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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 10/03/2016 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. October 03, 2016 4:00 p.m. Item Description Action Speaker Time Page 1. Call to Order -- Chair Higgins 01 -- 2. Roll Call -- Chair Higgins 01 -- 3. Changes to the Agenda -- Chair Higgins 01 -- 4. Approval of September 19, 2016 Minutes YES None 03 03 5. Ordinance Revising Enforcement Provisions of Illicit Discharge Code YES Tammy White 10 09 6. Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey YES Mike Mactutis 05 19 7. Info Only/Fall Recycling Event NO Gina Hungerford 05 23 8. Info Only/Vactor Solid Waste Disposal NO Greg Reed 10 25 9. Utility Tax Ordinance Proposed Revision YES Kelly Peterson 10 27 10. Information Only/Quiet Zone Update NO Chad Bieren 05 35 1 This page intentionally left blank 2 Public Works Committee Minutes September 19, 2016 1 Item 1 – Call to Order: The meeting was called to order at 4:02 p.m. by Committee Chair, Dennis Higgins. Item 2 – Roll Call: Committee Chair, Dennis Higgins was absent. Committee members Dana Ralph and Brenda Fincher were present, with Council member Ralph acting as Chair. Item 3 – Changes to the Agenda: There were no changes to the agenda. Item 4 – Approval of Meeting Minutes Dated September 15, 2016: Council member Fincher MOVED to approve the minutes of August 15, 2016. The motion was SECONDED by Committee member Ralph and PASSED 2 - 0. Item 5 – Consultant Agreement for Water System Seismic Vulnerability: Bryan Bond, Technical Analyst gave a brief presentation explaining various types of damage that have occurred due to high magnitude earthquakes worldwide over the past 15 years. Bond noted that these earthquakes have provided engineers and scientists with a greater understanding of how to study, model, and predict the reaction of infrastructure to ground movement. The last time an earthquake vulnerability assessment was conducted for the City water system was in 1996. Kennedy/Jenks was selected to analyze our water facilities (buildings, reservoirs, & sources) and distribution system piping for two locally anticipated earthquake scenarios: the Cascadia Subduction Zone and Seattle fault. The final report will include recommended improvements with planning level cost estimates. Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Kennedy/Jenks Consultants in an amount not to exceed $180,265 to complete a Water System Seismic Vulnerability Assessment, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee Member Ralph and PASSED 2 - 0. Item 6 – Scarsella Brothers, Inc. Change Order – Mill Creek (West Valley Highway) Water Line and Bridge Repair: Eric Connor, Construction Engineering Manager reminded committee members that staff briefed the Committee earlier this summer on the need for repairs to the water main that crosses over Mill Creek-Auburn, at West Valley Highway. The main serves the south part of the valley and was at risk for failure due to issues with the stream bank protection near the bridge. Scarsella Brothers Construction installed steel sheet piles and made permanent repairs to the water line. Scarsella Brothers mobilized work on Friday, June 10, and completed their work on July 14, 2016, at a cost of $133,382.23. 3 Public Works Committee Minutes September 19, 2016 2 Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign a Change Order with Scarsella Brothers, Inc. in an amount not to exceed $133,382.23 for services related to the water line repair of the Mill Creek (Auburn) 14 Bridge on West Valley Highway, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee Member Ralph and PASSED 2 - 0. Item 7 – King County Waterworks Grant Acceptance – Leber Homestead Arsenic Remediation- Authorize: Matt Knox, Environmental Biologist provided the Committee with an update on the Mill Creek Side Channel-Leber project which was previously funded for clearing, grubbing and the first phase of planting and was completed in March 2015. Grant funds in the amount of $100,000.00, will provide additional funding for final construction. Once completed, the restoration project will create off-channel habitat in the Green River near the confluence of Mill Creek-Auburn, increase floodplain refuge habitat for Chinook and other salmonids, enhance riparian habitat, and restore floodplain functions. Late in the design process, arsenic was found on the property from an orchard that was once located there in the 1960’s. Contaminants were hauled away, then 60,000 cubic yards of dirt were moved around the site to create the off channel area. There will be a ribbon cutting ceremony onsite for this project on October 6, at 10:00 a.m. Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign the WaterWorks (WW) Grant in the amount of $100,000, direct staff to accept the grant and establish a budget for the funds to be spent within the Mill Creek Side Channel (Leber) Restoration project. The motion was SECONDED by Committee Member Ralph and PASSED 2 - 0. Item 8 – Information Only/Proposed Street Light Policy: Tim LaPorte, Public Works Director noted that we do not currently have a policy in place for where and how we place street lights. During the recession a lot of jurisdictions grappled with the cost associated with street lighting. At the Mayor’s request staff is working on developing a policy and analyzing the cost for where money would be allocated. Lacey Jane Wolfe, Senior Transportation Planner noted that in 2015 the City paid an estimated $1.3 million to power street lights. She further noted that with existing power utility poles the cost is between $500 - $1,200 to add a single light fixture at a cost of $10 to $15 per month to power that single fixture. For the recent SE 256th Street project it cost about $500,000 to add about one mile of new street lights. The cost is more than just the pole, the cost could also include trenching and moving a sidewalk and that’s why it’s significantly more expensive; additionally, there would still be the ongoing cost per month to power the individual poles. 4 Public Works Committee Minutes September 19, 2016 3 Staff wanted to let committee members know that we are embarking on putting together a uniform city policy. LaPorte asked committee members for their thoughts regarding this proposed policy. Committee member Fincher stated that safety is important not only for drivers but pedestrians as well. Committee member Ralph said that the more our population grows the more pedestrians we have. We need a standard policy in place noting how and where to add lights. Important for public at large that there is a cost associated with lighting. We need to continue updating lights to LED lighting and look for available grants. There are a lot of dark areas in Kent. Some of these areas need to be considered in the street light policy as well. Committee members Ralph and Fincher gave the okay for staff to move forward with preparing a street light policy that provides for the installation, power and maintenance of street lights on streets designated as arterials. Staff will return to the committee in a month or so with a draft policy for their review. INFORMATION ONLY/NO MOTION REQUIRED Item 9 – Information Only/FEMA Flood Insurance Rate Map Update: Mike Mactutis, Environmental Engineering Manager provided an update on the Federal Emergency Management Agency (FEMA) remapping of areas that are not impacted by levees (levee protected areas are “secluded”). Mactutis’ presentation included the following:  Comparisons of FEMA Flood Insurance Rate Map (FIRM) the current map is from 1995 the preliminary map 2011 – never finalized.  Seclusion Criteria * Levee has not been shown to meet 44 CRF 65.10 * Levee is hydraulically significant during the 1% flood * Levee meets the definition of a levee as spelled out in 44 CRF 59 and/or * Flood Hazards on the river side of the levee will be updated with the most recent analysis in the flood study efforts.  Map of Levee areas for left and right banks of Green River  FEMA Flood Hazard Comparison – Frager Road Vicinity Map Mactutis stated that Kent’s path forward is to provide information to FEMA regarding levees in question and to continue working with King County on representation of levees versus revetments. The city must continue to move forward with improving our levees to an accreditable condition, this includes a higher urgency for left bank levee accreditation. Protecting our citizens and businesses in the Kent Valley are paramount. INFORMATION ONLY/NO MOTION REQUIRED Item 10 – Information Only/Utility Tax Ordinance Proposed Revision: Committee member Ralph stated that the Utility Tax ordinance was put in place to generate revenue to repair our residential streets. Tim LaPorte, Public Works Director 5 Public Works Committee Minutes September 19, 2016 4 noted that at the request of the Public Works Committee, staff has started analyzing our existing ordinance and what we can do to change that (specific portion of the code is highlighted in yellow in the packet). The specific portion that was highlighted refers to how the city can use those funds. At the time the solid waste utility tax was imposed staff pointed out that pursuant to the Americans with Disabilities Act (ADA) we are required to update appurtenances such as broken sidewalks or non-existent wheelchair ramps and to remove barriers whenever we go into a residential neighborhood and replace all the paving, for example. LaPorte noted that that program has been very successful. LaPorte noted that currently traffic calming is not funded. Lacey Jane Wolfe, Sr. Transportation Planner spoke about the traffic calming side of the Utility Tax. Wolfe noted the tremendous growth in the area, in the past 5 years the Puget Sound area has:  Added 86,000 new people  Added 270,000 new jobs since 2010  Added 150 new jobs every day in 2016 Staff is often contacted by residents about traffic growth that has put pressure on residential neighborhoods due to cut-through traffic. LaPorte noted that we expect to see more groups coming to the city for amenities to calm the traffic in their neighborhoods. This measure would be heavily used in the years ahead. Assuming staff has Councils’ approval staff would come back to committee. Staff will work on coming back to the committee in October. LaPorte reiterated that the changes would not be significant. Staff’s proposal would include the ability to fund the design and installation of neighborhood traffic calming devices and appurtenances. LaPorte noted that the current code allows only for the maintenance and replacement of existing infrastructure. Committee member Ralph noted that when committee members saw this item on the B&0 lists, it was a red flag and it does not belong there. Another piece she noted was to at least start talking about the standards for Traffic Calming. We have a prescribed program where thresholds have to be met before we do thing like speed humps and roundabouts and those kinds of things. Ralph wants to see a policy that is fair and that doesn’t simply make a change because a neighborhood has someone that is willing to “take on” the project. She wants to make sure we are providing all of our residents with those benefits if it is something that is needed in their neighborhood. She understands that there are reasons for those thresholds but maybe more discussion can be had. She asked staff to look at how many projects have been done in the past years that meet those standards and how many exceptions are there and is there a pattern in those exceptions? Maybe that’s an indicator that we need to look at that particular benchmark. INFORMATION ONLY/NO MOTION REQUIRED 6 Public Works Committee Minutes September 19, 2016 5 Item 11 – Information Only/Quiet Zone Update: Chad Bieren, Deputy Director City Engineer noted that draft plans for channelization have been completed. He noted that this work can be done without a railroad agreement and would cost about $500,000. There is currently $130,000 available. The remaining funding is proposed to come from B&O funds. Next steps are to hire a consultant to do the more difficult signal controller work, which we have to contract with the railroad to complete. We need about $100,000 to hire a consultant and then the rest of the costs can be estimated. We have estimated that the total project cost is $1.5 million. We are working with the Union Pacific on the status, particularly on Meeker and Smith Streets to find out what type of equipment they have; we had to pay them to go out and tell us what type of equipment they have that might be able to interface with what we need. He said that they will get back to us late winter or early spring. Bieren noted there are two other aspects; we are also putting together a petition with the UTC to complete the channelization work and we will need to have budgeting in place before the petition is submitted as the work will be expected to be done once it is approved. Bieren had a discussion with committee Chair Higgins about getting a representative from the Burlington Northern Railroad to come to a committee meeting to give an update on how their traffic signals work and answer questions on the status of their system. He is still working to schedule the meeting. INFORMATION ONLY/NO MOTION REQUIRED The meeting was adjourned at 5:07 p.m. Cheryl Viseth, Council Committee Recorder 7 This page intentionally left blank 8 Office of the City Attorney Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 400 West Gowe Street Kent, WA. 98032-5895 DATE: October 3, 2016 TO: Public Works Committee FROM: Tammy White, Assistant City Attorney Item 5: Ordinance Revising Enforcement Provisions of Illicit Discharge Code - Recommend MOTION: Recommend Council adopt an ordinance that amends section 7.14.150 of the Kent City Code to expand the enforcement options available to the City when its illicit discharge code provisions are violated. SUMMARY: The City of Kent has codified its regulations concerning prohibited discharges into the City’s storm system in Chapter 7.14 of the Kent City Code. Included within this chapter is KCC 7.14.150, which provides the remedies available to the City of Kent should a prohibited discharge occur. Currently, KCC 7.14.150 provides that a violation of the illicit discharge provisions may be enforced through either criminal or civil code enforcement proceedings. These two options, however, are not appropriate in all situations. Civil code enforcement proceedings are often appropriate when an ongoing code violation exists and the responsible party has not responded to the City’s request to voluntarily remove or abate the violation. That code enforcement process, however, is not a good fit when the violation is completed; any resulting injury is slight; or when immediate corrective action must be taken by the City to mitigate potential damage or injury to the environment or the City’s storm system . Similarly, criminal charges are most appropriate when the violation is egregious, when the violator is a repeat offender, or when other avenues have proven ineffective. Criminal charges are often not appropriate for smaller violations or those whose impact is not far reaching. Without another option available, the City occasionally finds itself in a position where a violator is not held accountable for his or her illegal conduct. This ordinance amends KCC 7.14.150 to make a third remedy available to the City of Kent — a civil infraction. By adding an option for a civil infraction, a police officer will be able to use his or her discretion to determine whether criminal charges or a civil infraction is most appropriate depending upon the particular situation’s circumstances. Additionally, this ordinance expressly provides that a violator must reimburse the City of Kent for any costs it incurs as a result of the prohibited discharge. Failure to contest, mitigate, or pay the City’s costs within fourteen (14) calendar days of invoice is also a violation for which an officer may issue a civil infraction. Exhibits: Ordinance (proposed) Budget Impact: None 9 This page intentionally left blank 10 1 Amend KCC 7.14.150—Violations and Enforcement for Illicit Discharges ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 7.14.150 of the Kent City Code relating to the City’s illicit discharge code provisions and entitled “Violations and Enforcement.” RECITALS A. The City of Kent has codified its regulations concerning prohibited discharges into the City of Kent’s municipal separate storm sewer system (“MS4”) in Chapter 7.14 of the Kent City Code (“KCC”). Included within this chapter is KCC 7.14.150 which provides the remedies available to the City of Kent should a prohibited discharge occur. B. Currently, KCC 7.14.150 provides that a violation of the illicit discharge provisions may be enforced through either criminal or civil code enforcement proceedings. These two options, however, are not appropriate in all situations. Civil code enforcement proceedings are often appropriate when an ongoing code violation exists and the responsible party has not responded to the City’s request to voluntarily remove or abate the violation. That civil code enforcement process is not a good fit when the violation is completed, any resulting injury is slight, or when immediate corrective action must be taken by the City to mitigate potential damage or injury to the environment or the City’s MS4 system. Similarly, 11 2 Amend KCC 7.14.150—Violations and Enforcement for Illicit Discharges criminal charges are most appropriate when the violation is egregious, when the violator is a repeat offender, or when other avenues have proven ineffective. Criminal charges are often not appropriate for smaller violations or those whose impact is not far reaching. Without another option available, the City occasionally finds itself in a position where a violator is not held accountable for his or her illegal conduct. C. This ordinance amends KCC 7.14.150 to make a third remedy available to the City of Kent—a civil infraction. By adding an option for a civil infraction, a police officer will be able to use his or her discretion to determine whether criminal charges or a civil infraction is most appropriate depending upon the particular situation’s circumstances. Additionally, this ordinance expressly provides that a violator must reimburse the City of Kent for any costs it incurs as a result of the prohibited discharge. Failure to contest, mitigate, or pay the City’s costs within fourteen (14) calendar days of invoice is also a violation for which an officer may issue a civil infraction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 7.14.150 of the Kent City Code, entitled “Violations and Enforcement,” and related to prohibited discharges into the City of Kent’s municipal separate storm sewer system, is amended as follows: Sec. 7.14.150. 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. 12 3 Amend KCC 7.14.150—Violations and Enforcement for Illicit Discharges A. Recovery of costs incurred by the City. In addition to any penalty provided for in KCC 7.14.150(B) through KCC 7.14.150(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 calendar 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. 1. Service of notice. Service of an invoice issued under KCC 7.14.150(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 7.14.150(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 7.14.150(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 7.14.150(B). 13 4 Amend KCC 7.14.150—Violations and Enforcement for Illicit Discharges B. Civil infraction. A person who violates any provision of this chapter may be issued a class 1 civil infraction1 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 7.14.150(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 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 7.14.150(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 1 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). 14 5 Amend KCC 7.14.150—Violations and Enforcement for Illicit Discharges 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 7.14.150(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. A. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein. B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to KCC 1.01.140. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 15 6 Amend KCC 7.14.150—Violations and Enforcement for Illicit Discharges 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 thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 16 7 Amend KCC 7.14.150—Violations and Enforcement for Illicit Discharges PASSED: day of , 2015. APPROVED: day of , 2015. PUBLISHED: day of , 2015. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\7.14 Illicit Discharge - Penalty Section.docx 17 This page intentionally left blank 18 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 29, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 3, 2016 From: Michael Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., Deputy Director City Engineer Item 6: Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey Summary: The City of Kent has an ongoing partnership with the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2017, The City of Kent will contribute $68,750 to the total annual program costs of $114,400 with the USGS and the city of Tukwila providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models as well as respond to flood events more effectively. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criteria to determine the City’s augmentation of flows in Rock Creek from October through December. This agreement will provide for operation, maintenance and data collection at six gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. Gage information is available at http://waterdata.usgs.gov/wa/nwis/current?type=flow. Exhibit: Joint Funding Agreement Budget Impact: Costs for this contract will be charged to the Water Utility for the Rock Creek gages and to the Stormwater Utility for the Green River, Mill and Springbrook gages. Motion: Move to recommend Council authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director. 19 This page intentionally left blank 20 21 22 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 20, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 3, 2016 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP – Special Projects / Transportation Engineering Mgr. Chad Bieren, P.E., Deputy Director City Engineer Item 7: Information Only/Fall Recycling Event/Composter Sale October 15, 2016 Summary: The Fall Recycling Event is happening on Saturday, Oct. 15th at Hogan Park, 24400 Russell Rd., 9am-3pm. Residents are invited to bring items not easily recycled at the curb, including appliances, tires, concrete/asphalt, Styrofoam and up to 3 boxes of documents to shred at no charge. NW Center will be on site to collect reusable household goods, as well as clothing in all shapes of repair, wearable or not. Composters will be available for sale at the event (while supplies last). The flyer will be going out in the mail this week and is also available on our website: KentRecycles.com. This event is funded by the Dept. of Ecology Coordinated Prevention Grant, the King County Waste Reduction and Recycling Grant, and the Local Hazardous Waste Management Program Grant. In the 2015 legislative session, the Coordinated Prevention Grant, was reduced by 59%, reducing Kent’s allocation from $224,910, to just under $93,000 for the two year grant cycle which ends June 30, 2017. Staff are working diligently to identify options to continue to provide the popular recycling events and waste reducing activities in both the commercial and multifamily sectors. Exhibit: None Budget Impact: None INFORMATION ONLY/NO MOTION REQUIRED 23 This page intentionally left blank 24 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 15, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 3, 2016 From: Rob Lovell, Sanitary Sewer Supervisor Through: Dave Brock, P.E. Deputy Director Operations Manager Item 8: Information Only – Vactor Solid Waste Disposal Summary: Through normal business operations of catch basin pumping and drainage ditch cleaning, a considerable volume of soil material is generated annually by the drainage utility. This material is temporarily stock-piled and processed at the utilities vactor decant facility located along 64th Avenue South. The level of contaminants (hydrocarbons and metals) within the material is tested prior to disposal to determine an appropriate disposal location. On June 20, 2016 staff informed the PW Committee there were approximately 1,200 cubic yards of material that contained high levels of contaminants requiring disposal. Since that presentation, the second stock-pile of material on hand (900 cubic yards) was tested. Tests results for contaminants were again high, requiring a certified disposal site to accept the material. A contract to load, haul and dispose of both stock-piles of contaminated material at a certified/permitted site was publically advertised. One bid was received from Rivers Edge Environmental Services in the amount of $217,056. Staff recommends awarding this contract at the October 4, 2016 Council Meeting. Exhibit: None Budget Impact: Fees for material disposal will be paid for out of the Drainage operating fund. INFORMATION ONLY/NO MOTION REQUIRED 25 This page intentionally left blank 26 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 28, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 3, 2016 From: Kelly Peterson, AICP, Transportation Manager Through: Chad Bieren, P.E., Deputy Director City Engineer Item 9: Utility Tax Ordinance Proposed Revision-Recommend Summary: At the request of the Public Works Committee, staff has examined and proposed draft language to broaden the solid waste utility tax ordinance provisions. The proposal would include the ability to fund the planning design and installation of neighborhood traffic calming devices, crosswalks and appurtenances within the funding source. The current code allows only for the maintenance and replacement of existing infrastructure. Exhibit: Ordinance Budget Impact: Reallocation of the solid waste utility tax. Motion: Recommend Council adopt an ordinance amending the Kent City Code 3.18.020(A)(5) to allow revenue from the solid waste utility tax to be used for the installation of residential traffic calming control devices, crosswalks and appurtenances, up to a maximum of $150,000 per year, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 27 This page intentionally left blank 28 1 Amend KCC 3.18.020 - Re: Certain Utilities Subject to Tax ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 3.18.020 of the Kent City Code entitled “Certain utilities subject to tax,” to include crosswalks and the residential traffic calming program as eligible expenses under the solid waste utility tax. RECITALS A. The City Council adopted a residential traffic calming program via resolution to address speeding in residential areas; and B. No funding mechanism currently exists to fund residential traffic calming projects; and C. The solid waste utility tax currently includes improvements to residential streets. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 3.18.020. Section 3.18.020 of the Kent City Code, entitled “Certain utilities subject to tax,” is amended as follows: 29 2 Amend KCC 3.18.020 - Re: Certain Utilities Subject to Tax 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. 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- 30 3 Amend KCC 3.18.020 - Re: Certain Utilities Subject to Tax 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. 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 curbs, gutters, sidewalks, and other road amenities, including crosswalks along with necessary appurtenances, and improvements related to residential traffic calming, 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. The amount used from this fund for neighborhood traffic calming devices and crosswalks shall not exceed $150,000 in any year. 6. Upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing water, sewer, or 31 4 Amend KCC 3.18.020 - Re: Certain Utilities Subject to Tax drainage services, a tax equal to thirteen (13) percent of the total gross income from such business in the city during the tax year. This thirteen (13) percent tax will be allocated as follows: five and seven-tenths (5.7) percent to the general fund for the use as allocated in the city’s budget; four (4) percent to the general fund only for the installation, operation, maintenance, and repair of street lighting, subject to the limitations provided in subsection (A)(6)(a) of this section; two (2) percent 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) percent to street improvement programs; and three- tenths (0.3) percent 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, unless otherwise allocated by council, the 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) percent internal tax allocation will be dedicated to the city’s capital improvements fund for the sole purpose of retiring all debt in the city’s other capital projects fund. This 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. 32 5 Amend KCC 3.18.020 - Re: Certain Utilities Subject to Tax B. In computing the tax provided in subsection (A) of this section, the taxpayer may deduct from total gross income the following items: 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. – 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 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 33 6 Amend KCC 3.18.020 - Re: Certain Utilities Subject to Tax 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 34 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 29, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 3, 2016 From: Chad Bieren, P.E., Deputy Director City Engineer Item 10: Information Only/Quiet Zone Summary: Staff will provide an update on progress to date. Exhibit: None Budget Impact: None INFORMATION ONLY/NO MOTION REQUIRED 35