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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/06/1998 (4) w t ��� JIM HARRIS CITY:)F Jim White, Mayor LIu WUKK5/FLAZNNING u AGENDA The City Council Public Works/Planning Committee will meet in Chambers East in Kent City Hall at 3:30 p.m. on MONDAY,APRIL 6, 1998 Committee Members: Tim Clark, Chair - Judy Woods - Tom Brotherton ACTION 1. S. 188th Street Vacation Yes Wickstrom 10 Min. 2. S. 272nd/277th St. Corridor Yes Wickstrom 10 Min. House Move Authorization 3. LID 340 - S 196th/200th St Yes Wickstrom 10 Min. Corridor(Green River to EVH) 4. 196th St Corridor Condemnation Yes Wickstrom 10 Min. 5. U.P.R.R./196th St Spur Crossing Yes Brubaker 15 Min. Franchise &Repealer- DRAFT 6. Revisions to Stormwater/Surface Water Yes Brubaker 10 Min. Drainage Codes; Authority to Inspect -DRAFT 7. Sewer service west of the Green River Yes Wickstrom 15 Min. 8. Closing of 110th Ave Access to S. 274th St Yes Brubaker 10 Min. Public Works/Planning Committee meets the first and third MONDAY of each month at 3:30 p.m. in Chambers East unless otherwise noted. ANY PERSONREQUIRING DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY IN ADVANCE FOR MORE INFORMATION. FOR TDD RELAY SERVICE CALL 1-800-635-9993 OR THE CITY OF KENT (206)859-2116. 220 4Ch AVF,NUE SOUTH / KENT,WASHING FON 98032-5895/TH ATUIONE (251)859-3300 1 [ �1r DEPARTMENT OF PUBLIC WORKS April 1, 1998 TO: Public Works/Planning Committee FROM: Don WickstromAt'j RE: South 188th Street Vacation At the March 17th Council meeting, this item was tabled and sent back to Committee for further review and discussion before going back to the April 7th Council meeting. The attached excerpt from the March 17th Council minutes explains that decision. R Y • GRAHAM &DUNN Pc A T T O R N E Y S MARISA V.UNDEt3. (206)340-9639 April 2, 1998 mlindcU@grahamdum.com HAND DELIVERED City of Kent Councilmembers Clerk of the Council 220 -4th Avenue S Kent, WA 98032 Re: Proposed Street Vacation at S. 188th Street— STV 97-3 Dear Councilmembers: This letter is submitted on behalf of our client, Pacific Northwest Group A, the applicant for the above-referenced street vacation. We are writing in response to the concerns expressed by some of the council at the March 17, 1998 council meeting regarding the impact on traffic caused by the loss of S. 188th Street as a right of way. =:> At the council hearing on March 17, 1998,there was only one party(John Ryan a representative of Toysmith) that complained about traffic impacts that might result due to the vacation of this portion S. 188th Street. Toysmith does not own property that abuts the portion of S. 188 h Street which the applicant seeks to have vacated. As such, Toysmith does not have legal standing to object to the proposed street vacation. => Moreover, Toysmith's property fronts 84th Avenue S. (East Valley Highway), and from there has access to three current east-west through-fares: S. 180th Street, S. 192nd Street and S. 212th Street. In addition,the City of Kent is constructing another major east-west through-fare at S. 196th Street. See, enclosed photographs of the Toysmith property which fronts the East Valley Highway at the intersection of East Valley Highway and 80th Place S. See also, enclosed maps evidencing routes other than S. 188th which are available to Toysmith in accessing the existing and proposed east-west through-fares. => Most importantly, however, it should be noted that this portion of S. 188th Street is a substandard roadway that is only about 20' wide except where it narrows at the drainage district property and narrows to approximately 14' wide. The pavement along this portion of the S. 188th Street shows obvious signs of distress and failure. It is not, and is not intended to be, a major east-west thorough-fare. In fact, the City of Kent's traffic plan does not even list S. 188th Street as an arterial. See, enclosed pictures of S. 188th Street from the west, looking east. 142o Fifth Avenue, 33rd Floor Seattle, Washington 98101-2 3 9 0 PHONE 2o6.624.8300 FAX 2o6.340.9599 x April 2, 1998 Page 2 = The Planning Staff and Public Works support this street vacation. => The applicant has agreed to all the conditions attached to the street vacation. => If this portion of S. 188t' Street is not vacated the project proposed by PNGA, which is conditioned on their making street improvements to 80`h Place S., and to 80t' Avenue S., will also be conditioned on their making street improvements to S. 188t' Street. As such, the cost of development will increase significantly. If the project does not make economic sense,the property may be sold instead of developed by PNGA. Any subsequent developers who acquire the property, will be faced with the same economic considerations resulting from the same environmental conditions that require improvements to each of the three roads surrounding the property. Until the property is developed, if at all, the liability and responsibility for this substandard street will remain with the City. RCW 15.79.010, et seq., clearly authorizes this Council to vacate this street by ordinance. The petition is supported by the owners of more than 2/3 of the property fronting the street, and a clear public purpose (increased tax base, increased employment base, increased warehouse space) supports the vacation of this street. PNGA respectfully requests the Council to approve the street vacation petition and vacate the street subject to the conditions proposed by the Kent Planning Department. Sincerely, GRAHAM& DuNN arisa V. Lindell MVL/mvl Enclosures cc: Jim Hams, Planning Department(w/Encl) Don Wickstrom, Public Works Department(w/Encl) j\c02082\m14071\03102 � C Kent City Council Minutes March 17 , 1993 STREET meeting would place a burden on his staff but VACATIONS that a records search could be done by then. Wickstrom said the road could be tapered and noted that the City of SeaTac would have to agree to condemn. He noted for Woods that it is not a time sensitive issue for the city, and Woods noted that there are similar issues in the downtown area. Wickstrom noted that there is a significant grade differential and that normally the applicant does the survey, since he is making the request. The motion to bring this issue back then carried. (OTHER BUSINESS - ITEM 4A) S. 188th street vacation. A public hearing to consider an application to vacate a portion of the S. 188th Street right-of-way located between 80th Place S. and Both Avenue S. was held on January 20, 1998 . Upon the appli- cant' s request, the matter was tabled. Marisa Lindell , representing the applicant, noted that at the meeting of January 20th, three letters raising concerns were submitted, and that Todd Timberlake, a representative of the applicant, asked for time to meet with these parties to try and address their con- cerns. Lindell explained that all of the concerns of the drainage district were addressed, but that two parties still object. She said there is a public purpose in vacating the street, in part based on the increased tax and employment base, and urged the Council to vacate the street. John Ryan, Corporate Counsel for Toysmith, explained that the basis of their objection is that, while their property does not abut and they dispute that they do not have standing to raise objections at this level, they don't dispute that they can't sue on the basis of the Council going forward with a vacation. He noted that they are affected by the proposed vacation, as well as concerns about the move- ment of freight east and west. He noted that they were able to reach agreement about every- thing including a monetary exchange, and said they spent a great deal of money improving 88th Place as a condition of getting their building permit. He noted that the agreement was pulled off the table at the last moment. 6 i 1 Y 1 Y t, ae ,1 io Toysmith fronts East Valley Highway at the intersection of East Valley Highway/ 80''Place S. sw g W q 172ND N W s S 74 I q W 41 ST W41 T F- ~ 177TH O D q � 7 w > Valley Medic Cen Orillia m S 1 s N 1 1 D 1 q p 9 2 r � r . J S 1 Toysmith SE 1B 1 S 192ND S1 91 J a S 194TH a S 190TH S19m q q � S1 Sl < � q r W iQ y S1 lgeH c 1 < > s P[S q S 200TH m m � o a S 202N0 < S 202ND m N < 204 = g $ < q J >< S 206TH S 208TH S MTH m r 1995 DeLo ....�: � ""' Fit'""��`aax'r• DEPARTMENT OF PUBLIC WORKS April 2, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom'A to. RE: S. 272nd/277th St. Corridor (House Move Authorization) The City purchased the Mitchell property at 11459 SE 266th Street, Kent, Washington on January 26, 1994. The house has no value to the City since it would cost approximately $12,000 for demolition and asbestos removal. The house is in the path of the above mentioned five lane arterial. The portion along 116th Avenue SE is scheduled for construction in 1999 or 2000. We have been in contact with the Pierce County Housing Authority. They are willing to move the house to a site at their cost and put the house to good use outside of the City of Kent. MOTION: Declare the house at 11459 SE 266th St. as surplus with zero value and authorize the Public Works Director to dispose of same. MD05098jf.277 US T o it �L _ �Wi � o _.� � L-erd• u _ o Am �Il n,° e'!II`' jl — r gyp 0 I• � O ci 41' An e I r 1 I ;1 j olal T5 0 , PI � °Ip�l I e s •I� d � j •Olcy'old o•�I� Y6 i��r—gi-iI� I I i ' 3L%v KrgoW � ' ••7 � i Iat � �Q I•� I Y-' � / obi � Q t II � o, ' p ; i I —1 _�i wa CL _ o moll y, �` Oo d 3' r 1 3 5 i'3nv M1t01 li OQi r ,y i o JNaI II �` L" sewn uo irmi a `� r / / out La W r z IS �e o �i GRE' WC Cm �r�� / ;i 00 Q _z z WNO �LL- Q ^ � U CL La W / H V LL �IOVl.j• � 1 QI 1 =- 1Y81Th3J r V ` ° nnrn _ T uocie;ouue 6uc;sal :aweuiasH LZ igo 60 'L6/60/60 Ale0 '0�NILL2\070\SdVHSI9\H1LL2\9M0\ 9 :aweu 5utMe DEPARTMENT OF PUBLIC WORKS April 21, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom RE: Transportation Improvement Board (TIB) Grant South 272nd/277th Corridor We have received a grant of$5,640,000 from the TIB for the construction phase of the S. 272nd/277th Corridor project. We are requesting authorization for staff to accept the grant, establish a budget for $5,640,000 and spend the funds on said project. Due to time constraints, this item has been placed on the April 21 st Council agenda under Other Business. MOTION: Recommend authorizing staff to accept the grant, establish a budget for $5,640,000 and authorizing spending the funds on the S. 272nd/277th Corridor project. i Transportation Improvement Account (TIA) E11111 Project Agreement for Construction Proposal Lead Agency City of Kent Project Number Authority Number 9P-106(003)-3 9815119P Project Title & Description South 272nd/277th Street Auburn Way N to 116th Avenue SE Total Amount Authorized Authorization to Proceed Effective From $5,640,000 March 13, 1998 IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIA funds allocated at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in ROW 47.26; the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based: all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for the development of the construction proposal as defined by Chapter 167, Laws of 1988. If the costs of the project exceed the amount of TIA funds authorized by the Transportation Improvement Board, set forth above, and the required local matching funds represented by the local agency to be committed to the project, the local agency will pay all additional costs necessary to complete the project as submitted to the Board. This shall not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of the Board. Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCVV 70.94.The lead agency certifies that the project meets all applicable Clean Air Act requirements. IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its reimbursable costs during the above referenced quarter year not to exceed the amount specified. Such obligation to reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and authorization to proceed with the project. LEAD CY TRANSPORTATION IMPROVEMENT BOARD 333 � of Mayo barman Dare E�ewtive Oirec[or Date TIB Fom 190-057 Revised 01097 DEPARTMENT OF PUBLIC WORKS April 21, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom Aw RE: Transportation Improvement Board (TIB) Grant Washington Avenue (SRI 81) We have received a grant of $276,000 from the TIB for the design phase of the Washington Avenue (SR181) project. We are requesting authorization for the Mayor to sign the grant agreement, direct staff to accept the grant, establish a budget for $276,000 and spend the funds on said project. Due to time constraints, this item has been placed on the April 21 st Council agenda under Other Business. MOTION: Recommend authorizing the Mayor to sign the grant agreement, direct staff to accept the grant, establish a budget for $276,000 and authorize spending these funds on the Washington Avenue (SR 181) project. • Urban Arterial Trust Account (UATA) i_pf� Project Agreement for Design Proposal Lead Agency City of Kent Project Number Authority Number 8-1-106(025)-1 98200481 Project Title and Description Washington Avenue (SR 181) Harrison Avenue to Green River Bridge Total Amount Authorized Authorization to Proceed Effective From $276,000 April 9, 1998 IN CONSIDERATION of the allocation by the Transportation Improvement Board of Urban Arterial Trust Account (UATA) funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any UATA funds allocated at any time to the above referenced project; it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the agency(ies), by the signature(s) below, hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the DESIGN proposal prospectus, acknowledges that funds hereby authorized are for the development of the construction proposal as defined by Chapter 126, Laws of 1973, 1st Ex. Sess., and is subject to immediate cancellation by the Transportation Improvement Board if the projects development is delayed in relation to the schedule presented to, and accepted by, the Board at the time of project authorization. Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW 70.94.The lead agency certifies that the project meets all applicable Clean Air Act requirements. IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation Improvement Board hereby agrees to pay the agency from UATA funds allocated, and not otherwise, for its elioible cosis during the ensuing quarter year not to exceed the amount specified. Such obligation to pay UATA funds extends only to project cost incurred after the date of the Board's allocation funds and authorization to proceed with the project except as provided by the Board rules on projects that require a value engineering study prior to approval of the design proposal prospectus. LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD Signature of Mayor/Chairman Date Execubve Director Date • TIB Revised 0197 DEPARTMENT OF PUBLIC WORKS April 1, 1998 TO: Public Works Com ittee FROM: Don Wickstrom RE: LID 340 - S. 196th/200th St. Corridor Improvement Green River to East Valley Highway Background The proposed South 196th/200th Street Corridor improvements have been identified and referenced as a necessary link in the valley's transportation network for over a decade by both the City and King County. It has been included on the City's six year transportation improvement plan since 1984, and has been included in the County's Comprehensive Plans, Transportation Plans and Transportation Needs Reports since 1985. Environmental review on the project progressed from 1993 through 1996 and final design and construction have commenced since then. This project has become increasingly crucial to meeting the City's transportation concurrency requirement due to the rapid development of the valley. This project will provide a new link to 1-5 by constructing a new ENV arterial connecting Orillia Rd. to West Valley Highway (SR 181) and to East Valley Highway. Further it provides the only grade- separated arterial crossing of both UPSP and BNSF railroad tracks in the City. With construction of the Green River Bridge now well underway, the County portion of the corridor scheduled to open for bids in April, and the City portion advancing into final design, it is time for the City to proceed with the LID formation. Per preparation on the L.I.D. the City hired Bruce Allen &Associates, Real Estate and Appraisal firm, to do a special benefit analysis of t)re project as it pertains to property values. From that the LID assessments were distributed in accordance to the benefits received. A notice to the property owners of the project and what their potential assessment would be was mailed out on March 9th (see attached map for LID boundary). On March 25th an informal property owner's meeting with the affected property owners was held to discuss the project and answer any questions. Approximately fifty of the 260 property owners who received their said notice attended the meeting. The meeting began with an introduction to the project and the special benefit analysis by City staff and our consultants. It was followed by a general question and answer session and finished with addressing specific questions on an individual basis. The majority of the questions pertained to how the Allen Co. arrived at the assessment amounts. It was commonly understood that the new arterial corridor was needed to allow commerce to continue in this industrial area of the valley. Proposed Improvements The proposed project involves the construction of an arterial corridor from the Green River at S. 200th St. northeasterly along Russell Rd. to S. 196th St. and then easterly along S. 196th St. to East Valley Highway. The project includes the following improvements: 1. A five lane roadway with bicycle lanes, sixty six feet curb to curb, with two lanes in each direction and a center turn lane in all areas except the two bridges. 2. Curb and gutter. 3. Cement concrete sidewalk on both sides. 4. Storm drainage improvements. 5. Street lighting improvements. 6. Landscaping. 7. Utility modifications as required. 8. Channelization and signing. 9. Bridge over the Green River (half is paid for by the City, half by the County). 10. Bridge over the Union Pacific and Burlington Northern Santa Fe railroads. 11. Realignment of 58th Place and Russell Rd. to a new signalized intersection. 12. Construction of a four lane connection northerly to 72nd Avenue. 13. Signalization at 80th Ave. 14. Signalization of the S. 196th St./E. Valley Highway intersection. Project Funding The project is proposed to be partially funded by the Local Improvement District (Number 340), State Transportation Improvement Board Grants and City funds. The funding breakdown, based on the current cost estimate, is as follows: LID assessments $20,911,300 TIB Grant $11,533,700 City Street Fund $6,776,700 Interest Revenue $435,000 Other City Participation (Councilmatic bond issue) $3,384,700 Total $43,042,400 i Tentative Construction Schedule 1. S. 200th St. - Orillia Rd. to the Green River (County portion) - Summer and Fall, 1998. 2. Green River Bridge - currently under construction; completion in August, 1998. 3. Russell Rd./S. 196th St. between the Green River and West Valley Highway - Summer and Fall, 1998. 4. Bridge over the Union Pacific and Burlington Northern Railroad tracks - 1999 and 2000. 5. S. 196th St. between West Valley Highway and East Valley Highway excluding the bridge - Summer and Fall, 2000. Support for LID 340 To defeat an LID proposal, there must be protests from property owners representing 60 percent or more of the proposed LID assessments. By law, any assessment on City properties cannot be included in figuring the protest percentage. Of the $20,911,300 proposed LID amount, 51% is obligated to participate in this LID via executed no-protest agreements. The final decision on whether to form the LID is to be made by the City Council. Recommendation Due to the level of support by agencies and citizens including financial support by the State and commitments by agreement with a large percentage of the property ownership in the area, as well as the fact that this project is a significant element for meeting the City's concurrency requirement within this industrial area, the Public Works Department recommends proceeding with LID formation process for LID 340. ACTION: Recommend to full Council passage of the Resolution of Intent for the creation of LID 340 which sets May 19, 1998 as the public hearing date on the said L.I.D. formation. s Preliminary LID Boundary ��1�11 CJ 'j `• a hr ` �y 61 U) I tI � I � . e S 196 S 6 ^� 192 r a; i y I` S �04/ST 90eiry^ A r r� E e as a e c i IF I I s -77 - it I I - �� 1�, d 1 v I I LID 340 IP96TH/200TH STREET ARTERIAL CORRIDOR IMPROVEMENT DEPARTMENT OF PUBLIC WORKS April 6, 1998 TO: Public Works Committee FROM: Don Wickstromb RE: Condemnation - 196th/200th Street Corridor Project The Public Works Department is seeking condemnation authority for a portion of the above referenced project in the vicinity of 196th Street 6z UPSP rail tracks. What has occurred is that the PRP's (Principal Responsible Parties) who are doing the cleanup of the Western Processing site are proposing to place the final cap thereon this coming construction season. While their proposed schedule may be optimistic from a regulatory standpoint, if they proceed the City needs to be in the position to join in with respect to building our westerly bridge approach of the railroad crossing bridge. . Said bridge approach will be a filled wedge spanning the Western Processing property frontage along 196th Street. To construct same involves securing road easements from Western Processing (south side) Boeing Trust property (north side) and Puget Sound Energy (east side). Out intent would be to have the PRP's construct it as part of their capping project. We would naturally pay them to do so and have done so for other road related work that occurred within the Western Processing contamination limits. By taking this approach, we would eliminate a virtual permit/regulation quagmire. To do so we'll need the right-of-way (easements). It's obvious, based on past experience, that condemnation will be necessary particularly when dealing with the underlying owner of the Western Processing site. Historically, our success with Puget Sound Energy hasn't been much better. While we haven't determined as of yet the actual right-of-way required or have had appraisals prepared or offers made, we are requesting in the interest of saving some time, that the Committee concur with the passage of the respective condemnation ordinance. MOTION: Committee recommends adoption of the respective condemnation ordinance. MP030.98 i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, regarding franchise termination and the expiration of all related property rights held by the Union Pacific Railroad Company, a Utah corporation, its successors and assigns, for the right, privilege and authority to construct, maintain and operate a railroad spur track upon and across South 196th Street in the City of Kent, King County, Washington. WHEREAS, pursuant to the terms of a franchise ordinance of the City of Kent (Ordinance 2309), passed on September 8, 1981, the Union Pacific Railroad • Company, a Utah Corporation("UPRR") constructed, maintained and operated a railroad spur track at common grade upon and across South 196th Street in the City of Kent, the centerline of said street in the North 1/2 of Section 2, Township 22 North, Range 4 East, W.M., located in King County, Washington; and WHEREAS, Ordinance 2309, by the terms of its Section 10, was effective as a franchise grant to UPRR for ten years; and WHEREAS, on or about October 13, 1991, the franchise granted in Ordinance 2309 expired by the terms of Section 10 of that Ordinance; and WHEREAS, all property and usage rights granted UPRR as a result of the City's grant of the franchise created by Ordinance 2309 extinguished on the franchise termination date, which occurred on or about October 13, 1991; and • WHEREAS, on December 9, 1997,the City passed its Ordinance No. 3380, . which extended a new franchise offer to UPRR for ten years, subject to acceptance of that ordinance's terms by UPRR within thirty days of passage; and WHEREAS, UPRR did not accept the franchise offered by Ordinance No. 3380, therefore voiding that Ordinance before it came into effect; and WHEREAS, because UPRR did not accept the franchise offered by Ordinance No. 3380, any property or usage rights offered to UPRR by virtue of that franchise are also void and of no force or effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated into this Ordinance as if fully set forth herein. SECTION 2 Ordinance 2309,by the terms of its Section 10, was effective as a franchise grant to UPRR for ten years. On or about October 13, 1991, the franchise granted in Ordinance 2309 expired by the terms of Section 10 of that ordinance. All property and usage rights granted UPRR as a result of the City's grant of the franchise created by Ordinance 2309 extinguished on the franchise termination date, which occurred on or about October 13, 1991. SECTIONS. Ordinance 3380,which the City Council passed on December 9, 1997, was not accepted by UPRR, as required by the terms of that ordinance. Accordingly, that franchise ordinance never took effect and is void. However, should any issue exist as to the continuing applicability or existence of that ordinance, the City Council clarifies that its Ordinance 3380 is deemed REPEALED. . SECTION 4. If any one or more sections, subsections, or sentences of this 2 ordinance are 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. SECTIONS, This ordinance shall take effect and be in force five (5) days from its date of passage and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK • APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 1998. APPROVED: day of , 1998. PUBLISHED: day of 1998. I hereby certify that this is a true copy of Ordinance No. , passed 3 Y ' by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 8.\PUBLICIENGINEERWARILYMUPRRM3.ORD 4 a O o � DDaf� � ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent,Washington, granting to the Union Pacific Railroad Company, a Utah corporation, its successors and assigns, the right, privilege and authority to construct, maintain and operate a railroad spur track upon and across South 196th Street in the City of Kent, King County, Washington. WHEREAS, pursuant to the terms of a franchise ordinance of the City of Kent (Ordinance 2309), passed on September 8, 1981, the Union Pacific Railroad Company, a Utah Corporation ("UPRR") constructed, maintained and operated a railroad • spur track at common grade upon and across South 196th Street in the City of Kent, the centerline of said street in the North 1/2 of Section 2, Township 22 North, Range 4 East, W.M., located in King County, Washington; and WHEREAS, Ordinance 2309, by the terms of its Section 10, was effective as a franchise grant to UPRR for ten years; and WHEREAS, on or about October 13, 1991, the franchise granted in Ordinance 2309 expired by the terms of Section 10 of that Ordinance; and WHEREAS. on December 9 1997 the City passed its Ordinance No 3380 which extended a new franchise offer to UPRR for ten years s *ect to acceptance by UPRR within thirty days of passage• and WHEREAS. UPRR did not accept the franchise offered by Ordinance No • 3380 therefore voiding that Ordinance before it came into effect and • WHEREAS UPRR has been operating and continues to operate the su&ct spur crossing without a franchisee WHEREAS. the City of Kent has determined to re-extend this modified franchise ordinance for UPRR's acceptance: and WHEREAS,this franchise ordinance was first introduced at the regular Cily Council meeting held on April 7. 1998: and WHEREAS, passage of this franchise ordinance is now appropriate: and WHEREAS, a separation of grade of said crossing is neither practicable or justified; NOW, THEREFORE, • THE CITY COUNCIL,OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: ,SECTION 1. The foregoing recitals are incorporated into this Ordinance as if fully set forth herein. SECTION Z The City of Kent, Washington, ("City") grants to the Union Pacific Railroad Company, a Utah Corporation, its successors and assigns ("UPRR"), subject to all conditions contained in this ordinance, the franchise and privilege of maintaining and operating one railroad spur track and crossing at common grade upon and across South 196th Street in the City of Kent, Washington, at the location described in Exhibit A(the "franchise area!), provided that the maintenance and operation of this track and crossing within the franchise area shall be performed in a manner consistent with the terms and conditions of this franchise ordinance and satisfactory to the City's Public Works • Director and any other applicable authority. 2 e • SECI70N3 elayWere, super-elevefierc, or any other.aspeet, then UPRA shaH alter.its tf aeie and eregoing eernfnenees eenstmetion. The Gity shall tise its best effefts te pre-vide reasonable ftetiee of the plamwd altermiens fe its tmek and efessing with the Gity se as net to delay the Git�s plans fer.the street. in any event, UPRR shall eemplete its spur tfaek work no leAer then SEMON3. UPRR throughout the ten-year franchise term and at no cost • to the City. shall maintain and operate the track and crossing within the franchise area at common grade with South 196th Street as it now exists, subject to the following: (g) If necessary at any time during the ten-year franchise term. UPRR shall alter. at no cost to the City. the track and crossing within the franchise area to maintain the common grade should the City determine to change the street or grade in any manner. UPRR's obligation to alter the track and crossing within the franchise area exists even though that alteration may also affect adioining or connecting track(s) and any grope and/or property rights either north or south of the crossing Accordingly, should UPRR's alteration of the track and crossing within the franchise area require alterations to any track(a)or impact any propM or property rights north and/or south of the franchise area. UPRR shall at no cost to the City, alter the tracker north and/or south of the franchise area and shall further compensate or mitigate all impacts to any private proper rights impacted 12y that alteration. • 3 (b) The City has determined and UPRR acknowledges. that the public use and necessy require that the City alter the configuration and grade of South 196th Street as it exists on the date of this ordinance in some or all of(but not tinted to) the following ways* location width_ elevation and superelevation. UPRR also acknowledges that the precise changes contemplated for South 196th Street may change after the date of this ordinance Further,the Cily and UPRR have determined that in conjunction with changes contemplated for South 196th Street UPRR will alter not only the track and crossing within the franchise area but also the tracks) north and south of the crossing. Additionally. UPRR shall alter its track and crossing (including any and all track that rs alteration either north or south of the street) at no cost to the City. Design possibilities for alterations of the crossing and for alterations of track both within the crossing and north and south of the street have been discussed by the City and UPRR. but have not y t been finalized The Citv's Public Works director must ultimately approve the design of any alteration to the track or crossing before UPRR commences construction. UPRR shall coordinate construction of the planned alterations to its track and crossing with the City so as not to delU the City's plans for the street. In any event. UPRR shall complete its spur track work no later than the date the City completes its work on South 196th Street unless the Cb gives its written approval to UPRR extending the time for the spur work. (c) This franchise shall not prevent UPRR from charging any other party to which UPRR may have gianted or assigned an interest in this track. crossing or franchise all or a portion of the cost of maintaining operating or altering this track and crossing. whether within or without the franchise area. pmly to wlieh UPRR may have grmted or- assigned wt inter-em in this oftek, figs ff:eek and . — Setith 196th Street as flis street now edsts or as the street eFessit�g ,SECTION 3 4. UPRR, at its sole expense, shall replace the existing crossing pad o. r any&Uo crossingSad that may be installed_ with a crossing pad of a type and design approved by the City's Public Works Director across the entire right-of-way, including sidewalks, when requested by the City. UPRR shall install signalized gate arms at the track and crossing upon the City's request. UPRR shall install the crossing pad or gate arms within six(6)months from the date it receives notification from the City to make these changes; however, if these changes are subject to prior authorization from the Washington Utilities and Transportation Commission ("WUTC"), then this six (6) month time period shall apply from the date of WUTC authorization or approval. UPRR's failure to install these items within this six (6) month period shall immediately terminate this franchise ordinance, with no notice required. and UPRR, its customers, agents and assigns, shall immediately lose all right and authority to use Otis eFessing the track and crossing within the franchise area. Accordingly, the City may, at its sole option, restrict,block, close or remove the track and crossing within the franchise area. SECTION 4 S. UPRR shall not store railroad cars ' within the franchise area. nor shall UPRR stop cars within d is-rigMe€way the franchise area for switching operations, nor shall UPRR use this tree1E er-eFessing the franchise area in any manner that unreasonably interferes with travel within the City's right of way. Moreover,UPRR shall not allow railroad traffic to utilize t1tis-EFse)f and-eressing the franchise area from 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m. daily. However,the City s Public Works Director is authorized to shorten or remove these time restrictions, either permanently or temporarily, if he or she determines, in his or her sole discretion, that modification of these time restrictions would not impair the public health, safety and welfare. 5 t SECTION -7 6. The City maintains the same control over South 196th Street within this franchise area as it has over other public streets within the City's jurisdiction. This franchise shall not restrict the rights of the City or other franchise holders in the City to enter upon South 196th Street within the franchise area for the purpose of locating, relocating, constructing, maintaining, repairing, or removing any public works, utilities, or facilities within, under or over the franchise area but this work shall not unnecessarily interfere with the movements of railroad traffic over this tmek aftd eFessing the franchise area. SECTION 7. The City may require signalization, gates, sawbucks, signs, or other traffic flow control,warning or protective devices or measures to protect the public health and safety. UPRR shall construct, operate and maintain these requirements at no cost to the City. Further, UPRR will construct or install these requirements promptly, but in any event within ene-yeaf six months from the date the City issues its requirements; however, if approval of these requirements is subject to prior authorization from the WUTC, then this ene ye e six month time period shall apply from the date of WUTC authorization or approval. SECTION 9 8. UPRR shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this franchise ordinance, but only to the extent of UPRR's negligence or comparative fault. This indemnification includes liability for crossing design, signalization design, and/or maintenance, and road maintenance within the crossing area It also includes any failure or omission on the part of UPRR to perform any action required by this franchise. The City's inspection or acceptance of any ofUPRR's work when completed shall not be grounds to avoid any of these covenants of indemnification. 6 No act, inspection, approval or omission by the City shall affect UPRR's obligation to fully defend, indemnify and hold harmless the City, its officials, officers, employees, agents and volunteers. UPRR's obligation to defend, indemnify and hold the City harmless shall survive the expiration or termination of this franchise ordinance. SECTION IB 9. Nothing granted in this franchise shall release UPRR from obtaining all permits or other authorizations required by the City to maintain, operate, repair or alter the track and crossing ei+her within or without the franchise area or to do any of the work contemplated by this franchise ordinance. .SEC7ION4410. Excel for automatic termination provisions established elsewhere in this franchise ordinance. If if the City finds that UPRR has failed to comply with any term or condition of this franchise, as determined by the City, UPRR's failure to comply shall constitute a breach of this franchise. In the event of UPRR's breach, the City may revoke this franchise after giving UPRR thirty(30) calendar days prior written notice. This notice shall also state the grounds for revocation. Once revoked, UPRR, its customers, agents and assigns, shall immediately lose all right and authority to use this crossing, and the City may, at its sole option, restrict, block, close or remove the track and crossing within the franchise area. SECTION I311. If the spur crossing that is the subject of this franchise has not been in use for one(1)year or longer, this franchise shall automatically be revoked. Once revoked, UPRR, its customers, agents and assigns, shall immediately lose all right and authority to use enter or use the franchise area_ and the City may, at its sole option, restrict,block, close or remove the track and crossing within the franchise area. 7 SECTION 441 Z The franchise privileges granted in this ordinance shall be effective for ten (10) years from and after the effective date of this ordinance. At the end of this to 4mu franchise term. all UPRR's propeW rights within the franchise area that are granted by this franchise shall expire Accordingly_ upon expiration. the City may, at its soleoption restrict block, close or remove the track and crossing within the franchise area• SECTION 44 13, UPRR shall have no right to receive any award in condemnation, whether direct or inverse, as a result of this franchise. SEC77ON4414. UPRR shall pay all the City's reasonable municipal costs, expenses, or liabilities incurred by the City beeause e€incurred as a result of creating or entering into this franchise. SECTION 4-6 15. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect ,SECTION 4-7 16. In any claim or lawsuit for damages arising from either partys performance of this franchise ordinance, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing that claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this franchise ordinance. SECTION�8 17. No waiver, alteration, or modification of any of the provisions of this franchise ordinance shall be binding unless in writing and signed by a duly authorized representative of the City and UPRR. • SECTIONM 18. Any assignment of this agreement by UPRR without the 8 written consent of the City shall be void. .SECTIONzV 19. If any one or more sections, subsections, or sentences of this ordinance are 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 24 20. UPRR shall, within thirty (30) calendar days from the date of passage of this ordinance, file with the City Clerk its written acceptance of the terms, provisions and conditions of this franchise. If UPRR fails to file its written acceptance of this franchise without additional conditions. by the end of this thirty (30) calendar day period this ordinance will be void and of no further force or effect. SECTION 33 21. This ordinance shall =take effect sew Q be in force accepted by UPRR within the time provided in Section 20. If accepted by UPRR within the time provided in Section 20 this ordinance shall become effective five (5) days from the time of its passage and publication as provided by law or when accepted byUPRR- whichever is later. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK • APPROVED AS TO FORM: 9 ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of _ 1998. APPROVED: day of _ 1998. PUBLISHED: day of . 1998. 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) BRENDA JACOBER, CITY CLERK S:INBWCIENrMEHRIMARMYMUPRRFRN2.ORD • 10 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent,Washington, adding new sections to Chapters 7.05 and 7.07 of the Kent City Code to require that storm and surface water systems comply with City construction standards and to provide authority to allow for inspection and to require maintenance and correction of defects in those systems. THE CrrY COUNCIL OF THE CITY OF KENT, WASH NGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Add the following new section to Chapter 7.05 of the Kent City Code: Sec. 7.05.074. Construction Standards. All storm and surface water systems,whether public or private, shall be installed in strict accordance with specifications contained in any existing city ordinance or code and any construction standards or uniform codes that the city either has adopted or adopts in the future. All construction and maintenance of those systems shall be subject to the inspection by the director or his or her designee. SECTION I Add the following new section to Chapter 7.05 of the Kent City Code: Sec. 7.05.077. Storm drainage system construction must comply with chapter. When any storm and surface water system, whether upon private property or upon the city's right-of-way, is constructed, laid, connected or repaired and does not comply with the provisions of this chapter or any construction standards or codes that may be adopted in the future, or where the director determines that a storm and surface water system is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the director shall give notice of that condition to the owner, agent or occupant of the property in which the conditon exists. If the owner, agent or occupant refuses to construct, relay, reconstruct or remove the obstruction from the storm and surface water system within the time specified in that notice, the director may perform all necessary work to comply with this chapter. The cost of that work will be assessed against the property or collected from the person responsible for the condition, and the total amount thereof shall become a lien upon the property. The city attorney is authorized, empowered and directed to collect that cost, either by foreclosure of the lien or by a suit against the owner, agent, occupant or other person responsible for the condition on the property. The suit shall be maintained in the name of the city in any court of competent jurisdiction. SECTION 3. Add the following new section to Chapter 7.07 of the Kent City Code: Sec. 7.07.114. Construction Standards. All surface water and storm drainage systems, whether public or 2 private, shall be installed in strict accordance with specifications contained in any existing city ordinance or code and any construction standards or uniform codes that the city either has adopted or adopts in the future. All construction and maintenance of those systems shall be subject to the inspection by the director or his or her designee. SECTION 4. Add the following new section to Chapter 7.07 of the Kent City Code: Sec. 7.07.117. Storm drainage system construction must comply with chapter. When any surface water or storm drainage facility, whether upon private property or upon the city's right-of-way, is constructed, laid, connected or repaired and does not comply with the provisions of this chapter or any construction standards or codes that may be adopted in the future, or where the director determines that a surface water or storm drainage facility is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the director shall give notice of that condition to the owner, agent or occupant of the property in which the conditon exists. If the owner, agent or occupant refuses to construct, relay, reconstruct or remove the obstruction from the surface water or storm drainage facility within the time specified in that notice, the director may perform all necessary work to comply with this chapter. The cost of that work will be assessed against the property or collected from the person responsible for the condition, and the total amount thereof shall become a lien upon the property. The city attorney is authorized, empowered and directed to collect that cost, either by foreclosure of the lien or by a suit against the owner, agent, occupant or other person responsible for the condition on the property. The suit shall 3 be maintained in the name of the city in any court of competent jurisdiction. SECTION S. - Severabift If any one or more sections, subsections, or sentences of this Ordinance are 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 6. -E ective Date. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of , 1997. APPROVED: day of , 1997. PUBLISHED: day of . 1997. I hereby certify that this is a true copy of Ordinance No. passed 4 by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK S:\PUBUC\ENGINEER\MARILYNISTRMSURF.SYS • 5 • DEPARTMENT OF PUBLIC WORKS April 7, 1998 TO: Public Works/PlanningCommittee FROM: Don Wickstrom C"�" b) RE: Sewer Service West of the Green River With the development of Polygon's new Planned Unit Development (PUD) on the west side of the river, sewer service will be available to that portion of the City of Sea Tac which lies westerly and abuts 42nd Avenue South and Orillia Road. As such, there is an opportunity to resolve a long standing issue between the two cities. • By agreement with Sea Tac, Kent, could service the Sea Tac area. Issues identified previoiusly by Kent included: traffic impact mitigation on Kent's streets, drainage impact mitigation on the valley floor drainage system, zoning density of the Sea Tac area and preservation of farmland within the valley floor. Prior proposals by the City of Sea Tac to service this area were via their creation of a sewer utility and extending a Sea Tac sewer trunk line (or force main) across the valley floor along S. 212th Street and tying into the Metro system on the east side of the river. Kent saw this as creating development pressure on the adjacent farmlands along S. 212th Street plus Sea Tac was unwilling to allow Kent to require traffic and storm drainage mitigation. Further, Sea Tac felt it was inappropriate for Kent to have a say in their city's land use decisions independent of impacts on Kent. With Kent owning and operating the sewer system, Kent would have the necessary assurances that any franchise agreement would include our concerns regarding traffic, drainage and zoning, as well as enforcement authority (no compliance, no sewer service). One twist here is that in order to keep peace between Tukwila and Kent,we would want to see an annexation covenant with Tukwila executed prior to allowing any extension. As far as the impacts to farmlands, that's not an issue because the surrounding area is in Tukwila's potential annexation area. Further, it is owned by Segale who will develop it as industrial property independent of whether our sewer exists or not. The property lying adjacent to S. 204th Street (our City limits) has had the development rights purchased by King County. The Public Works Department • recommends allowing the Coluccio property to be serviced by Kent's system and we seek Council concurrence therewith. r With respect to farmland preservation, the logistics of the sewer automatically preserves same. The benefit of the proposal is, sewers will exist at the City limits of Sea Tac, with their concurrence on the conditions of providing sewer service, and the initiative therefore is theirs. With respect to the area along the South 200th/196th Street Corridor, a property owner has requested as part of our right-of-way negotiation, that we allow his property to be serviced from our sewer system. His proposal is, if we would allow him to connect to our system he would extend same and allow us to collect any intervening latecomer charges associated therewith. His property is presently in King County but is in Tukwila's potential annexation area. The property is designated in our Sewer Comp Plan to be serviced by our system although a County franchise and approval by the Boundary Review Board would be required in order to do so. Further, because it's presently within the County, our existing Ordinance pertains to servicing outside the City limits with respect to land use, traffic and drainage mitigation. MOTION: Proceed as proposed with respect to both the Sea Tac area and the 200th Street Corridor area. MP031.98 r DEPARTMENT OF PUBLIC WORKS April 7, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom G& -&j . RE: 110th Avenue S.E. Access Closure at S.E. 274th The property owners along 100th Avenue S.E. (a private road) north of S.E. 274th St. have requested that the City allow their access onto S.E. 274th St. to be closed and redirected to the north. This would allow a berm and short section of fence to be placed along the 277th St. corridor across this existing road entrance. It would also eliminate a turning movement from the corridor at this point which is beneficial to the function of the corridor. MOTION: Direct the Law Department and Engineering Department to prepare the necessary documents to accomplish this matter.