HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/07/2022 (2) Approved
Public Works Committee
KENT CC PW Regular Meeting
WA9H... Minutes
March 7, 2022
Date: March 7, 2022
Time: 4:02 p.m.
Place: Chambers
Members: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 4:02 p.m.
2. Roll Call
Attendee Name Title Status , Arrived
Brenda Fincher Committee Chair Present
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
3. Agenda Approval
4. Approval of Minutes
1. Approval of Minutes dated February 7, 2022
The minutes of the February 7, 2022 Public Works Committee meeting were
approved without changes.
MOTION: Move to approve the Minutes dated February 7, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
5. Business
1. SCADA Communication Equipment Agreement with Accu-Comm, Inc.
- Authorize
Supervisory Control and Data Acquisition (SCADA) Tech, Ron Halverson
noted that SCADA is a set of software and hardware components that allow
the City to gather, monitor, record and process real-time data, then utilize
the data to remotely direct pumps, valves, and motors to our 50 facilities.
This contract is for the purchase of replacement communication equipment of
the SCADA system, which is at the end of its service life.
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 1 of 6
Public Works Committee CC PW Regular Meeting March 7, 2022
Minutes Kent, Washington
MOTION: I move to authorize the Mayor to sign an agreement with
Accu-Comm, Inc., in the amount of $101,022.43, for the purchase of
SCADA communication system components, subject to final terms
and conditions acceptable to the Public Works Director and City
Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
2. Milwaukee II Levee Improvements Project - Amendment to Contract
for Property Negotiation and Relocation Services - Authorize
Property Acquisition Analyst, Cheryl Rolcik-Wilcox noted that the City must
acquire property from Amrik Commercial Rentals, conducting business as A-1
Pallets, located at 7752 S. 259th St. (APN 000660-0082) ("Property") to
construct the Milwaukee II Levee Improvements Project ("Project"). The
Project will reduce major flood risk impacts to roadways and properties in the
Kent Valley. The City and the King County Flood Control District ("Flood
District") entered into an interlocal agreement on June 28, 2016, to
cooperatively study available design alternatives for the Project and acquire
property needed to construct the Project. The agreement was amended on
September 10, 2020, to authorize the acquisition of additional property
needed for the Project.
On September 7, 2018, the City signed a contract with Tierra Right of Way
Services, Ltd. ("Tierra") to provide acquisition and relocation services for
properties needed for the Project, and later amended the contract to add
services for the Signature Pointe Levee Improvements Project. While
properties have been acquired and owners have been relocated under this
contract, others have required additional funds to complete the acquisition
and relocation processes, as required under the Uniform Relocation
Assistance and Real Property Policies Act of 1970 (49 CFR Part 24) ("Uniform
Act").
Under the Uniform Act, the City is also required to make an offer to purchase
an additional parcel owned and used to conduct the business of A-1 Pallets,
located at 1100 5th Avenue S. (APN 000660-0079) to the north of the
Property.
The acquisition and relocation of the A-1 Pallets Property is complicated due
to the size of the Property and the complexity of the business. Tierra has
already begun negotiating under the original contract and its previous
amendments, but negotiations stalled, and the acquisition process was
delayed while the amendment to the interlocal agreement with the Flood
District was finalized and other Flood District matters took priority.
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 6
Public Works Committee CC PW Regular Meeting March 7, 2022
Minutes Kent, Washington
The City and the Flood District are now ready to move forward with the
acquisition of the Property. Tierra has provided an estimate of $95,805.42 to
complete these services. Together with the original contract and its
amendments, this amendment will exceed the Mayor's authority to approve
amendments collectively within 20% or $200,000 of the original contract.
MOTION: I move to authorize the Mayor to sign a contract
amendment for property acquisition and relocation services with
Tierra Right of Way Services, Ltd., subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM 1
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
3. INFO ONLY: Upcoming Public Hearing and Council Action to Declare
Property Surplus and to Remove Restrictive Covenant
Property Acquisition Analyst, Cheryl Rolcik-Wilcox explained that the City
owns property adjacent to Washington Avenue that is needed to build a
stormwater pump station. The Washington Avenue South Stormwater Pump
Station Project ('Project") will replace an existing surface water pump station
that is currently located on the west side of Washington Avenue. The new
pump station will have increased capacity and will be capable of providing
surface water control to a larger service area. Additionally, the new pump
station will include features that have now become standard including a
backup power supply, remote telemetry, and improved automation and
controls.
WSDOT conveyed the Property to the City in 1986. The quit claim deed
conveying the Property stated that it was transferred to be used for street
purposes and that any revenue received from the sale or lease of the
property must be placed in the city street fund and used for street purposes.
Because the City no longer needs the entirety of the Property for street
purposes, staff recommends that a portion of it be declared surplus to the
City's streets and transferred to the stormwater utility in order to build the
Project. The portion of the Property that will remain in use for street
purposes will be dedicated as right-of-way in a separate proposed ordinance.
To effect this internal transfer and address the restrictive language within the
quit claim deed, the City must complete the procedural steps required by the
Kent City Code and state law.
Surplus of the Property
Chapter 3.12 of the Kent City Code governs the declaration of the City's real
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 6
Public Works Committee CC PW Regular Meeting March 7, 2022
Minutes Kent, Washington
property as surplus. In particular, when the Council determines that specific
property should be considered for surplus, the City must hold at least one
informational public meeting and receive public comment. Prior to holding
this meeting, the City must provide notice to the public at least 20 days prior
to the public hearing.
Internal Transfer of the Property
The language on the deed restricting its use and conditions of any transfer of
the property also triggers the requirements of RCW 35A.21.410. Specifically,
this statute requires the City to hold a public hearing on the proposal to
remove, vacate, or extinguish a restrictive covenant from property owned by
the City before the action is finalized.
Additionally, when property is reallocated from one department to another,
state law requires that it be paid for at its true and full value. See RCW
43.09.210(3). For this reason, the drainage utility must pay the Street Fund
for the Property being transferred.
Combined Public Hearing - March 15, 2022
The public hearings for these actions will be combined and have been set for
March 15, 2022, at the City Council's regularly scheduled meeting. Staff has
provided notice to the public as required by KCC 3.12.050 and RCW
35A.21.410.
Following the public hearing, Council will consider the adoption of a resolution
that will declare the portion of the Property needed to complete the Project
as surplus and authorize its administrative reallocation (or transfer) from
Streets to the drainage utility. It will also authorize the removal of the use
restriction on the portion of the Property to be reallocated.
4. Property Dedication Ordinance - Adopt
Property and Acquisition Analyst, Cheryl Rolcik-Wilcox noted that the
Washington State Department of Transportation ("WSDOT") conveyed
property adjacent to Washington Avenue (the "Property") to the City of Kent
on July 11, 1986 via quit claim deed ("Deed"). WSDOT acquired fee simple
title to this Property through a Judgment and Decree of Appropriation in a
condemnation lawsuit in 1968. The Deed then transferred all of the state's
rights, title, and interest in the Property to the City.
The Property is no longer needed for street purposes in its entirety. A portion
of the Property is needed to build the Washington Avenue South Stormwater
Pump Station Project ("Project"), and for this reason the City will transfer the
Property to the City's drainage utility so that it may be used to build the
Project. The remaining portion of this Property still needed for street
purposes will be dedicated as right-of-way (the "Remaining Property").
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 6
Public Works Committee CC PW Regular Meeting March 7, 2022
Minutes Kent, Washington
The entirety of the Remaining Property will be dedicated as City right-of-way.
Dedication of the Remaining Property will formally establish and define the
boundaries of the right-of-way, which is necessary due to others who make
use of City rights-of-way to install and maintain facilities, including utility,
cable, and telecommunications providers, and other franchisees and
licensees.
Once the right-of-way is dedicated through Council's adoption of this
ordinance, the City Clerk will be directed to record a certified copy of this
ordinance with the King County Recorder's Office.
MOTION: I move to adopt Ordinance No. 4426, dedicating as right-of-
way a portion of City-owned property located to the east of
Washington Avenue and to the south of South 2515t Street.
RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
5. INFO ONLY: Downey Farmstead Side Channel Salmon Habitat
Restoration Project - Relinquishment of three easements and
removal of restrictive covenants on City property - Hearing set for
March 15, 2022
Cheryl Rolcik-Wilcox noted the Downey Farmstead Side Channel Salmon
Habitat Restoration Project ("Project") is a salmon habitat and flood reduction
project that will create more than 1,800 linear feet of side channel habitat
and provide key floodplain habitat and storage along the Green River.
The City of Kent entered into a grant agreement with the Washington State
Recreation and Conservation Office for the Salmon Recovery and Funding
Board grant on September 16, 2020. This agreement requires any
encumbrances that conflict with the salmon recovery goals of the Project to
be removed.
Rolcik-Wilcox went on to note that there are three encumbrances that have
been identified as conflicting with the salmon recovery goals of the Project,
and the City has been working to clear these encumbrances. They are
described as river protection easements and are as follows: (1) easement on
Parcel No. 232204-9028, King County Recording No. 20090528001279; (2)
easement on Parcel No. 232204-9029, King County Recording No. 5913517;
and (3) easement on Parcel No. 232204-9049, King County Recording No.
5919845.
King County, as the beneficiaries of these easements, has agreed to
relinquish all of its rights, title, and interest in these easements.
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 6
Public Works Committee CC PW Regular Meeting March 7, 2022
Minutes Kent, Washington
Pursuant to RCW 35A.21.410, any code city must hold a public hearing upon
a proposal to remove, vacate, or extinguish a restrictive covenant from
property owned by the code city before the action is finalized. One of these
encumbrances contains such a restrictive covenant. Specifically, the River
Protection Easement, Recording No. 20090528001279 on Parcel No. 232204-
9028 contains some restrictions regarding vegetation and other work the City
may complete within this easement. Because this restrictive language
triggers the requirements of RCW 35A.21.410, the City must hold a public
hearing before extinguishing this restrictive covenant.
Although the other two easements with recording numbers 5913517 and
5919845 are also called "river protection easements," they do not contain
restrictive language triggering the requirements of RCW 35A.21.410. They
instead simply grant rights of access to enter and construct and maintain
flood control works.
The City Council is holding a public hearing on March 15, 2022, at a regularly
scheduled council meeting and invites comments regarding the City's
intention to extinguish the restrictive covenants on Parcel No. 232204-9028.
6. INFO ONLY: Republic Services
Deputy Public Works Director, Kelly Peterson provided a brief update on
negotiations with Republic Services regarding the labor dispute that impacted
waste collection on January 12, 13, and 14 of 2022.
Peterson also explained the solid waste rate structure noting that the City
has a contractual adjustment with Republic Services that happens annually
on April 1.
If you have questions regarding your solid waste rates, when the next Team
Up to Clean Up, or various Clean Up Event will take place, please contact
Tony Donati TDonati@Kentwa.gov or call 253-856-5589.
6. Adjournment 4:44 p.m.
The meeting was adjourned.
Che*-yLv�se,
Committee Secretary
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 6