HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 09/17/2018 (2)
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works Administration at 253 -856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD rel ay service call Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Cheryl Viseth, Committee Secretary
Monday, September 17, 2018
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of September 10, 2018
Minutes
YES Chair 05 MIN.
5. City of Kent and King County
Water District #111 Water
Service Boundary Adjustment -
Recommend
YES Sean Bauer 10 MIN.
6. Info Only/KOA Property
Exchange
NO Tim LaPorte 10 MIN.
7. Info Only/Quiet Zone Update NO Chad Bieren 05 MIN.
8. Info Only/Naden Avenue
Property – Proposed LID
NO Tim LaPorte 10 MIN.
9. Adjournment Chair 01 MIN.
Page 1 of 4
Pending Approval
Public Works Committee
CC PW Special Meeting Minutes
September 10, 2018
Date: September 10, 2018
Time: 4:00 PM
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:02 PM
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Absent
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Minutes Approval
1. Approval of Minutes dated August 20, 2018
MOTION: Move to approve the Minutes dated August 20, 2018
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Fincher, Troutner
ABSENT: Higgins
4. Changes to the Agenda
No changes
5. S. 228th St. UPRR Grade Separation Project - Public Highway
Overpass Agreement with the Union Pacific Railroad - Recommend
Mark Madfai, Design Engineering Supervisor noted that the agreement with
the Union Pacific Railroad is required by the City to install the new bridge
over the Union Pacific Railroad right of way. The cost includes requirements
for construction of the bridge, removal of the at grade crossing, signal and
crossing arms as well as requirements for the contractor working on the site.
MOTION:
Move to recommend Council authorize the Mayor to sign a Public
Highway Overpass Agreement with the Union Pacific Railroad for the
South 228th Street UPRR Grade Separation Project in an amount not
to exceed $307,471.00 subject to final terms and conditions
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Public Works Committee CC PW Special Meeting
Minutes
September 10, 2018
Kent, Washington
Page 2 of 4
acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Fincher, Troutner
ABSENT: Higgins
6. Consultant Services Agreements with GeoEngineers, Inc. for S. 228th
St. Project Construction Support
Mark Madfai, Design Engineering Supervisor noted the contract with
GeoEngineers, Inc. supports the South 228th Street project by preparing
needed Geotechnical reports for the design of the bridge foundations, ground
improvements, walls, embankment fill and settlement monitoring for the
project.
MOTION:
Move to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with GeoEngineers Inc. to provide construction
support for the S. 228th St. UPRR Grade Separation Project for an
amount not to exceed $ 312,217, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Fincher, Troutner
ABSENT: Higgins
7. S. 228th St. UPRR Grade Separation – Consultant Services Agreement
with HDR for Construction Support
Mark Madfai, Design Engineering Manager noted that HDR Engineering, Inc.
will provide structural engineering services needed for the design of the
South 228th Street bridge and walls.
MOTION:
Move to recommend Council authorize the Mayor to sign a consultant
services agreement with HDR Engineering Inc. to provide
construction support in the S. 228th St. UPRR Grade Separation
Project in an amount not to exceed $122,051.64 subject to final
terms and conditions acceptable to the City Attorney and Public
Works Director.
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Public Works Committee CC PW Special Meeting
Minutes
September 10, 2018
Kent, Washington
Page 3 of 4
RESULT: RECOMMENDED TO COUNCIL [UNANIMO US]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Fincher, Troutner
ABSENT: Higgins
8. Recreation and Conservation Office (RCO) Resolution for Downey
Farmstead Project - Recommend
Mike Mactutis, Environmental Engineering Manager noted that the requested
Resolution is needed in order to apply for all grants current and future and is
required by the Recreation and Conservation Office (RCO).
MOTION:
Adopt Resolution No.________ in support of the City’s application for
grant funding assistance from the Salmon Recovery Funding Board
(SRFB) for the Downey Farmstead project.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Fincher, Troutner
ABSENT: Higgins
9. King County Cooperative Watershed Management (CWM) Grant for
the Downey Farmstead Restoration Projec
Mike Mactutis Environmental Engineering Manager noted that the city of Kent
is proposing the construction of nearly 2,000 linear feet of side channel
tributary to the Green River to provide rearing and refuge habitat for
threatened Chinook and other salmon species.
This grant agreement will fund $780,000 of the expected $4.9 million habitat
construction cost.
MOTION:
Move to recommend Council authorize the Mayor to sign a grant
agreement with King County accepting a 2018 Cooperative
Watershed Management grant in the amount of $780,000 for the
Downey Farmstead Restoration project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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Public Works Committee CC PW Special Meeting
Minutes
September 10, 2018
Kent, Washington
Page 4 of 4
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Fincher, Troutner
ABSENT: Higgins
10. Information Only/Downey Change Order
Mike Mactutis, Environmental Engineering Manager noted that the Downey
Farmstead Restoration project is currently under construction with clearing of
the site and excavation of material.
Mactutis noted that before we knew that we'd get a grant in the amount of
$780,000 from King County we bid the project which was awarded to
Scarsella Brothers, Inc. Assuming the agreement is executed this month,
staff is recommending a change order to the existing contract that would
allow them to move more material from the Downey site; advancing the
project further toward completion without having to mobilize again later.
11. Information Only – Landsburg Mine Update
Mike Mactutis, Environmental Engineering Manager gave a brief update on
the Landsburg Mine and where we are to date with the Department of
Ecology.
12. Quiet Zone Update
Chad Bieren, Deputy Director / City Engineer gave a brief update on progress
to date on the Quiet Zone.
13. Adjournment 4:44 PM
Committee Secretary
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: September 17, 2018
TO: Public Works Committee
SUBJECT: City of Kent and King County Water District #111 Water
Service Boundary Adjustment - Recommend
MOTION:
Move to recommend Council authorize the Mayor to sign the Water Service
Area Boundary Adjustment Agreement between the City of Kent and King
County Water District No 111, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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 South King County
Coordinated Water System Plan, 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.
BUDGET IMPACT: There is no budget impact to the water utility.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. 5 EXHIBIT (PDF)
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WATER SERVICE AREA
BOUNDARY ADJUSTMENT AGREEMENT
This Water Service Area Boundary Adjustment Agreement ("Agreement") is
made and entered into by and between the City of Kent, a Washington municipal
corporation ("City"), and King County Water District 111, a Washington municipal
corporation ("District") (each individually a "Party" and collectively the "Parties") for
the purposes set forth below.
Recitals
A. The City is a non-charter code city formed and existing pursuant to
Title 35A of the Revised Code of Washington (RCW). The City owns and operates
water and sewer utility systems and provides retail water utility services to
customers located within the City's corporate and approved utility service area
boundaries.
B. The District is a water special purpose district formed and existing
pursuant to Title 57 RCW. The District owns and operates a water utility system and
provides retail water services to customers located within the District's corporate
and approved water service area boundary.
C, Portions of the District's and the City's water service area boundaries
are adjacent.
D, The City's and the District's exclusive water service area boundaries
have been established and approved pursuant to Chapter 70.116 RCW, the Public
Water System Coordination Act of L977 ("Act"). In accordance with the South King
County Coordinated Water System Plan prepared pursuant to the Act, the City and
the District have been designated the exclusive water service purveyors within their
respective authorized water service areas. The City's and 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 (DOH), King
County, and other public agencies with jurisdiction.
E, The City's and the District's exclusive water service area boundaries
need to be revised to reflect existing infrastructure installed and maintained by
either the City or the District, as the case may be, and to revise both boundaries to
conform to the edges of existing lot lines, where possible, instead of bisecting
existing lots. It is cumbersome for developers, City staff, and District staff, when a
development proposal is submitted, and the water service area boundaries split the
proposed development into separate water service areas.
Therefore, in consideration of the terms and conditions set forth herein, the
Parties agree as follows:
Water Service Area Boundary Adjustment Agreement
(between the City of Kent and King County Water District 111)
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Agreement
1. The Recitals set forth above are incorporated herein in full by this reference,
2. Water Service Area Boundary Adjustment. The water service area
boundary between the City and the District is hereby adjusted as agreed upon by
the Parties and shown in Exhibit A attached hereto and incorporated herein by this
reference, as of the Effective Date of this Agreement.
3.Dlrnnina lln¡r rma fc ñfhar Ànnrnrrrlc rnã llnr¡arnm nl-al l\lnfifi¡rtinnc The
Parties agree to amend their respective water system plans and any other required
planning or permitting documents to document, show, formalize and confirm the
adjusted exclusive water service area boundary between the Parties as provided forin this Agreement, with each regular update of those plans, permits or other
documents. Both Parties shall provide any required government notifications,
including without limitation, notifications to DOH and the King County Boundary
Review Board, However, failure to make those amendments, failure to obtain any
required plan approvals involving the service area adjustment, or failure to provide
required notifications will not affect the contractual obligations between the Parties
as provided for in this Agreement.
4. Miscellaneous
4.t Duration. This Agreement will remain in effect as a permanent
water service area boundary change between the Parties.
4.2 Indemnification. The City will defend, indemnify and hold the
District, its officers, officials, employees, agents and volunteers harmless from any
and all claims, injuries, damages, losses or suits, including all legal costs and
attorney fees, arising out of or in connection with the City's negligent performance
of this Agreement.
The District will defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of
or in connection with the District's negligent performance of this Agreement.
4.3 Non-Waiver of Breach. Either Party's failure to insist upon strict
performance of any of the covenants and agreements contained in this Agreement
or to exercise any option conferred by this Agreement in one or more instances will
not be construed to be a waiver or relinquishment of those covenants, agreements
or options.
4.4 Governing Law. Resolution of Disputes and Legal Costs. Washington
law will govern this Agreement. If the Parties are unable to settle any dispute,
difference or claim arising from this Agreement, the exclusive means of resolving
that dispute, difference or claim, will only be by filing suit under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington,
Water Service Area Boundary Adjustment Agreement
(between the City of Kent and King County Water District 111)
Page 2 of 4
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unless the Parties agree in writing to an alternative dispute resolution process. In
any claim or lawsuit for damages arising from the Parties' performance of this
Agreement, each Party will pay all its legal costs and attorney fees incurred in
defending or bringing that claim or lawsuit, including all appeals, in addition to any
other recovery or award provided by law; provided, however, nothing in this
paragraph will be construed to limit either Party's right to indemnification under
subsection 4.2.
4.5 Assignment or Modification. Assignment, waiver, alteration, or
modification of all or part of this Agreement will not be binding on the Parties unless
in writing and signed by a duly authorized representative of each Party.
4.6 Entire Agreement, The written provisions and terms of this Agreement
supersede all prior verbal statements of any officers or other representatives, and
those statements will not be construed as part of this agreement.
4.7 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall constitute an original, and all of which together
will constitute one agreement.
4.8 Authority. The Parties represent and warrant this Agreement has
been duly approved and authorized by their respective legislative authorities, that
each Party has full power and authority to enter into this Agreement and to carry
out the actions required of them in this Agreement, and all persons signing this
Agreement in a representative capacity represent and warrant they have the full
power and authority to bind their respective municipal entities.
5. Effective Date. This Agreement will take effect on the last date entered
below ("Effective Date").
The City of Kent King County Water District 111
By Vltu¡*rn c-llÀrl-
Date:Date
APPROVED AS TO FORM:
KENT LAW DEPARTMENT
Water Service Area Boundary Adjustment Agreement
(between the City of Kent and King County Water Distr¡ct 111)
Page 3 oÍ 4
By
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EXHIBIT A
DEPICTION OF MODIFIED EXCLUSIVE RETAIL WATER SERVICE AREA BOUNDARIES
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: September 17, 2018
TO: Public Works Committee
SUBJECT: Information Only/KOA Property Exchange
SUMMARY: Earlier this year Council authorized an Interlocal Agreement with the
King County Flood Control District (Flood District) which provides that the Flood
District will set back and rebuild the right bank levee along the Green River (looking
downstream) from Veterans Drive to 212th Street. This levee is called the Lower
Russell Levee.
To accomplish this levee setback, the City, on behalf of the Flood District, agreed to
acquire a portion of the KOA campground along 212th Street and to acquire
property known as the Suh property. The Suh property is vacant and has been
acquired.
The KOA proposal is to allow reconstruction of camping sites on city owned property
immediately south of the KOA parcel. This city property is part of the Green River
Natural Resource Area (GRNRA). This arrangement minimizes damages to the KOA
site. The GRNRA is recompensed by acquisition of the Suh property.
Details of the proposed KOA transaction process will be discussed with the
Committee.
BUDGET IMPACT: The transaction costs will be reimbursed by the King County
Flood Control District.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
6
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: September 17, 2018
TO: Public Works Committee
SUBJECT: Info Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zone.
• The Notices of Intent (NOI) to establish quiet zones on the UPRR railroad was
sent on September 10, 2018.
• Both the BNSF and UPRR NOIs are in their 60-day comment periods. The
BNSF comment period ends on October 17, 2018. The UPRR comment
period ends on November 10, 2018.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
7
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: September 17, 2018
TO: Public Works Committee
SUBJECT: Information Only/Naden Avenue Property – Proposed Local
Improvement District (LID)
SUMMARY: Some time ago the city decided to surplus the property known as the
Naden Avenue property. The property is highly visible, adjacent to Willis Street
(SR516) and SR167.
A significant milestone was reached when, after15 years, the WSDOT agreed to
allow a break in the SR 516 limited access at 74th Avenue. This additional access
point enables the property to be more marketable for development.
Bill Ellis in the Planning and Economic Development Department has been actively
looking for potential developers to place a hotel and office uses on the property.
Any of these uses would require an investment in infrastructure to facilitate the
development plan including the new Naden avenue, undergrounding of power,
installation of water mains for fire flow, sanitary sewer extensions and storm
drainage systems. To accommodate this infrastructure the city has been
contemplating two options. One option is to pursue a payback arrangement. In this
arrangement council action will be needed to place a “overlay development plan” on
the property which would in effect dictate how the road would be configured
including the right in/right out.
The second option is to form a Local Improvement District (LID) which would
include three undeveloped tracts, two owned by the city and one in private
ownership. Staff will discuss details of both options with the Committee.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
8
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