HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/05/2004 i
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Public Works Committee Agenda
® Councilmembers: Ron Harmon#Debbie RapleeeBruce White, Chair
KENT
w April 5, 2004
5:00 P.M.
Item Description Action Sneaker Time Page
1. Approval of minutes dated March 1, 2004 Yes none 5 1
2. Vehicle and Equipment Surplus Yes Wickstrom 5 5
3. Upper Meridian Valley Creek Improvements Yes Wickstrom 5 7
Condemnation Ordinance
4. Pacific Highway HOV Lanes Metro Agreement Yes Wickstrom 5 21
Council Sent Back to Committee
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5. Adoption of findings, conclusions and recommendations Yes Committee Members 10 41
regarding LID 353 Final Assessment Roll Hearing.
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Unless otherwise noted,the Public Works Committee meets at 5:00 p.m. on the la`&3"Mondays of each month.
Council Chambers East,Kent City Hall,220 4th Avenue South,Kent,9W32-5895. f
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.
PTublicW duaiuisrsative SnpportVinetTnbbo Works CommiLLea Meai.,,T W Apn6'A040405.doc 'i
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PUBLIC WORKS COMMITTEE MINUTES
March 1, 2004
COMMITTEE MEMBERS PRESENT: Chair Bruce White , Ron Harmon, Debbie
Raplee
The meeting was called to order by Committee Chair Bruce White at 5:05 P.M.
Approval of Minutes of December 1, 2003
Committee Member Ron Harmon moved to approve the minutes of February 2, 2003.
The motion was seconded by Committee member Debbie Raplee and passed 3-0.
Torn Brubaker, City of Kent Attorney asked Council members to add an informational
item about LID 353.
LID 353
Tom Brubaker, City of Kent Attorney gave a brief description of the LID process and
introduced outside legal council Wayne Tanaka from the firm Ogden Murphy Wallace.
Mr. Tanaka gave a description of what the committee members could expect at the LID
hearing. If approached by public wanting to discuss the LID prior to the hearing Mr.
Tanaka advised committee members that they can only consider information that is
presented at the LID hearing. Mr. Tanaka also stated that there would be no time limit i
for those wanting to present evidence at the hearing.
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Coordinated Prevention Grant
Bill Wolinski, Environmental Engineering Manager stated that the Department of
Ecology Coordinated Prevention Grant for 2004-2005 in the amount of$82,917 would be
used to utilize different technologies including selling rain barrels, composting bins and
kitchen waste composting cabinets at reduced prices to the public.
Debbie Raplee moved to recommend the Council authorize the Mayor to sign the
Department of Ecology Coordinated Prevention Grant for the years 2004-2005 in
the amount of$82,971, direct staff to accept the grant and establish a budget for the
funds to be spent within said project. The motion was seconded by Ron Harmon
and passed 3-0.
Pacific Highway HOV Lanes Agreement with Metro Transit for Bus Shelter Pads
Public Works Director Don Wickstrom said that this agreement between the City of Kent
and King County Metro Transit is for right-of-way acquisition and the construction of
concrete shelter pads, fitter receptacle pads and retaining walls at twelve of Metro's bus
stops along Pacific Highway South. Mark Howlett, Project Engineering Manager said
this agreement would be for the City to widen the sidewalks and construct the concrete
pads for shelters. Metro will put the shelters on the pads and will own and maintain
everything behind the sidewalks.
Ron Harmon moved to recommend authorizing the Mayor to sign the agreement for
right-of-way acquisition and construction of the bus shelter pads, authorize staff to
accept the funds and establish a budget for the funds to be spent within said road
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improvement project. All subject to the final modification of the City Attorney and
Public Works Director. The motion was seconded by Debbie Raplee and passed 3-0.
94`h Ave S & S 248'h Sanitary Sewer Installation Charge in Lieu of Assessment
Public Works Director Don Wickstrom the City funded the construction of a sanitary
sewer on a portion of 94`h Ave S and S 248' Street, when and if the 5 properties as shown
on the map connect the charge will be approximately $10,000 cash. Property owners will
receive notice of this charge in lieu of assessment.
Debbie Raplee moved to recommend authorizing the Engineering Department to
establish a charge in lieu of assessment for sanitary sewer connection for the
affected properties as shown on the attached map. The motion was seconded by
Ron Harman and passed 3-0.
BNSF Indefinite Term Lease for Land Agreement
Public Works Director Don Wickstrom said the City has negotiated a new lease with
BNSF Railroad for continued use of a public alley between Gowe Street and Titus Street.
The previous 1954 agreement was canceled due to access constraints and safety concerns
when the Railroad upgrades track crossings for higher speed trains. The City will need to
place a guardrail from Gowe St, to Titus and access to the alley will be from only Titus
St. City staff have been working with property owners regarding their concerns.
Ron Harmon moved to recommend authorizing the Mayor to sign the Indefinite
Term Lease for Land Agreement with the Burlington Northern and Santa Fe
Railway Company subject to the Public Works Director's and the City Attorney's
concurrence of the language therein. The motion was seconded by Debbie Raplce
and passed 3-0.
PSE Agreement for S 228'h St.Underground Power Conversion
Tim LaPorte, Engineering Design Manager stated that as part of the S. 228`h Street
project, overhead utilities need to convert to underground in accordance with City
ordinance. The cost split for the project is 60/40 of which the City's share is
approximately$40,000.
Debbie Raplee moved to recommend authorizing the Mayor to sign the Puget Sound
Energy Construction Agreement upon concurrence of the language therein by the
City Attorney and the Public Works Director. The motion was seconded by Ron
Harmon and passed 3-0.
Right of Way Quit Claim Deed for S 228'h
Public Works Director Don Wickstrom said that relocation of private and quasi private
utilities have become a major problem with respect to controlling costs and time per
implementing any Capital Improvement project. This quit claim deed will separate out
the public right of way restricting utilities to said right-of-way. This will hopefully save
the City time and money in the future.
Ron Harmon moved to recommend authorization for the Mayor to execute Quit
Claim Deed subject to the City Attorney and Public Works Director's concurrence
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of the language therein. The motion was seconded by Debbie Raplee and passed 3-
0.
Washington Conservation Corps Sponsor Agreement
Environmental Engineering Manager Bill Wolinski said the agreement will provide a
three member crew and a supervisor to participate in the construction of various capital
improvement projects in the Environmental Engineering Section. Wolinski said this is a
great program employing youth between the ages of 18-25 who help to perform various
projects to conserve and enhance natural resources.
Ron Harmon moved to recommend authorizing the Mayor to sign the Washington
Conservation Corps Sponsor Agreement,in the amount of$69,616, directing the
staff to pay said expenses out of various capital improvement projects. The motion
was seconded by Debbie Raplee and passed 3-0.
Interageney Agreement with King County Metro for Construction of Pioneer St.
Improvements
Public Works Director Don Wickstrom said this agreement with King County Metro will
provide $300,000 for the City to widen Pioneer Ave to 36 feet between Central Ave. and
Railroad Ave. allowing transit to maneuver through the street.
Debbie Raplee moved to recommend Council authorize the Mayor to sign the
interagency agreement between the City of Kent and King County upon
concurrence of the language therein by the City Attorney and Public Works
Director, authorize staff to accept the money and establish a budget for funds to be
spent within said project. The motion was seconded by Ron Harmon and passed 3-
0.
ADDEDITEM
74rh& Willis Street Stoplight Update
Council Member Ron Harmon asked to have an update on the stop lights at 74'h and
Willis Street added to the agenda.
Steve Mullen, Transportation Manager said the three way signal has been on hold
pending the Railroad installation of additional equipment. The work began on February
2°d and should be complete in approximately six weeks.
The meeting adjourned at 6:09 P.M.
Janet Perschek
Administrative Assistant
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253.856-5500
®
K T Fax: 253-856-6500
W n s III a c T o u Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
DATE: March 9,2004
TO: Mayor White al
��ent City Council
FROM: Don Wickstr ublic Works Director
THROUGH: `l
SUBJECT: Vehicle and Equipment Surplus
MOTION:
Recommend that the City Council authorize staff to appropriately dispose of the equipment as
described in this memorandum and listed below.
SUMMARY:
The listed vehicles/equipment comply with current replacement policy guidelines and have been
replaced. The equipment will be sold at auction or sold to smaller cities.
BUDGETIMPACT:
The monetary returns from the auction will be incorporated into the fleet internal services reserve
fund. This is a positive budget impact.
BACKGROUND: I
Vehicle/Equipment List:
3173 1997 Kawasaki Police Motorcycle, KZ1000, s/n JKAKZCP2XB515469, 39,529 miles.
This motorcycle was replaced in 2003. It has a worn drive train and repair costs have continued to
escalate. The City of Milton would like to purchase this vehicle to use in their motorcycle training
program.
3175 1997 Kawasaki Police Motorcycle, KZ1000, s/n JKAI{ZCP29VB515463, 28,803 miles
miles. The motorcycle was replaced in 2003. There have been major shorts in the electrical
harness. The City of Milton would like to purchase these vehicles to use in their motorcycle
training program.
3191 1999 Ford Crown Victoria, s/n 2FAFP71W4XX155511, 98,432 miles. This vehicle was
replaced and removed from service in 2003. The vehicle has shown increased evidence of
transmission problems.
3203 1999 Kawasaki Police Motorcycle, KZ1000, s/n JKAKZCP26XB517190, 25,225 miles.
The motorcycle was replaced in 2003. There have been major shorts in the electrical harness. The
City of Milton would like to purchase these vehicles to use in their motorcycle training program.
Mayor White and Kent City Council 1 Surplus Vehicle/Equipment ''.....
P:/Operations/Fleet/Suiplus/suiplus memo-39_04.doc
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5329 1999 John Deere GS 45 Commercial Mower, s/n M04420X012309, 200 hours. This
mower has been well used by the Storm Vegetation division and was replaced and removed from
service on 2/5/2004.
5345 1985 Cushion Cut Concrete Saw, s/n 6142874, 1502 hours. The concrete saw has seen
19+ years of service with the Street Division and is completely worn out. It will need to be rebuilt
to continue operation. Parts are difficult to find. This vehicle was replaced and removed from
service on 2/4/2004.
5411 1997 Kawasaki ATV 4 Wheeler, s/n JKALF8C14TB549315, 650 hours. This vehicle was
used by the Water Division, Vegetation crew for fence construction and fence patrol on remote city
property sites. It has been rebuilt twice over the past two years and now needs another rebuild to
continue operation. It was replaced and removed from service on 2/6/2004.
Back Seats for Ford Crown Victoria vehicles. We have 22 rear seats complete with seat belts and
6 complete rug kits. These seats were replaced with the hard prisoner restraint seats when the
vehicles were rebuilt as police units. We will be calling cab companies to get a best offer for the
sale of these parts. j
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Obsolete parts. Various parts originally purchased years ago for repair and routine service of
vehicles no longer in the fleet system. Parts companies are not interested in restocking these parts.
The parts were determined obsolete prior to 2001 and can no longer be identified by current parts
staff. The area has long needed clean-up to make room for current parts and storage.
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Mayor White and Kent City Council 2 Suiplus Vehicle/Equipment
P:/Operarions/Fleet/Surplus/surplus ruemo-3_9_04.doc �
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Adir PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E., Public Works Director
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KENT Phone:Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: March 31, 200
e
TO: Mayor White ent City Council
FROM: Don Wickstro , ublic Works Director
SUBJECT: Condemnation Ordinance for Upper Meridian Valley Creek Improvement
Project
MOTION:
Recommend authorization to adopt Condemnation Ordinance # , for
obtaining needed temporary construction and permanent easements for location of a
storm drainage culvert for the Upper Meridian Valley Creek Improvement Project.
SUMMARY:
In order to construct the culverts for the Upper Meridian Valley Creek Improvement Project, it is
necessary to acquire easements and right-of-way from three property owners. We have completed
acquisition of two of the parcels; however, for the property included in this ordinance, the
negotiation process has not been successful. An initial offer letter has been sent to the affected
property owner. This ordinance provides the mechanism to proceed, if necessary, to condemnation
on this property. The City will continue making good-faith negotiations with the owner.
BUDGETIMPACT:
No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
This flood control and habitat enhancement project was inherited from King County when the City
annexed the area in 1997. King County had previously purchased a permanent easement from this
property owner for the culvert. However, upon review of the easement by the city's construction
and legal departments, it has been deemed inadequate to provide sufficient area to reconstruct this
culvert. Due to a limited window of construction permitted by the U.S. Army Corps of Engineers
and the Washington Department of Fish and Wildlife and a hostile property owner, it may be
necessary to condemn the required property to be able to construct the entire project this year.
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Order No.
IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate
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ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, providing for the acquisition of a
portion of three parcels of real property located northeast
of the intersection of S.E. 240th St, and 132nd Ave. S.E.
for the purposes of reconstruction of a storm drainage
culvert on Upper Meridian Valley Creek and/or property
rights in order to reconstruct the storm drainage culvert for
the Upper Meridian Valley Creek Improvement Project;
providing for the condemnation, appropriation, taking, and
damaging of such surface and aerial property rights as
are necessary for that purpose; providing for the payment
thereof out of the Upper Meridian Valley Creek
Improvement Project fund (Fund No. D20027.64140.220);
directing the city attorney to prosecute the appropriate
legal proceedings, together with the authority to enter into
settlements, stipulations or other agreements; and
acknowledging that all of said property is located within
King County, Washington.
THE CITY OF KENT WASHINGTON
THE CITY COUNCIL OF , DOES
HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. After hearing the report of City staff, and after reviewing
the planned improvements for the Upper Meridian Valley Creek Improvement Project
(the 'Project"), the City Council finds and declares that the public convenience, use,
1 Upper Meridian Valley Creek
Improvement Project
Condemnation Ordinance
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health, safety, and necessity demand that the City of Kent condemn, appropriate, take, I
and damage portions of certain real property located in King County, Washington, in
order to acquire the necessary real property and/or property rights for the construction
of the Project, including all necessary appurtenances. The property affected by this
ordinance is legally described in Exhibit A, attached and incorporated by this reference
(the "Property"). 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. The City 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. The City shall condemn the Property 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. The City shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the City's "Upper Meridian Valley
Creek Improvement Project" fund (Fund No. D20027.64140.220) or from any of the
City's general funds, if necessary, as may be provided by law.
SECTION 5. The City authorizes and directs the city attorney to
commence those proceedings as provided by law that are necessary to condemn the
Property. In commencing these condemnation procedures, the City Council authorizes
the city attorney to enter into settlements, stipulations, or agreements in order to
minimize damages. Settlements, stipulations, or agreements may include, but are not
be limited to, the amount of just compensation to be paid, the size and dimensions of
2 Upper Meridian Valley Creek
Improvement Project
Condemnation Ordinance
17
the property condemned, and the acquisition of temporary construction easements
and other property interests.
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstances shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
SECTION 8. This ordinance, being the exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take
effect and be in force five (5) days after passage, approval and publication as
provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
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TOM BRUBAKER, CITY ATTORNEY
E
3 Upper Meridian Valley Creek
Improvement Project
Condemnation Ordinance
18
PASSED: day of April, 2004.
APPROVED: day of April, 2004.
PUBLISHED: day of April, 2004.
I hereby certify that this is a true copy of Ordinance No.
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passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
PXIOORDINANCEICondemn-Upperk4eridlan ValleyCmekimprove.doe
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4 Upper Meridian Valley Creek
Improvement Project
Condemnation Ordinance
19
EXHIBIT "A"
Lots 1, 3, and 4, King County Short Plat Number 176032 (revised), recorded under Recording
Numbers 7708180959 and 7802160554; being a portion of the south half of the southwest
quarter of the southwest quarter of the southwest quarter of Section 15, Township 22 North,
Range 5 East, W.M., in King County, Washington.
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone:253-856-5500
K T Fax: 253-856-6500
WASH N o r ON Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
DATE: M 1 2004
TO: P;6oin
� Vrks Committee
D FROM: - c strom, Public Works Director
THROUGH:
SUBJECT: Pacific Highway South HOV Lanes Project
Agreement with King County Metro Transit for Construction of
Bus Shelter Pads
The Pacific Highway South HOV Lanes Project agreement with King County Metro Transit for
the construction of bus shelter pads was pulled from the March 16, 2004 Council meeting and
sent back to the Public Works Committee for further discussion.
To date staff have discussed this issue with Councilman Clark. Clark's concern relates to the
expansion plans of Highline Community College which he anticipates will significantly increase
bus patronage thereby necessitating enhancing bus service thereto. He has been attempting to
arrange a meeting with representatives of the college but no meeting date has been set at this
writing.
hi discussion with Metro they have no plans to modify their present service level of this stop.
Further, there is no monies within the Pacific Highway HOV Lanes project scope. Finally, were
a transfer station needed it would have to be handled as a separate independent project. Adding a
transfer station to this project would significantly change its scope and thereby opening up the
environmental and permit processes that have literally taken years to secure. Such a delay would
then put in jeopardy the Federal funds associated with this project. Presently this project needs
to be under construction by January of 2005, if it is not the funds are eligible to be reallocated to
another regional project that is ready to go.
The Public Works Director recommends to proceed as previously authorized.
Mayor White and Kent City Council 1 Pac Hwy S.HOV Lanes—Metro Transit
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PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
phone.253-856-5500
® " Fax 263.856-6500
KENT Address 220 Fourth Avenue S
WASHINGTON. - Kent.%k 98032-6895 II
DATE:
TO: Public Works Committee
FROM- Don Wickstrom,Public Works Director
THROUGHC_.
SUBJECT: Pacific Highway South ROV Lanes Project
Agreement with King County Metro Transit for Construction of
Bus Shelter Pads
r
ION Recommend authorizing the Mayor to sign the Agreement for right-of-way
sition and construction'of the bus shelter pads, authorize staff to accept the funds and
lish abudget for the funds to be spent within said road improvement protect.
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SUMMARY:This Agreement is between the City of Kent and King County Metro Transit for
the acquisition of right-of-way and the construction of concrete shelter pads, litter receptacle
pads and retaining walls at twelve of Metro's bus stops along Pacific Highway South Metro has
agreed to pay the City$172,000 for this work
BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact
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BACKGROUND: King County Metro Transit operates several bus routes along Pacific j
]3ighway South through the City of Kent At 12 bus stop location within the City,Metro desires
to construct bus shelters behind the sidewalk Because of the ease and cost savings associated
with performing this work in conjunction with the City's project,Metro has agreed to pay the
City$172,000 to cover the cost o£nght-of-way acquisition and construction of the pads After
completion of the concrete pad installation,Metro will install the bus shelters at their own
expense
Mayor White and Kent City Council 1 Pac Hwy S HQV Lanes—Metro Transit
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Agreement between King County and the City of Kent for
Funding, Construction and Implementation of Pacific Highway South HOV Lanes Project
THIS AGREEMENT is made and entered into this day of 2004,by and between
the City of X cnt,hereinafter called the"City,"a runnicipal corporation of the State of Washington,and
King County,acting through its Department of Transportation,hereinafter called the"Cou city,"both of
which entities may be collectively referred to hereinafter as the"Parties"
WHEREAS,the City has undertaken the Pacific Highway S outh HOV Lanes Project to construct right-of-
way improvements f omiS 272"d St to Kent Des Monies Road, and
WHEREAS,Pacific Highway South is a major north/south arterial sheet that serves both local and
regional traffic within the City by all modes,including public transit,and
WHEREAS,the City desires to improve traffic operations and pedestrian circulation,support transit an
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enhance the overall safety and aesthetics of Pacific Highway South,and
WHEREAS,the County wants to improve transit operations along Pacific Highway South and supports
the City's efforts to upgrade this facility in a manner more compatible to transit and pedestrian modes,
and
WHEREAS,the County has agreed to contribute funding to construct those project elements that directly
berie,.t transit operations,
NOW,THEREFORE,in consideration of the mutual covenants contained herein, the sufficiency of which
is acknowledged,the parties hereto agree as follows
Section 1. City Responsibilities
1 1 The City will b e responsible for the design,construction/nistallation,testing and acceptance of all
improvements -including those requestedby the County-in plans preparedby the City identified
as the"Pacific Highway South HOV Lanes Project"(hereinafter, the"Project")
12 The City shall submit to the County plans for the Proj cot for review prior to construction.The
County will have the opportunity to reviewplans at 60%,90%, and 100%
13 The City will be responsible for the administration of any contracts it enters into for the
performance of its responsibilities render this Agreement The City will provide the County with
quarterly progress reports to identify work progress, schedule adherence,and other matters of
significance in the performance of this Agreement Prior to the issuance of a change order or
acceptance of contractor's work,the City will notify the County andprovrde the County with the
opportunity to colurnent on and inspect the following items included in the Project
a Bus shelter footings(in the formed stage prior to concrete pour per the Note on C 204-
footuigs in Attachment )
b Handholds and conduits for providing power to bus shelters
However,neither the Cou nty's comments on nor nisp ection of City-led improvements under this
Agreement will relieve the City of its responsibility for said improvements
City of Kent Agreement
Pacific Highway South HOV Lanes Project
2/02104
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1.4 The city shall contact the County two weeks n advance of construction to remove or relocate bus
shelters and 3 days in advance to move or relocate a bus stop
1 5 The City mll acquire right of way and install twelve(12)shelter footings,Litter Receptacle pads
and Retaining Walls(where applicable)as identified in Attachment B and Attachment.C,in order
to create accessible bus stops meeting federal,state and King County requirements The City
shall exercise due diligence in acquiring said right of way
16 The City will install conduit and wrong from the Oty's power source to the Metro J-box and
conduit from the Metro J-box to the shelter footing per the Infernal Lighting Design.in
Attachment D
17 The City will be responsible for arranging power service and for paying all ongoing electrical
power costs related to internal bus shelter lighting improvements This obligation shall survive
any expiration or terminatton of this Agreement
.18 The Crty is hereby designated the County's construction agent for this project The City will
meorperate the County's Plans and Specifications into the City's project and advertise the project
for competitive bid The City will admnuster the construction of the project and shall have final
judgment,after consultation with the County,with regards to decisions related to the work of the
contractor
Section2. County Responsibilities
21 The County will be responsible for removing the existing shelters and installing new or
refurbished cobalt blue shelter units at their own expense. The Parties agree to manage the
phasing of the shelter-related construction so as to numrnize the impacts to transit customers
22 The County will install bus shelters with internal lighting capability at up to twelve(12)bus
zones, as idenhfiedinAttachment B.The County will maintain the bus shelters.
23 Upon notification by the City of completion of work identified in Sectionl 3,the County will
inspect the improvements consistent with the County approved plans and specifications If the
County finds that any work does not meet the terms of this Agreement, or any specifications or
terms established hereunder, the County will prepare a punch list of such items and submit it to
the City.Work that does not comply with the agreed upon specifications and terms, except as
modifiedby mutual agreement between the City and County,will be corrected by the City at no
cost to the County Notice of acceptance will-not constitute acceptance of any unauthorized or
defective work or material The County retains all rights hereunder and at law to require the City
to remove,repair,replace,or dispose of any unauthonzed or defective work or to recover
damages for any such work or material;
Section 3,Financing
3.1 The construction budget for the Project is$12,000,000 00 The County will contribute directly to
the City an amount not to execcd$172,000 to support the project These costs are intended to
City of Kent Agreement'
Pacific Highway South HOV Lanes Project
2/02/04
23
offset City planned construction of transit related improvements identified in Attachment A;
Tasks 1,3,and 4
32 The Cnty's Right of way cost estimates are contained On Attachment B
33 If the City and County mutually agree that it is infeasible to secure right of way(ROW)fqr a
sp ecific site,the County will reduce its contribution under this Agreement by an amount taken
from the construction cost estimate for that site(attachment B),the property acquisition costs
estimate for the site identified in Exhibit E(less the costs of item B, C,D,E,F and possibly H),
as well as a 1/12`h pro-rated share of$60,000 This share is based upon the difference between
the City's estimated ROW costs ($112;000)and the County's total contribution to the project.
The City and County may,by mutually written agreement,exceed the estimated Parcel costs
identified in Attachment B on asite by site basis up a maximum of S172,000
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34 Once all available and mutually agreed ROW has been secured;funds not spent by the City on
right of way acquisition will available to the City for project construction and the improvements
identified herein including any unforeseen costs associated with the bits stop improvements
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3 5 The County shall absorb all costs associated with Task 2,Installation of bus shelters, identified
in Attachment A
36 The City will invoice the County upon Completion of the tasks identified in Attachment A, except
for Task 2,Instai11atian of u,Wn shelters,wherein the County will remove and install the bus
shelters at County expense The County will make payment to lie City within thirty(30)days of
receipt of an invoice for work determmedtobeperformed in accordance with the terms of the
Agreement The County's total payment to the City under this Agreement will not exceed
$172,000
Sectlon4. Ownership and Maintenance
41 Unless otherwise agreed to by the Parkes,the City will own and maintain all improvements
constructed by the City as part of the Project
42 The County will own aid maintain the shelter footings,litter receptacle pads,retaining walls
around the shelter footing(where applicable)constructed by the City behind the sidewalk but
paid for by the County The County will own and maintain all King County Metro bus shelters,
litter receptacles,benches,internal shelter lighting fixtures andbus signage supplied by the
County
Section 5.Legal Relations
5 1 1t is understood that this Agreement is solely for the benefit of the parties hereto and gives no
rightto any other party No joint venture,agent-principal relationship or partnership is formed as
result of this Agreement No employees or agents of one party or any of its contractors or
subcontractors shall be deemed, or represent themselves to be,employees or agents of the other
party
52 To the maximum extent permitted by law, eaehparty shall defend,mdeinmfy,and holdbarmless
the other party and all of its officials,employees,principals, and agents from all claims,demands,
City of Kent Agreement
Pacific Highway SouthHOV Lanes Project
2/02/04 ,
1
i
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I
suits.actions and liability of any kind,including injuries to persons or damages to property,that
arise out of, are connected with, or are due to any negligent acts or omissions of the milonmifying
Party andlor its contractors,,officials,employees,agents and representatives in performing work
under this Agreement,provided,however,that if(and only if)the provisions of RCW 4 24 115
apply and any such damages and mines to persons or property are caused by or result from the
concurrent negligence of both parties to thus Agreement, or their contractors,officials,employees,
agents and represainatives,then in such instance eachparty's obligation hereunder applies only to
the extent of the negligence of such party or its contractors, officials,employees,agents or
representatives Each party specifically assumes potential liability for actions brought by its own
employees against the other party and for that purpose only each party specifically waives,as to
the other party only,any nin amity under trio Worker's Coirpensation Act,RCW Title 51,and
the parties recognize that this waiver was the subject of mutual negotiation and specifically
entered mto pursuant to the provision of RCW 4 24 115
53 The City and the County shall comply and shall ensure that their contractors comply with all
federal,state and local laws,regulations, and ordinances applicable to work and services to be
performed under this Agreement
5 4 In the event any party incurs attorney's fees,costs or other legal expenses to enforce provisions of
this section against another party,all such fees, costs,and expenses shall be recoverable by the
prevaihngparty
55 This Agreement shall be interpreted in accordance with the laws of the State of Washington in
effect on the date of execution of this Agreement The Superior Court of King County,
Washington shall have exclusive jurisdiction.and venue over any legal action arising under this
Agreement
56 The provisions of this Section shall survive any expiration or termination of this Agreement
Section 6.Records and Audit
61. During the progress of the design and construction of all improvements covered by this
Agreement and for a period not less than three(3)years from the date of completion of all
improvements,records and accounts p ertarnmg to the work of this Agreement and accounting
therefore are to be kept available for inspection and audit by representatives of the parties
Copies of the records shall be furnished upon request and shall be maintained in accordance with
a work order accounting procedure prescribed by the State Auditor's Office
Sectloa 7.Agreement Duration and Termination
7.1 This Agreement shall take effect upon execution by both parties and shall expire January 31,
2006,unless extended by mutual agreement of the Parties or unless terirnnated in accordance with
the provisions of this Section 7
72 Either party may terminate this Agreement in the event that the other party materially breaches
this Agreement. Written notice of so&termination must be given via certifredmailby the party
terminating this Agreement to the other party not less than fourteen(14)days prior to the
effective date of tcri nnatron
City of I{ent Agreement "
Pacific Highway South HO'4 Lanes Project
2/02/04 -
, III
25
7 3 Either party may terminate for its convenience and without cause by providing written notice to
the other party not less than thirty(30)days prior to the effective date of termination
74 Failure by either party to require fdl and timely performance of any provision of the Agreement
at airy trine shall not warve or reduce the right of either party to insist upon complete and timely
performance of such provisions or any other provision thereafter
Section 8.Identification of Contacts at City and County
8 1 The City and the County each agree to appoint a Project Manager to represent the interests of
tlroir respective agencies The two Project Managers will work collaboratively toimplenent thus
Agreement
82 All official communication concerning this Agreement should be directedto the following Project
Managers
Mark Howlett Paul Alexander
Project Manager Project Manager
City of Kent King County Dept of Transportation
220 4'h Avenue South. 201 S Jackson Street,MS KSC-TR-0413
Kent,WA 98032 Seattle,WA 98104
Any changes in agency contacts from those noted above must be confirmed in writing to the other
party
Section 9.Entire Agreement
This document contains all terms, conditions and provisions agreed upon by the parties thereto, and
shall not be modified except by written amendment, Such amendments may be made to this Agreement
within the previously approved budget or other applicable authority for and on behalf of the City by its
Mayor or designee, and for and on b chalf of the County by its General Manager of the Transit Division or
designee. The written provisions and terms of this AGREEMENT, together with any attached Exhibits,
shall supercede all prior verbal statements of any officer or other representative of either party, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any
riianner this AGREEMENT, This document,including all Exhibits, is the entire agreement between the
parties. Shouuld any language in airy of the Exhibits to the AGREEMENT conflict with any language
contained in this AGREEMENT,the terms of this AGREEMENT shall prevail ,
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Section 10. Assignment
Any assignment of this AGREEMENT by either party without the written consent of the non
assigning party shall be void
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Section 11.Modification
No waiver,alteration,or modification of any of the provisions for the AGREEMENT shallbe binding
unless in wnting and signedby a duly authorizedrepresentative of the CITY and the COUNTY
s
City of Dent Agreement
Pacific Highway South HOV Lanes Project
2102/04
26
Section 12, Severability
If anyprovision of this Agreementis held invalid by a court of competent jurisdiction,the
remainder of the Agrcerient shall not be auected thereby if such remainder would then continue
to serve the purposes and objectives originally contempiatedby the parties
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first written
above
The City of Kent
By
Sim White,Mayor Date
City of Kent
Approved as to Fenn
By
Date
King CAkC
1
BY
alsh, General Manager Date
King County Metro Transit Division
Approved as to Form
By
V7e ea Hurdling Date
uty Prosecuting Attorney
City of Kent Agreement s
Pacific Highway South HOV Lanes Project
2/02/04
27
Attachment A
I
Funding of Transit Related Elements
Paciflellighway South HOV Lanes Project
City of Kent,Wasbington
The County contribution for this project is as follows
TASK
BUDGET
Task 1. Bus Zone and Shelter Improvements $52,000
County contribution to the City supporting the construction of bus shelter footings,litter receptacle pads
and retaming walls County contribution to the City supporting the construction of handholds,conduit
runs,in addition to the wiring and fuses from the City power source to the handholds per County
specifications m order to provide p ower to bus shelter
Task2: Installation of Bus Shelters $83,200
County cost for installation of bus shelters at up to twelve(12)locations
Task 3: Gene:at SL eet and Pedestrian Improvements $120,000
County contribution to the City to support construction of street rechannelization,northbound and
southboundHOV lanes, curb,gutter,sidewalks, and curb ramps.
II�
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City of Kent Agreement
Pacific Highway South HOV Lanes Project
2/02l04
_ i
28
Draft-'Attachment B
Sus She[ter List
Pacific Highway South HDV Lanes Project
city of Kent,Washington
Shelter Zone Kent Parcel Station Footing FOOting Shelter Litter Irternat 6"widz
Number Type Size Type Receptacle Shelter, Retaining Construction
Pad Lighting Wall Cost
1 60750 462632(S) 37+5511 B21 9'-8'k4'-4" F21 Yes Yes Na. $3,819 70
2 60752 ROW Q S 47+81R . B21 9'-SNV-4" P21 Yes, Yes No $3,81970
I F
268z St
3. 60760 462607(S) 78+90R B21 9'-Vx4'4' F21 Yes Yes No $3 819 70
4 60780 ROW@ 105+OOR Bit 9'-8"x? Fit Yes _ Yes No $4,40994,
396489(M
5 60790 396476N 122+95R B21 9'4"A44' F21 Yes Yes Yes $5,455 35
649950 396469(N) 148+19k B22 18'x4°-4" F22a Yes Yes No $6,11152
7 49960 396453(N) 165+50R B21 9'-8'W-4" F21 Yes Yes Yes. N/Agmwmly)
8 50480 397246(N) 165+40L B21 9'-8"x4'4" F21 Yes Yes No $3,819 70
9 50481 397232(N ) 149+001, B21 9'-8"x4'-4" F21 Yes Yes No $3,819 70
10 61180 397225(N, 140+10L B21 9'-8"x4'-4" F21 Yes Yes No $3,819 70
11 . 61190 397212(D) 123+60L B21 9'-8"x4'-4" F21 Yes Yes IVo $3,819 70
12 61200 396496(N ) 100+451, B21 9'4"x4'4" F21 I Yes Yes No $3,819 70
13 61220 462656(S) -72+1OL B21 9%8"x4'4" F21 Yes Yes Ycs $5,465 59
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City of Kent Agreement a
Pacific Highway South HOV Lanes Project
2/02/04
29
t C littachme n
Includes
D103-Standards for Construction of Transit Passenger Facilities
Footing Plans,Sections,ietalls,Notes and Schedule
C2G6-icOCk aiid%O neret0%nt iceiatiiing`Y`r'ai s Details
C211-Bus Sign Foundation Litter Receptacle Pad Details
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City of Kent Agreement
Pacific Highway South HO V Lanes Project
2102l04
30
- - FOO➢NC OWENSIONS
I oy�VrFe). a e r�.�Er..� .0 •I'.,� u/ in� ze° i Mrh
v{ " . •I. OZI MOM ez iy a Si
r' j. __ / - le.o NOTFS'ry -
Sil F0o9N0
ft Imf ' „ . ti •.l n uana[v r[mxc..n •Pon
Y �'[ipz� ,', I � , r. •,� I r ' ' S i 1 ePcuro L.O
822 FOO➢NC
reww n
� I
t
Im
I •
. r ,�.A,,.,a,� i -.�• Xs°sewes FooTlNc Pox i
.. r�r ^'1',�.I. . •I
j —
wrmun i 7?
L .•i.: {,' -,I : LI:N-' .........
.• I ivP nn 4iFT.rl: flP¢LL Ld;11GP eJ�,{
sa • a`to raatiN o ,rv.�P a..n "oS"'•Sh�a"r
{o[P"'''Ne.rr oa ru w tONCFNDIN[L � m rn�vrR _
{.�P"A."oe[I. xm SECPON ei_ y-y[N,r Iro {
t [yze /e[wePm n• [
e� _ Mesxo�P[GOP SO
MR�® _ O 6TANUARUS FOR CONSTRUCTION
OGER FA PASSENGER FACILRYES
31
i
_ I 12 4.- `SHELTER FOOTING
3/4'CHAMFER ALL 1. ® 1R" 0 C SEE NOTE 3 �I 3 Ate- / AT OR TO DOF WALL
EXPOSED EDGES ._.JI L... +4 REM 1' t
GRACE (NOTE 3) I I _, 15 - Y
- SEE NOTE 2 MUOTUR Flu
} 2X MAXSHELTER FOORNG i u 6I -I C-B*GIMPY SPALLS
OR LANDING PAD - FILTER FABRIC
i ,ri=IIIz-
1L - '7 AT L-g ln.E OF WALL 1-- -: -
� n71" I .. T m
AT SIDEWALK WITH NO WING WALL r
�— r '
1 n 1' MINUS WasHEo ROCK
SECTIONPERFGR
IPE
3/i" CFAMFER ALL
SCALE 1/2' 1 O 4'-B' II TO PAVEMENT TO
EXPOSED EDGES EKCAVATION DRAIN FOR WALLS HIGHER
VAR EG uM'LS
3- EEBOARD WER SEE NOTE 2 REPAIR EXSTING T9
FR
FINISHED GRADE(NOTE 3) V 3" SLOPE NOTE HATCH EXISTING
WIES SEE SPECS FOR ROCK SIZES
4--8"QUARRY SP&LS - FINISHED T •v y G ROCK REMAINING WALL
STRUCTURAL FILL GROUND J� I
PROFILnLE 1� FILTER FABRIC I' 2R� > d
3!! tiF ::i ——, —ir— , VARIES SEE OTHER DETAILS SECTION 3
3 ` '.• ' — Pill a _-T FOR SLAB CALLOUIS SCALE NONE - -
I-MINUS WASHED ROCK ° tiI.
1 ((4 REM® 12' OC (EACH WAIT
q 4 0 PERFORATED PVC PIPE WITH WING WALL
L31 DAYLIGHT TO PAVEMENT y
on FOR WALLS HIGHER
GENERAL WALL NOTES
w
THMI 2' (NOTE V CONCRETE RETAINING WALL
i NO NECT TO XiS)INFEELING)IF WALL 6 UNDER 2 FEET HIGH
3Y SECTION Z CONNECT TO E%IS11NC OFAIN PIPE, IF APPl1CA9LE I
Nr GCAlE 1/2'�t'-0' - 2.CONSTRUCT REAR WALL FULL LENGTH OF SHELTER
FOOTING OR LANDING PAD TAPER TO MEET SITE SLOPE
pL EryG PA}L�MA� 3 RESTORE LANDSCAPING OR SPREAD BEAUTY BARK TO
MATCH DOETING -
4 R
DepeHm®L vl TRANSIT PASS -ER FAC Drviewn dAN 98
svAS
NOTED TRANSIT PASSENGER F/GILLI1f5 Fl`
wC„�AGF �w °m ROCK AND CONCRETE C206
CUT RETAINING WALLS
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i
Y� MINFROM 7-O•
J
NPOST TUBINGEDGEOR."AYETRO TO FURNISH) OR 4' FROM MOLNE
ST GROUNDTYPNE RWEf(iW) IA ANCHOR BOLT
11f( JJI LL I lSDUARE i Li (61EPTRoF) 41
N ANCHORTURINGT711'1-I'I I II I T•ICRETE flASE ° \ - "T`T-TJ�.!1'I--rrr�rrr RW'F 4x45/6
PLAN \ Y�P '"R-T 1=f--F�rl-� ASTM A185.
SIGN POLE NOTES
A ttf11-11--I-1-F'i- 4-/4 REAR
1 CONCRETE MIX TO BE PER SPEOFICAT10N5
ANDRDRIYE RNETS DE NEW AN.CIIWi IUDING }�\/\\//\/
2
3 RESMRE AREA TO ORIGINAL CONDITION
4 INSTALLATION DETAILS FOR RELOCATION SECTION T
OF SIRENS SIGNS AND SIGNS OTHER AWN v
Bus SIGNS SHALL AND SIGNS
THE IXIERNC - ------ --
INSTALLATION AND STANDARDS - — --�-
s BUS SIGN POLE FOUNDATION a
§ IO
DETAIL A S T
SCALE NONE I ITI R R C P,_ [?ACC c�� -
BUS SIGN BUS SIGN PEDESTAL ASSEMBLY 1 SAWCUT ASPHALT PAVEMENt,AS REQUIRED,
(METED) (SUPPLIED BY METRO) FOR THE CONCRETE PAD
I f 3/4•SS SUSOLTS W/WASHERS 2 CONCRETE PAD TO BE CAST IN PLACE
R / AND SPANNER HEADS 3 CONGRESS PAD TO BE INSTALLED LEVEL AND PARALt£L
I���I (SUPPLED.v METRO) - WITH THE SHELTER FOOTING OR LANDING PAD
91210145
/z 0 55 KWiK BOLT WITH CONCRETE
p+ rIT ANI:HOR-3 1(z•MINIMUM EMDED - -LITTER RECEPTACLE PAD (,CONCRETE)
�I 4 REWD(SUPPLIED BY CONTRACTOR) _
DETAIL C
.II 0 ' %II ¢P�f s ENO U*/
NA DET° ° WIN
SUS SIGN PEDESTAL MOUNT ,L,, a PEet VHJo PS NOTEDDETAIL B �9/ uEcov cMtNGIBUS WOx
SIGN LT
ON
L117ERRECEPTACEPAD C211
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Attachment D
Standards for Construction of Transit Passenger Facilities
Internal Sus Shelter Lighting Details
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City of Kent Agreement m
Pacific Highway South HOV Lanes Project
2102/04
34
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35
Attaclnnent E
City of Kent F,stimated Right of Way Costs
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City of Kent Agreement
Pacific Highway South HOV Lanes Project
V02(04
36
II
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KiW99ROW C AMk
it"mvl8PlwlaSROW Cmis fee3am lc wy Sbdlee5i.-II➢N3 _
T} 6Fet W (c) (F) (331
apd-4 I.. a P'nde S9uua Temp P�¢sh.doP Lm Bl1 4,S t0) 4 "d. SWMW, C.ud . TOW
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5*tlw heRnedoe Is lZ, &M 11 Rne 1. M.T.^I C t Aiil'^Exq Comp Algr'Lal A Nq DeOaon B&¢Ow Enloxtlon (GS C40% Rrtd
Pme N 3NS ,pbhoa 'hM five Type Mlop IiseP. PN] LlyV.. X. Ns is !ml elllLe Pertll fONv)Fego Fte15% F¢750 g25 ABexem SLOW 19% 17AI
60]50 46363 3 371E 821 9-0k �' WI P Y. No X. 0 S•9f l300 AFo N50 N33 W slpOW 54,9H ilM j
16W52 ROW@ ]H 4Is01R 82 g-8"M4' FYI P Y. No Y. Na p 0 N/A 50 5p Sp' Sp f0 .W 50 50
6p , msfiy ]OidpA ➢31 9-8-x4-1' 111 P Y. Ne Yv No 40 .I] Ne 51111 S2 Wp 56M f10'.@ EiOp SI50 51656 51p66}
RTI (IP ID%Ch"CG[d• XY• ••ilvt itr SsA4JvWt 'xva`1.`.Q` R ' %[r gEA` k
i MR 11 W9 646 10W. Bll 9.8•x] FN O Yn N Vse Ne 0 p N/A SO FD D EO p p 93 50
D 1 - Ip"Ifk{4"`•`3.4 S='&' eY
1 6W9p 3564)6 12bm Bll 4-8"Ni' nil Yee Yc Yes T33 33 Yn 53959 SICO 3150 E)50 235 Ipp f0 fl B $6d
dp95O 3969f/ 140f OB BY3 IB'x14" F21 P Yd N. Yn Na 03 90 Yu SS 3 vw Sim On t32t 520p D20'A F1,9p i)939
I IB96p 396453 06A D21 4-81F1' mi P Y. . Yn Y. ]033 33333 Yu N950 S]W Um V50 MS SIW p 51983 f616)'.
D SWOp 39 I6sH B21 Y-6'a44" Pll P Y. N. Yn N. 4.33 053 51150 wo %. vm /M M. $5W0 53 0 bl)
1 SO6H1 39]331 1n L B31 g-0'x44' MI P Yn No Yn N. 033 4733 No EI.1m N w 16p0 DI.WO N S/5p NOpO N ftl</A
261150 393325N 1IM10L LE 9'-8"x4'd' I P Y. No Y. No 4D33 9]il es S11 NOD A5p N SSDS M Y13
5 611 Mu la,
.1 9'2'k9'-0' 832 P Yn No Yo No MD a]33 Yef 51 J. V. sm $]50 EERY S/60 E]9]S
4 sms - Iw •,� b P' ?31?i �.i2fm ' 'v .hcCs
5 611W 3961 INa45L B21 9'-H"x9'-C Pll p Yn N. Yn No 40JI di33 N. 51 E2Hp3 56D2 ' S3,W3 M SO 50 5166p E1p,66p
6 6131D E1sIlNC.3fM C L hY: . N. S ..
]M22D 46265` RiIOL 821 4.6'x9'-l• IRI Y Vtl No 3 Yes Yn n]633 )3S3 Fo E2930 ,516pp $6M "M ]W Y)Sp 51� xN]83 514 93
H 61230 spv @I636355 ddt50L H11 9'-B'xi Fll @ Yn No Yes No p p WA 5p Sp Ep 50 W o 5p 50 '.,
51H• SII S]900 E19J00 d5p f4950 H]p pP S Sll;)]O ''
Neh5B9 BOW co awupde;d2.3-04 xk .
`Slalmn l.ecchpl dales vpdale0 '1132W! '
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone: 253-856-5500
K Fax: 253-856-6500
W A S H N G T O N Address: 220 Fourth Avenue S.
Kent.WA. 98032-5895
DATE: March 31 2004
TO: Pub'jl` G�Jrks Committee
FROM: Don rc strom,Public Works Director
THROUGH:
SUBJECT: LID 353 S. 228`" Street Extension (54tb Avenue South to Kent-Des Moines
Road SR-516)
MOTION:
Recommend that City Council adopt the findings, conclusions, and recommendations regarding
LID 353 Final Assessment Roll hearing.
SUMMARY:
The Committee, sitting as the Board of Equalization for LID 353, to enter its findings,
conclusions, and recommendations that follow the March 23, 2004, Final Assessment Roll
hearing.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
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BACKGROUND j
On February 17, 2004 the Kent City Council adopted ordinance No. 3680 setting the public
hearing on the final assessment roll on LID 353 for March 23,2004, at 4:00 p.m. before the
Public Works Committee, sitting as the Board of Equalization. At the hearing the Board
received 21 protests. Upon closing the hearing the Board notified the attendees that it would
present its findings, conclusions and recommendations at this Public Works Committee meeting.
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Mayor White and Dent City Council ] LID 353 Board of Equalization Findings
April 5,2004
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