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Home My WebLink AboutCity Council Meeting - Council - Agenda - 8/16/2016adccW11411 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 August 16, 2016 This page intentionally left blank. KENT CITY COUNCIL AGENDAS August 16, 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 ******************************************************************** COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time 2017-2018 Budget Update Aaron BeMiller 15 min Citywide Debt Profile Aaron BeMiller 30 min 2017-2018 B&O Project List Update Tim LaPorte 45 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Public Safety Report D. Intergovernmental Reports 5. PUBLIC HEARING A. Crosswalk Policy – Resolution – Adopt 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. Sanitary Sewer Code Amendment – Ordinance – Adopt D. Puget Sound Energy Easement on James Street Pump Station Property – Authorize E. Consolidating Budget Adjustment Ordinance – 2nd Quarter – Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED F. Outdoor Storage Code Amendment – Ordinance – Adopt 8. OTHER BUSINESS A. Sewer and Water Rate Ordinance – Adopt 9. BIDS A. South 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft Construction Project – Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL WORKSHOP 1) 2017-2018 Budget Update, Aaron BeMiller 2) Citywide Debt Profile, Aaron BeMiller 3) 2017-2018 B&O Project List Update, Tim LaPorte This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Public Safety Report D) Intergovernmental Reports This page intentionally left blank. Agenda Item: Public Hearing – 5A_ TO: City Council DATE: August 16, 2016 SUBJECT: Crosswalk Policy – Resolution – Adopt SUMMARY: This resolution provides standard guidelines consistent with state law to be considered and applied as requests for crosswalk modification are received by city staff. In drafting the resolution, staff considered public input from eight Neighborhood Councils and five focus groups. On April 5, 2016, staff presented the policy recommendations to City Council during the Council Workshop. The Public Works Committee then reviewed the draft resolution at its regularly-scheduled meeting on June 20, 2016, and recommended approval to the full City Council. Tonight, a public hearing has been scheduled to consider any additional public comment concerning the proposed policy before it is adopted by the City Council. EXHIBITS: Resolution RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Ralph NAY: BUDGET IMPACTS: To be determined on a project by project basis. MOTION: Adopt Resolution No. , establishing a policy for addressing installation and maintenance of crosswalk markings throughout the City. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, adopting a policy for addressing installation and maintenance of crosswalk markings throughout the City of Kent. RECITALS A. The purpose of this Resolution is to establish a methodology for determining where crosswalk markings are installed and how they are to be maintained within the City of Kent. B. Crosswalks are features of a multimodal transportation network that provide locations for pedestrians to cross roadways. Crosswalks exist at all intersections, whether marked or unmarked, unless signs are posted to prohibit crossing. At non-intersection locations, pavement markings are necessary to establish the crosswalk. Marked crosswalks are considered traffic control devices and are subject to the guidance in the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD is approved by the Federal Highway Administration as the National Standard for such devices. The MUTCD is adopted as the statewide standard for traffic control devices, through Chapter 468-95 of the Washington Administrative Code, as mandated by RCW 47.36.030. 1 Crosswalk Policy - Resolution C. Crosswalks can be marked or unmarked. RCW 46.04.160 defines a crosswalk as “the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk.” D. RCW 47.04.010(16) defines a marked crosswalk as “any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof.” E. Pursuant to RCW 46.61.235(1), drivers must stop for pedestrians in a crosswalk regardless of whether it is marked or unmarked. F. According to the Federal Highway Administration, despite numerous studies, there has been no conclusive evidence to show that either marked or unmarked crosswalks are safer in locations that are not controlled by a signal or stop sign.1 Marked crosswalks are appropriate at some locations but other treatments (such as post-mounted pedestrian warning signs, flashing lights, supplemental pavement markings) are also necessary when used at other locations. G. According to the Federal Highway Administration, “crosswalks should not be installed at locations that could present an increased safety risk to pedestrians, such as where there is poor sight distance, complex or confusing designs, a substantial volume of heavy trucks, or other dangers, without first providing adequate design features and/or traffic control devices.” 1 Safety Effects of Marked Versus Unmarked Crosswalks at Uncontrolled Locations, Final Report and Recommended Guidelines. FHWA Publication Number: HRT-04-100. September 2005. 2 Crosswalk Policy - Resolution H. Based on the guidelines established herein, staff will compile a prioritized list of candidate locations for enhanced crossing treatments. I. The Downtown Subarea Action Plan emphasizes the value of the Downtown Area as a comfortable, friendly place for people to meet and enjoy themselves. To encourage a pedestrian-friendly environment, crosswalks at intersections in the Downtown Area are considered separately from crosswalks at intersections outside the Downtown Area. J. This Resolution provides standard guidelines consistent with state law to be considered and applied as requests for crosswalk modification are received by city staff.2 K. The Kent City Council’s Public Works Committee reviewed the text and policy amendments at its regularly-scheduled meeting on June 20, 2016, and recommended approval to the full City Council. The Public Works Committee also received an information-only presentation on April 4, 2016. Staff presented the policy recommendations to City Council at Council Workshop on April 5, 2016. Additionally, staff reached out to eight Neighborhood Councils and conducted five focus groups to gather public input. L. On July 19, 2016, the Kent City Council held a public hearing to consider the matter. At the close of the public hearing, the City Council voted to recommend approval of adopting a policy for addressing installation and maintenance of crosswalk markings throughout the City of Kent. 2 For information regarding proposed locations impacted by this Resolution, see Attachment 1. 3 Crosswalk Policy - Resolution NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Signal-Controlled Locations. Crosswalks should be marked at signal-controlled intersections unless the Traffic Engineer determines a crosswalk is not appropriate for traffic flow. In that case, a “no pedestrian crossing” sign will be installed. SECTION 2. – Stop-Sign Controlled Locations. At locations controlled by stop or yield signs, crosswalk markings should not be installed unless at least one of the following is true: A. The Traffic Engineer determines a marked crosswalk is needed to direct pedestrians to the proper crossing path due to traffic flow or safety concerns. B. The stop-sign controlled location is within the Downtown Area. Kent has designated the Downtown Area as key to economic vitality of the City. Pedestrian access to this area is especially important to encourage commerce. Stop-sign controlled locations in the Downtown Area, as defined by Council, should be marked, with the exception of intersections that currently have single-family residential character, unless those locations qualify under other sections of this policy. The stop-sign controlled location is on a school walking route pursuant to WAC 392-141-340. In such case, refer to section 5. SECTION 3. – Uncontrolled Locations. Uncontrolled locations are pedestrian crossings not controlled by a traffic signal, stop sign or yield sign. This includes uncontrolled intersection locations as well as midblock locations. The following table will be consulted for uncontrolled locations. 4 Crosswalk Policy - Resolution Recommendations for installing marked crosswalks and other needed pedestrian improvements at uncontrolled locations.* Roadway Type (Number of Travel Lanes and Median Type) Vehicle ADT 9,000 Vehicle ADT >9,000 to 12,000 Vehicle ADT >12,000-15,000 Vehicle ADT > 15,000 Speed Limit** 30 mi/h 35 mi/h 40 mi/h 30 mi/h 35 mi/h 40 mi/h 30 mi/h 35 mi/h 40 mi/h 30 mi/h 35 mi/h 40 mi/h Two lanes C C P C C P C C N C P N Three lanes C C P C P P P P N P N N Multilane (four or more lanes) with raised median C C P C P N P P N N N N Multilane (four or more lanes) without raised median C P N P P N N N N N N N *These are general recommendations; good engineering judgment should be used in individual cases for deciding where to install marked crosswalks. ** Where the speed limit exceeds 40 mi/h, marked crosswalks alone should not be used at uncontrolled locations. C = Candidate sites for marked crosswalks. P = Possible increase in pedestrian crash risk may occur if crosswalks are added without other pedestrian facility enhancements such as post-mounted pedestrian warning signs, flashing lights, supplemental pavement markings. N = Marked crosswalks alone are insufficient, since pedestrian crash risk may be increased by providing marked crosswalks without other pedestrian facility enhancements such as post-mounted pedestrian warning signs, flashing lights, supplemental pavement markings. Source: This table was adapted from table 11 in the Federal Highway Administration’s publication Safety Effects of Marked Versus Unmarked Crosswalks at Uncontrolled Locations, Final Report and Recommended Guidelines. FHWA Publication Number: HRT-04-100. September 2005. In uncontrolled locations categorized as “C,” the Traffic Engineer will determine whether the location is appropriate for a marked crosswalk. The Traffic Engineer will also determine whether the peak hourly pedestrian volume is at least 20 pedestrians per hour (or 15 or more elderly or children pedestrians). The pedestrian volume requirement shall be waived if the uncontrolled location is at an intersection within the Downtown Area with the exception of intersections that currently have single-family 5 Crosswalk Policy - Resolution residential character, unless those locations qualify under other sections of this policy. In uncontrolled locations categorized as “P”, an engineering study will be performed. The study, in accordance with the Manual on Urban Traffic Control Devices (MUTCD), should consider: a. Number of lanes, b. The presence of a median, c. The distance from adjacent signalized intersections, d. The pedestrian volumes and delays, e. The average daily traffic, f. The posted or statutory speed limit or 85th-percentile speed, g. Geometry of location, h. Possible consolidation of multiple crossing points, i. The availability of street lighting, and j. Other appropriate factors. Additional factors that may be considered include land use, pedestrian facilities nearby, and potential traffic-calming items such as post-mounted pedestrian warning signs, flashing lights, or supplemental pavement markings. Upon conclusion of the study, the Traffic Engineer shall determine the need for a marked crosswalk in the uncontrolled location and document the decision and the reasoning. Locations categorized as “N” shall not be marked without the appropriate traffic-calming items, to be determined by the Traffic Engineer. These items may include post-mounted pedestrian warning signs, flashing lights, supplemental pavement markings, or other devices. 6 Crosswalk Policy - Resolution SECTION 4. – Designated School Crossing Locations. Pursuant to RCW 46.61.440, designated school crossing locations have a maximum speed limit of twenty miles per hour. Designated school crossings may be established in locations where the school district commits to providing a school crossing guard. When requested by the school district’s transportation director, the Traffic Engineer will evaluate potential new designated school crossing locations with the Kent Police Department. In accordance with the MUTCD, designated school crossing locations shall include: a. Advance Crossing Assembly and School Speed Limit Assembly, posted in advance of the marked crosswalk, b. Marked crosswalk with School Crossing Assembly, and c. Signs to mark the end of the school speed zone, posted at least 300 feet after the marked crosswalk. The Traffic Engineer will work with the school district’s transportation director in cases where designated school crossing locations are no longer staffed by a school crossing guard. When necessary, school crossing signs and associated markings will be removed. SECTION 5. – Locations on Walking Routes to School. The Traffic Engineer shall follow the MUTCD’s guidance on crosswalk markings, such that crosswalks should be marked at all intersections on established routes to school where there is a substantial conflict between motorists, bicyclists, and student movements; where students are encouraged to cross between intersections; where students would not otherwise recognize the proper 7 Crosswalk Policy - Resolution place to cross; or where motorists or bicyclists might not expect students to cross. For purposes of this Resolution, established routes to school will be determined by school walk routes, pursuant to WAC 392-141-340. Areas of substantial conflict will be determined by the Traffic Engineer. Factors that may contribute to substantial conflict include vehicle volume, pedestrian volume, sight distance, vehicle speed limit, and presence of sidewalks. The Traffic Engineer will work with the school district’s transportation director when school walking routes change. The crosswalk marking will be removed if it is not justified under Section 5 of this policy. SECTION 6. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 7. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 8. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2016. 8 Crosswalk Policy - Resolution CONCURRED in by the Mayor of the City of Kent this _____ day of __________, 2016. SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ______ passed by the City Council of the City of Kent, Washington, , 2016. SUE HANSON, INTERIM CITY CLERK P:\Civil\Resolution\Crosswalk Policy.docx 9 Crosswalk Policy - Resolution ATTACHMENT 1 Table 1. Summary of Recommended Changes to Crosswalk Markings Citywide Location Type Add Crosswalk Markings Remove Crosswalk Markings Signal- Controlled 1 0 Stop-Sign Controlled 32 27 Uncontrolled 28 19 Established Routes to Schools 0 1 Total 61 47 Recommended Changes Signal-Controlled Locations There is one signal-controlled location that is recommended for marking, subject to available funding. The following table lists this location. Table 2. Signal-Controlled Locations Proposed for Marking Major Street Minor Street Leg East Pioneer Street Central Avenue North S Stop- or Yield-Sign Controlled Locations Public Works staff reviewed all of the existing stop- and yield-sign controlled locations within the City, (marked crosswalks within walking routes to school were evaluated separately). Twenty-seven marked crosswalks are candidates for removal. The following table lists these locations. Table 3. Marked Crosswalks at Stop- and Yield-Sign Controlled Locations Proposed for Removal Major Street Minor Street Leg 80th Pl S (S 192nd Street) 84th Ave S E 80th Pl S (S 192nd Street) 84th Ave S W S 182nd St 72nd Ave S W S 184th St East Valley Hwy (84th Ave S) E S 187th St East Valley Hwy (84th Ave S) E S 196th St 66th Ave S N S 196th St 81st Ave S S S 216th St 64th Ave S W S 216th St 64th Ave S E S 216th St 68th Ave S (West Valley Highway) E S 216th St 68th Ave S (West Valley Highway) W S 216th St 72nd Ave S W S 220th St 68th Ave S (West Valley Highway) E S 224th St 68th Ave S (West Valley Highway) E SE 260th St 101st Ave SE S SE 260th St Driveway West of 104th Ave SE S SE 260th St Top Foods Driveway S Southeast 248th St 116th Ave SE N Southeast 248th St 116th Ave SE E Southeast 248th St 116th Ave SE S Veterans Dr (S 228th St) 54th Ave SW N Veterans Dr (S 228th St) Riverview Blvd S Enter/Exit Ramp S Veterans Dr (S 228th St) Riverview Blvd S Exit Ramp N Veterans Dr (S 228th St) Private Rd (Driveway between Russell Rd and 54th Ave SW) N Veterans Dr (S 228th St) Riverview Blvd S E Veterans Dr (S 228th St) Riverview Blvd S W Veterans Dr (S 228th St) Russell Rd N With input from Economic and Community Development staff, Public Works staff recommends that all stop-controlled and yield-controlled locations in the Downtown Area, as designated by City Council, be marked as funding becomes available. This would require adding 32 crosswalk markings. The following table lists these locations. Table 4. Stop-Sign and Yield-Sign Controlled Locations within the Downtown Area Proposed for Marking Major Street Minor Street Leg E George St Central Ave N E E George St State Ave N E E George St State Ave N W E George St Woodford Ave N W E Saar St Central Ave S W E Willis St Bridges Ave S S E Willis St Railroad Ave S N E Willis St Railroad Ave S S N Lincoln Ave W Harrison St E W Temperance St 1st Ave N W Titus St Kennebeck Ave S W Titus St State Ave S N W Harrison Washington Ave N (68th Ave S) E W Harrison St 6th Ave N E W James St 1st Ave N N W Meeker St S 6th Ave N W Meeker St S 6th Ave S W Meeker St Madison Ave N W Meeker St Thompson Ave N N W Saar St 2nd Ave S E W Saar St 2nd Ave S W W Smith St 64th Ave S E W Smith St 6th Ave N S W Smith St Madison Ave S W Smith St Washington Ave N (68th Ave S) E W Smith St Washington Ave N (68th Ave S) W W Willis St 1st Ave S N W Willis St 1st Ave S S Ward St N Kennebeck Ave W Washington Ave N (68th Ave S) W Sam St E W Harrison St Madison Ave E W Harrison St Madison Ave W Uncontrolled Locations Public Works staff reviewed all marked crosswalks at uncontrolled locations within the City (crosswalks within walking routes to school were evaluated separately). In all, 19 marked crosswalks are candidates for removal. These locations may be considered for enhanced treatment in the future, such as post-mounted pedestrian warning signs, flashing lights, supplemental pavement markings. The following table lists these locations. Table 5. Marked Crosswalks at Uncontrolled Locations Proposed for Removal Major Street Minor Street Leg 39th Pl S Riverview Blvd S N S 216th St 64th Ave S S S 216th St 64th Ave S N S 217th St Riverview Blvd S N S 219th Pl/S 218th Pl Riverview Blvd S S SE 260th St 101st Ave SE W Veterans Dr (S 228th St) 54th Ave SW W Veterans Dr (S 228th St) Riverview Blvd S Entrance Ramp N Veterans Dr (S 228th St) Riverview Blvd S W S 244th St Military Rd S N S 248th St Military Rd S N S 221st Pl Riverview Blvd S S Lincoln Ave* 2nd from North Midblock Lincoln Ave* 3rd from North Midblock Lincoln Ave* 4th from North Midblock E Titus St* Central Ave S N Willis St* 2nd Ave W Willis St* 2nd Ave E Willis St* 3rd Ave E * Indicates location within the Downtown Area. Staff also reviewed all uncontrolled intersection locations within the Downtown Area with input from Economic and Community Development staff. There are currently 28 uncontrolled locations within the Downtown Area that are recommended for marking. The following table lists these locations. Table 6. Crosswalks at Uncontrolled Locations within the Downtown Area Proposed for Marking Major Street Minor Street Leg 1st Ave N Cole Street W W Cloudy St 1st Ave N W W Cloudy St 5th Ave N E W Cloudy St 5th Ave N S E George St State Ave N N E George St State Ave N S E George St Woodford Ave N N E George St Woodford Ave N S W Gowe St 5th Ave S E W Meeker St 6th Ave N E E Meeker St N Kennebeck Ave S W Meeker St Madison Ave E W Meeker St Madison Ave W W Saar St 1st Ave S W W Saar St 1st Ave S N W Saar St 1st Ave S S W Saar St 2nd Ave S N W Saar St 2nd Ave S S W Saar St 5th Ave S E W Saar St 5th Ave S N E Saar St Railroad Ave S E E Saar St Railroad Ave S N E Saar St Railroad Ave S S W Temperance St 1st Ave N S W Harrison St Madison Ave N W Harrison St Madison Ave S Ward St N Kennebeck Ave N Ward St N Kennebeck Ave S Designated School Crossing Locations Staff reviewed existing designated school crossing locations and identified three that no longer have a school-provided crossing guard, and one where staff recommends adding a guard. Staff will work with the school district to determine next steps for these locations, which are listed in the following table. Table 7. Crosswalks Recommended for Further Discussion with School Districts Major Street Minor Street Leg South James Street 64th Avenue South S South James Street 64th Avenue South W South 236th Street Lakeside Boulevard East N Southeast 192nd Street 120th Avenue Southeast W Established Routes to School Public Works staff reviewed all of the marked crosswalks within established walking routes to schools. Twelve marked crosswalks would be candidates for removal under the proposed guidelines, but staff recommends that nine of these locations be maintained under a grandfather clause because they are stop-controlled and therefore within safety guidelines. The following table lists the nine locations proposed to be maintained. Table 8. Crosswalks within Established Walking Routes to Schools Proposed to be Maintained under Grandfather Clause Major Street Minor Street Leg SE 232nd St 110th Pl SE W SE 232nd St 112th Ave SE S SE 232nd St 114th Ave SE N S 236th Pl 64th Ave S E S 238th Pl 64th Ave S E SE 260th St 140th Ave SE W S 261st St 42nd Ave S W S 262nd St 42nd Ave S W S 262nd St 42nd Ave S S The following marked crosswalk in an uncontrolled location within an established walking route to school is a candidate for removal. In making this recommendation, staff consulted with the Federal Way School District and the District concurred. Table 9. Marked Crosswalk within Established Walking Routes to Schools Proposed for Removal Major Street Minor Street Leg School South 248th Street 42nd Avenue South S Sunnycrest Elementary The following uncontrolled locations within established walking routes to school would not be marked under the proposed guidelines; however, they may have sufficient pedestrian volume to warrant marking. Accordingly, staff recommends pedestrian studies be conducted for these locations. Table 10. Crosswalks within Walking Routes to Schools Proposed for Pedestrian Study Major Street Minor Street Leg School South 232nd Place Lakeside Blvd East S Neeley- O’Brien S 240th Street/James Street Lakeside Blvd East W Neely- O’Brien Prioritized List for Enhanced Treatments The City will develop and maintain a prioritized list of potential locations for enhanced pedestrian treatments, such as flashing lights, raised crosswalks, or advanced paving markings. These features and crosswalks will be installed as funding becomes available. Input from residents and businesses will be considered in prioritizing those locations. Factors to consider may include nearby land use such as parks or multifamily housing, pedestrian volume, history of pedestrian-vehicle collisions, and other factors. The Traffic Engineer will make a final determination pursuant to the proposed guidelines. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through F. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular council meeting of June 21st and the special council meeting of July 16, 2016. This page intentionally left blank. Kent City Council Meeting Minutes June 21, 2016 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Council President Boyce. Councilmembers present: Boyce, Budell, Fincher, Higgins, Ralph, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF NO Changes - Two updates - blue sheets for item 7L Councilmembers Fincher and Budell voted to advance from committee it was actually Fincher and Boyce, also make sure each one has copy of Financial Sustainability Report. PUBLIC COMMUNICATIONS A. Public Recognition – Councilmember Ralph was at regional meeting where the Mayor of Steilacoom approached her to ask her to pass on public recognition for what a wonderful job the parks staff had done while she was attending a ball tournament in the Kent. Councilmember Fincher thanked the KBack group and Parks group for the wonderful Juneteenth event. Thanks to The Greater Kent Historical Museum for showcasing ethnic community items on display at the museum and thanks to the Public Works department for all the roadwork taking place. B. 2016 Employee of the Year - Bryan Reil – Retired as a Police Officer from the Bellevue Police Department after 34 years of service. He was hired in 2007 as the Municipal Court security, he is the first person most people see when they enter the court. He always makes people feel comfortable and tries to tend to whatever concerns they may have. Bryan is a proud Marine; he served his country proudly, each year on November 10th there is a cake delivered to the court to be shared in honor of the Marine Corps. Birthday. Bryan enjoys working at the Court; I came to work in Kent not knowing anyone and now feel like Kent is another part of his family. C. Appointment to Kent Arts Commission – Christina Caravagilio lives in Panther Lake area she has been involved in various arts, and she teaches at the elementary schools. Interested in using the arts to enhance the community, she feels art creates a more vibrant community. D. Community Events – Councilmember Ralph shared some of the things happening in Kent; we had 52,000 guests at ShoWare Center for high schools and college graduations. Upcoming July 16 & 17 basketball shoot out, basketball tournament. T- birds hosting summer camp in July, looking forward to T-birds coming back. Reminder Dolly Parton coming and the show are sold out. Fourth of July Splash full day of activities, good food and end of day fireworks over Lake Meridian. E. Public Safety Report – Chief Thomas has a robust report, an award and swearing in and will talk about our plan for fireworks. Sifredo Gonzalez received the Chiefs Award Letter of Commendation for assisting in an incident that occurred on April 27th. Swearing in of Corrections Officer Michael Anderson from Port Angeles, Michael has two certificates in criminal justice and one in corrections, he began in March as a Kent City Council Meeting Minutes June 21, 2016 2 lateral officer, and he is married with two children. Chief Thomas reported auto thefts and vehicle prowl crimes are up by 52% from last year. Police have put together a task force to deal with these crimes, the primary offenders, and work with legal, and jails. Police Officers, NRT and detectives are doing a great job getting a handle on these crimes. Assistant Chief Kammerzell spoke about the departments Fourth of July staffing and what the objectives are. There will be teams of officers issuing citations and confiscating illegal fireworks. There will be five days of coverage from the 1st to the 5th; officers will be following the current Ordinance for fireworks. Officers will be out at the Splash Event from 10:00 am – 12:00 am. There will be no fireworks in Kent in 2017; the Police will be conducting a yearlong campaign regarding fireworks not being allowed in Kent. Councilmember Budell asked what is the best way to report illegal fireworks, as an example a truck with fireworks that appear to have come from the Indian Reservation. Assistant Chief Kammerzell said they should call 911 and give a description of the vehicle and where they are located, Police will respond. F. Intergovernmental Reports –Council President Boyce sits on Public Issue Committee (PIC), no action was taken, working on King County Metro long reach plan. On June 30th a Best Starts for Kids Round Table discussion will be held to discuss how the money should be spent. Also, discussed a Solid Waste increase which should be equal to $1.06 for a single family residence per month. Councilmember Budell sits on the Sound City Association Domestic Violence, discussed domestic violence and the need for firearms relinquishment. Green River Campus training August 16-19. September 8th at Seattle University will be a symposium, all day event. Councilmember Higgins sits on Regional Transit Board which met last Wednesday no action taken, reports given on summary of annual rider non/rider survey concerning customer satisfaction, they have an 88 percent satisfaction in level of service. The area of most dissatisfaction is in transfers, riders prefer to have a shorter wait time. Long range plan “Metro Connects” to be followed over the next 10-25 years, Sounder in Kent to become more frequent, metro will coordinate transfers to make the wait time shorter. If Sounder service is not all day there is need for more frequent buses following the same route as the Sounder. Councilmember Ralph sits on Sound Cities Association Board a couple of items of note are affordable housing being a growing problem in our county. South County has more affordable housing than the Eastside working to come up with a plan that works for both. Comprehensive Plan issues with smaller cities with growth targets, they can jeopardize whether they can get funding. Next meeting attended was the Transportation Policy Board, spoke on special needs transportation and how we continue to provide and fund transportation for these folks. Driving trends were discussed and the Puget Sound Region has the largest Vanpool program in the country, three times larger than Los Angeles. Transit boarding is up 26%; study how transportation can take congestion off the roads. Final meeting this morning South County Transportation where 167 Toll lane is still a pilot program, the access to Kent has been improved WSDOT has fixed the delay. Councilmember Fincher sits on the King Conservation District in which they are currently going through the work plan, have a 5 year implementation plan. She attended the Mental Illness and Co- dependency Advisory Council; all councilmembers should have received from her the plan/budget which will be sent to King County Council for approval. G. Financial Sustainability Task Force – Jerry F. Coupe gave the final report and has the same focus as the meeting from May 3rd preliminary report. The five priorities Kent City Council Meeting Minutes June 21, 2016 3 are increasing police staffing; street and road maintenance; the work being done by Economic and Community Development; water sewer and surface water infrastructure; and City to look at establishing an Information and Technology master plan. Since this was the first Financial Sustainability Task Force there would be changes made in the future if another task force is appointed some of those changes and suggestions were discussed. Council appreciated the work done, and appreciated the lesson learned. Councilmember Fincher gave a thank you also for the over 900 hours spent working on this report. PUBLIC HEARING A. 2017 -2022 Six-Year Transportation Improvement Program (TIP) - Resolution – Adopt Lacy Jane Wolfe from Public Works Engineering presented the draft TIP a combined work effort of Public Works, Economic and community Development and Finance. The TIP is a list of short range plan documents required to be updated by the state annually. Wolfe noted five projects recommended to be added to the TIP. In total, the six year TIP represents cost and programs of $182 million dollar. The next step is for Council to consider the proposal and approve the TIP to then be presented to the state by July 1 and transmitted to the state by August 1. Councilmember Higgins moved to adopt Resolution No. 1928 approving the 2017-2022 Six-Year Transportation Improvement Program, seconded by Councilmember Ralph. Motion carried 6-0. B. Surplus of Utility Equipment and Materials – Public Hearing City of Kent Fleet Manager, Ron Green gave a brief summary of the collection of materials that is outdated and/or obsolete. He explained that many of the items no longer meet safety standards and have already been removed from the cities inventory. These items will be sent to James G. Roofing Co. in Kenmore, WA. PUBLIC COMMENT Sandy Lyndon on Cooperative Gardens; thanked Council for new surplus Ordinance. Medical Marijuana Co-op, a taboo subject, with the financial shortfalls in the City, 56% passed medical marijuana the city could collect tax revenue. State now requires cannabis for medical use; collective gardens are for four people growing no more than 60 plants. How does our city that needs this revenue deny or turn its back on sin tax and deny patients that will go to the black market? Carrie Stark 56 has lived in Kent for 30 of those years. Not easy talking about medical things hope will make a difference in the councils mind. Stark has MS and spinal osteoarthritis; years ago she was taking time released morphine. Opiates did something for the pain however, there are so many over doses from opiates and heroine. There have been no deaths from cannabis that we know of; marijuana can be used for some of the relief of opiates. She asked Council to vote yes on medical Kent City Council Meeting Minutes June 21, 2016 4 marijuana situation to support her and everyone else that needs medical marijuana should not have to drive 20-30 minutes away to get medication. CONSENT CALENDAR Council President Boyce moved to approve Consent Calendar items A through L, seconded by Councilmember Ralph. Motion carried 6-0. A. Minutes of Previous Meetings and Workshops – Approve. The minutes of the regular council meetings of April 5, 2016 were approved. B. Approval of Bills – Approve. Bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 7, 2016. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/2016 Wire Transfers 6662 - 6684 $2,262,141.26 5/15/2016 Regular Checks 703477 - 703822 $1,551,137.61 Void Checks 5/15/2016 Use Tax Payable $3,105.91 $3,816,384.78 Approval of checks issued for payroll for May 1 through May 15 and paid on May 20, 2016: Date Check Numbers Amount 5/20/2016 Checks $0.00 Voids and Reissues 5/20/2016 Advices 366782 - 367686 $1,503,340.20 $1,503,340.20 C. Appointment to Kent Arts Commission – Confirm. Council confirmed the appointment of Christina Caravaglio to the Kent Arts Commission filling a vacant position - term expiring October 1, 2017. D. Amendment to Consultant Services Agreement with KBA, Inc. for Central Ave S. Construction Management Project – Authorize. Council President Boyce was authorized to sign an amendment to the agreement with KBA Inc., in an amount not to exceed $77,000, to provide additional construction management services for the Central Avenue S. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Change Order with Peterson Brothers, Inc. for 2016 Guardrail Repairs – Authorize. Council President Boyce was authorized to sign a construction Change Order with Peterson Brothers, Inc., in the amount of $37,098.73, to repair recently damaged guardrail, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director Kent City Council Meeting Minutes June 21, 2016 5 F. Amendment to the Consultant Services Agreement with AECOM for Upper Mill Creek Dam Improvements – Authorize. Council President Boyce was authorized to sign an Amendment to the Consultant Services Agreement with AECOM Technology Corporation in an amount not to exceed $159,966.98, for additional design services related to the Upper Mill Creek Dam Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. King County Flood Control District Sub-Regional Opportunity Fund for Upper Mill Creek Dam Improvements Project – Authorize. Council accepted $191,079 from the King County Flood Control District Sub-Regional Opportunity Fund for the Upper Mill Creek Dam Project, establish a budget for the funds to be spent within this project, and authorized Council President Boyce to sign all documents necessary for the City to receive these funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Connecting WA Grant for S. 228th Street Union Pacific Grade Separation Project - Authorize. Council President Boyce was authorized to sign all necessary agreements with the Washington State Department of Transportation to obligate $15 million of Connect Washington funds for expenditure on the South 228th Street Union Pacific Grade Separation Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Interlocal Agreement with King County Flood Control District for the Milwaukee II Levee Project – Authorize. Council president Boyce was authorized to sign an Interlocal Agreement with the King County Flood Control District for the Milwaukee II Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Primary Data Center Assessment and Improvement Project – Authorize. Council President Boyce was authorized to execute all documents necessary to enter into a three-year contract with King County to establish the Sabey Data Center in Tukwila, Washington as the City’s new primary data center facility. K. Agreement with Community Connectivity Consortium for C3 High Speed Fiber Optic Ring Extension Project – Authorize. Council President Boyce was authorized to execute all documents necessary to enter into an agreement with the Community Connectivity Consortium to design, provision, and deliver a high speed optical network extension that includes the City of Kent, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. L. Naden Avenue Properties Surplus Consideration – Authorize. In accordance with Chapter 3.12 of the Kent City Code, Council scheduled an informational public meeting July 1 in order to receive public comment to allow Council to determine whether the Naden Properties (collectively, and with some exceptions, the properties generally bordered by West Meeker Street, Highway 167, Willis Street, and the Interurban Trail) will be surplused. OTHER BUSINESS Kent City Council Meeting Minutes June 21, 2016 6 A. Zoning Code Amendment – Medical Marijuana Patient Cooperatives – Ordinance – Adopt. Councilmember Ralph moved to adopt Ordinance No. 4205, amending Title 15 of the Kent City Code, related to medical marijuana patient cooperatives, seconded by Councilmember Thomas. Councilmember Thomas made a motion to table the previous motion to adopt Ordinance 4205, and to table to the next regular council meeting. Motion seconded by Councilmember Ralph. Motion carried 4-2. David Galazin, Assistant City Attorney presented background on the proposed Ordinance to revise changes to the City Code. Reason for this change is being driven by two bills passed in 2015, signed by the governor on June 30, 2015. All councilmembers are focused on what we are here to discuss today. These patient cooperatives have zero effect on revenue coming to the city of Kent, they are basically home grow operations. Patient cooperatives are limited to 60 plants and only four people growing in one residence, no amount of product can be sold, so no revenue source to the City. Galazin spoke about the police incidents that have occurred at these grow houses. He stated that one of the largest growers for the entire state is on Pacific Highway approximately 45 feet from the Kent City limits. On July 1, 2016 medical cannabis, medical gardens and collective gardens are going away. They will be replaced by cooperative gardens which will take effect on July 1, 2016. This ordinance is an administrative change to the city zoning code more than anything else. If there is no chance that a majority council votes will pass this ordinance, at a bare minimum would like Council to vote on a six month moratorium. Questions –Councilmember Ralph asked for clarification, does this ordinance tonight prevent someone from growing medical marijuana? Attorney Galazin replied with an explanation of land use, what someone does in their own home is their business however, if they have people over to grow azaleas, then they are using the residence for something else other than a residence. Councilmember Ralph asked if this ordinance does not make marijuana illegal for medical use. This ordinance does not make marijuana for medical use illegal. Councilmember Budell commented if we eliminate the ability for three members to have someone grow for them then we have eliminated access. This ordinance will not stop the illegal grow from happening in apartments and homes. Someone who is a patient can legally designate a provider to grow for them. Assistant City Attorney Pat Fitzpatrick made a comment, the City Attorney’s office does not make policy, and they are there to help support the Council’s decisions. Councilmember Higgins noted that it has been an interesting discussion, thinks Attorney Galazin is right, this ordinance is under housekeeping. With only 6 Councilmembers here it’s tempting to make a political point that our marijuana laws are not working and believe the city of Kent should honor the voters and allow marijuana in our city when the voters approved I 502. Councilmember Higgins would like more of his colleagues available and noted that he will vote no on the ordinance and vote yes for a moratorium and will look at this in its entirety. Councilmember Budell thanked Councilmember Higgins for being eloquent and the voters did vote for medical marijuana and for I 502. The City needs to come up with an ordinance that protects the right of people to register with the state and to be responsible. Kent City Council Meeting Minutes June 21, 2016 7 Councilmember Budell stated that she will also vote no for this ordinance and yes for a moratorium. Councilmember Ralph spoke and said that medical marijuana is regulated and the city is not taking any rights away, we are not saying to any patient or someone not to grow, we are saying that 60 plants in someone’s neighborhood is not setting up production. Councilmember Fincher stated she will not support this ordinance but will support a moratorium, requesting time to talk about things. President Boyce wants to bring this issue back on July 5, 2016. Councilmember Ralph moved to adopt Ordinance 4206 enacting a six-month moratorium prohibiting in the City of Kent the establishment, location, operation, maintenance, continuation, permitting, or licensing of medical marijuana patient cooperatives. Motion seconded by Councilmember Thomas. Motion carried 6-0. BIDS – None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. – Council workshop had presentation on James Street June 25th closing open July 5th work being done to prevent flooding on James St. Kent Creates will be a new art website program for Kent where artists can post their creations on the website, it should go live next 2-3 weeks. B. Mayor. – None. C. Chief Administrative Officer. – City of Kent employees have several charitable fund raisers held throughout the year. We recently participated in the Relay for Life walk which was held from 6:00 p.m. until 7:00 a.m., the City raised almost $4,800 and placed 7th out of 43 teams. Matheson noted that the walkers were employees, family and friends, and gave a special thanks to Amy Slaughter and Victoria Robbins for their leadership. Strategic plan process will have two mini retreats. The CAO report is in the packet and there is no executive session tonight. D. Economic & Community Development Committee. – In the minutes E. Operations Committee. –Councilmember Ralph attended a presentation from the court today, proud how cutting edge our court is. There is a desire to establish the states first DUI court, to provide public safety to get offenders into treatment with close supervision and work with them through recovery. In 2015, 41 offenders would have qualified for this sort of program. F. Parks and Human Services Committee. – Naden property is the first potential sale will process through new surplus property ordinance. The public information process will be done. The Splash is coming expect 12,000 people to attend at Lake Meridian with live music through 9:30 p.m. and fireworks following. G. Public Safety Committee. – Next meeting is during the second week in July. Kent City Council Meeting Minutes June 21, 2016 8 H. Public Works Committee. – In the minutes I. Regional Fire Authority. – June 15th monthly meeting Mike Dembo has moved out of Kent and his position has been filled by former Mayor Margaret Harto from Covington. EXECUTIVE SESSION – None. ACTION AFTER EXECUTIVE SESSION ADJOURNMENT The meeting adjourned at 9:32 p.m. Sue Hanson Interim City Clerk This page intentionally left blank. Agenda Item: Consent Calendar 7B_ 7B. Approval of Bills: Approval of payment of the bills received through July 15 and paid on June 30 and July 15 after auditing by the Operations Committee on August 2, 2016 Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/2016 Wire Transfers 6724 - 6740 $1,669,066.02 6/30/2016 Regular Checks 704711 - 705442 $6,752,389.35 Void Checks ($0.00) 6/30/2016 Use Tax Payable $5,052.11 $8,426,507.48 Approval of checks issued for payroll for June 16 through June 30 and paid on July 5, 2016: Date Check Numbers Amount 7/5/2016 Checks $0.00 Voids and Reissues 7/5/2016 Advices 369453 - 370322 $1,513,875.77 $1,513,875.77 Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/2016 Wire Transfers 6741 - 6755 $1,872,243.43 7/15/2016 Regular Checks 705443 - 705751 $2,318,598.11 Void Checks ($42.74) 7/15/2016 Use Tax Payable $10,110.44 $4,200,909.24 Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2016: Date Check Numbers Amount 7/20/2016 Checks $0.00 Voids and Reissues 7/20/2016 Advices 370323 - 371211 $1,532,587.72 $1,532,587.72 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: August 16, 2016 SUBJECT: Sanitary Sewer Code Amendment – Ordinance – Adopt SUMMARY: This ordinance amends the sanitary sewer code to define when sanitary sewer connections are required, what type of components and materials are required, what discharges are prohibited, and the mechanisms available to the city for enforcement of the code. Included within this ordinance are provisions to prohibit or limit the discharge of fats, oils, and grease (FOG) into the city’s sanitary sewer system. Failure to do so will allow FOG to accumulate in the conveyance lines and cause blockages and sewer backups, which can lead to property damage and unsanitary conditions. Kent’s current sanitary sewer code is not as clear as it could be regarding when FOG control is required and what types of devices are required. This ordinance seeks to correct that deficiency, while also updating the code to account for technological advances and consistency with state and federal sewer and stormwater regulations. At the August 1st Public Works Committee meeting where action was taken on this ordinance, staff advised the Committee of a concern Councilmember Berrios had raised as to whether the 180-day period to install a FOG control device was sufficient, or whether additional flexibility and discretion should be incorporated. In response to Councilmember Berrios’ concerns, the Committee requested that staff amend the ordinance to provide that a FOG removal device must be installed within 180 days of receipt of notification from the city that such a device is required, or such greater time period determined appropriate by the Public Works Director and warranted by the circumstances existing at that time. This new language is highlighted on page 20 of the attached ordinance. This provision keeps the 180-day period, but grants the Director sufficient authority to grant an extension of time if the particular circumstances warrant such an extension. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Committee YEA: Boyce, Ralph NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. that repeals and readopts Chapter 7.04 of the Kent City Code, entitled “Sanitary Sewers”, to establish and enhance regulatory procedures, including the installation of removal devices and the implementation of best management practices to remove fats, oils, and grease from wastewater, and to create additional enforcement provisions that will give staff more flexibility to obtain code compliance. This page intentionally left blank. 1 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter ORDINANCE NO. AN ORDINANCE of the City Council of the city of Kent, Washington, repealing and readopting Chapter 7.04 of the Kent City Code, entitled “Sanitary Sewers” to establish and enhance regulatory procedures, including the installation of removal devices and the implementation of best management practices to remove fats, oils, and grease from wastewater, and to create additional enforcement provisions allowing for more flexibility. RECITALS A. The city of Kent (“City”) has codified its regulations concerning its sanitary sewer system in Chapter 7.04 of the Kent City Code (“KCC”). It has been at least 20 years since many of these regulations have been updated. Many of the regulations are outdated and do not adequately address current needs. B. This ordinance seeks to establish and enhance regulatory procedures that will allow the City’s Sanitary Sewer System to operate efficiently and aid in the City’s compliance with state and federal law, including the National Pollutant Discharge Elimination System. Some of these procedures include requiring that all existing and new facilities within the City that generate and discharge fats, oils, and grease (“FOG”) into wastewater install, operate, and maintain devices whose functions are to remove this FOG before it is discharged into the City’s Sanitary Sewer System. These removal devices are necessary to protect the health, safety, and welfare of 2 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter the public from sewer overflows due to obstructions caused by FOG and other prohibited materials from being discharged into the Sanitary Sewer System. C. In addition, this ordinance creates additional enforcement provisions that allow for more flexibility to tailor the penalty to the particular circumstances of the violation. These new enforcement provisions allow the City to recover its costs incurred in responding to violations, make it a violation not to reimburse the City for these costs, and create criminal penalties for negligent or knowing violations of the City’s sewer code. D. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed Kent City Code amendments are procedural in nature, and further SEPA analysis is not required for these local code amendments. A draft version of this ordinance was submitted to the Washington State Department of Commerce for expedited review on June 16, 2016, which was granted on July 2, 2016. The ordinance was considered by the City Land Use and Planning Board after a duly noticed public hearing on July 25, 2016. This ordinance was also considered by the Public Works Committee on August 1, 2016, which recommended Council adopt this ordinance, and it was additionally discussed as an informational item before the Economic and Community Development Committee on August 8, 2016. Council has considered this ordinance, together with all public comment, and has determined that adoption is appropriate. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Repealer – Chapter 7.04 KCC. Chapter 7.04 of the Kent City Code, entitled “Sanitary Sewer,” is repealed in its entirety. 3 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter SECTION 2. – Adoption – Chapter 7.04 KCC. Title 7 of the Kent City Code, entitled “Utilities,” is amended to adopt a new Chapter 7.04, entitled “Sanitary Sewers,” as follows: Chapter 7.04 SANITARY SEWERS Sec. 7.04.010. Purpose. This chapter shall be deemed an exercise of the police power of the city; is deemed expedient to maintain the peace, good government, and welfare of the city and its trade, commerce, and manufactures, and to ensure greater protection to life and health; and all of its provisions shall be liberally construed for the accomplishment of such purposes. Sec. 7.04.020. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Best Management Practices or BMP means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the stormwater system or Waters of the State. BMPs also include treatment practices, structural methods, and operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs are determined by reference to standard industry practice or applicable state, county, and local government design and pollution prevention manuals. B. Building Department means the Building Services Division of the City’s Department of Economic and Community Development. C. Building Sewer means that part of the lowest horizontal piping of a sewer drainage system that receives the discharge of soils, wastes, and other 4 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter drainage pipes inside the walls of a building and carries that waste from the building’s outside wall to the Public Sanitary Sewer or to an On-site Sewage System. D. Clarifier means an Oil/Water Separator as that term is defined in this section. E. Day or days means calendar days unless expressly stated otherwise in a given section or subsection. In addition, any portion of a 24-hour day shall constitute one full calendar day. F. Director means the city of Kent public works director, or his or her designee. G. Fats, Oils, and Grease or FOG means organic compounds derived from animal and/or plant sources that are used in, or are a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidify with a change in temperature or other conditions. H. Fats, Oils, and Grease (FOG) Generating Facility means any Food Processing Establishment, Food Service Establishment, Oil Generating Facility, and any other facility that discharges either Polar FOG or Non-Polar FOG into the Public Sanitary Sewer. I. Fats, Oils, and Grease (FOG) Removal Device means any Gravity Grease Interceptor, Hydromechanical Grease Interceptor, or Oil/Water Separator that is designed to separate and retain either Polar FOG or Non- Polar FOG from liquid waste prior to the Wastewater entering the Public Sanitary Sewer. J. Food Processing Establishment means a commercial establishment in which food or drink is manufactured, processed, or packaged. 5 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter K. Food Service Establishment means an establishment primarily engaged in the activity of preparing, serving, or otherwise making available food or drink for consumption by the public, including without limitation: a restaurant; bakery; butcher; tavern; coffee shop; food truck or vending vehicle; ice cream, smoothie, or yogurt shop; commercial kitchen; caterer; hotel; school; hospital; prison or correctional facility; and care institution. L. Gravity Grease Interceptor means a structure or device designed to separate and retain Polar FOG from Wastewater prior to the Wastewater exiting the Grease Interceptor and entering the Public Sanitary Sewer. These devices are often below-ground units in outside areas and are built as two or three chamber baffled tanks. M. Grease Interceptor means a Gravity Grease Interceptor as that term is defined in this section. N. Grease Trap means a Hydromechanical Grease Interceptor as that term is defined in this section. O. Hydromechanical Grease Interceptor means a device designed to separate and retain Polar FOG from Wastewater prior to the Wastewater exiting the device and entering the Public Sanitary Sewer and is identified by flow rate, separation, and retention efficiency. For purposes of this chapter, this term also includes a “FOG Disposal System” or an “Alternative Engineered Design” as may be provided for by the Uniform Plumbing Code, adopted by reference through KCC 14.01.010. P. Industrial Process means procedures involving chemical, physical, electrical, or mechanical steps to aid in the manufacturing, processing, or packaging of products. Q. Industrial Wastes means the liquid wastes generated from manufacturing operations, food processing, or other industrial processes. 6 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter R. Interceptor means a Gravity Grease Interceptor or a Grease Interceptor as those terms are defined in this section. S. Non-Polar FOG means mineral- or petroleum-based oils and grease. T. Oil Generating Facility means any facility that generates Wastewater containing Non-Polar FOG from the use of mineral or petroleum oil and grease products and discharges oily or sediment-laden Wastewater to the Public Sanitary Sewer, including without limitation: quick-lube stations, transportation fueling facilities, vehicle/heavy equipment repair, businesses using steam or pressure washers, and commercial car wash facilities. U. Oil/Water Separator means a large-capacity vault, either a baffle-type or coalescing plate-type separator, that is designed to separate and retain sediments; oils; deleterious, hazardous, or undesirable matter; and floating Non-Polar FOG from Wastewater before it is discharged into a Public Sanitary Sewer. V. On-site Sewage System is as defined by King County in King County Code § 13.08.280, as currently enacted or hereafter amended or recodified. The definition of On-site Sewage System effective at the time this ordinance was adopted is: An integrated system of components, located on or nearby the property it serves, that conveys, stores, treats or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, and a soil dispersal component. An on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. W. Person means any individual, firm, business, association, partnership, corporation, or other legal entity, public or private, however organized. Because “person” shall include both human and nonhuman entities, any of the following pronouns may be used to describe a person: he, she, or it. 7 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter X. Person Responsible for the Violation means any of the following: a person who has titled ownership or legal control of the Premises that is subject to the regulation; an occupant or other person in control of the Premises that is subject to the regulation; a developer, builder, business operator, or owner who is developing, building, or operating a business on the Premises that is subject to the regulation; or any person who created, caused, or has allowed the violation to occur on the Premises. Y. pH means a measure of the acidity or alkalinity of a solution, expressed in standard units. Z. Polar FOG means animal or vegetable-based fats, oils, and grease. AA. Premises means any real property, together with any house, building, or other structure located upon such real property. BB. Public Sanitary Sewer means a Sewer owned and operated by a governmental body or public utility in which all owners of abutting properties have equal rights of access in accordance with the provisions of this chapter, and which conveys Wastewater through the Sanitary Sewer System. CC. Sanitary Sewage means domestic and commercial Wastewater including flushed toilet water, water from dishwashers, clothes washing machines, and any other used water that generally is disposed of down interior household drains. DD. Sanitary Sewer System means a conveyance, or system of conveyances, that is designed to convey domestic and commercial Wastewater away from Premises through a Public Sanitary Sewer to a collection location for treatment by a governmental body or public utility. EE. Septic Tank means a watertight pretreatment receptacle receiving the discharge of sewage from a Building Sewer or Sewers, designed and constructed to permit separation of settleable and floating solids from the 8 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter liquid, and detention and anaerobic digestion of the organic matter prior to discharge of the liquid. FF. Sewage Disposal System means a system for disposing of Sanitary Sewage either by connection to a Public Sanitary Sewer, or connection to an Onsite Sewage System that is authorized by the department of Public Health—Seattle and King County, in accordance with this chapter. GG. Sewage Treatment Plant means any arrangement of devices and structures used for treating Sanitary Sewage. HH. Sewage Works means all facilities for collecting, pumping, treating, and disposing of Sanitary Sewage. II. Sewer means a pipe or conduit for carrying Sanitary Sewage. JJ. Sewer Outfall means a sewer that receives Sanitary Sewage and carries it, after treatment, to a discharge point into a body of water. KK. Side Sewer means a gravity flow pipe connecting the Building Sewer to the Public Sanitary. LL. Side Stub means the extension from the Public Sanitary Sewer to the Premises’ property line to which the Building Sewer connects to the Public Sanitary Sewer. MM. Stormwater System means facilities through which stormwater is collected, conveyed, or treated, including without limitation: inlets, conveyance pipes, pumping facilities, retention and detention basins, bioinfiltration facilities, drainage channels, and other drainage structures. NN. Suspended solids means solids that either float on the surface of, or are in suspension in, water, Sanitary Sewage, or other liquids and that are removable by laboratory filtering. 9 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter OO. Uniform Plumbing Code means the code that governs the requirements for the installation, alteration, removal, replacement, repair, or construction of all plumbing within the state of Washington, and that edition which has been adopted by KCC 14.01.010(E), as currently enacted or hereafter amended, for application and enforcement in the city of Kent. PP. Wastehauler means any person licensed to collect, pump, transport and/or dispose of Wastewater, Polar FOG, or Non-Polar FOG, and who (i) holds any valid state license as may be required by Chapter 18.27 RCW, and (ii) holds a valid business license issued by the city of Kent. QQ. Wastewater means liquid and water-carried Industrial Wastes and Sanitary Sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, institutions or any other Premises, whether treated or untreated, which are contributed or conveyed through the Public Sanitary Sewer. RR. Watercourse means a channel in which a flow of water occurs either continuously or intermittently. SS. Waters of the State means those waters as defined as “waters of the United States” in 40 CFR 122.2, within the geographic boundaries of the state of Washington, and those “waters of the state” as defined in Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters, groundwater, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. Unless the context clearly demonstrates the contrary, “shall” is mandatory and “may” is permissive, when used in this chapter. 10 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter Sec. 7.04.030. Powers and authority of the director, inspectors, and assistants—Discretion of the director. A. Access to facilities. The director and other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter upon all Premises for the purposes of inspection, observation, measurements, sampling, and testing in accordance with the provisions of this chapter. No consent, warrant, or court order is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists. B. Director discretion. In applying, interpreting, and enforcing this chapter, the director has the authority to impose additional conditions, to waive or alter the application of any requirement in any particular situation under the facts then-existing, or to alter any performance required under this chapter where the director determines such departure is necessary to mitigate identified or potentially negative impacts to the Sanitary Sewer System or public health, safety, or welfare. Sec. 7.04.040. Connection with Public Sanitary Sewer. It shall be unlawful for any person to make any opening in any Public Sanitary Sewer; to connect any private Sewer or drain therewith; or to lay, repair, alter, or connect any private drain or Sewer in any public street, alley, right- of-way, or easement, except as provided within this section. A. Connection—Licensed contractor. A contractor may conduct the work provided for within this section if the contractor is qualified and: (i) holds a valid state contractor’s license as defined in Chapter 18.27 RCW, (ii) holds a valid business license issued by the city, and (iii) has first obtained any required city approval or permit. A licensed contractor shall be responsible for all work done within any public street, alley, easement area, or other city right of way, or under any permits issued to the contractor under any other provision of this chapter. It 11 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter shall be the duty of every licensed contractor to leave with the City public works department the name and telephone number of the person responsible for the work to be conducted in any public street, alley, easement area, or other city right-of-way area. B. Connection—Owner. The owner or occupant of the Premises, or such person’s agent, may connect a Side Sewer to a Side Stub with the approval of and under the supervision of the director, after having first obtained all required permits. All other work must be performed by a qualified and licensed contractor. Upon granting any approval for connection of a Side Sewer to the Public Sanitary Sewer Side Stub, such person, including any future or subsequent owner, shall be responsible for all costs of maintenance, repair, removal of obstructions, cleaning, and operation of the Side Sewer, including that portion of the Side Sewer extending into the city’s right-of-way and connecting to the Public Sanitary Sewer, including without limitation the tee and Side Stub thereto. Acceptance of a Side Sewer connection under the provisions of this chapter within or outside of the city’s right-of-way shall not be deemed to create a duty upon the city to repair, maintain, replace, or clean the same. Sec. 7.04.050. Permit required to construct, extend, or repair Sewer. A permit is required for all work to construct, extend, relay, or repair a Building Sewer or a Side Sewer, or to make any connection to a Side Stub or the Public Sanitary Sewer, whether that work is performed on private property or within the city right-of-way. In addition to any conditions expressed on the permit, all Sewer permits are subject to the provisions of this chapter. The director shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the director when the work is ready for final inspection, and before any underground portions are covered. Work shall be done by the owner or a licensed contractor as provided for in this chapter. 12 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter Sec. 7.04.060. Permits for additional work required. When a permit has been issued, no additional work outside of the particular work for which the permit was issued shall be completed without the advance approval of the director, and a new permit must be obtained for such additional work. Sec. 7.04.070. Permit and inspection fees. A. Fees—Generally. The city council shall, by resolution, establish the fees to be assessed to implement and operate the regulations adopted in this chapter. An additional charge will be made if review and inspection time exceeds three and one-half hours. The hourly rate for this additional staff time shall be paid at the rate as established by council resolution. The fee shall be paid to the city before the permit is issued. In the event of any conflict or ambiguity regarding any fees authorized under this chapter and established by council resolution, the director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. B. On-site Sewage System fees—Public health. Permits to construct, install, or repair On-Site Sewage Systems are issued by the department of Public Health—Seattle and King County in accordance with the King County Code. Application for all necessary permits and payment of associated fees shall be made directly to the department of Public Health—Seattle and King County. C. Unauthorized work—Penalty. When work is commenced or performed without first obtaining the required permit, the basic permit fee will be doubled, however, the payment of that doubled fee will not relieve the person responsible for the violation from full compliance with all of the requirements of this chapter in the execution, inspection, or approval of the work, or from any other penalties that may be provided for by local, state, or federal law, including criminal penalties. 13 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter Sec. 7.04.080. Issuance of temporary permit. At the discretion of the director, a temporary permit may be issued permitting temporary connection to a Public Sanitary Sewer, Sewer Outfall, or Side Sewer. This temporary permit may be issued when, in the opinion of the director, failure to do so would endanger human health or the environment. A temporary permit is revocable by the director upon providing 60 days’ advance written notice to the owner, occupant, and the permit applicant. This notice shall be given by posting the notice on the Premises for which the permit was issued, or by mailing notice to any other address known by the City for the owner, occupant, and applicant. If the private Sewer or drain is not disconnected at the expiration of such notice, the director may disconnect the Sewer or drain and collect the cost of such disconnection from the owner, occupant, or permit applicant through the issuance of an invoice in accordance with KCC 7.04.270(A). Any permittee granted a temporary permit under this section will hold the city harmless from any damage by reason of the issuance or revocation of a temporary permit, or the disconnection of a temporary connection, as provided for under this section. Sec. 7.04.090. Display of permits. Any permit required by this chapter must, at all times during the performance of the work and until completion and final approval thereof, be posted in a conspicuous place at or near the permitted work Premises. Sec. 7.04.100. Permit time limit—Extension. Any permit issued under the provisions of this chapter shall be valid for a period of six months. In the event work is not completed within the time specified on the permit, an extension must be requested through the city permit center. Permit extension approvals will be granted on a case-by-case basis. No more than two extensions may be issued, at which time a new permit must be obtained. 14 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter Sec. 7.04.110. Permits to install or repair On-Site Sewage Systems. A. Permit required. It shall be unlawful for any person to construct, install, or repair any On-Site Sewage System within the city without first obtaining a permit from the department of Public Health—Seattle and King County, or any other approval that department may require. That department shall issue permits pursuant to the applicable King County standards, and the permit shall, until all work is completed and final approval obtained, be posted in a conspicuous place at or near the permitted work Premises. B. Disposal of contents. All liquids and solids removed from an On-Site Sewage System shall be disposed of to the satisfaction of the director and in accordance with all federal, state, and local laws. Sec. 7.04.120. Construction standards. All Sewers and Side Sewers shall be installed in strict accordance with the specifications contained in any existing city ordinance or code, any construction standards, any international or uniform codes that the city has adopted or adopts in the future, and any conditions imposed upon an issued permit. All construction shall be subject to the inspection of the director. Sec. 7.04.130. Use of Public Sanitary Sewer required. A. Proper sanitation required. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, or other objectionable waste. B. Sewage disposal system—Chapter compliance required. Except as provided in this chapter, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. 15 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter C. Connection to Public Sanitary Sewer required. The owners of all houses, buildings, properties or other Premises used in any manner for human occupancy situated within or without the city that abut any street, alley, or easement in which there is located a Public Sanitary Sewer of the city shall, at their expense, install suitable toilet facilities therein and connect those facilities directly to the proper Public Sanitary Sewer within 90 days from the date of official notice to do so, provided that the Public Sanitary Sewer is within 200 feet of any building on the owner’s property. D. Failure to connect when required. In addition to any other penalty authorized by this chapter, a property owner who fails to connect to the Public Sanitary Sewer within 90 days of receiving official notice to do so, shall be subject to a penalty that shall be a monetary charge in an amount equal to the base monthly sewer rate that would be charged against that property if it were connected to the Public Sanitary Sewer. The city’s finance department shall assess the penalty against the property through its utility billing system. E. Lien for costs and charges. Pursuant to RCW 35.67.200, failure to pay the penalties levied pursuant to this section shall constitute a lien for those delinquent and unpaid charges against the Premises to which the service is available. This lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. F. Interest assessed for delinquencies. All delinquent charges imposed under the authority of this section shall bear interest at the rate of eight percent per annum computed on a monthly basis. Sec. 7.04.140. Privy wells or vaults, cesspools—prohibited. No privy well, vault, or cesspool may be used or maintained if such use or maintenance is detrimental or dangerous to life or health. If such condition exists, the director may prohibit use of the privy well, vault, or cesspool and may order the same to be disinfected and filled with fresh earth. The director will notify in writing the owner and occupant of such Premises that the privy 16 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter well, vault, or cesspool must be disinfected and filled with fresh earth, and a suitable sewage disposal system, either public or private, constructed within a period of 20 days from and after the time when such notice shall be served, or such later date as the director may determine and identify within the notice. Sec. 7.04.150. On-Site Sewage Systems—Responsibilities of Owner and Occupant. Maintenance and repair of an On-Site Sewage System is the sole responsibility of the owner and occupant of the Premises, who shall maintain the system in accordance with all applicable laws and regulations, including the following: A. Prohibited discharge to Public Sanitary Sewer. No On-Site Sewage System may discharge to any Public Sanitary Sewer. B. Abandoned facility—Requirement to fill. Any septic tanks, cesspools, and similar On-Site Sewage Systems whose use has been abandoned shall be filled with suitable material and in a manner that will insure the public safety, health, and well-being. Such abandonment must be permitted through the department of Public Health—Seattle and King County under KCC 7.04.110. C. Maintain sanitation. All On-Site Sewage Systems shall be operated and maintained in a sanitary manner at the entire and sole expense of the owner and occupant. D. Repairs required. Whenever, in the judgment of the director or any public health officer, any On-Site Sewage System shall fail to function properly, or the continued use of such private On-Site Sewage System will be detrimental to life or health, the director may order such work to be done upon the Premises where the On-Site Sewage System is situated as necessary to restore and insure sanitary conditions upon such Premises. In such event, the director will notify in writing the owner and occupant of such Premises of the work required under this subsection. Unless otherwise 17 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter ordered by the department of Public Health—Seattle and King County, work shall be completed within a period of 180 days from and after the time when such notice shall be served, or such other time period determined appropriate by the director and warranted by the then-existing circumstances. The work shall be done in accordance with all federal, state, and local laws. Sec. 7.04.160. City may connect and assess costs. A. Failure to act—Connection made by city at cost of owner. If any owner or occupant shall fail, neglect, or refuse to connect its Premises to the Public Sanitary Sewer within the time specified in any notice provided under this chapter, or shall fail, neglect, or refuse to do the other work specified and ordered to be done as this chapter provides, the director may make such connection or do such work and collect the cost thereof from the owner, occupant, or other person responsible for the violation through the issuance of an invoice in accordance with KCC 7.04.270(A). B. Cost to become a lien. If unpaid, this cost shall additionally be assessed and become a lien against the Premises as authorized by law. Sec. 7.04.170. Side Sewer and private Sewer pipes— Maintenance and repair—Violation. A. Side Sewer. 1. Condition likely to cause obstruction—Violation. It is a violation of this chapter for there to exist in any Side Sewer a visually evident accumulation of FOG of animal, vegetable, mineral, or petroleum origin which, either alone or in combination with other wastes, is reasonably likely to obstruct flow or interfere with the operation or performance of any part of the Sanitary Sewer System. If the director shall give notice to the person responsible for the violation of such condition and of the corrective action necessary, it is a further violation of this chapter for such person to fail to take such corrective action. 18 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter 2. Damaged or Noncompliant Sewer—Notice and repair—Violation. When any Side Sewer, whether upon private property or upon the city’s right-of-way, is constructed, laid, connected, or repaired and does not comply with the provisions of this chapter or any construction standards or codes that may hereafter be adopted, or where it is determined by the director that a Side Sewer is obstructed, broken, inadequate, is a menace to health, or is liable to cause damage to public or private property, the director shall give notice to the person responsible for the violation of such condition and the required corrective action. It is a violation of this chapter for such person to fail to take the required corrective action by the date specified in that notice. B. Private Sewer. Whenever any private Sewer connected to any Public Sanitary Sewer becomes obstructed, broken, or out of order and the person responsible for the violation fails to repair the same within five days after notification by the director, the director is hereby authorized to remove, reconstruct, replace, alter, or clear the same as required at the expense of the person responsible for the violation, which expense shall be collected through the issuance of an invoice in accordance with KCC 7.04.270(A). When two or more houses or buildings are connected to the same private Sewer, the owners, agents, or occupants of such Premises shall be jointly and severally liable for any work done at the direction of the director under this section. No permit shall be required for the removal of obstructions from private Sewers, provided the Sewer pipe is not damaged. Sec. 7.04.180. Use of Public Sanitary Sewer. A. Discharge of storm or surface water to Sanitary Sewer System— Prohibited. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, or roof run-off, to the Sanitary Sewer System, unless expressly authorized by the Director. 19 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter B. Prohibited discharges to Sanitary Sewer System. Except as otherwise provided in this chapter, no person shall discharge or cause to be discharged any of the following described substances to the Sanitary Sewer System: 1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit; 2. Any water or waste that may contain more than 100 parts per million by weight of FOG; 3. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas; 4. Any emulsifying agent, enzyme, bio-additive, or similar chemical; 5. Any animal guts or tissue, paunch manure, bones, hair, hides or fleshings, entrails, fish guts or skin, seafood shells, cloth, carpet fibers, plastic, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, grass clippings, brewing or distilling slops, spent grain or hops, lard, tallow, baking dough, coffee grounds, tea leaves or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works; 6. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the Sewage Works; 7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, or to create any hazard in the receiving waters of the Sewage Treatment Plant; 8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the Sewage Treatment Plant; 9. Any noxious or malodorous gas or substance capable of creating a public nuisance; 10. Any liquid containing more than 350 parts per million by weight of suspended solids; or 20 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter 11. Any discharge with an average daily flow greater than two percent of the average daily sewage flow of the city without the prior review and approval of the director. C. Protection of Sanitary Sewer System. The following provisions are enacted in an effort to protect the Sanitary Sewer System from obstruction and to ensure its proper operation. 1. FOG Removal Device required. All FOG Generating Facilities shall install, operate, and maintain FOG Removal Devices of an approved type and adequate size to effectively remove Polar and Non-Polar FOG, sludge, and settled solids from Wastewater prior to the Wastewater entering the Public Sanitary Sewer. The city understands that there is a cost attributable to installing a FOG Removal Device. Therefore, all FOG Generating Facilities operating at a location within the city as of the original adoption date of this section (______, _____, 2016)1 shall install a FOG Removal Device within 180 days of receiving notification by the city that such a FOG Removal Device is required, or such greater time period as determined appropriate by the director and warranted by the then-existing circumstances. All FOG Generating Facilities that open or relocate within the city after the above- referenced adoption date must install, operate, and maintain a FOG Removal Device in compliance with this chapter prior to commencing operation. a. Installation of a FOG Removal Device. All FOG Removal Devices shall be installed as required by this chapter and shall conform in all respects to the Uniform Plumbing Code or other applicable building codes adopted for application in the city through Chapters 13.01 and 14.01 of the Kent City Code, including size, type, and installation method, unless otherwise approved by the director. Plans, specifications, and other pertinent information relating to proposed FOG Removal Devices shall be submitted for the approval of the director. No construction of such facilities shall be commenced until such approvals are obtained in writing. FOG Generating Facilities are responsible for obtaining a plumbing permit and final inspection 1 Code reviser to insert into the Kent City Code this ordinance’s adoption date. 21 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter approval before the FOG Removal Device may be put into operation. A FOG Removal Device shall be installed at locations where they are readily and easily accessible for cleaning, maintenance, and inspection. b. Maintenance of FOG Removal Device. All FOG Removal Devices shall be maintained and operated by the FOG Generating Facility at its own expense. These FOG Removal Devices shall be kept in continuous operation at all times, and shall be maintained in accordance with the Uniform Plumbing Code, established BMPs, and other federal, state, and local law. (1) Minimum frequency of maintenance. At a minimum, all FOG Removal Devices shall be maintained as required by this subsection. However, an increase in the cleaning frequency and additional BMPs may be required to reflect the actual operating conditions of each FOG Generating Facility. (a) Grease Interceptor. Maintenance of Grease Interceptors must be scheduled often enough so that Polar FOG and settled solids and sludge do not leave the device through its outlet. At a minimum, the Grease Interceptor must be cleaned when: (i) the volume of FOG and settled sludge and solids constitute 25 percent of the effective liquid volume; or (ii) if the inlet or outlet displays visible buildup or is obstructed with FOG or other debris. In no event shall the maintenance frequency be less than once every six months. (b) Grease Trap. Maintenance of Grease Traps must be scheduled often enough so that FOG and settled solids and sludge do not leave the device through its outlet. At a minimum, Grease Traps shall be cleaned when: (i) the volume of FOG and settled sludge and solids constitute 25 percent of the effective liquid volume; or (ii) if the inlet, outlet, flow control, or vent displays visible buildup or is obstructed with FOG or other debris. In no event shall the maintenance frequency be less than once every month. Unless specifically required or permitted by the City, no food waste disposal unit or dishwasher shall be connected to or discharge into any Grease Trap. 22 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter (c) Oil/Water Separator. Oil/Water Separators shall be cleaned when the buildup is eight inches deep in the inlet chamber or when there are two inches or more of oil in any chamber of the Oil/Water Separator. Coalescing plates must be cleaned before they become coated with silt or solids. (2) Performance of maintenance. Cleaning, inspection, and maintenance must be performed by a licensed contractor and/or Wastehauler qualified to perform such activities on a FOG Removal Device. (a) Required maintenance for Grease Interceptors and Oil/Water Separators. Maintenance for Grease Interceptors and Oil/Water Separators shall include without limitation the removal of the full contents of the Grease Interceptor and Oil/Water Separator including Polar and Non-Polar FOG, liquids, and settled sludge and solids from the device’s walls, baffles, inlet, outlet tee, piping, and floors. During maintenance, Grease Interceptors and Oil/Water Separators shall be inspected for internal and external damage, obstructions, leaks, and missing or damaged components. It is a violation of this chapter to merely skim the surface layer of waste material, to only partially clean the Grease Interceptor or Oil/Water Separator, or to use any method that does not remove the entire contents of the Grease Interceptor or Oil/Water Separator. The Grease Interceptor and Oil/Water Separator shall be filled with clean cold water before returning to service. If cleaning and repairs are required, they shall be performed within seven days of discovery. (b) Required maintenance for Grease Traps. Maintenance for Grease Traps shall include without limitation the removal of the full contents of the device including FOG, liquids, and settled sludge and solids. Removable baffles, plugs, and outlets shall be removed and cleaned, and the walls, cleanout, and all other components of the device shall be scraped free of accumulated FOG and food waste. During maintenance, the device shall be inspected for leaking seams and pipes; damaged or missing gaskets, lids, bolts, and latches; corrosion; and for effective operation of the baffles, venting, and flow-regulating device. The Grease Trap shall be filled 23 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter with cold clean water before it is returned to service. If cleaning and repairs are required, they shall be performed within seven days of discovery. (3) Disposal of material removed during maintenance. All FOG removed from a FOG Generating Facility shall be disposed of or recycled in accordance with federal, state, and local laws. (4) Maintenance records. Records of all maintenance activities shall be retained after each maintenance event and shall be made readily available to the city for review via email or in person. 2. Industrial Wastes—Control manhole—When required. Any business, establishment, or person who uses the Sanitary Sewer System to carry Industrial Wastes shall install and properly maintain a suitable control manhole in the Premises’ Sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be installed at a location where it is readily accessible, safe, and constructed in accordance with plans approved by the director. The control manhole shall be installed by the owner at the owner’s expense, and maintained by the owner so as to be safe and accessible at all times. 3. Waste cooking oil—Collection and proper disposal. Waste cooking oil shall be collected and stored in appropriate receptacles such as drums or bins at all FOG Generating Facilities and then disposed of or recycled in accordance with all federal, state, and local laws. Such storage receptacles shall be maintained by implementing proper BMPs to ensure they are watertight and do not leak. 4. Vegetable and fruit canneries—Collection and proper waste disposal. Vegetable and fruit canneries shall provide an efficient screen for the removal of skins, seeds, pomace, culls, discarded produce, and other suspended material and waste from the washing, sorting, or other canning processes. This screen must be 20-mesh, U.S. standard gauge, and may be of the vibrating, rotary, or any other effective type. It shall be located on the main outlet Sewer line or lines from the cannery in such a way that all Wastewaters, except cooling or other clean waters, will pass through the screen. Cooling or other clean waters may be bypassed around the screen or 24 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter discharged through a separate outlet. Screened and other solid material removed from the product during cannery operations shall be disposed of in a manner consistent with state solid waste handling regulations, and, in any event, in such a manner that it will not enter a Water of the State or the Sanitary Sewer System. 5. Standard applicable and measurement location. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with Standard Methods for the Examination of Water and Sewage, available online at www.standardmethods.org, and shall be determined at the location of the control manhole required under KCC 7.04.180(C)(2) and based upon suitable samples taken from that location. If no control manhole has been required under KCC 7.04.180(C)(2), the control manhole shall be considered to be the nearest downstream manhole in the Sanitary Sewer System at the point at which the Building Sewer is connected to the Public Sanitary Sewer. Sec. 7.04.190. Damage to Sewage Works. No person shall cause to break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the Sewage Works. Sec. 7.04.200. Planting of certain trees and shrubbery prohibited. It shall be unlawful to plant poplar, cottonwood, soft maples, willow, or any other tree or shrub in any location where the roots of such tree or shrub are likely to obstruct or damage public or private Sewers. The director is hereby authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs which extend into any public street or right-of-way, when such trees or the roots thereof are obstructing, or when the director has determined that they are liable to obstruct, public or private Sewers. The director shall give ten days’ advance written notice to the owner, agent, or occupant of the abutting property to remove such trees or roots, and it is a violation of this chapter for such owner, agent, or occupant to fail to timely and properly comply with the director’s notice. 25 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter If the owner, agent, or occupant fails or refuses to comply with the director’s notice, the director may remove the trees or roots when the city’s access to the property is legally authorized, and the reasonable cost of such removal, whether that removal is from private property, rights-of-way, alleys, or streets, shall be a charge against and a lien upon the abutting property from which such trees or shrubs are removed, which may additionally be collected against the abutting property owner in accordance with KCC 7.04.270. Sec. 7.04.210. Property not assessed for Sanitary Sewer construction under a local improvement district to pay sum in lieu of assessment. A. No permits shall issue for connection to any Public Sanitary Sewer for any property that has not been assessed for the construction of such Sewer by a local improvement district, except as follows: 1. Property that was not assessed for a local improvement district, but which has a Public Sanitary Sewer in the street, alley, or sewer easement abutting such property shall be charged an assessment on the same basis as property that was in the local improvement district. 2. Satisfactory arrangement shall be made with the finance director for payment prior to the issuing of any permits provided for in subsection (A)(1) above. B. Side Sewers constructed without the payment of the above charges shall be disconnected if, within 15 days after the owner and occupant have been notified by the director that the above charge are due, the owner or occupant fail to pay such charges. Sec. 7.04.220. Schedule of charges for service. The following charges for city Sanitary Sewer service inside the city limits are in effect on the dates and in the amounts listed below. Sewer service charges for 26 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter customers residing outside the city shall be the charges as on file in the city clerk’s office. King County imposes a Sanitary Sewer service charge for regional sewage treatment. These charges are passed through, without increase, directly to the city Sanitary Sewer utility customers. The King County pass- through charge for 2013 is known and established. It is expected, however, that King County will increase its pass-through charge over time. Accordingly, except for the 2013 charge, all other King County charges are estimates only. In order to simplify the rate-making structure, the finance director is authorized to amend King County’s pass-through charges at the time King County imposes new charges. Type of Service Charges per Month Effective on 1/1/2013 Charges per Month Effective on 1/1/2014 Charges per Month Effective on 1/1/2015 Charges per Month Effective on 1/1/2016 Charges per Month Effective on 1/1/2017 Charges per Month Effective on 1/1/2018 1. Single-family residential dwelling, as defined in Chapter 15.02 KCC. • City sewer rate $17.27 $17.96 $18.68 $19.43 $20.21 $21.02 • King County sewer rate $39.79 $39.79* $39.79* $39.79* $39.79* $39.79* • Total sewer rate $57.06 $57.75* $58.47* $59.22* $60.00* $60.81* 2. Two-family or multiple- family residential dwelling, as defined in Chapter 15.02 KCC, each unit separately metered and charged. • City sewer rate $17.27 $17.96 $18.68 $19.43 $20.21 $21.02 • King County sewer rate $39.79 $39.79* $39.79* $39.79* $39.79* $39.79* • Total sewer rate $57.06 $57.75* $58.47* $59.22* $60.00* $60.81* 3. Single-family residential/lifeline: eligibility criteria for the lifeline utility rate set forth in KCC 7.01.080 • City sewer rate $12.70 $12.85 $13.01 $13.18 $13.35 $13.53 • King County sewer rate $39.79 $39.79* $39.79* $39.79* $39.79* $39.79* • Total sewer rate $52.49 $52.64* $52.80* $52.97* $53.14* $53.32* 4. All other than service types 1, 2 and 3 shall be billed in accordance $7.61 per 100 cubic feet per month $7.70*1 per 100 cubic feet per month $7.80*1 per 100 cubic feet per month $7.90*1 per 100 cubic feet per month $8.00*1 per 100 cubic feet per month $8.11*1 per 100 cubic feet per month 27 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter Type of Service Charges per Month Effective on 1/1/2013 Charges per Month Effective on 1/1/2014 Charges per Month Effective on 1/1/2015 Charges per Month Effective on 1/1/2016 Charges per Month Effective on 1/1/2017 Charges per Month Effective on 1/1/2018 with the consumption of water and at the following rate, except that no monthly bill shall be less than the single-family residential rate set forth in service type No. 1. * Estimated Sec. 7.04.230. Water meters for METRO billing. All sewer accounts for other than single-family residential uses must have water meters or sewer meters for billing purposes. Sec. 7.04.240. Exemption meters. The amount of flow for the purpose of sewer service billing may be measured by a sewer meter installed and maintained at the customer’s expense or by reading a water meter with allowance made for water measured by any exemption meter which has been approved by both METRO and the city. Sec. 7.04.250. Certification of sewer meters. All sewer meters shall be certified for accuracy at least once each year by an independent testing agency. If the city demands an inspection other than a regular annual inspection and the inspection reveals that the meter is operating properly, the city shall bear the cost of the inspection; otherwise, the cost shall be borne by the customer. Sec. 7.04.260. Sewer service to customers obtaining water from sources other than the city water utility. For Sanitary Sewer service to customers obtaining water from sources other than the city water utility, the following regulations shall apply: 1. Single-family residential customers shall pay the flat rate which is on file in the city clerk’s office. 2. All customers other than single-family residential shall install a meter on their source of water within 30 days of date of application or service 28 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter will be discontinued. Upon request of the customer, the city will install a meter in accordance with its standard practice for such installations. 3. City personnel will read the privately owned meters on normal water meter reading dates. 4. If the meter is the property of a water district or other municipal corporation, the customer must submit written permission from the water district or municipal corporation for the city meter reader to read such meter on the normal reading date. Sec. 7.04.270. Violations and enforcement—Penalties. Any violation of any provision of this chapter may be enforced as provided for in this section. Each separate date, or portion thereof, during which any violation occurs shall constitute a separate violation. A. Recovery of costs incurred by the City. In addition to any penalty provided for in KCC 7.04.270(B) through KCC 7.04.270(D), a person who violates any of the provisions of this chapter shall be liable for all costs incurred by the City as a result of the violation. The City will issue an invoice to the person responsible for the violation advising him or her of the amount of costs incurred by the City as a result of the violation. The person to whom the invoice was directed must respond within 14 days of the date the invoice is served upon that person by: (i) paying the invoice, (ii) requesting a hearing before the City’s hearing examiner to mitigate the amount of the invoice, or (iii) requesting a hearing before the City’s hearing examiner to contest the amount of the invoice. Failure to timely respond shall result in the invoice being deemed valid and the City may seek collection of the invoice through the process provided for in Chapter 3.10 of the Kent City Code, including the use of a collection agency. Payment of any invoice issued shall not alleviate the person responsible for the violation from complying with this chapter. 29 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter 1. Service of notice. Service of an invoice issued under KCC 7.04.270(A) shall occur and is deemed complete in the same manner and under the same provisions as provided for in KCC 1.04.060. 2. Process to mitigate or contest invoice. The process through which a person may request a hearing to contest or mitigate an invoice issued to him or her as a person responsible for the violation is the same as that provided for Notices of Violation under KCC 1.04.120 through KCC 1.04.190. The hearing examiner’s decision as to any invoice issued under KCC 7.04.240(A) is final and may not be further appealed. 3. Failure to pay—Civil infraction. The failure to timely pay an invoice issued under KCC 7.04.270(A), or any mitigated invoice amount set by the hearing examiner, is a separate violation that may be enforced through the issuance of a civil infraction pursuant to KCC 7.04.270(B). B. Civil infraction. A person who violates any provision of this chapter may be issued a class 1 civil infraction 2 as set forth in RCW 7.80.120, as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be filed in the Kent Municipal Court and processed in the same manner as other infractions filed in the Kent Municipal Court. In addition, a civil code enforcement action may be instituted in accordance with KCC 7.04.270(C) to effectuate any abatement or corrective action required by the person as a result of the violation. C. Civil code enforcement. In addition to, or as an alternative to any other penalty provided for in this chapter or by law, a civil code enforcement action may be instituted under the provisions provided for in Chapter 1.04 KCC to effectuate any abatement or corrective action required as a result of a violation of this chapter, including the issuance of a stop use or stop work order under KCC 1.04.090 – KCC 1.04.110. The process through which the person responsible for the violation may contest a stop use or stop work 2 Reference note for staff and Council, not to be codified: Class 1 - Base fine $250, total fine $513 ($277.44 local, rest to state); Class 2 - Base fine $125, total fine $257 ($133.28 local, rest to state); Class 3 - Base fine $50, total fine $103 ($46.24 local, rest to state); Class 4 - Base fine $25, total fine $52 ($34 local, rest to state). 30 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter order is the same as that provided for Notices of Violation under KCC 1.04.120 through KCC 1.04.190. Failure to timely abate the violation or take the required corrective action will result in the issuance of a fine in accordance with KCC 1.04.080 and KCC 1.04.200, which fine will be separate and apart from any fine that may have been issued under KCC 7.04.240(B). D. Criminal offense. Except as may otherwise be provided, a person who: 1. Negligently violates a provision of this chapter is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended; or who 2. Knowingly violates a provision of this chapter, or commits a repeated violation of this chapter, is guilty of a gross misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(2), as now enacted or hereafter amended. a. For purposes of this section “repeated violation” means, as evidenced by either a prior committed finding by the Kent Municipal Court of an infraction issued under this chapter, or a committed finding by the Hearing Examiner of a Notice of Violation issued under Chapter 1.04 KCC, or a committed finding by operation of law under KCC 1.04.130, that a violation of this chapter has occurred on the same property or that a person responsible for the violation has committed a violation of this chapter elsewhere within the city of Kent. To constitute a “repeat violation,” the violation need not be the same violation as the prior violation. 3. If a person is found guilty of a criminal offense as provided for in this KCC 7.04.270(D), or pleads guilty to another offense on recommendation of the prosecutor, the court shall order the defendant pay restitution to the City of Kent, or any other victim of the offense, for the total suffered loss or damage by reason of the commission of the crime. SECTION 3. – Savings. The existing Chapter 7.04 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. 31 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 32 Chapter 7.04 KCC Re: Sanitary Sewers— Repeal Existing and Adopt New Chapter PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. 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) SUE HANSON, INTERIM CITY CLERK P:\Civil\Ordinance\7.04-Sanitary Sewers-ECD_Comm-080816.docx Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: August 16, 2016 SUBJECT: Puget Sound Energy Easement on James Street Pump Station Property – Authorize SUMMARY: The James Street Pump Station located at 704 Woodford Ave. N. is under construction. As part of the project, Puget Sound Energy (PSE) electrical facilities need to be installed on site. PSE requires an easement from the City in order to install its facilities on City property. EXHIBITS: Puget Sound Energy Easement Parcel 914710-0005 RECOMMENDED BY: Public Works Committee YEA: Boyce, Ralph NAY: BUDGET IMPACTS: There are no additional budget impacts attributed to this easement. MOTION: Authorize the Mayor to sign and grant an easement to Puget Sound Energy for installation of electrical facilities on the James Street Pump Station property, subject to final easement terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. James St Pump Station WO 105081738 / RW -096580 / 704 WOODFORD AVE N Page 1 of 6 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department PO Box 97034 / EST-06W-TH Bellevue, WA 98009-9734 EASEMENT REFERENCE #: GRANTOR (Owner): THE CITY OF KENT GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: A Portion of the SE ¼ of Sec. 13, T. 22N, R. 4E, W.M. ASSESSOR’S PROPERTY TAX PARCEL: 914710-0005 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, THE CITY OF KENT, a Washington municipal corporation (“Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property" herein) in King County, Washington: LOT 1, BLOCK 1, WALMSLEY’S ADDITION TO CITY OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE 15, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID PREMISES CONDEMED IN KING COUNTY SUPERIOR COURT CAUSE NO. 706251 FOR STREET PURPOSE. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A DIAGRAM DEPICTING THE APPROXIMATE LOCATION OF THE EASEMENT AREA IS ATTACHED HERETO AS EXHIBIT “B”, AS A VISUAL AID ONLY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repai r, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems, provided that PSE receives written approval of owner prior to the construction of any additional facilities, which approval shall not be unreasonably withheld . PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its r ights granted in this easement. James St Pump Station WO 105081738 / RW -096580 / 704 WOODFORD AVE N Page 2 of 6 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have t he right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE’s sole judgment, interfere with or create a hazard to PSE’s systems. PSE shall, except in the event of an emergency, prior to the exercise o f such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE’s work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE’s work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner’s use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument, or PSE abandons and ceases to use the Easement Area for a period of five consecutive years. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE’s failure to initially install its systems within the Easement Area, within any period of time from the date hereof. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respec tive successors and assigns. James St Pump Station WO 105081738 / RW -096580 / 704 WOODFORD AVE N Page 3 of 6 DATED this _______ day of ________________________________, 20_____. GRANTOR: THE CITY OF KENT, a Washington municipal corporation By: ___________________________________ Suzette Cook Its: ________ _Mayor___ _______________ STATE OF WASHINGTON ) ) SS COUNTY OF __King______ ) On this _______ day of ______________________, 20 16, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ________________________________________________________, to me known to be the person(s) who signed as ______the Mayor____, of THE CITY OF KENT, a Washington municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official s eal the day and year first above written. __________________________________________________ (Signature of Notary) __________________________________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ________________________________________________ My Appointment Expires: ______________________________ Notary seal, text and all notations must be inside 1” margins James St Pump Station WO 105081738 / RW -096580 / 704 WOODFORD AVE N Page 4 of 6 PUGET SOUND ENERGY, INC. By: ___________________________________ (Name) Its: ________ _________ _______________ (title) STATE OF WASHINGTON ) ) SS COUNTY OF __King______ ) On this _______ day of ______________________, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ________________________________________________________, to me known to be the person(s) who signed as ______________________________________________________, of PUGET SOUND ENERGY, INC., the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. __________________________________________________ (Signature of Notary) __________________________________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ________________________________________________ My Appointment Expires: ______________________________ Notary seal, text and all notations must be inside 1” margins James St Pump Station WO 105081738 / RW -096580 / 704 WOODFORD AVE N Page 5 of 6 EXHIBIT “A” EASEMENT DESCRIPTION James St Pump Station WO 105081738 / RW -096580 / 704 WOODFORD AVE N Page 6 of 6 EXHIBIT “B” Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: August 16, 2016 SUBJECT: Consolidating Budget Adjustment Ordinance – 2nd Quarter – Adopt SUMMARY: This ordinance approves a $6,791,110 increase to the overall budget as follows: Adjustments totaling $6,408,110 have been approved by Council or under the provisions of KCC 3.70 – Public Contracting and Procurement. Highlights include: • $2,354,040 to recognize grants awarded for 72nd Avenue, Salmon Recovery and the Lake Meridian Dock. • $2,519,420 for 72nd Avenue Extension. • $759,970 for the Pine Tree Park settlement. • $591,350 to implement the wage provisions of the KPOA agreement. The remaining amount not yet approved by Council is an overall increase of $383,000, including: • $300,000 to establish a budget for initial planning of the light rail stations to be constructed within Kent. • $83,000 to expand the marketing budget paid from hotel/motel tax, per action taken by the Lodging Tax Advisory Board. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph, Thomas NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. , approving budget adjustments made between April 1, 2016, and June 30, 2016, reflecting an overall budget increase of $6,791,110. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between April 1, 2016 and June 30, 2016, reflecting an overall budget increase of $6,791,110. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2015-2016 biennial budget is amended to include budget fund adjustments for the second quarter of 2016 from April 1, 2016 through June 30, 2016, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2015-2016 biennial budget Ordinance No. 4137, as amended by Ordinance Nos. 4149, 4168, 4173, 4185, and 4200 shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 1 2015-2016 Budget Adjustment Second Quarter - 2016 SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. 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) SUE HANSON, INTERIM CITY CLERK P:\Civil\Ordinance\Budget Adjustment Ordinance 2nd Quarter 2016.docx 2 2015-2016 Budget Adjustment Second Quarter - 2016 Fund Title Previously Approved Approval Requested Total Adjustment Ordinance 100 General Fund 1,209,880 - 1,209,880 110 Street Fund 55,200 - 55,200 130 Lodging Tax Fund - 83,000 83,000 150 Capital Resources Fund 759,970 150,000 909,970 160 Criminal Justice Fund (343,738) - (343,738) 190 Other Operating Fund 20,000 - 20,000 310 Street Capital Projects Fund 2,269,888 - 2,269,888 320 Parks Capital Projects Fund 537,200 - 537,200 330 Other Capital Projects Fund 199,710 150,000 349,710 440 Drainage / Sewer Utility Fund 1,700,000 - 1,700,000 Total 6,408,110 383,000 6,791,110 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments April 1, 2016 to June 30, 2016 Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance 1 HR Supported Employment 12/08/2015 44,730 - 44,730 1 Establish HR Business Strategy Analyst Position 05/03/2016 61,400 - 61,400 1 Establish Homeless Planner Budget 02/02/2016 20,000 - 20,000 1 KPOA Contract 02/02/2016 560,020 - 560,020 1 Street/CJ Allocation to Annexation 12/08/2015 523,730 - 523,730 Total General Fund 1,209,880 - 1,209,880 110 72nd Avenue Extension 04/19/2016 120,000 - 120,000 110 Street Allocation to Annexation 12/08/2015 (64,800) - (64,800) Total Street Fund 55,200 - 55,200 130 Marketing Budget-Inc. per Lodging Tax Advisory Board - 83,000 83,000 Total Lodging Tax Fund - 83,000 83,000 150 Pine Tree Park Settlement 04/05/2016 759,970 - 759,970 150 Sound Transit Light Rail - 150,000 150,000 Total Capital Resources Fund 759,970 150,000 909,970 160 PD KPOA Contract 02/02/2016 31,330 - 31,330 160 Justice Assistance Grant KCC 3.70 45,797 - 45,797 160 WASPC Sex Offender Grant KCC 3.70 38,065 - 38,065 160 Criminal Justice Allocation to Annexation 12/08/2015 (458,930) - (458,930) Total Criminal Justice Fund (343,738) - (343,738) 190 Establish Homeless Planner Budget 03/01/2016 20,000 - 20,000 Total Other Operating Fund 20,000 - 20,000 310 72nd Avenue Extension 04/19/2016 1,199,710 - 1,199,710 310 Establish TIB 72nd Avenue Grant 03/20/2016 1,070,178 - 1,070,178 Total Street Capital Projects Fund 2,269,888 - 2,269,888 320 4th Qtr Fee-in-Lieu Funds 02/02/2016 37,200 - 37,200 320 Establish RCO Grant Budget 02/02/2016 500,000 - 500,000 Total Parks Capital Projects Fund 537,200 - 537,200 330 72nd Avenue Extension 04/19/2016 199,710 - 199,710 330 Sound Transit Light Rail - 150,000 150,000 Other Capital Projects Fund 199,710 150,000 349,710 440 72nd Avenue Extension 04/19/2016 1,000,000 - 1,000,000 440 Establish Salmon Recovery Grant 02/16/2016 700,000 - 700,000 Total Drainiage/Sewer Utility Fund 1,700,000 - 1,700,000 Grand Total All Funds 6,408,110 383,000 6,791,110 Budget Adjustment Detail for Budget Changes April 1, 2016 to June 30, 2016 110 - Street Fund 150 - Capital Resources Fund 160 - Criminal Justice Fund 310 - Street Capital Projects 440 - Drainage/Sewer Utility Fund 001 - General Fund 320 - Parks Capital Projects Fund 330 - Other Capital Projects Fund 190 - Other Operating Fund 130 - Lodging Tax Fund Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: August 16, 2016 SUBJECT: Outdoor Storage Code Amendment – Ordinance – Adopt SUMMARY: Multiple sections of the Kent City Code refer to “outdoor storage,” but that term is not defined in the code. Although the Kent City Code contains a definition for the term “outside storage,” it has been problematic for code enforcement actions when particular code sections use the term “outdoor storage”, which is undefined in the code. Without a definition, the City Attorney has nothing to present to a jury or the hearing examiner as to what “outdoor storage” means, what it applies to, or whatever it was intended to differ from “outside storage”. The Economic and Community Development Department treats outside storage and outdoor storage as the same, so adding the term “outdoor storage” to the current definition of “outside storage” contained in KCC 15.02.315 will easily solve the current issue. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. , amending section 15.02.315 of the Kent City Code, entitled “Outside storage,” to add the word “outside” to the definition of “outdoor storage” to clarify that “outdoor storage” and “outside storage” have the same meaning. This page intentionally left blank. 1 Amend KCC 15.02.315 - Re: Outdoor or Outside Storage ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 15.02.315 of the Kent City Code, entitled “Outside Storage,” to include the term “Outdoor Storage” to provide clarity that outdoor storage and outside storage have the same meaning. RECITALS A. Zoning districts throughout the City have varying purposes and characteristics with allowable uses and development standards established to achieve the desired characteristics. B. Without appropriate development standards, storage of equipment, materials or products in an open, uncovered yard or unwalled building may negatively impact the appearance and value of properties in the area where the storage is located. C. The terms “outside storage” and “outdoor storage” are used interchangeably in application of the zoning code provisions. However, there is a definition only for “outside storage” and staff desires to clarify the terms. D. At the June 27, 2016 workshop meeting, the Land Use and Planning Board (“LUPB”) authorized staff to move forward with a code amendment clarifying the terms outside and outdoor storage. 2 Amend KCC 15.02.315 - Re: Outdoor or Outside Storage E. The City determined that due to the administrative or procedural nature of this amendment, neither notification to the State nor State Environmental Policy Act review is required. F. After holding a public hearing on July 25, 2016, the LUPB recommended approval of the ordinance amending Chapter 15.02 of Kent City Code. The Economic and Community Development Committee, at its regularly-scheduled meeting on August 8, 2016, moved to accept the LUPB recommendation and forward the matter for consideration by the full City Council. G. The City Council, at its regularly-scheduled meeting on August 16, 2016, adopted the ordinance as presented by staff. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1.- Amendment.Section 15.02.315 of the Kent City Code, entitled “Outdoor storage,” is hereby amended as follows: Sec. 15.02.315 Outdoor storage or Outside storage. Outdoor storage or Outside storage means all or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials, and other similar items which detract from the appearance of the zone in which they are located. SECTION 2.– Severability.If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 3 Amend KCC 15.02.315 - Re: Outdoor or Outside Storage decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.– Corrections by City Clerk or Code Reviser.Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4.– Effective Date.This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 Amend KCC 15.02.315 - Re: Outdoor or Outside Storage PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. 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) SUE HANSON, INTERIM CITY CLERK P:\Civil\Ordinance\15.02.315 Outdoor Storage.docx Agenda Item: Other Business – 8A_ TO: City Council DATE: August 16, 2016 SUBJECT: Sewer and Water Rate Ordinance – Adopt SUMMARY: After conducting a system review and rate analysis, the city has determined that it is necessary to adjust its water and sewer rate structure, including combining the rate structure to create single, uniform rates for all city water services. A new rate is also included for dedicated firelines, which will pay for the water capacity and pressure needed to operate these systems when fire protection is needed. To accommodate ongoing cost increases after implementation of these rate changes, an annual cost of living increase has been added. Disposition and allocation of the city’s water, sewer, and storm utility tax revenue, which is imposed on each utility’s gross receipts, is being amended and clarified to conform to existing practice. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Committee YEA: Boyce, Ralph NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. , amending the Kent City Code to reallocate internal utility taxes, to increase rates and charges for water service, and to increase sewer rates. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 3.18.020, entitled “Certain utilities subject to tax,” to reallocate the internal utility taxes; amending rates in Section 7.02.180 entitled “Temporary water meters”; combining Sections 7.02.300 and 7.02.310 entitled “Water rates,” to increase rates and charges for all water service, whether within or outside the city; and amending Section 7.04.220 entitled “Schedule of charges for service,” increasing the sewer rates. RECITALS A. The city last established its water and sewer rate structure in 2008. Since that time, other municipal water and sewer providers have restructured their rates by more proportionately distributing overall system usage by balancing potable water consumption, water meter size, and non-potable fire protection standby reserves for sprinkler systems and other fire protection systems. Sewer rates were also adjusted accordingly. B. After conducting a system review and rate analysis, the city similarly has determined to adjust its water and sewer rate structure, including combing the rate structure to create single, uniform rates for all city water service. A new rate is also included for dedicated firelines, which will pay for the water capacity and pressure needed to operate these systems when fire protection is needed. 1 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates C. Increased operational costs have occurred since the city’s water and sewer rates were last amended, and in order to maintain and operate the city’s water and sewer systems at existing levels of service, rates for city water and sewer services are increased. D. To accommodate ongoing cost increases after implementation of these rate changes, an annual cost of living increase has been added based on the regional consumer price index (CPI), with increases capped until January 1, 2023, at 2.4% or the CPI, whichever is less, with increases after that date to conform to the CPI without any cap. E. Disposition and allocation of the city’s water, sewer, and storm utility tax revenue, which is imposed on each utility’s gross receipts, has been amended and clarified to conform to existing practice. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 3.18.020 of the Kent City Code, entitled “Certain utilities subject to tax,” is hereby amended as follows: Sec. 3.18.020. Certain utilities subject to tax. A. In addition to the other business and license fees required by the ordinances of the city, the city levies upon all persons, firms, or corporations (including the city) engaged in certain business activities a utilities tax to be collected as follows: 1. Upon every person, firm, or corporation engaging in or carrying on any telephone business within the city, an annual tax equal to six (6) percent of the total gross income, including revenues from intrastate toll, derived from the operation of such business within the city. 2 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, and one (1) percent to street improvement programs. 2. Upon every person, firm, or corporation engaging in or carrying on a business of selling, wheeling, furnishing, distributing, or producing gas, whether manufactured or natural, for commercial or domestic use or purposes, a fee or tax equal to six (6) percent of the total gross income from such business in the city during the tax year for which the license is required. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, and one (1) percent to street improvement programs. 3. Upon every person, firm, or corporation engaged in or carrying on the business of selling, wheeling, furnishing, or distributing electricity for light and power, a fee or tax equal to six (6) percent of the total gross income from such business in the city during the tax year for which a license is required. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three- tenths (0.3) percent to youth/teen programs, and one (1) percent to street improvement programs. 4. Upon every person, firm, or corporation engaged in or carrying on the business providing cable television services, a tax equal to six (6) percent of the total gross income from that business in the city during the tax year for which the license is required. All revenue received from this tax must be applied only to funding the city’s information technology department operations and capital projects budgets in the proportion determined by the city council in its biennial budget, including all amendments. 3 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates 5. Upon every person, firm, or corporation engaging in or carrying on a business providing solid waste collection services, a tax equal to eighteen and four-tenths (18.4) percent of the total gross income from such business in the city during the tax year for which the license is required. This eighteen and four-tenths (18.4) percent tax will be allocated as follows: six and one-half (6.5) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, one (1) percent to street improvement programs, and ten and six-tenths (10.6) percent to maintain and repair residential streets, including related impacts to curb, gutters, sidewalks, and other road amenities, but this ten and six-tenths (10.6) percent portion of the solid waste utility tax shall not be used to expand, extend, or widen existing residential streets or to build new residential streets. 6. Upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing water services, sewer, or drainage services, a tax equal to thirteen (13) percent of the total gross income from that business in the city during the tax year; upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing sewer services, a tax equal to nine and one-half (9.5) percent of the total gross income from that business in the city during the tax year; and upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing drainage services, a tax equal to nineteen and one-half (19.5) percent of the total gross income from such business in the city during the tax year. This thirteen (13) percent Unless otherwise directed by the city council in its budget process, Tthe total of these taxes revenues will be allocated as follows: five and seven-tenths (5.7) forty three and eighty- five one-hundredths (43.85) percent (43.85%) to the general fund for the use as allocated in the city’s budget; four (4)thirty and seventy-seven one-hundredths (30.77) percent (30.77%) to the general street capital resources fund only for the installation, operation, maintenance, and 4 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates repair of street lighting, subject to the limitations provided in subsection (A)(6)(a) of this section; fifteen and thirty-eight one-hundredths (15.38) ; two (2) percent (15.38%) dedicated solely to the repayment and elimination of debt in the city’s “other capital projects” fund subject to the limitations provided in subsection (A)(6)(b) of this section; one (1)seven and sixty-nine one-hundredths (7.69) percent (7.69%) to street improvement programs; and two and thirty-one one-hundredths (2.31) three-tenths (0.3) percent (2.31%) to youth/teen programs. a. The four (4) percent allocation for street lighting is further contingent on the requirement that the city allocate the funds freed up by this revenue to the city’s capital improvement fund(s). After payment of all capital debt, uUnless otherwise allocated by council, these remaining funds must be applied equally to (i) information technology capital programs directed at funding long- and short-term hardware and software replacement and (ii) street capital programs, but further restricted to funding street maintenance, repair, and signage only. If the cost to install, operate, maintain, and repair street lighting is less than the four (4) percent allocation for these purposes, the full four (4) percent amount must still be allocated from the general fund to capital programs for the above-stated purposes. b. The two (2)fifteen and thirty-eight one-hundredths (15.38) percent (15.38%) internal tax allocation will be dedicated to the city’s capital improvements resources fund for the sole purpose of retiring all debt in the city’s other capital projects fund; however, in any event Tthis two (2) percent portion of the tax shall be eliminated on January 1, 2023, or on the first day of the year following the date the debt in this fund is fully retired, whichever occurs first. B. In computing the tax provided in subsection (A) of this section, the taxpayer may deduct from total gross income the following items: 5 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates 1. The actual amount of credit losses and uncollectible receivables sustained by the taxpayer. 2. Amounts derived from transactions in interstate and foreign commerce which the city is prohibited from taxing under the laws and Constitution of the United States. SECTION 2. - Amendment. Section 7.02.180 of the Kent City Code, entitled “Temporary water meters,” is hereby amended as follows: Sec. 7.02.180. Temporary water meters. A. When water service is required for a specific short-term duration, upon approval of the director of public works, a temporary water meter may be obtained from the water utility. B. Such meters shall only be used for a designated project and shall be promptly returned to the water utility upon completion of the project or at the end of sixty (60) days, whichever comes first. The meters are to be returned in the same condition as when rented, and the user shall be held responsible for any damage thereto including paying all repair or replacement costs. While in the user’s possession, the user shall be solely responsible for the meter and as such, should it be lost or stolen, the user shall pay the water utility the cost of its replacement. C. The director of public works shall require that a cash bond be deposited with the city prior to receipt of a temporary meter. The amount of the bond shall equal the replacement cost of the respective meter. Upon return of the meter, the payment of all outstanding charges including any meter repair or replacement costs, the cash bond shall be released back to the user. 6 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates D. Temporary meters may be moved from one (1) hydrant to another within the same project; provided, the water utility is notified in advance of the proposed relocation and that hydrant wrenches are used to make all connections and disconnections. E. For each 100 cubic feet of water used with a temporary water meter, the rate charged will be $4.73 per 100 cubic feet of water used.The following temporary meter rates apply during the time periods listed below per one hundred (100) cubic feet of water used: Effective Date January 1 – December 31 12/31/1999 $2.30 01/01/2003 $2.42 01/01/2004 $2.54 01/01/2005 $2.67 All rates are also subject to a one-time temporary meter charge as follows: 1. Up to one and one-half (1-1/2) inch meter, fifty dollars ($50); 2. Two (2) inch and larger meter, one hundred dollars ($100). Payment shall be made in full upon return of the meter. If a meter is lost or stolen, payment for water used shall be based on an estimate made by the director of public works. SECTION 3. - Amendment. Section 7.02.300 of the Kent City Code, entitled “Water rates within the city,” is hereby amended as follows: Sec. 7.02.300. Water rates within the city. A. Water rates. The following staggered monthly rates apply during the time periods listed below to all water customers within served by the city limits of Kent. Within each time period, tThe lower rate applies per 100 7 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates cubic feet of water used for up to or equal to 7800 cubic feet per month, and the higher rate applies per 100 cubic feet of any water used in excess of 7800 cubic feet: WATER USE/CONSUMPTION Winter/Summer <=800cf: $2.40 >800cf: $4.73 Effective Date October 1 – April 30 May 1 – September 30 ≤ 700 ft3 > 700 ft3 ≤ 700 ft3 > 700 ft3 01/01/2005 $1.44 $1.95 $1.90 $2.42 06/01/2009 $2.13 $2.89 $2.81 $3.58 01/01/2010 $2.77 $3.75 $3.66 $4.66 01/01/2011 $2.85 $3.86 $3.77 $4.80 01/01/2012 $2.94 $3.98 $3.88 $4.94 01/01/2013 $3.03 $4.10 $3.99 $5.09 01/01/2014 $3.12 $4.22 $4.11 $5.24 All customers are also subject to a monthly demand charge for potable water service, dedicated fireline service, and water meters. For purposes of this chapter, a “dedicated fireline” constitutes the pipe(s) and appurtenances on private property that only supply water to the system riser for water-based fire protection systems, private hydrants, monitor nozzles, fire pump suctions, and tanks. The dedicated fireline begins after the property isolation device, and it contains water that will be used only when needed for fire protection purposes and so will become stagnant and non-potable. The fees for these monthly demand services are, which is as follows: 8 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates Meter size or, for Dedicated Fireline, Pipe size (inches) Residential Charge Effective January 1, 201708 Commercial Charge Effective AprilJanuary 1, 201709 Dedicated Fireline Charge Effective JuneJanuary 1, 201709 5/8 x 3/4 $5.26 $6.05 $8.95 ≤3/4 $23.15 $29.10 $2.75 1 $8.9436.25 $10.2842.20 $15.213.21 1-1/4 4.81 1-1/2 $13.6469.00 $15.6974.95 $23.226.42 2 $18.09108.30 $20.80114.25 $30.7810.27 3 $38.35173.80 $44.10179.75 $65.2725.67 4 $46.47265.50 $53.44271.45 $79.0951.33 6 $69.03 $79.38402.45 $117.48102.67 8 $88.50 $88.51533.45 $150.63173.25 10 $113.03 $129.98664.45 $192.37256.67 Meter size (inches) Charge Effective January 1, 2011 Charge Effective January 1, 2012 Charge Effective January 1, 2013 Charge Effective January 1, 2014 5/8 x 3/4 $11.99 $12.35 $12.72 $13.10 1 $20.37 $20.98 $21.61 $22.26 1-1/2 $31.09 $32.03 $32.99 $33.98 2 $41.22 $42.46 $43.73 $45.04 3 $87.39 $90.02 $92.72 $95.50 4 $105.90 $109.08 $112.35 $115.72 6 $157.31 $162.03 $166.89 $171.90 9 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates Meter size or, for Dedicated Fireline, Pipe size (inches) Residential Charge Effective January 1, 201708 Commercial Charge Effective AprilJanuary 1, 201709 Dedicated Fireline Charge Effective JuneJanuary 1, 201709 8 $201.70 $207.75 $213.98 $220.40 10 $257.58 $265.31 $273.27 $281.47 Beginning January 1, 2018, and on the first day of each calendar year thereafter, the total water rate for consumption, meters, and dedicated fireline usage will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1 through June 1 of the previous calendar year, if the CPI-W reflects an upward adjustment from the previous annual June to June period. For the years 2018-2022 the adjustment will not exceed 2.4% of the total water rate, but after that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4% limit. In order to simplify the rate-making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment. B. Lifeline customers. The city council will establish eligibility criteria for lifeline customers. For lifeline-qualified water service customers within the city limits, the following rates apply for water use per 100 cubic feet: Effective Date January 1 – December 31 01/01/2005 $0.51 06/01/2009 $0.53 01/01/2010 $0.54 01/01/2011 $0.56 01/01/2012 $0.57 10 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates Effective Date January 1 – December 31 01/01/2013 $0.59 01/01/2014 $0.61 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. SECTION 4. - Repealer. Section 7.02.310 of the Kent City Code, entitled “Water rates outside city,” is hereby repealed in its entirety. SECTION 5. - Amendment. Section 7.04.220 of the Kent City Code, entitled “Schedule of charges for service,” (which was codified as section 7.04.280 until recodified into a new section number by a separate ordinance enacted as of the same date this ordinance) is hereby amended as follows: Sec. 7.04.220. Schedule of charges for service. The following sanitary sewer service charges for city sanitary sewer service inside the city limits are in effect on the dates and in the amounts listed below. Sewer service charges for customers residing outside the city shall be the charges as on file in the city clerk’s office.King County imposes a sanitary sewer service charge for regional sewage treatment. These charges are passed through, without increase, directly to the city sanitary sewer utility customers. The King County pass-through charge for 20173 is known and established. It is expected, however, that King County will increase its pass-through charge over time. Accordingly, except for the 20173 charge, all other King County charges are estimates only. In order to simplify the rate-making structure, the finance director is authorized to amend King County’s pass-through charges at the time King County imposes new charges. 11 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates Beginning January 1, 2018, and on the first day of each calendar year thereafter, the total sewer rate will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1 through June 1 of the previous calendar year, if the CPI-W reflects an upward adjustment from the previous annual June to June period. For the years 2018-2022 the adjustment will not exceed 2.4% of the total sewer rate, but after that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4% limit. In order to simplify the rate-making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment. In addition, the year 2017 City rate for all types of service is subject to any CPI or King County rate increases; for the year 2018 the City rate will increase one-dollar and twenty-five cents (1.25) in addition to any CPI or King County rate increases; and for the year 2019 the City rate will increase fifty cents (.50) in addition to any CPI or King County rate increases. The following sanitary sewer service charges for city sanitary sewer service inside the city limits are in effect on the dates and in the amounts listed below. Sewer service charges for customers residing outside the city shall be the charges as on file in the city clerk’s office. Type of Service Charges per Month Effective on 1/1/20137City Sewer Rate Charges per Month Effective on 1/1/20148King County Sewer Rate† Charges per Month Effective on 1/1/20159Total Sewer Rate 1. Single-family residential dwelling, as defined in Chapter 15.02 KCC. $22.16 $44.22 $64.90 • City sewer rate $20.6817.27* $21.9317.96* $22.4318.68* • King County sewer rate $44.2239.79 $39.7944.22* $39.7944.22* • Total sewer $64.9057.06* $66.1557.75* $66.6558.47* 12 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates Type of Service Charges per Month Effective on 1/1/20137City Sewer Rate Charges per Month Effective on 1/1/20148King County Sewer Rate† Charges per Month Effective on 1/1/20159Total Sewer Rate rate 2. Two-family or multiple-family residential dwelling, as defined in Chapter 15.02 KCC, each unit separately metered and charged. $22.16 $44.22 $64.90 • City sewer rate $20.68*17.27 $21.93*17.96 $22.43*18.68 • King County sewer rate $39.7944.22 $39.7944.22* $39.7944.22* • Total sewer rate $64.9057.06* $66.1557.75* $66.6558.47* 3. Single-family residential/lifeline: eligibility criteria for the lifeline utility rate set forth in KCC 7.01.080. $12.70 $44.22 $56.92 • City sewer rate $12.70 $12.85 $13.01 • King County sewer rate $39.7944.22 $39.7944.22* $39.7944.22* • Total sewer rate $52.49* $52.64* $52.80* 4. All other than service types 1, 2 and 3 shall be billed in accordance with the consumption of water and at the following rate,* except that no monthly bill shall be less than the single-family residential rate set forth in service type No. 1. $8.65*7.61 per 100 cubic feet per month $8.827.70*1 per 100 cubic feet per month $8.887.80*1 per 100 cubic feet per month † Estimated, based on adjustments issued by King County. * Beginning January 1, 2018, this rate will adjust annually based on the basic rate shown for service types 1 and 2 above, calculated on this formula: Total Sewer Rate/7.5 = price per 100 cubic ft. per month. 13 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates SECTION 6. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 8. – Effective Date. Although the fees, rates, and charges established by this ordinance do not take effect until January 1, 2017, this ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. 14 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates 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) SUE HANSON, INTERIM CITY CLERK P:\Civil\Ordinance\7 04 and 3 18 Sewer Rate Increase.docx 15 Amend KCC 3.18.020, 7.04.220, and Ch. 7.02 KCC Re: Sewer and Water Rates This page intentionally left blank. Agenda Item: Bids – 9A_ TO: City Council DATE: August 16, 2016 SUBJECT: South 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft Construction Project – Award SUMMARY: This project consists of installing pier 2 bridge shafts in advance of the remaining project. There are 3 8-foot diameter drilled shafts in pier 2 (of the future bridge). The shafts extend approximately 70 feet into the ground. Overhead high power transmission lines that are in conflict with the construction of the 3 shafts in pier 2 will be de-energized by Puget Sound Energy from September 12th to October 7th of 2016. The road will be closed to through traffic during construction; a detour route will be put in place. EXHIBITS: Memo dated July 12, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The project will be paid for using State (Connect WA) funds. MOTION: Award the South 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft Construction Project to SB Structures in the amount of $912,323.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 12, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: South 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft Construction Project - Award Bid opening for the South 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft Construction Project was held on Tuesday July 12, 2016 with two (2) bids received. The lowest responsible and responsive bid was submitted by SB Structures in the amount of $912,323.00. The Engineer's estimate was $975,254.00. The Public Works Director recommends awarding this contract to SB Structures. Bid Summary 01. SB Structures $912,323.00 02. Condon-Johnson & Associates $1,087,481.00 Engineer's Estimate $975,254.00 This page intentionally left blank. 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 This page intentionally left blank. Page 1 of 9 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: 08/16/16 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, August 16, 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 • Residents are asked to provide feedback on three preliminary park layouts for a new, combined Morrill Meadows and East Hill Park which will also be home to a future YMCA. A postcard to nearly 600 residents adjacent to the parks will arrive in mailboxes August 12 – 15, and a news release was distributed August 8. The results of a June community survey have been used to inform the preliminary concepts for the new combined park, each proposing a unique approach to how the parks should be reconfigured and the features the new park should include. All include dog parks and trails. Residents can learn more about the three preliminary concepts and provide feedback at MyKentParks.com through Thursday, August 25. • An alligator tale – A resident reported seeing an alligator/crocodile-like reptile at Lake Meridian August 9 and the city’s public notification efforts have attracted the attention of the media. Our primary role at this moment is public notification, ensuring that people know there may be something in the water that they should be aware of. Washington Department of Fish & Wildlife tells us this does not likely pose a human threat, but we would still like our residents to use caution while at the park. We are also encouraging people to report any further sightings to State Fish and Wildlife at 1-877- 933-9847. The City’s Parks Department staff on site (Lifeguards and Parks Maintenance) is aware of the situation and if they become aware of its location, will contact Fish & Wildlife staff with the expectation that they would be responsible for any attempt to relocate it. Signs have been placed at the park and boat launch and residents at the Lake Meridian neighborhood have been notified via email. • Interim City Clerk Sue Hanson attended a meeting with our lobbyist Doug Levy to discuss possible legislation on Public Records Request. • Ann Macfarlane of Jurassic Parliament will be here for the city council workshop on September 20 to train the mayor and city council on Running Effective Meetings Using Robert’s Rules of Order. While the mayor and council will be the sole participants in the workshop, representatives of the city’s boards/commissions and neighborhood associations are welcome to attend and observe. Page 2 of 9 • The CAO attended the Association of Washington Cities (AWC) Legislative Committee meeting on August 11. The committee is charged with recommending the association’s 2017 legislative priorities to the board. • The CAO will miss the August 16 council meeting due to the Washington City/County Management Association’s (WCMA) summer conference in Walla Walla. Derek is WCMA’s vice president and conference chair this year. • Mill Creek neighborhood continues to experience spillover parking from Sound Transit riders. This o ld neighborhood has limited on-property parking. Some homes have none, which requires residents to use the on-street parking. A group of neighbors have been documenting license plate numbers, time of day and the day of the week with hopes to potentially install a Residential Parking Zone (RPZ) like what North Park neighborhood currently uses because of ShoWare Center events. • On August 6 and 7, Experience Historical Kent community members were successful in the downtown walking and pioneer cemetery tours. Twenty (20) people participated in the walking event and 18 on the bus tour. More events are scheduled the weekend of August 20. Visit www.KentWA.gov/ExperienceHistoricalKent for more information. • KUOW Seattle’s Public Radio Station hosted a listening tour on August 9 at the Kent library. They heard from 15 community representatives. Some of the questions that were asked were; “What do you love about Kent?”, “What would you like changed?”, “How has growth affected Kent?” There were good discussions around the room. • The Lakes neighborhood council, Neely Soames Homestead master gardeners, parks, public works, and Neighborhood Program representatives met on August 9 to go over some details as it relates to the Green River levee project. Residents have safety concerns with the newly installed ADA ramp and staircase, levee and Neely Soames park signage, vegetation replacement and restrictions as it pertains to the utility easement, and review of design options for riverward side of the levee and Neely Soames landscaping. Conversations will continue through the fall as the final stages of the levee work are completed in the Lakes neighborhood. ECONOMIC AND COMMUNITY DEVELOPMENT • Staff attended a ribbon cutting ceremony for the Grand Opening of Macrina Bakery’s Café (19215 66th Ave S). The Café is a premier example of ECD’s efforts to encourage “Make in Back, Sell in Front” concepts in the industrial valley, and foster amenities for employees and nearby businesses. • Staff spoke with shopping center representatives regarding potential mid-sized box and quick service restaurant tenants and development concepts for full utilization of current real estate. • Staff met with owners of a winery in Cashmere, WA interested in locating a production and tasting facility in Kent. Separately, ECD met with the owner of a small distillery similarly interested in locating and opening a production and tasting room in Kent. • ECD convened representatives of local colleges, Apprenticeship & Nontraditional Employment for Women, Aerospace Joint Apprenticeship Committee (AJAC) (ANEW), Pioneer Human Services, South King County Human Services, King County Economic Development and the Workforce Development Council of Seattle-King County to discuss forming a grant application to the Department of Labor known as “America’s Promise.” Staff is also in communication regarding the grant with the Center for Advanced Manufacturing in Puget Sound, workforce development at the Port of Seattle and the Page 3 of 9 Seattle Jobs Initiative. If successful, the grant application could bring $6 million over four years to South King County job trainers and support services to encourage disadvantaged residents, placement into advanced manufacturing careers in the Kent Industrial Valley with key Kent employers. An estimated 1,070 individuals would be served over four years. The group is committed to continuing to develop core concepts in absence of federal grant support in this application round. FINANCE • Finance is continuing to work with the mayor, CAO, and departments on the development of the Mayor’s proposed 2017/2018 budget. Final decisions will be made in early September and the Mayor will present her budget to Council at a special Council meeting on September 27. The budget process will then move into the Council’s purview through October and November. • Finance is currently working with the City’s IT department to create a set of guidelines or minimum internal control standards for new systems which may at some point be used to create a financial transaction. The idea behind this joint effort is to ensure that as IT works with departments on fulfilling those department’s needs, the IT department has these guidelines at their fingertips to help in the selection process. HUMAN RESOURCES • Community Outreach o Johnetta Rowsey spoke to a Mother Africa class of female job seekers at their organization regarding the importance of interview preparation. o The HR team participated in the 16th-Annual Diversity Employment Day Career Fair at the ShoWare Center on July 20 with other city representation from the Information Technology, Public Works, and Police departments. o Three Jewish Family Services clients, all engineers, have been hired into 2-year Term Limited positions in Public Works Engineering and Operations. o Working with the Public Works operation administration to develop a working interview in preparation of a supported employment hire in September. • Labor, Classification and Compensation (LCC) o Contract negotiations currently are underway with AFSCME. o A proposal framework has been developed for the non-rep salary survey, which will be presented for City Council approval. o Contract negotiations with Teamsters will begin in September. • Recruitment o Customer Service Representative interviews were held on August 8-9, with 15 candidates invited to participate in the interview process. o The police department accounting services asst. III positon interview was held on Wednesday, August 10 (one candidate- internal). o Human Resources and Information Technology staff met regarding the two senior systems analyst positions. o Staff completed the entry level and lateral corrections officer oral boards; new lists have been established; one entry level candidate passed and three lateral candidates passed and were placed on the eligibility list. Page 4 of 9 o The virtualization engineer position closed on August 3; one candidate met the minimum qualifications and is moving on in the process. o Advertisements were placed by the Prothman company on 11 specific recruiting websites and periodicals and more than 1,100 announcements were mailed to city clerks in 18 states to recruit for the city clerk position. Fourteen (14) candidates now are being evaluated to determine the interview pool for the position. o We’ve begun working with Karras Consulting on the executive search for the next parks director. The position is posted at karrasconsulting.net. • Risk Management hosted the second meeting of the Citywide Evacuation and Notification workgroup, led by Emergency Management. Participants include Emergency Mgmt., Police, IT, Risk Mgmt., Administration, Facilities and Finance. Plans to upgrade notification methods in the event of an emergency continue. IT has been researching the technology to accomplish this. • Benefits o Staff is reviewing the actuarial report for the Health and Wellness Fund for 2017. o Staff is enrolling in the E-Verify System for verification employment eligibility. INFORMATION TECHNOLOGY • Multimedia o KentTV filmed and posted live from the National Night Out (NNO) event on August 2. With over 1,500 views of the live video and hundreds of shares of the City’s NNO related posts. The full-length coverage will be aired and posted on social media the week of August 17. o Multimedia assisted the Parks department in getting out urgent communications regarding a possible alligator/crocodile reptile sighting at Lake Meridian. The Facebook posts were shared nearly 400 times, reached over 30,000 users and had over 70 comments and reactions. Signage was also produced to alert people using the lake. LAW • Assistant City Attorney Victoria Robben advised public works staff regarding ADA grievance policy, advised ECD/Fire staff regarding vacant house that caught fire (Childress), corresponded with new property owner of a problem property to advise of outstanding violations and address plans for abatement (Carter/Canale) and drafted a demand letter to a property owner who unlawfully cut down over 150 willow trees to improve his personal view (Fieldstone). Page 5 of 9 PARKS, RECREATION, AND COMMUNITY SERVICES • Riverbend Golf Complex o The Scotch and Vine restaurant opened (soft open) on Saturday July 30. The date for the official opening has yet to be set, they are training staff and trying new menu items. o The intake screens have been installed in the new irrigation well and test pumping is scheduled to begin next week. o Staff installed 60 yards of new bark at the Mini-Putt. o Hosted the Seattle Firefighters two day golf tournament, the Zonar company golf tournament and company meeting, the Washington State Golf Association Parent- Child tournament and the Riverbend Men’s Golf Club Summer Field Day. Scotch and Vine provided meals for both the Zonar and Seattle Firefighter tournaments. o This weekend is the 23rd annual Riverbend Amateur golf tournament. • Recreation o The 2016 Kent Summer Concert Series continued on Wednesday, July 27 with the Brian Waite Band at Town Square Plaza. A crowd of approximately 300 enjoyed Brian’s high-energy rock and roll for kids and families. On August 3, “Wednesday Picnic Performances” hosted Lucky Diaz and the Family Jam Band. This great group from Los Angeles has won a Latin Grammy and garnered three Emmy nominations and one win for their PBS TV show. People magazine called their album “The #1 COOLEST kids’ music.” Nearly 500 people attended the show. o Maui-based HAPA brought music from the Hawaiian Islands to “Thursdays at the Lake” on July 28. More than 1,000 people attended with many driving from throughout the region. Internationally known New Age/Jazz composer, pianist and recording artist, Scott Cossu performed on Thursday, August 4. o The Mid-Summer Adult Softball Leagues over the next several months bring over 900 participants on a weekly schedule to visit the City Center business district, specifically Hogan Park at Russell Road. o Lifeguard supervision at Lake Meridian is at the half-way point of the season. To date, there have been over 46,000 visitors/swimmers to the beach. To promote water safety there have been 1,247 life vests loaned out and in anticipation of higher temperatures this summer, there are 19 Lifeguards employed to support the schedule 7 days-a-week from 11:00am-7:00pm. o The Senior Activity Center held its first ever “Dog Days of Summer." This free event included demonstrations from the Seattle FlyDogs and the Kent Police K9 Unit, a doggie fashion, photo ops, pet parade, vendors and pet licensing through Regional Animal Services of King County. There were prizes awarded for best costume, as well as door prize drawings. Members of the community enjoyed showing off their pets or petting all the friendly, adorable dogs. When the event concluded, everyone was invited to the dining area to purchase a chili dog! o The Senior Activity Center escorted two separate trips to ride Crystal Mountain’s gondola with lunch at the restaurant at the top. The weather was perfect both days with magnificent views of Mt. Rainier. o Valley Cities Counseling’s Be Well workshops for August have focused on “Travel Can be Healthful for All”. This week’s topic discussed traveling at age 60+. It can be a different experience from traveling when you are young. They provided helpful tips for traveling as you age. Page 6 of 9 o There were 127 youth, grades 5 – 7, who just finished up an amazing week of overnight camp at Camp Waskowitz. This program engages youth in positive interactions, learn to work in teams, build communication skills and make new friends. o The adaptive recreation softball team with 15 athletes took 1st place at the Special Olympic Regional Tournament in Shoreline. They will be off to Everett for the State Tournament on August 20 with their sights on gold! o Staff attended a site visit at the Court with the Public Defender and the Washington State Office of Public Defense in relation to a grant the City received last December. The City requested using funding for investigation and interpretation which was funded. During the site visit, staff asked to include funding for alcohol/chemical dependency assessments as well as mental health screenings. We have received an amended contract from the State to allow for this expense. o Staff is participating in the "Best Starts for Kids" RFP review for homelessness prevention services. The review will be underway August – October. King County will be allocating $19M to support prevention case management and flexible funding to prevent people from becoming homeless. POLICE • Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions o Officer Gregory Cox resigned while on probation, he intends to re-evaluate his professional goals and return to school. We wish him well in the future. o Tomasso Campisi starts August 16 as a records specialist. • Significant crime activities/arrests/investigations o On July 25, at 11:17 p.m. a 19-year-old victim reported that he was at the Lake Meridian dock when two males, ages 15 to18 approached him. One of the males pulled a knife and robbed the victim of his cell phone. There were no injuries and the suspects are unknown. o On July 29, a 53-year-old male claimed he arrived at the transit center around 1:30 a.m. When he walked from the bus, three young males called out to him stating that they needed money and he looked as if he had some. As the victim tried to walk away, he tripped and the three males caught up to him and kicked him, punched him, took $75 dollars from him, and ran off. The victim did not get a look at their faces and could only provide a general description. o On July 31, three 15-year-old males were located inside a reported stolen vehicle. Two of the three stated that they had been walking through the neighborhood when they came across the vehicle and it was unattended. The door was open and the keys were in the ignition. The three decided to take the car and drive around in it for a while. They then parked and that is when police made contact with them. The three juveniles were arrested and booked into King Co Juvenile. • Chief Thomas met with Israel Vela, the new Chief School Operations and Academic Support Officer for the Kent School District, to discuss school security issues and the upcoming contract for School Resource Officers. Page 7 of 9 • Events and awards o National Night Out was a success. Thirty-one (31) teams went out to 95 participating events. o The annual Police Department retiree breakfast was August 10. The highlight for this year was a showcase of the contemporary law enforcement equipment and technology. PUBLIC WORKS • Street maintenance and concrete crews are finishing up with grind and inlay work on 124th Ave SE and then will be moving on to 256th near 148th. Then they will finish upgrading wheelchair ramps in the Triangle Park at Kennebeck Ave and Gowe St and they will be removing broken and lifted sidewalk panels along 64th Ave from S 234th St. to S 240th St. • The Signs and Markings crews are upgrading signs along 84th Ave S at S 222nd St., S 212th St., S 228th St., SE 223rd Drive and 122nd Ave SE. • Vegetation crews are mowing and line trimming at Montera Tract A, Summer Glen Div. 1, Hunters Run #2, Hunters Grove, Eldorado Hills, Crown Royal Tract B, Linda Crest Division 2, Whitney Glen, Glenmar, Jason Lane, Sun Meadows, Benson Meadows, Glen Carin South, Eastland Meadows. Also mowing the areas of 132nd and 208th, Reith Rd., Benson from 240th to 196th, Scenic Hill, West Valley, 132nd from Kent Kangley to 287th, 124th from Kent Kangley to 282nd, Reith Rd. and Armory, LA Fitness, Big Corn, Titus Parking Lot, 4th and Willis, West Valley Corners from 228th to 196th and the Green River Bridge to SR 167. • The Water Mains and Services department crews have finished installing the new flow control vault at our 125K Tank on 98th Avenue. We will be working on collecting bacteriological samples for new structure and tank so it can be placed back in service. • The Water Department has selected Kennedy Jenks Engineering to perform a water system seismic evaluation. This evaluation will help us determine our strengths and weaknesses and develop a prioritized list of improvements to maintain levels of service following a seismic event. • Water Usage Update: Demand in the water system has varied between 10-11 million gallons a day during the summer months this year. This is a decrease of 2% over last year’s demand when we saw one of the driest summers on record. • Sewer crews will be tv’ing storm lines in the area of James St. for Storm projects and the sewer on S Central. They will also be cleaning existing sewer lines on 209th to 216th and 37th Pl S to Frager Rd. • Storm crews are cleaning in the area of 208th and east valley, pumping and cleaning catch basins in at 80th and 180th, 4th and Gowe St. areas. The project crew will be dewatering, digging and installing check dams at the Earthworks pond, then moving onto cleaning the twin culverts on Titus and cleaning out the front bar screen at the Senior Center, plus catch basin repairs will also be done on 108th and 229th, 231st and 136th. • Fleet crews are working on setting up new additional police vehicles, Opticom unit replacements for Police light bars, installing GPS radio equipment in dump trucks, soliciting collision quotes/bids on Patrol cars and continue to maintain the sidearm mowers equipment. • Design Page 8 of 9 o 224th St. Phase 2 – 30% design and right-of-way plans for the roadway are being prepared. The type, size and location study is proceeding for replacement of the Garrison Creek bridge. o 108th/208th – Received approval from Washington State Department of Transportation (WSDOT) to obligate construction funds and to advertise. Finalizing plans and specs. Looking to advertise August 23. o 228th/UPRR Grade Separation – HDR (Consultant) working on final design of bridge. Geo Engineers performing two additional borings to finalize geofoam limits. Award to SB Structures to install drilled shafts scheduled for August 16 pending WSDOT approval to award. Working with Verizon to temporarily relocate fiber line overhead. Received UPRR license to install shafts. o 132nd Ave. Pedestrian Improvements – Preliminary sidewalk layout and project estimating is under way. Working on a TIB grant application which needs to be submitted by August 19. o 277th St. Auburn Project – Received a permit application yesterday from Auburn for installation of wetland fencing, traffic control and lane revisions within Kent city limits. • Survey o Construction Surveying: First Ave. South Storm, Pacific Highway Monuments, 228th Control Traverse o Topographic Mapping: 224th Phase II Creek, 228th Grade Separation, Riverview Park Cross Sections o Right of Way: 228th/224th E. Leg, 132nd Ave. Walkway Improvements, 228th Grade Separation • Construction o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee – South Reach: Landscape, irrigation, and site restoration work in the vicinity of the Neely House has started and is expected to be completed by August 19. o 72nd Ave Extension: Monitoring has shown that the settlement is complete to the Geotechnical Engineer’s satisfaction. A “restart” preconstruction meeting is being scheduled for August 17 and the startup of contract work will follow. o 2016 Asphalt Overlays: The full grind and pave of James Street from 104th Ave (Benson) to Jason Ave N is ongoing. Pavement repairs are taking place this week and the 1st lift of the new paving surface will proceed on August 15. The final lift of new pavement will be completed by the end of next week (weather permitting) followed by the replacement of traffic signal loops and raising castings to grade. This work will continue to have significant traffic impacts through the duration of these activities. Paving is to be completed prior to August 29 when the school year begins. o Kent Regional Trails Connector: Retaining wall construction is ongoing working from 64th Ave to the East. The trail section along 64th Ave is ready for placement of pervious asphalt paving and concrete placement for the pedestrian bridge abutments is scheduled for August 12. o Mill Creek Side Channel / Leber Homestead Property: Clean soil export and site grading is approximately 60% complete. Heavy truck traffic (10 to 15 trucks per hour) will continue on West Valley Highway for the next several weeks. Page 9 of 9 o Pacific Highway Median Planting Project: Excavation and export of the exiting planter material and installation of new topsoil is ongoing (approximately 80% complete). Installation of the new irrigation system is ongoing and planting will proceed in October. o 1st Avenue North Improvements – W. Smith St to W. James St: Curb & gutter installation is being completed and will be followed by grading for the road subgrade. o 2016 Crack Sealing: Contract work proceeded on August 9 and will be ongoing for several weeks. o 1st Avenue South Drainage Improvements: Contract work continues. o 76th Ave S Drainage Improvements: The preconstruction meeting with the contractor (Accord Contractors) took place on August 9 and contract work will proceed next week. • Transportation o Traffic Signal and Street Lighting Section  Met with KC Metro and their Consultant to implement Transit Signal Priority (TSP) operations along Hwy 99.  Reviewed proposed timing plans from Consultant for the Route 150 project.  Installed audible pedestrian signals at the three locations as requested by residents. o At the August 16 City Council meeting, a public hearing is scheduled for the draft crosswalks policy. o In collaboration with Engineering Design, staff is preparing a grant application for 132nd Avenue Pedestrian Improvements. o WSDOT and the Freight Mobility Strategic Investment Board are updating the 2014 Freight Mobility Plan and prioritizing projects for potential FAST funding. This week, staff will submit updated information on four grade separation projects. • Environmental o Coordinating with Ecology on a meeting to attempt to determine the minimum pump rate if or when the Landsburg Mine begins to emit hazardous waste. o Working on getting permission from the property owner to do emergency repairs on S. 212th St. road embankment just east of Winco. o Working on getting property access permission from a few homeowners along Meridian Valley Creek just north of S. 243d to fix erosion along the creek that is threatening some private properties. o Responding to questions from the City Council about the proposed Sanitary Sewer Code revisions. o Preparing plans for additional landscaping upgrades along James St., east of Central Ave. o Responding to contamination in the public storm water conveyance system along S. 216th St. west of Central Ave. # # # This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION