HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 01/23/2017 (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.
January 23, 2017
4:00 p.m.
SPECIAL MEETING
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 January 9, 2017 Minutes -
Approve
YES None 03 03
5. City of Kent and Soos Creek Water & Sewer
District Water Service Boundary Adjustment
– Recommend
YES Sean Bauer 10 07
6. South 228th Street Union Pacific Railroad
Grade Separation Condemnation Ordinance
– Recommend
YES Mark Madfai 05 21
7. Info Only/Transportation Sustainability NO Kelly Peterson 15 35
8. Info Only/Residential Traffic Calming
Program - Update
NO Rob Brown 10 37
9. Info Only/80th Ave S Pavement
Rehabilitation
NO Joe Araucto
Chad Bieren
10 39
10. Federal Grants Signing Authority Ordinance
- Recommend
YES Chad Bieren 10 51
11. Info Only/Quiet Zone - Update NO Chad Bieren 05 63
1
This page intentionally left blank
2
P a g e | 1
CITY OF KENT
PUBLIC WORKS COMMITTEE
Summary Minutes of Regular Meeting
January 9, 2017 Kent City Hall
4:00 p.m. Council Chambers East
Kent, Washington
1. Call to Order: The meeting was called to order at 4:03 p.m., by Council
President Bill Boyce.
2. Roll Call: Councilmembers Brenda Fincher and Dana Ralph were present;
Council President Bill Boyce sat in for Committee Chair, Dennis Higgins.
ABSENT: Committee Chair Higgins
3. Changes to the Agenda: Changes to the agenda would not be accepted as
this is a special meeting.
4. Approval of Minutes, Dated December 05, 2016
Committee member Fincher MOVED to approve the Minutes of December 05,
2016. The motion was SECONDED by Committee member Ralph and PASSED
3-0.
5. Information Only/Kent Sounder Access Improvements
Sandra Fann and Chelsea Levy from Sound Transit went over the project background
for both the Kent and Auburn Transit Stations. There will be three rounds of
meetings. The first round will be an introduction to the project; goals, criteria and
access. The second round will focus on review and screening of outcomes. And the
last meeting will cover the preferred options.
It was noted that both the Kent and Auburn projects will start out at the same time
but will most likely split off as they are separate and very different projects.
INFORMATION ONLY/NO MOTION REQUIRED
6. Stormwater Manual – Recommend
Mike Mactutis, Environmental Engineering Manager presented information regarding
the changes to the stormwater manual since the last meeting. Mactutis noted that
staff met with the Master Builders two times and went over their concerns. Dave
Hoffman from the Mater Builders Association was at the meeting and thanked city
staff for the collaborative process. Hoffman, said the Master Builders are fully on-
board with the changes.
3
P a g e | 2
Mactutis noted that the standards that will impact development in a significant way;
mainly the requirements for increased flow control, including the use of Low Impact
Development stormwater management practices like rain gardens and pervious
pavement.
A copy of Kent’s Manual is available in the Council’s office and the new King County
Manual is available online at:
http://www.kingcounty.gov/services/environment/water-and-
land/stormwater/documents/surface-water-design-manual.aspx
Committee member Ralph MOVED recommend Council adopt an ordinance
that repeals Section 2 of Ordinance No. 3602 and Kent’s 2002 Surface Water
Design Manual, and adopts Kent’s new 2017 Surface Water Design Manual.
The motion was SECONDED by Committee member Fincher and PASSED 3-0.
7. Local Hazardous Waste Management Program Acceptance –
Recommend
Gina Hungerford, Conservation Coordinator presented information about the Seattle-
King County Health Department’s Local Hazardous Waste Management Program
Grant. It is a two-year grant that helps cities protect public health and the
environment from toxics and hazardous products and wastes. This grant covers
collection of hazardous waste at three Special Recycling and Collection Events for
residents. Hazardous items collected at the events include: refrigerators and
freezers, as well as batteries.
Committee member Fincher MOVED to recommend Council authorize the
Mayor to accept the Local Hazardous Waste Management Program Grant in
the amount of $73,041.27 for 2017/2018, establish a budget and authorize
expenditure of the grant funds accordingly, and authorize the Mayor to sign
all necessary documents, 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 3-0.
8. King County Solid Waste Division/Waste Reduction & Recycling Grant
– Recommend
As noted above, Gina Hungerford, Conservation Coordinator gave a brief overview of
what this grant funds.
The grant also funds activities and events associated with the Business Recycling
Program, the Multi-Family Recycling Program, and the purchase, distribution and
promotion of products made from recycled materials, including Recycling Bags.
Committee member Ralph MOVED to recommend Council authorize the
Mayor to accept the Waste Reduction and Recycling Grant in the amount for
$177,044 for 2017/18, establish a budget and authorize expenditure of the
4
P a g e | 3
grant funds accordingly, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director. The motion was SECONDED by
Committee member Fincher and PASSED 3-0.
9. King Conservation Futures Interlocal Agreement Amendment for
Anderson Property – Recommend
Matt Knox, Environmental Supervisor, noted the Anderson property contains critical
areas, including steep slopes and a forested, high quality wetland adjacent to the
Gary Grant Soos Creek Park and Trail. The property is bounded to the north and
northwest by properties owned by King County, the City of Kent and Soos Creek
Water and Sewer District. These parcels contain high quality wetlands and the
Anderson Property is connected to a stream restoration project completed by the City
and U.S. Army Corps of Engineers in 2006.
The City received a King County Conservation Futures grant to purchase this property
in 2011. The City recently purchased the 4.09 acre Anderson Property near Soos
Creek on the east boundary of Kent after receiving authorization from Council. The
property was appraised for $67,500 but purchased for $36,500 with the sellers
graciously donating the remainder of the appraised value.
Committee member Fincher MOVED to recommend Council authorize the
Mayor to sign the Interlocal Agreement Amendment with King County
Conservation Futures to reimburse the City up to $43,000 for purchase of
the 4.09 acre Anderson Property, 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 3-0.
10. Consultant Services Agreement with Shearer Design for Bridge Rating
- Recommend
Joe Araucto Pavement Engineering Manager noted that the City maintains 18 vehicle
carrying bridges that are contained in the NBI. Of the 18 bridges, one bridge, Col
Joe M. Jackson Bridge, has already been rated using the new requirements and is
already compliant, Frager Road north bridge was de-listed from the NBI, leaving 16
bridges needing to comply.
Araucto noted that Shearer Design, LLC will provide the specialized structural
engineering expertise to perform the bridge rating for the following bridges: Mill
Creek Slab bridge, Mill Creek Arch bridge, Meeker Street bridge, Central Ave bridge
(co-owned with King County), and South Frager Road bridges.
5
P a g e | 4
Committee member Ralph MOVED to recommend Council sign a Consultant
Services Agreement with Shearer Design, LLC, in the amount of $48,387.60
for the purpose of performing structural analysis on five city owned bridges,
upon concurrence of the language therein by the City Attorney and Public
Works Director. The motion was SECONDED by Committee member Fincher
and PASSED 3-0.
11. Transportation Improvements Board (TIB) 132nd Ave SE Grant -
Recommend
Drew Holcomb, Design Engineer noted that the city was successful in receiving a
$473,784 grant from the Washington State Transportation Improvement Board (TIB)
for the City’s 132nd Ave Sidewalk Improvement Project from 248th St to Kent Kangley
Rd. This grant will help finance the 2017 construction of a pedestrian walkway
between SE 248th Street and Kent Kangley Road. This project intends to maximize
available funding to install sidewalks or paved paths to provide the biggest benefit to
the community. Holcomb noted that staff hopes to have the work constructed by the
end of 2017.
Committee member Fincher MOVED to recommend Council authorize the
Mayor to sign the Washington State Transportation Improvement Board Fuel
Tax Grant Distribution Agreement and Project Funding Status Form for the
132nd Ave Sidewalk Improvements Project 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 3-0.
12. Quiet Zone Update – Information Only
Deputy Director / City Engineer, Chad Bieren gave a brief update on the Quiet one,
noting that channelization devices needing replacement are being designed and can
be advertised for bids this year.
Bieren noted the Burlington Northern equipment failure the day following the
presentation to the Public Works committee. Staff will continue to work with the
railroad and is in discussions with the United Transportation Commission (UTC) and
the Federal Railway Administration (FRA).
INFORMATION ONLY/NO MOTION REQUIRED
15. Adjournment
At 4:59 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth
Cheryl Viseth
Public Works Committee Secretary
6
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: January 23, 2017
TO: Public Works Committee Members
FROM: Sean Bauer, Water System Manager
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
ITEM 5: City of Kent and Soos Creek Water & Sewer District Water
Service Boundary Adjustment - Recommend
SUMMARY: The City’s and the District’s water service area boundaries were
established and approved pursuant to Chapter 70.116 RCW; the Public Water
System Coordination Act of 1977. In accordance with the East King County
Coordinated Water System Plan (Soos Creek) and the South King County
Coordinated Water System Plan (City), the City and District have been designated
the exclusive water service purveyors within our respective authorized water service
areas. The City’s and the District’s retail water service area boundaries have also
been established and approved pursuant to water system plans approved by the
Washington State Department of Health, King County, and other public agencies
with jurisdiction.
The City’s and the District’s exclusive water service area boundaries should be
adjusted to reflect existing service to properties provided by either purveyor. If
approved, this action will also adjust boundaries to conform to the edges of existing
lot lines, where possible, instead of bisecting existing lots.
EXHIBIT: Boundary Adjustment Agreement
BUDGET IMPACT: There is no budget impact to the water utility.
Motion: Move to recommend Council authorize the Mayor to sign the
water service area boundary adjustment agreement between the City of
Kent and Soos Creek Water and Sewer District, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
7
This page intentionally left blank
8
9
10
11
12
13
14
15
16
17
18
19
20
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: January 23, 2017
TO: Public Works Committee Members
FROM: Mark Madfai, Design Engineering Supervisor
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 6: South 228th Street Union Pacific Railroad Grade Separation
Condemnation Ordinance - Recommend
SUMMARY: In order to construct an overpass over the Union Pacific Railroad tracks at
S. 228th Street, the City requires the acquisition of a number of properties and/or
property rights at or near S. 228th St.
The City hopes to acquire all of the necessary property rights through direct
negotiations with the owners. Litigated condemnation proceedings would be a last
resort. So far, negotiations seem to be proceeding without the need for formal
condemnation proceedings, and the City is making every reasonable effort to avoid
formal condemnation.
However, in order to maintain the schedule necessary to timely complete the project
and avoid the risk of grant funds expiring, condemnation proceedings may become
necessary if negotiation efforts fail. Therefore, having the condemnation ordinance and
necessary authority in place now will reduce the time required to file condemnation
proceedings should they become necessary, will keep the project on track, and will
give staff more time to continue their negotiation efforts.
If approved by the Public Works Committee, this condemnation ordinance will proceed
to Council for consideration at its February 7, 2017, meeting. As required by state
law, notice of Council’s anticipated consideration of the ordinance was mailed to the
affected property owners on January 20, 2017. Notice will also be published in the
Kent Reporter and the Seattle Times on Friday, January 27 and Friday, February 3,
2017.
EXHIBIT: Draft Condemnation Ordinance, Exhibits A and B; and Notice Mailed to
Owners
BUDGET IMPACT: Property acquisitions will be paid for with a combination of State
and Federal grant funds.
Motion: Move to recommend council adopt an ordinance authorizing the
condemnation of property or property rights necessary to construct the
S.228th St. Union Pacific Railroad Grade Separation Project.
21
This page intentionally left blank
22
1 Condemnation Ordinance -
S. 228th St. – UPRR Grade Separation
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the
acquisition of real property and/or property rights
located 1,000 feet east and west of the railroad
tracks for Union Pacific Railroad and adjacent to
South 228th Street. This action is being taken in
order to construct the South 228th Street grade
separation project. This ordinance provides for the
condemnation, appropriation, taking, and
damaging of real property and/or property rights as
are necessary for that purpose and provides for the
payment thereof out of the S. 228th Street UPRR
Grade Separation Project Fund (Fund No.
R90067.64420.220). This ordinance also directs
the City Attorney or designee to prosecute the
appropriate legal proceedings, together with the
authority to enter into settlements, stipulations, or
other agreements, and acknowledges that all of the
real property affected is located within King
County, Washington.
RECITALS
A. The grade separation project on S. 228th Street where the
street meets the railroad tracks for the Union Pacific Railroad is necessary
to improve traffic operations and safety by separating vehicle traffic on S.
228th Street from trains that operate on the UPRR tracks. The project will
also increase pedestrian and bicycle mobility and safety by separating
Interurban Trail users from vehicle traffic at the trail’s S. 228th Street
23
2 Condemnation Ordinance -
S. 228th St. – UPRR Grade Separation
crossing. Grade separation will occur by constructing an overpass on S.
228th Street over the tracks of Union Pacific Railroad.
B. To complete the project, staff must acquire certain property
and/or property rights along the project’s alignment. Efforts by City staff
are currently ongoing to acquire the necessary property and/or property
rights for this public use through negotiation and settlement agreements.
C. In the past, staff has not typically sought formal Council
action authorizing eminent domain proceedings until negotiation efforts fail
or stall. However, timing on this project is critical due to time limitations
on the use of grant funds required for the project. For this reason, staff
has requested that Council authorize eminent domain proceedings for this
public use now to place the City in a position to initiate condemnation
proceedings without delay should negotiation efforts deteriorate so the
project may still be timely constructed.
D. Prior to Council’s action on this ordinance, the City provided
the requisite notice to property owners in the manner provided for in RCW
8.12.005 and RCW 8.25.290.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Public Use and Necessity Declared. After receiving
the report of City staff, and after reviewing the planned improvements for
the S. 228th Street Union Pacific Railroad Grade Separation Project (the
“Project”), the City Council finds and declares that the public convenience,
use, health, safety, and necessity demand that the City of Kent condemn,
appropriate, take, and damage certain real properties, all or in part, and
located in King County, Washington, in order to acquire the necessary real
24
3 Condemnation Ordinance -
S. 228th St. – UPRR Grade Separation
property and/or property rights for the construction of the Project,
including all necessary appurtenances. The properties affected by this
ordinance are legally described in the attached and incorporated Exhibit A
(collectively “the Property”). The acquisition area proposed for the Project
is broadly depicted in the attached and incorporated Exhibit B (“Acquisition
Area”). However, the scope and boundary of the Acquisition Area may
change concerning any portion of the Property if engineering requires
modification of the plans, and such changes are hereby authorized. The
purposes for which this condemnation is authorized shall include, without
limitation, all acts necessary to complete the construction, extension,
improvement, widening, alteration, maintenance, reconstruction, and
restoration of the Project, and any other municipal purpose that may be
necessary from time to time on the Property.
SECTION 2. – Condemnation Authorized. The City Council
authorizes the acquisition by condemnation of all or a portion of the
Property for the construction, extension, improvement, widening,
alteration, maintenance, and reconstruction of the Project, together with
all necessary appurtenances and related work to make a complete
improvement according to City standards.
SECTION 3. – Condemnation Procedures and Proceedings. The City
shall condemn the Property only upon completion of all steps and
procedures required by applicable federal or state law or regulations, and
only after just compensation has first been made or paid into court for the
owner or owners in the manner prescribed by law.
SECTION 4. – Project Fund. The City shall pay for the entire cost
of the acquisition by condemnation provided for in this ordinance through
the City’s “S. 228th Street UPRR Grade Separation Project” fund (Fund No.
R90067.64420.220) or from any of the City’s general funds, if necessary,
as may be provided by law.
25
4 Condemnation Ordinance -
S. 228th St. – UPRR Grade Separation
SECTION 5. – City Attorney Authorized. In the event reasonable
negotiation efforts are not successful with affected property owners, or if
the timing of the Project otherwise requires, the City Attorney or his or her
designee is authorized and directed to commence those proceedings
provided by law that are necessary to condemn the Property. In
commencing these condemnation proceedings, the City Council authorizes
the City Attorney to enter into settlements, stipulations, or agreements in
order to minimize damages. These settlements, stipulations, or
agreements may include, but are not limited to, the amount of just
compensation to be paid, the size and dimensions of the property
condemned, and the acquisition of temporary construction easements and
other property interests.
SECTION 6. – Ratification. Any acts consistent with the authority
of this ordinance and prior to its effective date are ratified and affirmed.
SECTION 7. – 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 8. – Effective Date. This ordinance shall take effect and
be in force five days from and after its publication as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK
26
5 Condemnation Ordinance -
S. 228th St. – UPRR Grade Separation
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
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)
KIMBERLEY A. KOMOTO, CITY CLERK
P:\Civil\Ordinance\Condemnation-228_UPRR_GradeSeparation.docx
27
This page intentionally left blank
28
Exhibit A
Page 1 of 2
EXHIBIT A
Legal Descriptions for
S. 228th St. UPRR Grade Separation
Condemnation Ordinance
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 132204-9339
LOT B, BETAWEST SHORT PLAT CITY OF KENT NO. 89-4, ACCORDING TO THE SHORT PLAT
RECORDED UNDER RECORDING NUMBER 8911271377, SAID SHORT PLAT BEING A
PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP
22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON.
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 132204-9219 and 383090-0060
PARCEL A:
LOT 3, CITY OF KENT SHORT SUBDIVISION NO. SPC-84-4, RECORDED UNDER KING
COUNTY RECORDING NUMBER 8406151322, BEING A REVISION OF CITY OF KENT SHORT
PLAT NUMBER SPC-78-36, RECORDED UNDER KING COUNTY RECORDING NUMBER
7812200850, SAID SHORT PLAT BEING A PORTION OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON.
PARCEL A1:
A NON-EXCLUSIVE TWENTY FOOT EASEMENT FOR PRIVATE ACCESS AS DELINEATED ON
SHORT PLAT NUMBER RECORDED AS RECORDING NUMBER 8406151322.
PARCEL B:
LOT 6, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 97 OF PLATS, PAGES 30 THROUGH 35, INCLUSIVE, IN KING COUNTY,
WASHINGTON;
PARCEL B1:
A NON-EXCLUSIVE APPURTENANT EASEMENT OVER THE SOUTHERLY 10 FEET OF THE
PREMISES IMMEDIATELY ADJOINING ON THE NORTH, AS GRANTED UNDER INSTRUMENT
RECORDED UNER KING COUNTY RECORDING NUMBER 7401310120 AND RE-RECORDED
UNDER KING COUNTY RECORDING NUMBER 7407010102.
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 383090-0050
LOT 5, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 97 OF PLAYS, PAGES 30 THROUGH 35, IN KING COUNTY, WASHINGTON.
29
Exhibit A
Page 2 of 2
Tax Parcel Number 132204-9229
LOT A OF CITY OF KENT SHORT PLAT NUMBER SPC-89-4, ALSO KNOWN AS BETAWEST
SHORT PLAT SP-89-4, RECORDED NOVEMBER 27, 1989 UNDER RECORDING NO.
8911271377, RECORDS OF KING COUNTY, WASHINGTON.
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 883480-0110
LOT 5, BLOCK 2, UPLAND CORPORATE PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 108 OF PLATS, PAGE(S) 38 AND 39, RECORDS OF KING COUNTY,
WASHINGTON.
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 132204-9342
LOT 2, CITY OF KENT AT&T SHORT PLAT NO. SP-93-5, ACCORDING TO THE SHORT PLAT
RECORDED UNDER RECORDING NUMBER 9307300513, RECORDS OF KING COUNTY, STATE
OF WASHINGTON;
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 383090-0065
LOTS 7, 8 AND THE NORTHERLY 190 FEET OF LOT 9, KENT VALLEY INDUSTRIAL PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLATS, PAGE(S) 30
THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON.
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 383090-0230
LOTS 23 AND 24, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 97 OF PLATS, PAGE(S) 30 THROUGH 35, RECORDS OF KING
COUNTY, WASHINGTON.
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 883480-0090
LOT B, CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-2008-5, RECORDED UNDER
RECORDING NUMBER 20081020001358, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION OF LOT B CONVEYED TO CITY OF KENT PURSUANT TO QUIT CLAIM
DEED RECORDED UNDER RECORDING NUMBER 20120607001872.
-------------------------------------------------------------------------------------------------------
Tax Parcel Number: 383090-0040
LOT 4 KENT VALLEY INDUSTRIAL PARK, ACCORDING TO PLAT RECORDED IN VOLUME 97
OF PLATS, PAGES 30 TO 35, INCLUSIVE, IN KING COUNTY, WASHINGTON;
EXCEPT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 693010,
FOR SOUTH 228TH STREET.
30
31
This page intentionally left blank
32
[ON CITY CLERK LETTERHEAD]
[DATE]
VIA CERTIFIED AND REGULAR MAIL
Subject Property: [Street address]
Kent, WA 980__
King County Tax Parcel No. [Insert Parcel No.]
Property Owner as Shown on King County Tax Roll: [Insert Name]
NOTICE IS HEREBY GIVEN that the City Council of the city of Kent will consider
taking final action by approval and passage of a condemnation ordinance that will
authorize the City Attorney or his designee to commence eminent domain
(condemnation) proceedings against the above-described subject property, in whole
or in part. A draft copy of the proposed ordinance is attached to this certified
notice.
The date, time, and location fixed for council consideration of this proposed
condemnation ordinance is Tuesday, February 7, 2017, at 7:00 p.m. in the Kent
City Council Chambers, located at 220 Fourth Avenue South, Kent, Washington,
98032.
Kimberley A. Komoto
Kent City Clerk
Enclosures:
Condemnation Ordinance (draft)
Exhibit A to Ordinance (legal descriptions of affected properties)
Exhibit B to Ordinance (draft of current boundaries of proposed acquisition area, which is
subject to change)
33
This page intentionally left blank
34
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: January 23, 2017
To: Public Works Committee Members
From: Kelly Peterson, AICP, Transportation Engineering Manager
Through: Chad Bieren, P.E., Deputy Director / City Engineer
Item 7: Information Only/Transportation Sustainability
SUMMARY: Kent’s traffic signal system is worth an estimated $50-$60 million. The
system includes the traffic signal system software, signalized intersections, loops,
flashers, cameras, speed radar signs and the communications system. A significant
portion of Kent’s system is antiquated, and some components have reached, or are
reaching the end of their useful life.
The needed funding to keep the system functioning is approximately $2,000 annually
per signalized intersection. This includes maintenance costs to keep the system
functioning. Life cycle replacement costs for controllers, signal cabinets, signal poles,
loops, cameras, uninterruptable battery supply, software upgrades, and improvements
in traffic interconnect are not included in the $2,000 annual figure. While some budget
has been provided in the 2017-2019 biennial budget for traffic signal cabinet
replacements, this amount does not cover the actual needed amount for life cycle
replacement.
The Panther Lake Annexation area is not connected to the Kent Traffic Signal system
and a large portion of the city traffic signal system communication system is copper
rather the fiber. Fiber provides a much greater band width, allowing the city to
implement flashing yellow arrows, addition of traffic cameras and to communicate with
traffic signals remotely.
Staff is developing an annual cost needed to keep up with life cycle replacement costs
to be presented at future council workshop.
EXHIBIT: None
BUDGET IMPACT: No new impact
INFORMATION ONLY/NO ACTION REQUIRED
35
This page intentionally left blank
36
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: January 23, 2017
To: Public Works Committee Members
From: Rob Brown, P.E., Transportation Engineer III
Through: Kelly Peterson, AICP, Transportation Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
Item 8: Information Only/Residential Traffic Calming Program - Update
SUMMARY: Council adopted an updated Residential Traffic Calming Program (RTCP)
in 2009 via Resolution 1817. The RTCP is designed to address the impact that traffic
can have on residential neighborhoods. The Public Works and the Police
Departments coordinate efforts to address residents’ concerns through education,
enforcement and when necessary construction of traffic calming devices.
Public Works staff is currently in the process of analyzing additional neighborhoods
to see if traffic conditions warrant the installation of traffic calming devices. On
average staff receives 20-30 new concerns each year.
Staff will provide an update to the committee on the current status of the program.
EXHIBIT: None
BUDGET IMPACT: No new impact
INFORMATION ONLY/NO ACTION REQUIRED
In response to growing concerns about
residential traffic volumes and speeds
37
This page intentionally left blank
38
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: January 23, 2017
To: Public Works Committee Members
From: Joseph S. Araucto, P.E. – Pavement Manager Engineer
Through: Dave Brock, P.E., Deputy Director / Operations Manager
Item 9: Information Only/80th Avenue South Pavement Rehabilitation
Project - Update
SUMMARY: Council authorized a several block section of 80th Avenue north of 196th
Street to be reconstructed with concrete pavement in 2016. This project was
included in the 2016 list of projects to be funded out of the B & O fund.
The project was bid in July 2016 and the bids were very competitive. However, they
were higher than the engineers estimate, so the bid award was delayed to allow the
fund to accumulate additional revenue to pay for the entire endeavor rather than a
shorter length of roadway.
EXHIBIT: Bid Tabulation
BUDGET IMPACT: The project will be paid out of tB & O funds planned for this
purpose.
INFORMATION ONLY/NO MOTION REQUIRED
39
This page intentionally left blank
40
41
42
43
44
45
46
47
48
49
This page intentionally left blank
50
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: January 23, 2017
To: Public Works Committee Members
From: Chad Bieren, P.E. – Deputy Director / City Engineer
Item 10: Federal Grants Signing Authority Ordinance - Recommend
SUMMARY: The Washington State Department of Transportation Highway and
Local Programs office administers federal transportation dollars that have been
awarded to municipalities throughout the state. WSDOT has notified the City that
effective December 1, 2016, federal law requires that all reimbursement requests on
federal grants must now include documentation that confirms the person signing the
reimbursement request is authorized to legally bind the agency.
In order to comply with these updated requirements and receive money for grant
dispersal requests sent after December 1, 2016, and because multiple departments
receive grants from the federal government, it is recommended that Chapter 3.70 of
the Kent City Code be updated to explicitly grant department directors authority to
sign reimbursement requests and vouchers on grants that have been awarded and
accepted by the City.
EXHIBIT: Ordinance
BUDGET IMPACT: N/A
Motion: Move to recommend Council adopt an ordinance that amends
Chapter 3.70 of the Kent City Code to clarify the signing authority granted
to department directors and the Mayor concerning contract amendments,
change orders, and grant reimbursement requests.
51
This page intentionally left blank
52
1
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Chapter 3.70 of the Kent City Code,
entitled “Public Contracting and Procurement,” to
clarify the signing authority granted to department
directors and the Mayor concerning contract
amendments, change orders, and grant
reimbursement requests.
RECITALS
A. On May 19, 2015, the Kent City Council adopted Ordinance
No. 4150, which for the first time in more than 10 years, substantively
amended and clarified Kent’s procurement and contracting provisions. In
applying these new code revisions, staff became aware of two areas where
further clarification is required to properly define who has proper approval
and signatory authority.
B. The first amendment is to expressly provide that department
directors or their designees have the authority to sign all reimbursement
requests and certification statements a federal, state, or other local agency
may require from Kent as a grant recipient, once the overall grant
agreement has otherwise been approved as required by the Kent City
Code.
53
2
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
C. The second amendment is to clarify that the approval and
signatory authority granted to department directors and the Mayor for
change orders and contract amendments is limited to those changes that
fall below the stated maximum threshold amount for an the individual
change order, as well as the cumulative total of all change orders. The
existing language includes the word “or” where “and” is required to
properly convey the original intent of the provision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment – KCC 3.70.220. Section 3.70.220 of
the Kent City Code, entitled “Director approval”, is amended as follows:
3.70.220. Director approval. Directors may approve work or
purchases, and have signatory authority to execute any requisite contract,
for the following:
A. Contracts – Twenty thousand dollars ($20,000) or less. All
purchases or work authorized by a director and valued at twenty thousand
dollars ($20,000) or less should be memorialized in a written contract. Any
contract or procurement in the amount of twenty thousand dollars
($20,000) or less, which can be paid from the originating department’s
existing annual budget, may be approved and signed by the director.
B. Change orders or contract amendments. The director is authorized
to approve and sign the following contract change orders or amendments:
1. Change orders or contract amendments that involve only an
extension of time for the contractor to perform.
2. Individual change orders or contract amendments that do not
exceed the original contract amount by more than twenty thousand dollars
54
3
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
($20,000), and or cumulatively are within ten (10) percent or sixty-five
thousand dollars ($65,000) of the original contract amount, whichever
amount is greater, if: sufficient funds remain in the approved project or
department budget to pay the change order or amendment amount.
C. Grant applications, award agreements, bequests, donations, or other
gifts – twenty-five thousand dollars ($25,000) or less. The director may
approve and sign all grant applications, unless the application itself
requires otherwise. The director may also accept any grant, bequest,
donation, or other gift in the total amount of twenty-five thousand dollars
($25,000) or less, and is authorized to approve and sign all documents
necessary to receive the grant, bequest, donation, or other gift. In
determining the total grant, bequest, donation, or gift amount for
application of this section, the cost of any matching funds and the cost of
fulfilling all conditions placed on the city’s acceptance of the grant,
bequest, donation, or gift must be included in the calculation. In order for
the director to have the authority granted by this section, any matching
funds required to obtain the grant, bequest, donation, or gift must be
available within the director’s existing budget. Upon the city’s receipt of
the grant, bequest, donation, or gift funds in the total amount of twenty-
five thousand dollars ($25,000) or less, the finance director is authorized
to amend the department director’s budget and authorize expenditure of
the funds. The finance director may then include these funds in the budget
adjustment ordinance.
1. Grant reimbursement requests. Once a grant agreement is
approved as provided for in this chapter, the director or designee is
authorized to sign any grant reimbursement request or voucher, annual or
final fiscal report, or any certification statement that may be required by
the federal, state, or other local agency awarding or administering the
grant. This delegation of authority specifically includes without limitation
55
4
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
the certification required by 2 CFR 200.415, as currently enacted or
hereafter amended or recodified.
SECTION 2. – Amendment – KCC 3.70.230. Section 3.70.230 of
the Kent City Code, entitled “Mayor approval”, is amended as follows:
3.70.230. Mayor approval. The mayor has signatory authority
and may approve the following:
A. Contracts – Over twenty thousand dollars ($20,000). All purchases
or work valued at an amount in excess of twenty thousand dollars
($20,000) must be memorialized in a written contract and signed by the
mayor. Any contract valued at an amount of sixty-five thousand dollars
($65,000) or less may be signed by the mayor without city council
approval if funds are available within the existing budget to pay the
associated contract costs.
B. Change orders or contract amendments. The mayor is authorized to
approve and sign: (1) individual change orders or contract amendments
that do not exceed the original contract amount by more than sixty-five
thousand dollars ($65,000), and or (2) cumulatively are within twenty (20)
percent or one hundred thirty thousand dollars ($130,000) of the original
contract amount, whichever amount is greater, if sufficient funds remain
within the existing budget.
C. Grant acceptance, award agreements, bequests, donations, or other
gifts. The mayor is authorized to approve and sign any application
requesting grant funds for various city purposes if the grant application
requires. The mayor may also accept any grant, bequest, donation, or
other gift in the amount of sixty-five thousand dollars ($65,000) or less,
and is authorized to sign all documents necessary to receive the grant,
bequest, donation, or other gift. In determining the total grant, bequest,
56
5
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
donation, or gift amount for application of this section, the cost of any
matching funds and the cost of fulfilling all conditions placed on the city’s
acceptance of the grant, bequest, donation, or gift must be included in the
calculation. In order for the mayor to have the authority granted by this
section, any matching funds required to obtain the grant, bequest,
donation, or gift must be available within the existing budget. Upon the
city’s receipt of the grant, bequest, donation, or other gift funds as
provided in this sectionin the amount of sixty-five thousand dollars
($65,000) or less, the finance director is authorized to amend the budget
and authorize expenditure of the funds. The finance director may then
include these funds in the budget adjustment ordinance. All
reimbursement requests, vouchers, reports, or certification statements are
to be signed by the director or designee in accordance with KCC
3.70.220(C)(1).
D. Interlocal agreements. The mayor may approve and sign any
agreement between the city and another public agency, including those
entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW,
without council approval, so long as any money that may be paid or
received by the city under the terms of the agreement, or any resources
dedicated by the city to the cooperative effort, does not exceed sixty-five
thousand dollars ($65,000), and any payment or dedicated resource
obligation under the agreement may be paid through the existing budget.
E. Real property interests. The mayor is specifically authorized to do
the following:
1. To acquire and convey rights-of-way and other property
interests by lease or purchase when the city council has dedicated
sufficient funds for the lease or purchase within the existing annual budget
or project budget.
57
6
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
2. To enter into any lease or other agreement conveying an
interest in real property where the total annual amount paid or received
under the agreement, or the total annual fair market value of the real
property interest conferred, is twenty-five thousand dollars ($25,000) or
less. However, no authority delegated under this section shall authorize
approval of a lease or other agreement conveying an interest in real
property for a term greater than two (2) years, including all options to
renew, without express approval of the city council. The mayor, chief
administrative officer, or appropriate department director will report to the
applicable council committee or to the full council, at least quarterly, a
record of any lease or other agreement entered into pursuant to this
subsection.
3. To accept land, appurtenances, and other real property
interests that are dedicated to the city as a condition of a private
developer’s development permit or regulatory approval, or to release the
same as part of such development approval, subject to prior review and
approval by the city attorney.
F. Surplus. Except for real property, or utility equipment and property
as provided for in RCW 35.94.040, as the same may be later amended, or
property that is sold to another governmental entity that is valued over
fifty thousand dollars ($50,000) as provided for in RCW 39.33.020, as the
same may be later amended, the mayor, upon a director’s
recommendation, is authorized to surplus equipment or property the
mayor determines is surplus to the city’s needs, and the mayor may sell or
otherwise dispose of such surplused equipment or property for fair market
value or as otherwise allowed by law.
G. Pass-through fee contracts. Service contracts entered into at no or a
nominal cost to the city, but that result in any associated fee or charge
being passed through to a party other than the city, such as an agreement
58
7
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
with a collection company, may be approved and signed by the mayor,
subject to prior review by the city attorney.
H. Emergency. If an emergency exists as provided for in KCC
3.70.110(B), the mayor may sign all documents and take all actions
necessary to address the emergency. If council approval would have been
required by KCC 3.70.240, the city council shall be subsequently notified,
but formal ratification is not required.
SECTION 3. – Amendment – KCC 3.70.230. Section 3.70.230 of
the Kent City Code, entitled “Council approval”, is amended as follows:
Sec. 3.70.240. Council approval. Council authorization is
required before the mayor is authorized to purchase or sign the items
identified below. Upon council approval, all attachments and documents
pertinent to the authorized act are impliedly approved even if they are not
expressly stated or identified. Further, minor adjustments may be made to
any documents or additional action taken if such changes are consistent
with council’s approval and do not result in additional costs being paid by
the city in excess of the amounts provided in KCC 3.70.230(B), if those
additional costs are within established budgets.
A. Contracts – Over sixty-five thousand dollars ($65,000). All
purchases or work valued at an amount in excess of sixty-five thousand
dollars ($65,000) must be memorialized in a written contract. If a
contract’s estimated cost is over sixty-five thousand dollars ($65,000), or
if there are not sufficient funds in the existing budget to pay the full
contract amount, the city council must first authorize the contract before
the mayor may sign the contract to make it effective and binding upon the
city.
1. When the city council has specifically considered and
approved a project with a line item in the budget that identifies: (a) the
59
8
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
contracting party, if known, (b) specific information as to the purchase or
scope of the contract, (c) the estimated total cost of the purchase or
contract, and (d) the term of the anticipated contract does not exceed two
(2) years, that budget line item allocation shall constitute council
authorization for the purposes of this section if the actual cost does not
exceed the amount budgeted for that expense.
2. The city council may delegate to a third-party procurement
authority on the city’s behalf. If such a delegation is made, no further
council approval is required. Any delegated procurement authority must be
exercised in accordance with KCC 3.70.110(G).
B. Change orders or contract amendments. All change orders or
amendments that exceed the mayor’s authority under KCC 3.70.230(B)
must be authorized by the city council and signed by the mayor before
becoming effective and binding upon the city.
C. Agreements for receipt of grants, bequests, donations, or other
gifts. If the city is awarded any grant, bequest, donation, or other gift in
excess of sixty-five thousand dollars ($65,000), the city council first must
authorize acceptance of the funds and the mayor’s execution of any
resulting agreement. All reimbursement requests, vouchers, reports, or
certification statements are to be signed by the director or designee in
accordance with KCC 3.70.220(C)(1).
D. Interlocal agreements. Any agreement between the city and another
public agency that involves the payment or receipt of money, or the
dedication of city resources, in excess of sixty-five thousand dollars
($65,000), including agreements entered into under the Interlocal
Cooperation Act of Chapter 39.34 RCW, or that involves a payment
obligation the city is unable to meet under the existing budget, must be
authorized by the city council and signed by the mayor before becoming
effective and binding upon the city.
60
9
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
E. Real property interests. Except for the limited authority codified in
KCC 3.70.230(E), council approval is required for all real property leases,
sales, or purchases that are not incidental to implementation of a prior
project or program approved by council. Council approval is also required
before the mayor may sign any lease or other agreement conveying an
interest in real property where the total annual rental value of the lease or
other real property interest conferred is more than twenty-five thousand
dollars ($25,000) or for a term greater than two (2) years, including all
options to renew.
SECTION 4. – 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 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
61
10
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
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)
KIMBERLEY A. KOMOTO, CITY CLERK
P:\Civil\Ordinance\3.70-Procurement-GrantReimburseRequests-Authority.docx
62
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: January 23 2017
TO: Public Works Committee Members
FROM: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 11: Information Only/Railroad Issues and Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
63