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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 01/23/2017 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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