HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/20/2009Public Works Committee Agenda
Councilmembers: Ron HarmonDebbie RapleeDeborah Ranniger, Chair
Unless otherwise noted, the Public Works Committee meets at 5:00 p.m. on the 1st & 3rd Mondays of each
month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
U:\PWCommittee\Agendas\2009\Apr 20 09.doc
April 20, 2009
5:00 p.m.
PUBLIC WORKS COMMITTEE MEETING
Item Description Action Speaker Time Page
01. Approval of Minutes Dated April 6, 2009 YES NONE 03 01
02. Information Only/SE 256th Street Mark Howlett &
Project Update NO Mark Madfai 10 03
03. (HCP) Habitat Conservation Plan/
Contract Amendment YES Kelly Peterson 05 05
04. Limited Street License between
the City of Kent & Electric Lightwave, LLC YES Tim LaPorte 05 21
05. Information Only Status Report/Residential Rob Knutsen &
Traffic Calming NO Chad Bieren 15 37
This page intentionally left blank.
PUBLIC WORKS COMMITTEE MINUTES
April 06, 2009
Page 1 of 2
U:\PWCommittee\Minutes\PWMinutes 04 06 09.doc
COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Members
Debbie Raplee and Ron Harmon were present. The meeting was called to order at 5:02 p.m.
ITEM 1- Approval of Minutes Dated March 16, 2009:
Committee Member Raplee moved to approve the minutes of March 16, 2009. The motion
was seconded by Harmon and passed 3-0.
ITEM 2 – Lower Green River Acquisition Project:
Environmental Engineering Manager, Mike Mactutis summarized that the Lower Green River Property
Acquisition Project involves purchasing three parcels totaling 19.44 acres located along the south
bank of the Green River along Frager Road S. The property will be used for a restoration project that
will include creation of floodplain storage and side channel refuge habitat parallel to the Green River.
Funds from the grant would be used to supplement acquisition costs including demolition, clean up
and administration. The City will be reimbursed $60,000 by the Salmon Recovery Funding Board
after the City of Kent spends its funds for this project.
Harmon moved to recommend authorization for the Mayor to sign the Project Agreement
Amendment with the Salmon Recovery Funding Board in the amount of $60,000, direct
staff to accept the grant and establish a budget for the funds to be spent within the Lower
Green River Property Acquisition Project, upon concurrence of the City Attorney and the
Public Works Director. The motion was seconded by Raplee and passed 3-0.
ITEM 3 – S. 228th Grade Separation Burlington Northern Santa Fe (BNSF) Railroad
Easement:
Engineering Supervisor, Mark Madfai explained that the S. 228th Street Grade Separation project
required an agreement with the BNSF Railroad that included the grant of surface, aerial and
construction easement rights to the city at a total cost of $22,337.00. Acquisition of these rights is a
condition of the agreement and execution of the associated documents by the city is required to
establish title in the city. The project is 65% complete and on schedule and is scheduled for
completion in October 2009.
Raplee moved to authorize the Mayor to sign the Easement Agreement and memorandum
of Easement for real property rights acquired from the Burlington Northern Santa Fe
Railway (BNSF) at S. 228th Street at a cost of $22,337.00, in a form acceptable to the City
Attorney and the Public Works Director. The motion was seconded by Harmon and passed
3-0.
ITEM 4 – Proposed Ordinance to Fund Water System Plan through Rates:
Public Works Director, Larry Blanchard, presented an informative PowerPoint presentation
highlighting the main issues discussed with Council over the past ten months. Blanchard
summarized that rate adjustments are required in order to meet Department of Health standards, to
meet bonding minimums and to maintain our water system. If rates are not adjusted the water
system will not be able to meet the required system improvements necessary to meet those
standards set by the Department of Health as outlined in the Water System Plan.
Harmon moved to recommend Council adopt an ordinance revising sections 7.02.300 and
7.02.310 of the Kent City Council to adjust water rates to those rates set forth in Option 2
presented to the Committee, and direct the City Attorney to draft the ordinance consistent
with this motion. Raplee seconded, Ranniger stated her objection and said that she would
prefer to go with Option 1. The motion passed 2-1 for Option 2.
1
PUBLIC WORKS COMMITTEE MINUTES
April 06, 2009
Page 2 of 2
U:\PWCommittee\Minutes\PWMinutes 04 06 09.doc
ITEM 5– 2009 Design & Construction Standards & Adoption of Ordinance:
Development Engineering Manager, Mike Gillespie noted that he was coming back to committee as
requested by committee members on March 16. Committee members had questions regarding
street lighting in new developments. Staff will research their questions and come back to committee
on May 4, 2009.
Walk on Item:
2009 Design & Construction Standards - Garrett Huffman, South King County Manager of the Master
Builders Association agreed about the light standards portion of the Construction Standards. He
stated that if the City is going to charge up-front, builders would like to know what that cost is. He
said that overall the Standards are good. Staff will meet with the Master Builders Association and
get back to the committee on May 4, 2009.
Committee members decided not to take action at this time.
ITEM 6 - Contract Renewal/Plemmons Industry – Signal & Lighting Maintenance Shop:
Public Works Director, Larry Blanchard stated that the City of Kent entered into a three (3) year
contract with Plemmons Industries, to house the Signal and Street Lighting Maintenance personnel
and equipment at the time to await the construction of the East Hill Operations Center (EHOC). The
construction of the EHOC has been delayed until such time as bonds can be sold for said
construction. In the mean time the Transportation Engineering Section of Public Works Engineering
must retain this space until such time as the EHOC is constructed and the Signal and Street Lighting
Maintenance functions can be moved to this facility. Blanchard requested the contract be extended
until the East Hill Operations Center is completed. Harmon asked that staff look at the possibility of
using City owned property along West Valley Highway; he mentioned that it has been vacant for
some time and may be a good option.
No motion was made. Staff will come back to committee with a report of their findings in
regards to the feasibility of using City owned property.
ITEM 7 - Lease Agreement for 23825 98th Ave. S:
Public Works Director, Larry Blanchard briefly went over the history of this request. Based on the
feedback received a Lease Agreement has been prepared for the Public Works Committee’s review
and approval.
Raplee moved to authorize the Mayor to sign the Lease Agreement between the City of
Kent and Montessori Plus School for the lease of parking spaces for overflow parking from
property owned by the Water Utility at 23825 98th Avenue South subject to the terms and
conditions acceptable to the City Attorney and the Public Works Director. The motion was
seconded by Harmon and passed 3-0.
Added Items:
South 256th Street LID - Deputy Public Works Director, Tim LaPorte updated the committee on the
status of the South 256th Street LID. The Design Section has held two public meetings to provide
information to the affected property owners. The meetings have been well attended with between 25
and 35 attendees. Another public meeting will be held on April 16 at Kent-Meridian High School.
Adjourned: The meeting was adjourned at 6:55 p.m.
Next Scheduled Meeting: Monday, April 20, 2009 at 5:00 p.m.
Cheryl Viseth,
Public Works Committee Secretary
2
Item 2 - Information Only
256th Street Project Update
3
This page intentionally left blank.
4
PUBLIC WORKS DEPARTMENT WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director Larry R. Blanchard, Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: April 9, 2008 Date: April 9, 2008
To: Chair Debbie Ranniger and Public Works Committee Members To: Chair Debbie Ranniger and Public Works Committee Members
PW Committee Meeting Date: April 20, 2008 PW Committee Meeting Date: April 20, 2008
From: Michael Mactutis, Environmental Engineering Manager and Kelly Peterson,
Environmental Conservation Supervisor
From: Michael Mactutis, Environmental Engineering Manager and Kelly Peterson,
Environmental Conservation Supervisor
Through: Larry Blanchard, Public Works Director Through: Larry Blanchard, Public Works Director
Subject: Clark Springs Water Supply System Habitat Conservation Plan
Contract Amendment
Subject: Clark Springs Water Supply System Habitat Conservation Plan
Contract Amendment
Motion:
Move to recommend authorizing the Mayor to sign an amendment with R2
Resource Consultants for $49,663.80 to complete the Clark Springs Habitat
Conservation Plan and Environmental Impact Statement upon concurrence of
the language therein by the City Attorney and Public Works Director.
Background: In January 2001, Kent City Council directed staff to complete an HCP for the
Clark Springs Facility. From 2001 – 2003 technical studies were completed for use in the
development of the draft HCP. Since December 2003, staff and the City’s consultants have
been negotiating the Draft HCP and writing the Draft EIS. An Administrative Draft HCP and
Administrative Draft EIS have been submitted to the Services for review. Following review
of the Administrative Draft by the Services, the City of Kent will address comments, and
then the draft HCP and EIS will be released for public comment through the National
Environmental Policy Act and State Environmental Policy Act public processes.
Background: In January 2001, Kent City Council directed staff to complete an HCP for the
Clark Springs Facility. From 2001 – 2003 technical studies were completed for use in the
development of the draft HCP. Since December 2003, staff and the City’s consultants have
been negotiating the Draft HCP and writing the Draft EIS. An Administrative Draft HCP and
Administrative Draft EIS have been submitted to the Services for review. Following review
of the Administrative Draft by the Services, the City of Kent will address comments, and
then the draft HCP and EIS will be released for public comment through the National
Environmental Policy Act and State Environmental Policy Act public processes.
Following the public comment period, the City and its consultants will work with the
Services to address public comments received during the public comment period and
incorporate them into Final HCP and EIS documents.
Following the public comment period, the City and its consultants will work with the
Services to address public comments received during the public comment period and
incorporate them into Final HCP and EIS documents.
The contract with R2 Resource Consultants was signed in February 2006 for $302,324.11
which included finishing the HCP and developing the EIS to finish the project. Efforts to
develop the HCP and EIS have been greater than anticipated by the City and its consultants
due to unforeseen technical issues and additional processes required by the Services.
Additional funds to complete the HCP are needed as a result of these specific requests from
the Services that were not anticipated and addressing technical issues to ensure certainty of
the long term operation of the Clark Springs facility.
The contract with R2 Resource Consultants was signed in February 2006 for $302,324.11
which included finishing the HCP and developing the EIS to finish the project. Efforts to
develop the HCP and EIS have been greater than anticipated by the City and its consultants
due to unforeseen technical issues and additional processes required by the Services.
Additional funds to complete the HCP are needed as a result of these specific requests from
the Services that were not anticipated and addressing technical issues to ensure certainty of
the long term operation of the Clark Springs facility.
In summary, this contract amendment will provide the City of Kent technical assistance to
complete the Final Habitat Conservation Plan (HCP) and the associated Final Environmental
Impact Statement (EIS) required for the issuance of an Incidental Take Permit from the US
Fish and Wildlife Service and the National Marine Fisheries Service (Services) for the Clark
Springs Water Source. The contract amendment is $49,663.80 for a total of $351,989.80.
In summary, this contract amendment will provide the City of Kent technical assistance to
complete the Final Habitat Conservation Plan (HCP) and the associated Final Environmental
Impact Statement (EIS) required for the issuance of an Incidental Take Permit from the US
Fish and Wildlife Service and the National Marine Fisheries Service (Services) for the Clark
Springs Water Source. The contract amendment is $49,663.80 for a total of $351,989.80.
Budget Impact: There will be no unbudgeted fiscal impacts as a result of this contract. Budget Impact: There will be no unbudgeted fiscal impacts as a result of this contract.
P:\Public\AdminSup\PWCommittee\ActionPage.doc
5
This page intentionally left blank.
6
AMENDMENT - 1 OF 2
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: R2 Resource Consultants, Inc.
CONTRACT NAME & PROJECT NUMBER: Clark Springs Habitat Conservation Plan & EIS
ORIGINAL AGREEMENT DATE: February 24, 2006
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor’s work is modified as follows:
1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Continue to assist the City in the preparation of a Habitat Conservation
Plan and Environmental Impact Statement. For a description, see the
Consultant's April 3, 2009, Scope of Work which is attached as Exhibit
A and incorporated by this reference.
2. The contract amount and time for performance provisions of Section II “Time of
Completion,” and Section III, “Compensation,” are modified as follows:
Original Contract Sum,
including applicable WSST
$302,324.11
Net Change by Previous Amendments
including applicable WSST
$0
Current Contract Amount
including all previous amendments
$302,324.11
Current Amendment Sum $49,663.80
Applicable WSST Tax on this
Amendment
$0
Revised Contract Sum $351,987.91
7
AMENDMENT - 2 OF 2
Original Time for Completion
(insert date)
June 30, 2008
Revised Time for Completion under
prior Amendments
(insert date)
June 30, 2009
Add’l Days Required (±) for this
Amendment
549 calendar days
Revised Time for Completion
(insert date)
December 31, 2010
In accordance with Section VII of the Agreement, the Consultant or Vendor accepts all
requirements of this Amendment by signing below, by its signature waives any protest or claim
it may have regarding this Amendment, and acknowledges and accepts that this Amendment
constitutes full payment and final settlement of all claims of any kind or nature arising from or
connected with any work either covered or affected by this Amendment, including, without
limitation, claims related to contract time, contract acceleration, onsite or home office overhead,
or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or
Vendor from strict compliance with the guarantee and warranty provisions of the original
Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
(title)
DATE:
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
R2 Resource – HCP & EIS Amd 2/Peterson
8
9
10
11
12
13
14
15
16
17
18
19
This page intentionally left blank.
20
LAW DEPARTMENT LAW DEPARTMENT
Tom Brubaker, City Attorney Tom Brubaker, City Attorney
Phone: 253-856-5770 Phone: 253-856-5770
Fax: 253-856-6770 Fax: 253-856-6770
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895 Kent, WA. 98032-5895
Date: April 20, 2009 Date: April 20, 2009
To: Chair Deborah Ranniger and Public Works Committee Members To: Chair Deborah Ranniger and Public Works Committee Members
PW Committee Meeting Date: April 20, 2009 PW Committee Meeting Date: April 20, 2009
From: Tim LaPorte, P.E., Deputy Public Works Director From: Tim LaPorte, P.E., Deputy Public Works Director
Subject: Electric Lightwave, LLC., Limited Street License Subject: Electric Lightwave, LLC., Limited Street License
MOTION:
Move to recommend Council authorize the mayor to sign a limited street
license from the City of Kent to Electric Lightwave, LLC. for their
telecommunications facilities in the right of way, in a form acceptable to
the City Attorney and the Public Works Director..
Summary: Summary:
Electric Lightwave, Inc. operated under a franchise agreement previously entered
into with the City dated December 4, 1991, per City of Kent Ordinance No. 3040.
Ordinance 3040 expired on May 4, 2002. Electric Lightwave seeks to maintain its
telecommunications system in the City of Kent in the form and location shown on
the exhibits to the license.
Electric Lightwave, Inc. operated under a franchise agreement previously entered
into with the City dated December 4, 1991, per City of Kent Ordinance No. 3040.
Ordinance 3040 expired on May 4, 2002. Electric Lightwave seeks to maintain its
telecommunications system in the City of Kent in the form and location shown on
the exhibits to the license.
Evolving state case law had resulted in a determination that the city will issue
limited street licenses to telecommunications companies, in lieu of franchises. State
law limits the city to an administrative fee as stipulated in RCW 35.99.030. Electric
Lightwave has executed the license agreement and remitted the associated fee.
Evolving state case law had resulted in a determination that the city will issue
limited street licenses to telecommunications companies, in lieu of franchises. State
law limits the city to an administrative fee as stipulated in RCW 35.99.030. Electric
Lightwave has executed the license agreement and remitted the associated fee.
Electric Lightwave will pay a one-time amount of $7,500.00. This amount includes
a $5000 administrative fee for a five year license and captures the arrearage
associated with the expiration of Electric Lightwave’s franchise in January 2002 at
the City’s previous rate of $500 per year.
Electric Lightwave will pay a one-time amount of $7,500.00. This amount includes
a $5000 administrative fee for a five year license and captures the arrearage
associated with the expiration of Electric Lightwave’s franchise in January 2002 at
the City’s previous rate of $500 per year.
Budget Impact: Budget Impact:
No negative impact anticipated. Administrative fees are not a revenue source. No negative impact anticipated. Administrative fees are not a revenue source.
21
This page intentionally left blank.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Item 5 - Information Only
Status Report/Residential Traffic Calming
37