affirm, modify, or vacate those decisions.
B. The hearing examiner’s review shall be on the record as prepared
before the improvement officer, not de novo. In the absence of new
information or changes in circumstances outside the parties’ control, the
hearing examiner will not accept new evidence or evidence not made
available to the improvement officer. At the appeal hearing, the hearing
examiner shall consider the file of the proceedings before the improvement
officer and such other evidence as the hearing examiner may permit in
accordance with this section. Unless other rules or guidelines are set by
the hearing examiner at the time of the hearing, each party will be given
15 minutes to present oral argument to the hearing examiner.
C. The hearing examiner shall review the record, oral argument of the
parties and such supplemental evidence as is permitted under KCC
14.02.170(B). The hearing examiner may grant relief only if the party
seeking relief has carried the burden of establishing that one of the
following standards has been met:
1. The improvement officer or code enforcement officer engaged
in unlawful procedure or failed to follow a prescribed process, unless the
error was harmless;
2. The improvement officer’s decision is an erroneous
interpretation of the law;
23 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
3. The improvement officer’s decision is not supported by
evidence that is substantial when viewed in light of the whole record
before the hearing examiner;
4. The improvement officer’s decision is a clearly erroneous
application of the law to the facts;
5. The improvement officer’s decision is outside the authority or
jurisdiction of the improvement officer;
6. The improvement officer’s decision or the code enforcement
officer’s notice and order violates the constitutional rights of the party
seeking relief; or
7. Special and extenuating circumstances exist that, in order to
do substantial justice, warrant the grant of relief from the improvement
officer’s summary of decision.
D. After the hearing, the hearing examiner may affirm, modify, or
vacate the decision of the improvement officer, or may continue the
matter for further deliberation or presentation of additional evidence.
E. A record of the proceedings shall be made and kept in accordance
with the state records retention schedule and applicable to local
governments.
F. The hearing examiner shall prepare a written order that contains
findings of fact and conclusions of law based on the record before the
hearing examiner that includes the following information:
1. For each alleged violation of the city code, a statement
indicating whether the violation has been found committed;
2. For violations found committed, the monetary penalties and
costs to be assessed pursuant to this chapter;
3. For violations found committed, any required corrective
actions;
24 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
4. For violations found committed, a finding that abatement of
the violations by the city is authorized, at the expense of the violator(s);
5. A statement notifying the violator(s) that the violator(s) may
be subject to additional civil and/or criminal penalties if the violation(s) is
not corrected or abated.
6. A statement that the violator(s) has the right to petition the
King County superior court for appropriate relief within 30 days from the
date the order was issued.
G. The hearing examiner’s findings, conclusions, and order shall be
served upon the same persons in the same manner as the summary of the
improvement officer’s decision.
H. The hearing examiner must file the order within 60 days after the
filing of a notice of appeal, unless continued with consent of the owner or
occupant.
I. The appeal hearing will be recorded and a copy of the recording will
be made available to the violator or other party. Should the violator or
other party request a transcript of the appeal hearing, in lieu of the
recording, a transcript will be made available at the requestor’s expense.
J. The findings, conclusions, and orders of the hearing examiner on
appeals of decisions issued by the improvement officer shall be reported in
the same manner and shall bear the same legal consequences as if issued
by the improvement officer, and shall be subject to review only in the
manner and to the extent provided in KCC 14.02.180.
Sec. 14.02.180. Appeals to superior court. Pursuant to KCC
14.02.170, any person affected by the hearing examiner’s order may,
within 30 days after the posting and service of the order, petition the
superior court for an injunction restraining the city from carrying out the
provisions of the order.
25 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
Sec. 14.02.190. Costs of abatement and administrative fees.
A. The costs of abatement, repair, alteration, or improvement, or
vacating and closing, or removal or demolition, when those actions are
performed at the city’s cost, will be assessed against the real property
upon which those costs were incurred unless paid within 30 days after
billing by the city, or unless alternative payment arrangements are made
within 30 days after billing. The building official will forward a report of
any unpaid costs of abatement and administrative fees to the city finance
director, who will certify them to the county treasurer for assessment on
the tax rolls, as provided by RCW 35.80.030(h).
B. The cost of “vacating and closing” as referenced in subsection A will
include:
1. The amount of relocation assistance payments that a property
owner has not repaid to the city or other local government entity that has
advanced relocation assistance payments to tenants under RCW
59.18.085; and
2. All penalties and interest that accrue as a result of the failure
of the property owner to timely repay the amount of these relocation
assistance payments under RCW 59.18.085.
C. The city must use a licensed contractor when bidding to correct
nonconforming conditions. Contract documents must provide that the
value of the materials and other salvage of the property will be credited
against the costs of the corrective action. The contract documents may
require bidders to estimate the salvage value of the property and, by
claiming the salvage, reduce the amount of the contractor’s bid
accordingly. After the city accepts the bid, the contractor may not adjust
the bid to reflect the actual salvage value. Bids may be let prior to the
time for compliance or appeal, but cannot be binding or accepted until the
order for corrective action is final.
26 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
D. In addition to actual abatement costs, the city may assess the
following administrative fees and collect those fees in the same manner as
for the collection of actual abatement costs:
1. If the code enforcement officer approves the abatement
before the improvement officer’s hearing, the administrative fee will be
two hundred dollars ($200.00), except that this fee will not be required for
a first offense if the abatement required in the notice and order is
complete at least 48 hours prior to the improvement officer’s hearing.
2. Where the abatement required in the notice and order is
accomplished less than forty-eight hours before the improvement officer’s
hearing as provided for in KCC 14.02.140, the administrative fee will be
three hundred dollars ($300.00).
3. When abatement is accomplished after breach of a voluntary
correction agreement between the property owner and the city, the
administrative fee will be six hundred dollars ($600.00).
4. Where abatement is accomplished after the issuance of the
improvement officer’s summary of decision or following material breach of
a voluntary correction agreement, the administrative fee will be one
thousand dollars ($1,000).
5. Where abatement is accomplished following the issuance of
the hearing examiner’s order, the administrative fee shall be one thousand
two-hundred-fifty dollars ($1,250).
6. Where abatement is accomplished following the issuance of
an order from the Superior Court or higher appellate court, the
administrative fee will be one thousand five hundred dollars ($1,500).
E. The improvement officer or the hearing examiner may, upon
recommendation from the code enforcement officer, modify the amount,
methods, or time of payment of these administrative fees as the condition
of the property and the circumstances of the owner may warrant. In
determining any adjustments, the hearing examiner may reduce the costs
27 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
to an owner who has acted in good faith and would suffer extreme financial
hardship. The hearing examiner may, upon recommendation from the
code enforcement officer, increase the administrative fees if evidence is
presented in an appeal under KCC 14.02.170 that the scheduled fees are
inadequate to make the city whole with respect to a particular unfit
dwelling, building, structure, or other premises.
Sec. 14.02.200. Assessment and lien on the real property.
A. All costs incurred by the city to abate illegal conditions pursuant to
this chapter, including administrative fees, will be charged against the
owner of the subject property, will be specially assessed, and will
constitute a lien against the subject property unless those amounts are
timely paid.
B. The finance director, or designee, will certify to the county treasurer
any unpaid costs to correct nonconforming conditions as a special
assessment due and owing to the city. Pursuant to RCW 35.80.030, the
county treasurer will enter the amount of the special assessment upon the
tax rolls against the property for the current year and the same will
become a part of the general taxes due for that year and will be collected
at the same time and with interest at the rates and in the manner provided
for in RCW 84.56.020, as now enacted or subsequently amended, for
delinquent taxes. When collected, the proceeds will be deposited to the
credit of the city’s abatement project fund. If the city removes all or part
of the dwelling, building, structure, or premises, the city will, if possible,
sell the materials removed and credit the proceeds against the cost of
removal. If any balance remains, the improvement officer will determine
the appropriate parties to receive the balance, after deducting the city’s
costs and administrative fees incident thereto.
28 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
C. The assessment will constitute a lien against the property that will
be of equal rank with state, county, and municipal taxes.
14.02.210 – Abatement Project Fund.
A. The city council establishes a special revolving fund to be designated
as the abatement project fund. The director may require that payments
from this fund to defray the costs and expenses that the city incurs when
conducting work necessary to abate dangerous or unfit buildings,
structures, or premises.
B. The city council may transfer to the abatement project fund those
sums it determines are necessary to expedite the performance of the work
or repair or demolition. Any sum so transferred will be deemed a loan to
the abatement project fund and will be repaid out of the proceeds of the
collections made to the fund. All funds collected will be paid to the city
and the finance director will credit them to the abatement project fund.
SECTION 3. Amendment – 14.08.040. Section 14.08.040 of the
Kent City Code, entitled “Administration and enforcement” is amended to
read as follows:
Sec. 14.08.040. Administration and Enforcement.
A. It shall be the duty of the building official to enforce the building
codes in the manner generally described in each of the respective building
codes, and as more particularly described in this chapter, Ch. 14.02 KCC,
and in Ch. 1.04 KCC.
B. The obligation of complying with the requirements of the building
codes shall fall upon any person or entity defined under KCC 1.04.020(K)
as a “person responsible for the violation,” and shall expressly include an
29 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
the owner, occupier, or other person responsible for the condition of the
buildings, structures, dwelling units, or premises within the scope of the
building codes.
C. In case of conflict between the provisions of the building codes and
of this chapter, the provisions of this chapter shall be controlling. In the
case of any conflict between this chapter and Ch. 1.04 KCC, this chapter
shall control.
SECTION 4. Amendment – KCC 14.08.060. Section 14.08.060 of
the Kent City Code, entitled “Investigation and Notice of Violation” is
amended to read as follows:
Sec. 14.08.060. Investigation and notice of violation.
A. The building official shall investigate any building, structure,
dwelling unit, or premises which the building official reasonably believes
does not comply with the standards and requirements of the building
codes.
B. If, after investigation, the building official determines that the
standards or requirements of the building codes have been violated, the
building official may seek compliance and serve a notice of violation on a
person responsible for the violation or may otherwise enforce the building
codes pursuant to this chapter, Ch. 14.02 KCC, and Ch. 1.04 KCC.
SECTION 5. Amendment – KCC 14.08.200. Section 14.08.200 of
the Kent City Code, entitled “Violations” is amended to read as follows:
Sec. 14.08.200. Violations.
30 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
A. It shall be unlawful to intentionally fail to comply with a notice of
violation, final order, emergency order, or stop work or stop use order, or
any other notice, complaint or order issued pursuant to this chapter, Ch.
14.02 KCC, or Ch. 1.04 KCC.
B. It shall be unlawful to remove or deface any sign, notice, complaint
or order posted by the building official in accordance with his enforcement
duties under this chapter, Ch. 14.02 KCC, or Ch. 1.04 KCC.
C. It shall be unlawful for any person to intentionally obstruct, impede
or interfere with any lawful attempt to serve any notice of a violation, final
order, emergency order, stop work or stop use order, or any other notice,
complaint or order, or intentionally obstruct, impede or interfere with any
lawful attempt to comply with any notice of violation, final order,
emergency order, or stop work or stop use order, or any other notice,
complaint or order issued pursuant to this chapter, Ch. 14.02 KCC or Ch.
1.04 KCC.
SECTION 6. – Repealer – KCC 14.01.080. Section 14.01.080 of the
Kent City Code, entitled “Amendments to the Uniform Code for the
Abatement of Dangerous Buildings” is hereby repealed in its entirety.
SECTION 7. – Savings. The existing sections of the Kent City Code
that are repealed by this ordinance, KCC 14.01.010(G) and KCC
14.01.080, shall remain in full force and effect until the effective date of
this ordinance.
SECTION 8. – 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.
31 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
SECTION 9. – 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 10. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
32 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
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\35.80_final.docx
33 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
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Agenda Item: Consent Calendar – 7H_
TO: City Council
DATE: January 19, 2016
SUBJECT: Reappointment to the Land Use and Planning Board - Confirm
SUMMARY: It is my privilege to recommend reappointment of Frank A. Cornelius,
Jr., to the Land Use & Planning Board. Mr. Cornelius is a West Hill resident who brings
a wealth of knowledge to the LUPB. Mr. Cornelius has completed his first three-year
term and wishes to continue his service to the City as a member of the LUPB. Mr.
Cornelius’ term of service will expire December 31, 2018.
RECOMMENDED BY: Mayor Suzette Cooke
BUDGET IMPACTS: None
MOTION: Confirm reappointment of Frank Cornelius, Jr., to the Land Use &
Planning Board for an additional three-year term.
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OTHER BUSINESS
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BIDS
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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Page 1 of 5
OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 01/19/16
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, January 19, 2016
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• Mayor Suzette Cooke, Chief Administrative Officer Derek Matheson, Parks Director Jeff
Watling, Senior Financial Analyst and AFSCME member Kathleen Etheredge, and Karras
Consulting’s Dennis Karras interviewed six applicants for human resources director on
January 12.
• City Council retreat facilitator Jim Reid has prepared a very rough draft agenda that he
will finalize in late January. Council Administrative Assistant Jennifer Hays, with support
from the Mayor’s Leadership Team, has begun to create a reference packet that she will
distribute a couple days prior to the February 5-6 retreat.
• New and re-elected City Council members were sworn in at the January 5 Council
meeting. Welcome new councilmembers Tina Budell and Brenda Fincher (formerly
appointed) and re-elected councilmembers Les Thomas, Bill Boyce and Dana Ralph.
Boyce was unanimously elected Council President for a two-year term.
• Deputy City Attorney Pat Fitzpatrick has prepared a detailed memo to help facilitate the
council’s discussion of fireworks at the January 19 council workshop.
• Last month on the City’s website, we had 75,210 visits from 62,265 individual visitors
who views 263,744 pages.
• In November, Michelle Wilmot of Administration and Tricia Callahan of our Information
Technology department, spent some time with a vendor who provides a hosted eAlert
service, GovDelivery. They are now honing in on the differences between what this
company can provide vs. the eAlerts functionality provided by the CMS vendors they’re
reviewing.
ECONOMIC AND COMMUNITY DEVELOPMENT
• Economic Development Division
o Economic and Community Development (ECD) staff and Derek Matheson toured the
Blue Origin headquarters facility in advance of their plans to make several additions
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to the existing offices and manufacturing plant. The company has expanded very
significantly over the last nine years and increased employment in Kent to close to
450 individuals (which staff learned approximately a third of whom live within Kent).
As follow-up, ECD staff will be collaborating with PW staff on employee trip reduction
strategies and other creative solutions to help accommodate this company’s growth
and support the burgeoning outer space industrial cluster in Kent.
o ECD staff met with Andy Lakha of Lakha Investments (Bellevue) and D. Spector-
Scrogham of Premier Centers Management regarding status of Marketplace @ Lake
Meridian center. They expressed gratitude with their experience dealing with the
City of Kent on the successful project and will partner with ECD to recruit and
support tenants to the center. They also expressed an interest in acquiring
additional assets in the area which ECD will support and assist wherever possible.
o EDC staff hosted the new owners of the Panther Lake shopping center, Jay Kerner
and Tina Colacino of U.S. Realty Partners, Inc. (Westlake Village, CA). The real
estate investment company has consolidated the ownership of the center and former
Albertson’s property and will work closely with ECD staff to find a quality tenant to fill
the former Albertson’s and support additional reinvestment in the center. They also
expressed an interest in additional retail asset investment opportunities in the city.
• Planning Services Division
• At their January 28 meeting, Sound Transit’s Board is expected to consider
construction of access improvements (including an additional garage) at the Kent
Station using voter-approved Sound Transit-2 (ST-2) funding rather than funding
which is subject to a future ST-3 vote. If the project is approved by the Board,
staff will be discussing use of Sound Transit’s graveled lot to provide immediate
parking relief before the garage is built.
Staff continues to meet with Sound Transit, adjacent jurisdictions and WSDOT
regarding multi-modal connections to the Kent-Des Moines light rail station in
light of existing and proposed freeways and major arterials in the Midway area.
The conversation includes connections to Highline College, to surrounding
neighborhoods and future transit-oriented development around the station area,
as well as east of I-5, north of Kent-Des Moines Road, and west of SR 99.
• ECD continues to progress with their LEAN review of the Code Enforcement
process. Staff will be meeting in late January and early February with members of
the City’s Neighborhood Councils and the Kent Cultural Diversity Initiative Group
to identify the community’s code enforcement priorities. This work will help the
City utilize code enforcement resources in a way that is efficient and meaningful
to Kent residents.
FINANCE
• Finance has hit the ground running for 2016. We continue to work through our Year-
End process and have implemented or are implementing some process changes to help
keep this important City process on schedule. We have set the expectation with the
State Auditor's Office (SAO) that we will have final financial statements to them in April
at which time they will begin their audit of the City in earnest.
HUMAN RESOURCES
• Benefits
o Just a reminder the medical dependent audit begins on January 19
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o The average age of City of Kent employees is 44.5
o 13.5% of City of Kent employees are eligible for retirement
• Recruitment
o New Hires as of January 4
Justin Hunt, Public Works, Maintenance Worker I
Christopher Menaul, Public Works, Maintenance Worker I
Jalene King, Administrative Assistant II, Police Department
Chellsi James, Police Patrol Officer, Police Department
Tina Budell, Council Member, City Council
• Labor, Classification and Compensation
o Staff continue negotiations with Officers and Sergeants
o Staff are in the process of ratifying the Assistant Chief and Commander contracts
• The written test for the Risk Management Analyst position will be on Friday, January 15.
INFORMATION TECHNOLOGY
• Staff from the Information Technology (IT) Systems, IT Multimedia and Finance
Customer Service divisions, recently completed the annual process for revising, printing
and mailing out over 5,700 business license renewals for the 2016 calendar year. This
year’s renewal count is an increase of almost 5% from the previous 2015 year’s
renewals. Businesses have until January 31 to send in their annual renewals.
• The Seahawks Rally at Town Square Plaza on Friday, January 8, went off flawlessly
thanks to a great collaboration with Multimedia, Parks, the Administration Office, Police
and Public Works. In addition to a video there was also a ton of pictures and shorter
videos which received a ton of Facebook love.
LAW
• Deputy City Attorney, Pat Fitzpatrick, assisted the Association of Washington Cities and
lobbyist Doug Levy with amendments to proposed legislation that would allow recovery
of actual costs incurred to respond to commercial public records requests.
• The civil division assisted with the preparation of 23 Correction Notices, 2 Notices of
Violation and 2 Stop Use Orders.
• The criminal division had 73 cases set for trial on Friday, January 8th and 7 remain this
week. Of the remaining 66 cases that were set for trial – 89% plead guilty.
POLICE
• Staff changes – Hiring/Retirement/Recruitment/Leaves/Promotions
o The department will host a recruiting/Hiring Open House was on January 8.
o Police Academy graduation for Officer Murphy was on January 12.
o Entry Level Patrol Officers Ian Lentz and Chellsi James started on January 4.
o The Chief’s Administrative Assistant Jalene King started on January 4.
• Significant crime activities / arrests / investigations
o Multiple unwanted guests arrive at a party and became very aggressive and verbally
abusive to the host and her friends when they were refused entry. As they left they
fired rounds. Six (6) casings were located in the street. No suspect information at
this time. Detectives investigating.
Page 4 of 5
o An Uber driver was pistol whipped and had his vehicle stolen by his passenger, near
238thand 104th. Bellevue PD stopped the vehicle and arrested four males for
possession of stolen property. A gun was found inside the car. KPD Detectives
interviewed suspect and obtained confession.
o Detectives are investigating a homicide at Somerset, which is possibly gang related.
o The Special Operations Unit (SOU) assisted patrol by interviewing a reluctant victim
of a robbery. They gained his confidence and were able to get a possible
name. SOU then conducted an investigation and was able to positively identify the
suspect in the robbery.
• Major emphasis patrol
o On New Year’s Eve Kent had three traffic officers out on DUI patrol. They worked a
total of 16.5 hours, made 43 contacts, wrote 25 tickets, and arrested two DUI’s. In
addition, they wrote five tickets for Driving While License Suspended and one for No
Valid Driver’s License and made one misdemeanor warrant arrest.
• Events and awards
o On January 11, records and evidence staff had a team building and communication
training as part of the Respect Action Plan.
o Officers Stansfield, Hale and Gunderson, received the Life Saving Award after being
dispatched to a CPR in progress. Upon arriving, a 55 year-old unconscious victim was
located and AED advised that a shock was needed. After administering the shock,
CPR was performed immediately until Fire arrived. The Officer’s efforts saved the
patient’s life, who otherwise would not have survived.
PUBLIC WORKS
• Street maintenance Street Crews are grading alleys and shoulders in the Sodo
neighborhood, filling potholes as they are reported or discovered and repairing shoulder
127th Ave SE and SE 234th St.
• Signs and Markings staff is fabricating new signs for installation in Valley and East Hill
areas and removing illegal signs from poles and right-of-way areas Citywide.
• The vegetation group is rehabilitating the planted traffic island on S 204th St east of
West Valley Highway and removing saplings from detention ponds along the 277th
Corridor.
• The Water & Design Department is working on an ILA with the City of Covington for
design, construction, and inspection of our Clark and Kent Springs transmission mains
as part of the Highway 516 widening project east of Wax Road in Covington.
• The Water Mains & Services staff is mainline cleaning in the NE section of the valley,
valve exercising in the NW section of the valley.
• Storm crews are doing catch basin repairs throughout the City and will soon be focusing
on the areas that are currently being assessed.
• Sewer crews are Cleaning and TV inspecting sewer lines in the SE section of the East Hill
and changing out castings in the north side of the valley floor.
• The radio shop is concentrating on a VHF radio system setup at the Kent east hill
operations center site and updating shops PA system.
Page 5 of 5
• Fleet Shop is preparing to setup Getac tablets and equipment in police vehicles and
scheduling technician annual training classes.
• Operations Personnel
o Maintenance Worker 3 position for Street Maintenance closed on Friday. Interviews
were this week.
o Maintenance Worker 2 position for Storm Veg closed on Friday and interviews will be
scheduled in the coming week.
o Water Source & Supply MW4 opens January 18 and closes January 25.
• Design - The 72nd Avenue Extension for S 196th St to S 200th St went out for bid on
January 12.
• Land Survey
o Construction Surveying: Central Ave. South Improvements.
o Design Surveying: First Ave. South; 2016 Overlays; 228th/UPRR Grade Separation.
o Professional Services: ECD Submittal Reviews; Right of Way Determinations; GIS
mapping.
o Joe Fraumeni has been promoted to Survey Party Chief.
• Construction - The Kent Kangley Pedestrian Improvement contract has been awarded to
contractor RW Scott.
• Transportation - The Traffic Control Signal System and Flashing Yellow Arrow project
was completed last week.
• Environmental
o The Private Storm System Inspector position is open to internal candidates. It closes
January 18.
o Staff is working on a preliminary application for the Floodplains By Design grant for
the Downey Farmstead.
o Asian Gypsy Moths have been found at the north outlet of the Green River Natural
Resource Areas at 212th. Plans are in place to do an aerial treatment in the Spring.
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EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
ACTION AFTER EXECUTIVE SESSION