HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 10/03/2016 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana 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
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Public Works Committee Minutes
September 19, 2016
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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.
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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.
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Public Works Committee Minutes
September 19, 2016
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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
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Public Works Committee Minutes
September 19, 2016
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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
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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
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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
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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,
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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.
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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).
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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).
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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
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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
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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
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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.
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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
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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
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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.
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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:
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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-
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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
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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.
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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