Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
COW 2013-10-14 COMPLETE AGENDA PACKET
c 40 Tukwila City Council Agenda vi 0 • COMMITTEE OF THE WHOLE ❖ Jim Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson -9 David Cline, City Administrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Monday, October 14, 2013, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATION Pilot Parking Program at Tukwila Light Rail Station. Sound Transit staff Chelsea Levy, Government and Community Relations Officer; Rachel Wilch, Associate Planner; Michael Miller, Customer Facilities and Accessible Services Manager. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 4. SPECIAL ISSUES a. An ordinance updating the Tukwila Municipal Code regarding the Parks Commission. b. An ordinance amending the Comprehensive Plan. *Please bring your Comprehensive P /an Binders* c. An ordinance regarding Council compensation. d. An ordinance granting a non - exclusive franchise to Electric Lightwave, LLC. e. Discussion on final acceptance of the Southcenter Parkway Extension Project. f. A State Regional Mobility Grant for the Tukwila Urban Center (TUC) Pedestrian Bridge. Pg.1 Pg.15 Pg.25 Pg.35 Pg.59 Pg.75 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Meetin,gDate Prepared by Major's review -7 Council review 10/14/13 al Commission IL)t'l 10/21/13 DJ P Resolution Mtg Date Bid d Award Mtg Date _Public Heating Mtg Date Other !Wig Date CATEGORY Discussion 2 Ordinance Mtg Date Mtg Date 10/21/13 SPONSOR Council Mayor P HR ii DCD E Finance fl Fire 1— IT Z P&R Police — PIVi SPONSOR'S The Park Commission governance structure (TMC 2.32) was last updated in 1977. Staff SUMMARY have met with current Park Commission and present an update for consideration. The Council is being asked to consider and approve the ordinance. ITEM INFORMATION ITEM No. 4.A. 1 STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 10/14/13 AGENDA ITEM TITLE An ordinance updating the TMC for the Park Commission 10/14/13 Mtg Motion Date P Resolution Mtg Date Bid d Award Mtg Date _Public Heating Mtg Date Other !Wig Date CATEGORY Discussion 2 Ordinance Mtg Date Mtg Date 10/21/13 SPONSOR Council Mayor P HR ii DCD E Finance fl Fire 1— IT Z P&R Police — PIVi SPONSOR'S The Park Commission governance structure (TMC 2.32) was last updated in 1977. Staff SUMMARY have met with current Park Commission and present an update for consideration. The Council is being asked to consider and approve the ordinance. REVIEWED BY E cow Mtg. P Utilities Cmte DATE: 9/23/13 M CA&P Cmte 7 F&S Cmte L Transportation Cmte Parks Comm. Planning Comm. COMMITTEE CHAIR: EKBERG P Arts Comm. RECOMMENDATIONS: SPoNsoR/ADmIN. COMMITTEE Parks and Recreation Department Unanimous approval; forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments. MTG. DATE RECORD OF COUNCIL ACTION 10/14/13 MTG. DATE ATTACHMENTS 1014/13 Informational Memorandum dated 9/18/13 Draft Ordinance in strikethrough form Park Commission Minutes Minutes from the Community Affairs and Parks Committee meeting of 9/23/13 10/6/13 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Dave Johnson, Recreation Superintendent DATE: September 18, 2013 SUBJECT: Updating TMC for the Parks Commission ISSUE An ordinance updating the Tukwila Municipal Code (TMC) for the Park Commission. BACKGROUND The Park Commission was originally established by Ordinance #370 in 1962 and further amended in 1975 and 1977. Parks and Recreation was originally housed under the Office of Community Development, and in 1980 became its own Department under Ordinance #1198. The Park Commission governance has not been updated since that time. DISCUSSION In the 36 years since TMC 2.23 (Park Commission) was last updated in 1977, there have been a number of changes in Tukwila, and this proposed update reflects those changes including the formation of the Parks and Recreation Department; policies and procedures implemented with regard to instructor services and park reservations; quorum and record-keeping standards. This proposed update also incorporates recent interest in Tukwila and regionally to increase youth "Voice" by having Student Representation on the Commission. The current Park Commission has met, reviewed, and recommends approval of the proposed changes. RECOMMENDATION Review and forward proposed changes to TMC 2.32 to the Committee of the Whole (10/14/13) and Regular Meeting (10/21/13) for consideration and approval. ATTACHMENTS — Draft Ordinance — Parks Commission Minutes 3 4 FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1018, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.32; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.32, "PARK COMMISSION," TO UPDATE AND ESTABLISH REGULATIONS REGARDING MEMBERSHIP, FUNCTION, OBJECTIVES, AND MEETINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila, Washington, finds that it is in the public interest, good and welfare to have a citizen advisory board for parks and recreation services in Tukwila; and WHEREAS, the citizens of the City of Tukwila are supportive in sustaining parks and recreation facilities and programs with the City; and WHEREAS, revisions to the membership structure, function and objectives as currently established are necessary, and a new section on meetings is needed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.32 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.32 is hereby reenacted to read as follows: CHAPTER 2.32 PARK COMMISSION Sections: 2.32.010 Park Commission Created 2.32.020 Membership 2.32.030 Term of Office 2.32.040 Function and Objectives 2.32.050 Officers — Meetings — Quorum W: Word Processing \Ordinances\Park Commission-re-enact TMC 2.32 strike-thru 8-6-13 DJ:bjs Page 1 of 5 5 Section 2. TMC Section 2.32.010 is hereby reenacted to read as follows: 2.32.010 Park Commission Created There is created in and for the City a park board to be known as the "City of Tukwila Park Commission." Section 3. TMC Section 2.32.020 is hereby reenacted to read as follows: 2.32.020 Membership A. The Park Commission shall consist of five individuals, residents of the City, who shall be appointed by the Mayor with the-c-on-se-n-t-ef-confirmation by the City Council. Of the five commissioners, one shall be a senior citizen. B. Student representation. In addition to the appointed positions, the Commission will recruit student representation to participate on the Commission. A student will be selected during their junior year and be expected to participate through their graduation. A student representative shall be a high school student who resides in the City of Tukwila. Section 4. TMC Section 2.32.030 is hereby reenacted to read as follows: 2.32.030 Term of Office A. Term of office. 1. The term of office for the members of the Tukwila Park Commission shall be three years, provided however, that in order that the fewest terms expire in any one year, all of the current terms of existing appointed members shall expire on March 31 of the year set forth below for each respective position number as follows: Position Number 1 shall expire March 31, 2016 Position Number 2 shall expire March 31, 2015 Position Number 3 shall expire March 31, 2014 Position Number 4 shall expire March 31, 2015 Position Number 5 shall expire March 31, 2014 2. After the expiration of the current terms for the existing Commission members, each term thereafter shall be for a period of three years. B. Vacancies. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill only the unexpired portion of said term. W: Word Processing\Ordinances\Park Commission-re-enact TMC 2.32 strike-thru 8-6-13 DJ:bjs 6 Page 2 of 5 Section 5. TMC Section 2.32.040 is hereby reenacted to read as follows: 2.32.040 Duties Function and Objectives A. Function. The Park Commission shall serve in an advisory capacity to the Mayor and City Council for the City of Tukwila. B. Objectives: The objectives of the Commission shall be: 1. , and as such shall submitTo submit recommendations to the City Council any recommendations it may have regarding the on the acquisition, development, expansion and operation of parks and recreational facilities and programs in the City. In 2. To advocate for healthy and active lifestyles and promote the quality of life that is provided through the programs and actions of the City's Parks and Recreation Department. 3. To e - recommend policy and standards for the construction, development, maintenance and operations, gity—limits, of parks, playfields and recreation grounds belonging to or leased by the City. This includes community buildings as designated by the Tukwila City Council and improvements of such buildings. * sa. 4. To make recommendations on ornamentation of all parks and designated community buildings, and to control seasonal and other temporary decoration or ornamentation of street lights and standards. 5. To make recommendations for approval or rejection of any contract in writing recreational programs; 65. To recommend to the City Council for adoption by ordinance rules and regulations for the use and management of any municipally-owned or controlled park or recreational facility. Publication of rules or changes in rules shall be in such manner as the City Council shall direct. Rules and regulations so adopted shall be enforced by the Police Department of the City. 6. To recommend names for parks in the City to the City Council for consideration, as per City of Tukwila resolution. W: Word Processing \Ordinances\Park Commission-re-enact TMC 2.32 strike-thru 8-6-13 DJ:bjs Page 3 of 5 7 ,_a*aa City Council a comprehensive parks and recreation program. The City Council shall Section 6. TMC Section 2.32.050 is hereby reenacted to read as follows: 2.32.050 Officers — Meetings — Quorum A. Members of the Commission shall meet and organize by electing, from their membership, a chairperson and a vice-chairperson. The Parks and Recreation Director (or designee) shall act as the liaison to the Commission. B. The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall chair the meeting. If neither the chair nor the vice-chair is present, a member chosen by agreement of the attending members shall act as chairperson. C. A majority of the members of the Commission shall constitute a quorum for the transaction of business. D. The Commission shall set its own meeting dates and shall give notice of such meeting in compliance with the Open Public Meetings Act of the State of Washington, as it now exists and as it may be amended from time to time. E. In order to ensure that a proper record is kept, staff shall compose written minutes of all meetings of the Commission. All documents and items that go before the Commission shall be part of the legislative record. Section 7. Repealer. Ordinance No. 1018 is hereby repealed. Section 8. 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; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Park Commission-re-enact TMC 2.32 strike-thru 8-6-13 DJ:bjs 8 Page 4 of 5 Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Park Commission-re-enact TMC 2.32 strike-thru 8-6-13 DJ:bjs Page 5 of 5 9 10 TU IL A PARKS & RECREATION PARKS �°���������V��MJ �r�:vm.� ����|�:/�//~��v/��/a MINUTES u�nuu���uu~~� February 20, 2013 5:30pm Tukwila Community Center Call to Order: Parks Committee Chairperson Sean Albert called the meeting to order at 5:30pm. Attendance: Commissioners — Sean Albert, Don Scanlon, Joanne McManus, Alice Russell, Scott Kruize Staff — Dave]ohnson Scott Kruize left at6:00pm. Approval of Minutes: Scott Kruize moved to approve the Minutes of the January 16, 2013 meeting. Joanne McManus seconded the motion, and the motion passed unanimously. Citizen Comment: no citizen comment Business Items A. PnoiectUpdate — DaveJohnsonbrieMyrevievvedtheP ject Update with the Commissioners, and noted that most of the work is being done at the Pool. B. Tukwila Tree & Environment Advisory Committee Update — Don Scanlon and Sean Albert reported that most of the work to this point has been researching policy and old codes, trying to understand and streamline language, and really more procedural in nature. They are excited to begin work on trees. Don provided a link to the Committee's materials that is on the City website — www.tukwilawa.gov/dcd/treepolicy.html C. Transportation Solution Letter - The Commissioners signed a letter to the Mayor to express their support for exploring transportation solutions to increase access for community members to get to the Community Center and other Recreation facilities throughout Tukwila. The Commissioners discussed their support and importance of finding solutions. Dave indicated that the letter would be delivered to the Mayor and a copy to the Council President. The Commissioners are hopeful that the Mayor shares the letter during an upcoming Council meeting. D. "Clean Parks" Initiative — Dave Johnson informed the Commissioners that staff are meeting on Thursday to work on the details of the initiative, At a minimum, staff are exploring an education piece in the schools followed by a Park Clean-up at a park located near the school to engage the kids and their families. Additionally, placing some temporary signage in some of the challenging areas, including a Trail Clean-up as part of the Green River Trail re-opening on June 1, and having monthly Clean-up events that rotate through different parks. E. PROS Plan Update — Dave Johnson informed the Commissioners that the agreement for the PROS Plan is going through the Council process. Dave briefly reviewed the Scope of Work and recommended that the Parks Commission serve as host for the community workshops. F. Department Update — Recreation staff are busy on summer planning and brochure development. The Washington Recreation & Park Association Mid-Year Conference will be held at Tukw |a Community Center on October 23, 20I3. Due to the rain, it's difficult to mow, so parks and golf crews are busy edging, top dressing, hedging, mulching and dealing with graffiti. Exploring ways to expand the Recreation Scholarship Program to be able to broaden and deepen the program by increasing our "back- up" *G 12 TMC Review — Commissioners asked for some history about the Parks Commission. Dave Johnson shared that the current Tukwila Municipal Code for the Parks Commission was adopted in 1977. At the time, Parks and Recreation was under the Department of Community Development and was staffed by a Recreation Supervisor and maybe a part -time person. 36 years later, things are much different and it seems like a good time to review the role of the Parks Commission to make it relevant for today. The Commissioners asked for information on other Park Commission models. Dave indicated that he would send out some links via email and suggested that the Commissioners review the information and be prepared with some thoughts at the next meeting. Staff can take the thoughts and work through the appropriate language. Other A. City Strategic Plan — Copies of the Strategic Plan were distributed to the Commissioners. B. Dr. Seuss Night — The Commissioners expressed interest in having a table at this event to connect and reach out to the community. Suggested activities include coloring contest and /or drawing. Dave indicated that he would put something together and send out a email reminder. Adjournment: Don Scanlon moved to adjourn at 6:30pm. The motion was seconded by Alice Russell and the motion passed unanimously. Next Meeting: Wednesday, March 20, 2013 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes September 23, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De' Sean Quinn and Kate Kruller Staff: Evie Boykan, Dave Johnson, Jack Pace, Nora Gierloff, Courtney Johnson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:11 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement: Minor Home Repair Program Staff is seeking Council approval for the Mayor to sign an Interlocal Agreement (ILA) between the Cities of SeaTac, Des Moines, Covington and Tukwila to coincide with the beginning of the 2013 contract cycle for the Minor Home Repair Program. Rather than amending the existing agreement, it was determined that a new agreement should be developed due to the number of recommended amendments. The new agreement provides a termination clause and assures that the ILA will self -renew as long as funding is provided by King County Community Development Block Grant program. Also of note is that the new ILA details how funds could shift if a participant City is unable to spend its allotted portion. UNANIMOUS APPROVAL. FORWARD TO THE OCTOBER 7 REGULAR CONSENT AGENDA. B. Ordinance: Updating Tukwila Municipal Code for Park Commission Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 2.32 — Park Commission to modernize the Commission's governance in alignment with current practices. Among the changes of note are policies and procedures relating to instructor services and park reservations, standards relating to quorums and record - keeping, and the addition of a student representative position. The Park Commission unanimously recommended approval of the proposed amendments at its June 19 meeting, minutes of which were distributed at the Committee table. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE FOR DISCUSSION. C. Ordinance: Amendment to Tukwila Municipal Code Title 19 - Sign Code Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 19.20.050.A to permit businesses in the Manufacturing Industrial Center /Heavy (MIC /H) zone to have larger flush - mounted wall signs. At its August 26 meeting, the Committee received a briefing on this issue and supported the drafting of an ordinance to reflect this change, which addresses the needs of businesses occupying massive buildings in one zone only. Per previous Committee request, staff inquired and Boeing confirmed there was no need for smaller signage above its entrances. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 23 COMMITTEE OF THE WHOLE FOR DISCUSSION. 13 14 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mg ors re ell, Council review 08/12/13 RF CATEGORY Discussion Mtg Date8 -1 21 10-14 K ii 10/14/13 RF El Bid Award Mtg Date i 10/21/13 RF Mtg Date 08/12/13 SPONSOR E Counci l LI Mayor E HR [1] DCD Finance Fire I— IT E P&R E. Police PW SPONSOR'S Tukwila is reviewing and updating its Comprehensive Plan as required by the Growth SUMMARY Management Act. The update is being done in phases over several years, to be completed before the June 30, 2015 deadline. In 2013, the Capital Facilities, Utilities, Transportation, Southcenter/Urban Center, Natural Environment and Shoreline (narrative) elements are being considered. The City Council has held a public hearing and work sessions and is being asked to review the ordinance and take action at the 10/21 Regular Meeting. REVIEWED BY E COW Mtg. E CA&P Cmte 11 F&S Cmte r Transportation Cmte Utilities Cmte E Arts Comm. E Parks Comm. E Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development ITEM INFORMATION ITEM No. 4.B. 15 STAFF SPONSOR: JACK PACE ORIGINAL AGENDA DATE: 8/12/13 AGENDA ITEM TITLE An ordinance amending the Tukwila Comprehensive Plan requirements of the Growth Management Act, per RCW 36.70A.130. in compliance with the CATEGORY Discussion Mtg Date8 -1 21 10-14 E Motion Mtg Date — Resolution Mtg Date Ordinance El Bid Award Mtg Date Public Hearing —I Other Mtg Date Mtg Date 10/21/13 Mtg Date 08/12/13 SPONSOR E Counci l LI Mayor E HR [1] DCD Finance Fire I— IT E P&R E. Police PW SPONSOR'S Tukwila is reviewing and updating its Comprehensive Plan as required by the Growth SUMMARY Management Act. The update is being done in phases over several years, to be completed before the June 30, 2015 deadline. In 2013, the Capital Facilities, Utilities, Transportation, Southcenter/Urban Center, Natural Environment and Shoreline (narrative) elements are being considered. The City Council has held a public hearing and work sessions and is being asked to review the ordinance and take action at the 10/21 Regular Meeting. REVIEWED BY E COW Mtg. E CA&P Cmte 11 F&S Cmte r Transportation Cmte Utilities Cmte E Arts Comm. E Parks Comm. E Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development work Sessions were conducted on 7/30, 7/31, 9/9, and 9/19 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/12/13 Forward to Special Work Session 08/14/13 MTG. DATE ATTACHMENTS 08/12/13 Informational Memorandum dated 08/05/13 Ordinance in Draft form 10/14/13 Informational Memorandum dated 10/4/13 Ordinance in draft form, with Exhibits (Exhibits also available in Digital Records Center) *PLEASE BRING YOUR COMPREHENSIVE PLAN BINDER* 10/21/13 15 16 T[): City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U�n�������U� un�n ��n`unmn��u n��n��n�~ n�x�~n�n��x�»~�n�����n�n Mayor Haggerton Committee of the Whole FROM: Jack Pace, Director Department of Community Development BY: Rebecca Fox, Senior Planner DATE: October 4, 2013 SUBJECT: Comprehensive Plan Update ISSUE The City of Tukwila is reviewing and updating its Comprehensive Plan as required by the Washington Growth Management Act (ROW 38.7OA.130(1)). The City Council has reviewed the elements to be considered in 2013' and is ready to take action on its recommendations. BACKGROUND The City of Tukwila's Comprehensive Plan, adopted in 1995, guides the community as it grows and changes over time. Its policies and land use map lay out the community's 20 year vision. The Washington State Growth Management Act (GMA) allows Tukwila to amend the Comprehensive Plan once a year in a multi-month process that involves the City Council and Planning Commission. There are opportunities for public comment at each stage. In addition to annual amendments, the state Growth Management Act (GMA) requires Tukwila to conduct a thorough review of its plan and development regulations every seven to ten years. The last required update was completed in 2004. The current update is due by June 30, 2015. Tukwila is preparing the required review and update over several years. Updates to the Manufacturing/Industrial Center element, and the goals and policies in the Shoreline element were completed in 2011. On March 18, 2013, the City Council adopted Resolution # 1792' containing a schedule, work plan and public participation program to guide the remaining Comprehensive Plan update work through the June 30, 2015 deadline. The City Council referred the 2013 portion of the update work to the Planning Commission for review and recommendation. This includes: 1) Utilities; 2) Capital Facilities; 3) Transportation; 4) Natural Environment; 5) Southcenter/Tukwila Urban Center; and 6) Shoreline (narrative only). Per the adopted work plan, the elements to be considered during 2014 through June, 2015 are: 1) Community Image; 2) Economic Development; 3) Housing; 4) Annexation (as required); 5) Residential Neighborhoods; 6)Transportation Corridors; 7) Tukwila South; 8) Roles and Responsibilities; and 9) Maintenance of the Plan. 18 INFORMATIONAL MEMO Page 2 Adopting public participation and work programs ensure that public is aware of the process and knows how they can participate in the Comprehensive Plan update. Public participation activities will not be uniform, but instead will be tailored to the characteristics of individual elements. Tukwila's Comprehensive Plan update includes: • Core goals and objectives maintained from the current Plan; More information about how our Comprehensive Plan relates to changes in the Washington Growth Management Act, and regional plans (i.e. Vision 2040, Countywide Planning Policies, regional growth targets); • Tukwila Strategic Plan's vision and goals reflected and incorporated into the Comprehensive Plan; • Policies and descriptions updated, and edited as needed to increase clarity and consistency throughout the document; • Plan format updated for clear language and easier use; • Elements may be reorganized or consolidated for greater readability and conciseness. DISCUSSION Public Participation: Per the adopted public participation plan, staff used a variety of methods to inform and engage the community about the 2013 portion of the Comprehensive Plan update. On March 27, 2013 a public open house was held at the Tukwila Community Center to share the Comprehensive Plan update process and key background issues, and to learn specific concerns or interests. A postcard announcing the Update and the open house was sent to all Tukwila addresses. The postcard was translated into Somali and Spanish, and placed at public gathering spots around the community. A Tukwila Comprehensive Plan update web page includes information about meetings and hearings. Articles have been printed regularly in the "Tukwila Reporter" and "Hazelnut." All Planning Commission and City Council work sessions and hearings were duly noticed for the public. Staff participated in several Parks Department events attended by a range of community members. Staff discussed the Comprehensive Plan with Tukwila youth at the Teen Kickoff at Foster High School on June 18, 2013. Staff represented the Comprehensive Plan update at the "Touch a Truck" event at Foster High School on July 27, 2013, and at a Peanut Butter and Jam lunchtime concert at the Tukwila Community Center on August 6, 2013. The upcoming Community Liaison/Community Connectors pilot project will engage varied underrepresented communities in the Tukwila International Boulevard area in discussion of housing and economic development issues for the Comprehensive Plan update. A similar variety of strategies is anticipated for the remaining elements during 2014-2015. Planning Commission and City Council Review: From April through June, 2013, the Planning Commission held duly-noticed work sessions and hearings on the 2013 portion of the update. The City Council and Planning Commission met with the Tree Committee for a joint work session on June 25, 2013. The Planning Commission forwarded its recommendations to the City Council for public hearing and final action. The City Council held work sessions on the Planning Commission's RF Z:\DCD n Clerk's\CC Comp Plan--October 14, 2013 \10.14.13--COW-- Memo .doc INFORMATIONAL MEMO Page 3 recommendations on July 30 and 31, 2013, and September 9 and 19, 2013. The City Council's recommendations have been incorporated in the Comprehensive Plan document to be adopted. REQUESTED ACTION The City Council is requested to forward the issue to its Regular Meeting on October 21, 2013 and take final action to approve the 2013 portion of the 2015 Comprehensive Plan update. Attachment: Ordinance with Exhibits A-F ++PLEASE BRING YOUR COMPREHENSIVE PLAN NOTEBOOKS TO INSERT UPDATED MATERIALS++ RF Z:\DCD n Clerk's\CC Comp Plan--October 14, 2013 \10.14.13—COW-- Memo .doc 19 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CITY OF TUKWILA COMPREHENSIVE PLAN IN COMPLIANCE WITH THE REQUIREMENTS OF THE GROWTH MANAGEMENT ACT, PER RCW 36.70A.130; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is required to plan under RCW 36.70A.040; and WHEREAS, every seven years, RCW 36.70A.130(1) requires the City of Tukwila to take legislative action to review and, if needed, revise its Comprehensive Plan and development regulations, including its policies and regulations designating and conserving natural resource lands and designating and protecting critical areas to comply with the requirements in Chapter 36.70A RCW; and WHEREAS, under the schedule established in RCW 36.70A.130(5)(a), the deadline for the City of Tukwila to comply with the update required by RCW 36.70A.130(1) is June 30, 2015; and WHEREAS, per RCW 36.70A.130, amendments to the Comprehensive Plan shall not be considered more frequently than once every year, except in cases of emergency or to amend the Shoreline Master Program; and WHEREAS, the City of Tukwila is conducting its required update per RCW 36.70A.130(5)(a) in phases over several years; and WHEREAS, during 2013 the City of Tukwila reviewed and updated the Transportation, Capital Facilities, Utilities, Natural Environment, and Southcenter/ Tukwila Urban Center Elements, and the narrative portion of the Shoreline Element; and WHEREAS, during 2014, the City of Tukwila will review and update as necessary the Transportation Corridors, Residential Neighborhoods, Tukwila South, Housing, Community Image, Economic Development, Annexation and Roles and Responsibilities Elements; and WHEREAS, prior to June 30, 2015, all necessary review and updating will be completed; and W: Word Processing \Ordinances\Gomp Plan amendments 7-22-13 NG:bjs Page 1 of 4 21 WHEREAS, all recommended amendments have been found to be consistent with each other and to conform overall to the Comprehensive Plan's provisions through the current planning period; and WHEREAS, the Growth Management Act requires each jurisdiction to establish public participation procedures, whereby amendments and updates to the Comprehen- sive Plan are considered by the City of Tukwila (RCW 36.70A.130(2); and WHEREAS, on March 18, 2013, the City of Tukwila passed Resolution No. 1792 adopting a Work Plan and Public Participation Program for updating the Comprehensive Plan and development regulations during 2013 through 2015, consistent with RCW 36.70A.035; and WHEREAS, during the Comprehensive Plan and development regulations review and update process, the City of Tukwila solicited public input and publicized the update efforts through special direct mailings and emails, and articles in "The Hazelnut" community newsletter, the "Tukwila Reporter" and on the City's website per the adopted Public Participation Program; and WHEREAS, the City of Tukwila has followed its adopted Public Participation Program, and duly noticed and held an open house, public meetings, work sessions, and public hearings, and participated in community-wide events to solicit input from the community; and WHEREAS, a Tukwila Tree and Environment Advisory Committee composed of citizens, business representatives, environmental professionals and City officials met from September 2012 through May 2013 to analyze the Natural Environment Element of the Comprehensive Plan for consistency with the requirements of Chapter 36.70A RCW and Tukwila's vision for its natural areas, and the Committee's recommended revisions were forwarded to the Tukwila Planning Commission for review; and WHEREAS, the City has evaluated the Comprehensive Plan for consistency with best available science and has cited the best available science resources in the Natural Environment Element Background Report for wetlands, watercourses and fish and wildlife habitat areas and incorporated best available science into revised goals and policies; and WHEREAS, on March 27, 2013, the City of Tukwila issued an addendum to the Tukwila Comprehensive Plan Environmental Impact Statement (File #E13-004, previously issued October 9, 1995, as File #L92-0053), which analyzed the potential impact of various Comprehensive Plan amendments, pursuant to SEPA (Chapter 197- 11 WAC) and the Tukwila Municipal Code, Title 21; and WHEREAS, staff prepared an analysis of the Comprehensive Plan and development regulations currently in effect in Tukwila for consistency with the requirements of Chapter 36.70A RCW and, based on this analysis, staff prepared proposed revisions it concluded are needed to comply with Chapter 36.70A RCW. This analysis and proposed revisions were reviewed by the Tukwila Planning Commission at work sessions and public hearings in April, May and June 2013; and W: Word Processing \OrdinanceskComp Plan amendments 7-22-13 NG:bjs 22 Page 2 of 4 WHEREAS, the Tukwila Planning Commission reviewed the analysis and proposed revisions prepared by staff and the Tree and Environment Advisory Committee and held public hearings on April 25, May 23 and June 27, 2013 to receive public comments on the analysis and proposed revisions. Based on its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared by staff and the Tree and Environment Advisory Committee, and the public comments received, the Planning Commission modified the analysis and proposed revisions to more fully comply with Chapter 36.70A RCW and forwarded recommended findings on review and proposed revisions to the City Council; and WHEREAS, the City of Tukwila provided the required 60-day notification of proposed amendments to the Comprehensive Plan to the Washington State Department of Commerce (DOC) under RCW 36.70A.106; and WHEREAS, on August 12, 2013, the Tukwila City Council held a duly noticed public hearing to receive public comments on the recommended changes to the Utilities, Capital Facilities, Transportation, Natural Environment, and Southcenter/Tukwila Urban Center Elements, and the narrative portion of the Shoreline Element as the 2013 portion of Tukwila's phased periodic update per RCW 36.70A.130(5); and WHEREAS, the City of Tukwila intends to complete its review and to finalize and adopt any required revisions to the remaining elements of the Comprehensive Plan not later than June 30, 2015 per RCW 36.70A.130(5); and WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared by staff, the proposed revisions forwarded by the Planning Commission, and the public comments received, the City Council finds and declares that the review and needed revisions have been prepared in conformance with applicable law; and WHEREAS, at the conclusion of its review and deliberations on xxxxx, the City Council approved the amendments to the Comprehensive Plan as shown in the attached Exhibits A through F, hereby incorporated by this reference; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The Transportation Element of the City of Tukwila Comprehensive Plan is hereby amended as shown in Exhibit A. Section 2. The Utilities Element of the City of Tukwila Comprehensive Plan is hereby amended as shown in Exhibit B. Section 3. The Capital Facilities Element of the City of Tukwila Comprehensive Plan is hereby amended as shown in Exhibit C. Section 4. The Southcenter/Tukwila Urban Center Element of the City of Tukwila Comprehensive Plan is hereby amended as shown in Exhibit D. W: Word Processing \Ordinances\Comp Plan amendments 7-22-13 NG:bjs Page 3 of 4 23 Section 5. The Natural Environment Element of the City of Tukwila Comprehen- sive Plan is hereby amended as shown in Exhibit E. Section 6. The Shoreline Element of the City of Tukwila Comprehensive Plan is hereby amended as shown in Exhibit F. Section 7. 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; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Transportation Element Exhibit B — Utilities Element Exhibit C — Capital Facilities Element Exhibit D — SouthcenterfTukwila Urban Center Element Exhibit E — Natural Environment Element Exhibit F — Shoreline Element W: Word Processing\Ordinances\Comp Plan amendments 7-22-13 NG:bjs 24 Page 4 of 4 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma 's review Council review tql+ 10/14/13 LH of 10/21/13 LH E Motion Mtg Date E Resolution Mtg Date Z Ordinance Mtg Date 10/21/13 — Bid Award Mg Date fl Public Hearing Mtg Date • Other Mtg Date Mtg Date ITEM INFORMATION ITEM No. 4.C. 25 STAFF SPONSOR: COUNCILMEMBER ROBERTSON ORIGINAL AGENDA DATE: 10/14/13 AGENDA ITEM TITLE An ordinance amending Tukwila Municipal Code compensation for Councilmembers through 2.05.010 2017. to fix the amount of CATEGORY IA Discussion 10/14/13 E Motion Mtg Date E Resolution Mtg Date Z Ordinance Mtg Date 10/21/13 — Bid Award Mg Date fl Public Hearing Mtg Date • Other Mtg Date Mtg Date [' Mayor E HR E DCD Finance :ire E IT E P&R Police PW SPONSOR Council SPONSOR'S Councilmember compensation has not increased since 2005, despite inflation rates as well SUMMARY as an increased time commitment required for serving in the position. This proposed ordinance would amend Tukwila Municipal Chapter 2.05 to increase the amount of monthly compensation from $1,050 to $1,250 per month. REVIEWED BY 0 COW Mtg. E CA&P Cmte Z F&S Cmte r Transportation Cmte Utilities Cmte Arts Comm. r Parks Comm. T Planning Comm. DATE: 10/8/13 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Councilmember Robertson Unanimous approval; forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $9600 (2014) $N/A $N/A Fund Source: SALARIES AND WAGES Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/14/13 MTG. DATE ATTACHMENTS 10/14/13 Informational Memorandum dated 9/23/13 Draft Ordinance Minutes from the Finance and Safety Committee of 10/8/13 10/21/13 25 26 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Dennis Robertson, Finance and Safety Committee Chair DATE: September 23, 2013 SUBJECT: Ordinance relating to Council Compensation ISSUE The Committee will consider a proposed ordinance that would amend Tukwila Municipal Chapter 2.05 to increase the amount of monthly compensation from $1,050 to $1,250 per month. BACKGROUND The monthly stipend received by Councilmembers as compensation for performing their duties has remained the same since 2005, pursuant to an ordinance that was passed in 2001. Since 2005, the cost of living as measured by the Seattle-Tacoma-Bremerton Consumer Price Index has risen by 19.2%. The Committee first discussed this issue on September 17, and in that meeting expressed interest in further review of a possible increase to the amount of compensation for Councilmembers based upon an increased time commitment required to perform Councilmember duties as well as the rise in the cost of living. DISCUSSION Committee members will review and discuss a proposal to increase Council compensation by 19%, which is commensurate with the increase to the cost of living between 2005 and 2012. The ordinance does not propose automatic increases in the future, but instead includes language that the stipend may be reviewed by the Council if it again falls significantly behind the cost of living increase rate. The Committee also acknowledges that the time commitment involved in being a Tukwila City Councilmember has increased substantially in the years since the compensation rate was last increased. Attendance is required at numerous ongoing meetings and events, including: Regular Council Meetings (two per month), Committee of the Whole Council Meetings (two per month), and Committee meetings (four per month). Councilmembers also attend Council work sessions; individual Councilmember work sessions with City staff; community outreach events/Council Chats; review vouchers (4 times per year); regional association meetings; special issue task forces; trainings; and more. It is not unusual for a Councilmember to attend three or more formal meetings per week, each meeting often longer than two hours, with meeting preparation time averaging more than one hour per hour of meeting. RECOMMENDATION Review of the draft ordinance that would repeal the current Ordinance 2357 to establish new compensation levels. If the Committee recommends Council adoption of the draft ordinance, the item will be forwarded to the October 14 Committee of the Whole for full Council discussion. ATTACHMENTS Draft Council compensation ordinance. 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 2.05.010 TO FIX THE AMOUNT OF COMPENSATION FOR COUNCILMEMBERS FOR YEARS 2014 THROUGH 2017; REPEALING ORDINANCE NO. 2357; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2357 retained City Council compensation levels for the years 2012 through 2015, as previously carried over by Ordinance No. 2192 (adopted in 2007) and Ordinance No. 2023 (adopted in 2003); and WHEREAS, Councilmembers have not received an increase in compensation since 2005, as set by Ordinance No. 1956 in 2001; and WHEREAS, the cost of living as measured by the Seattle-Tacoma-Bremerton Consumer Price Index (CPI-U) has risen by 19.2% since 2005; and WHEREAS, the City Council recognizes that the position of Councilmember has continued to evolve with ever-increasing duties and time requirements; and WHEREAS, RCW 35A.12.070 states that any increase in the compensation attaching to an office shall not be applicable to the term then being served by the incumbent if such incumbent is a member of the City legislative body fixing his or her own compensation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.05 Amended. Chapter 2.05 of the Tukwila Municipal Code is hereby amended to read as follows: W: Word Processing \Ordinances\Council ember compensation strike-thru 10-9-13 LH:bjs Page 1 of 3 29 2.05.010 Council Compensation A. Monthly compensation levels. Pursuant to the provisions of RCW 35A.12.070, members of the Tukwila City Council shall receive the following monthly compensation during the years listed here according to their position and the date their term of office commences: _e B. Compensation review. At any time the Tukwila City Council compensation rate of increase falls significantly below the cost of living increase as measured by the Seattle- Tacoma - Bremerton Consumer Price Index (CPI -U), the mean of the other Valley Communication cities, Tukwila will review the stipends and may increase the City Council stipend accordingly its stipend to the level of those other cities. Section 2. Repealer. Ordinance No. 2357 is hereby repealed. Section 3. 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; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Councilmember compensation strike -thru 10 -9 -13 LH:bjs 30 Page 2 of 3 POSITIONS 1, 3, 5, 7 POSITIONS 2, 4, 6 1/1/08 12/31/11 1/1/10 — 12/31/13 1/1/12 — 12/31/15 YEAR (current term of office) (current term of office) and 1/1/14 — 12/31/17 1/1/12 12/31/15 and 1/1/16 — 12/31/19 2012 $1,050 1,250/month $1,050 /month 2014 20-1 $1,050 1,250 /month $1,050 /month -3 2015 2044 $170-5-0-1,250/month $1,0501,250 /month 2016 2015 $1,050 1,250 /month $1,050 1,250 /month 2017 _e B. Compensation review. At any time the Tukwila City Council compensation rate of increase falls significantly below the cost of living increase as measured by the Seattle- Tacoma - Bremerton Consumer Price Index (CPI -U), the mean of the other Valley Communication cities, Tukwila will review the stipends and may increase the City Council stipend accordingly its stipend to the level of those other cities. Section 2. Repealer. Ordinance No. 2357 is hereby repealed. Section 3. 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; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Councilmember compensation strike -thru 10 -9 -13 LH:bjs 30 Page 2 of 3 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Councilmember compensation strike-thru 10-9-13 LH:bjs Page 3 of 3 31 32 City of Tukwila FINANCE AND SAFETY COMMITTEE Meeting Minutes October 8, 2013 — 5:30 p.m.; Conference Room #3 PRESENT Councilmembers: Staff: Finance and Safety Committee Dennis Robertson, Chair; De' Sean Quinn and Verna Seal Stephanie Brown, Kim Gilman, Peggy McCarthy, Vicky Carlsen, Jennifer Ferrer -Santa Ines, Shelly Kerslake, Kimberly Matej, Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. E. Ordinance — Council Compensation Committee Chair Robertson presented an updated draft of an ordinance relating to an increase to Council compensation. This version incorporates direction given by the Committee at its September 17, 2013 meeting to relate the proposed increase to the rate of inflation. Committee members agreed that the time commitment involved in performing the duties of Councilmember`has dramatically increased since a pay increase was last approved. The last increase to compensation for Councilmembers took effect in 2005 (pursuant to an ordinance adopted in 2001), when it changed- to the current level of $1,050 per month. Since then, the cost of living as measured by the Seattle Tacoma Bremerton Consumer Price Index (CPI U) y proposes monthly stipend of $1,250, representing a 19.04% U has risen by The draft ordinance ro poses a increase to the current rate. Because state law prohibits Councilmembers from voting on a compensation increase for themselves during their current term, this ordinance staggers the effective date of the proposed increase so that Positions 1, 3, 5, and 7 would increase in January2014 and Positions 2, 4, and 6 would receive it when the next term begins in January 2016. ,The ordinance does not build in set periodic increases to Council compensation, but . instead allows Council to review the stipend if it again falls significantly below the measurable cost of living. The ordinance presented to the Committee of the Whole will include reference to "CPS -U" as the formula on which the percentage increase was based. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Meeting adjourned at 7:08 p.m. Next meeting.. Tuesday, October 8, 2013 — 5:30 p.m. — Conference Room #3 Committee Chair Approval Minutes by LH 33 34 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by ORIGINAL AGENDA DATE: 10/14/13 Council review 10/14/13 BG - :Giyor'Lee ic 14 10/21/13 BG ,.//t(---- Award • Public Hearth g E Other Mtg Date At Date 10/21/13 Ally Dale At Date SPONSOR C Council C Mayor 0 HR • DCD Finance Fire E IT E PeyR j Police PIV SPONSOR'S Electric Lightwave, LLC (ELI) Franchise Agreement Ordinance No. 1968 has expired. ELI is SUMMARY a telecommunications company that provides communication network services for telecom carriers and provides both long haul and metro private fiber optic line services. Council is being asked to approve the new ordinance for the renewal of the Electric Lightwave's franchise agreement for five years with an expiration date in October, 2018. REVIEWED BY ITEM INFORMATION ITEM No. 4.D. 35 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/14/13 AGENDA ITEM TITLE Ordinance Granting a Non-Exclusive Franchise Agreement Electric Lightwave, LLC with CATEGORY Discussion Mg Date 10/14/13 El Motion At Date E Resolution At Date Ordinance I Bid Award • Public Hearth g E Other Mtg Date At Date 10/21/13 Ally Dale At Date SPONSOR C Council C Mayor 0 HR • DCD Finance Fire E IT E PeyR j Police PIV SPONSOR'S Electric Lightwave, LLC (ELI) Franchise Agreement Ordinance No. 1968 has expired. ELI is SUMMARY a telecommunications company that provides communication network services for telecom carriers and provides both long haul and metro private fiber optic line services. Council is being asked to approve the new ordinance for the renewal of the Electric Lightwave's franchise agreement for five years with an expiration date in October, 2018. REVIEWED BY 7 COW Mtg. n CA&P Cmte E F&S Cmte Cmte 0 Arts Comm. E Parks Comm. COMMITTEE CHAIR: JOE El Transportation Cmte 0 Planning Comm n Utilities DATE: 10/07/13 DUFFIE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/14/13 10/21/13 MTG. DATE ATTACHMENTS 10/14/13 Informational Memorandum dated 10/04/13 Draft Ordinance with Exhibits Minutes from the Utilities Committee meeting of 10/07/13 10/21/13 35 36 TO: City of Tukwila INFORMATIONAL MEMORANDUM nn�n *.���n�nm~�n nw~*n�u�«�~ n�n�~n�nn�'n�x~�n�����n�n Mayor Haggerton Utilities Committee FROM: Bob Giberson, PW Director BY: Fmank|hmrte, Deputy PW Director DATE: October 4, 2013 SUBJECT: Electric Li0hbwave,LLC Franchise Agreement ISSUE Approval of Electric Lightwave, LLC, (ELI) Franchise Agreement. BACKGROUND On August 20, 2001, the Tukwila City Council granted Electric Lightwave LLC. (ELI) a non-exclusive franchise through Ordinance No. 1968 (Franchise Agreement) to conotnunt, maintain and operate a fiber optic cable system in the City rights-of-way. Ordinance 1968 has expired and must be renewed. ELI is a telecommunications company that provides communication network services for telecom carriers. It offers both long haul and metro private fiber optic line services which handles data transmission, wide area network connectivity and video transmission. In addition, ELI provides voice services and internet access. DISCUSSION ELI's fiber optic system in Tukwila was constructed in the late 1990's and early 2000. As depicted in Exhibit A of the Franchise Ordinance, ELI has an extensive fiber optic infrastructure system in Tukwila. ELI has expressed an interest to partner with the City and the Community Connectivity Consortium to connect to critical nodes and expand broadband capacity. The attached Franchise Agreement would allow ELI to continue operating in the City rights-of-way and facilitate construction of future fiber optic projects. FINANCIAL IMPACT Under the terms of the Franchise, ELI will be required to pay the City a $5,000 administrative fee within 30 days of franchise approval. RECOMMENDATION Council is being asked to approve the ordinance for the Electric Lightwave, LLC franchise agreement and consider this item at the October 14, 2013 Committee of the Whole and subsequent October 21, 2013 Regular Meetings. Attachment: Draft Franchise Ordinance with Exhibits A & B W:\PW nfo Memo Electric Lightwave Franchise 38 FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO ELECTRIC LIGHTWAVE, LLC, A DELAWARE STATE LIMITED LIABILITY COMPANY LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSES OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; REPEALING ORDINANCE NO. 1968; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1968, dated August 20, 2001, granted Electric Lightwave, LLC, hereinafter referred to as "ELI ", a three -year, non - exclusive franchise, which expired August 20, 2004; and WHEREAS, ELI is a telecommunications company that, among other things, provides voice, data and video services to customers, including those in the Puget Sound region; and WHEREAS, ELI's route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way are necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and W: Word Processing\Ordinances\Electric Lightwave Franchise Agreement 9 -30 -13 Fl:bjs Page 1 of 11 39 WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant, and regulate nonexclusive franchises for the use of public streets, right -of -ways, and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non - exclusive Franchise Granted. A. The City hereby grants to ELI, subject to the conditions prescribed in this ordinance ( "Franchise Agreement "), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City -owned rights -of -way generally described in Exhibit A attached hereto, and hereinafter referred to as the "Franchise Area ". B. Such Franchise shall not be deemed to be exclusive to ELI and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to ELI; provided, that such other franchises do not unreasonably interfere with ELI's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent the City from using the franchise area or affect the City's jurisdiction over such area in any way. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of five years from the effective date of this ordinance. This Franchise shall not take effect and ELI shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If ELI requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to ELI prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of ELI to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. W: Word Processing \Ordinances\Electric Lightwave Franchise Agreement 9 -3043 FI:bjs 40 Page 2 of 11 Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non - compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, ELI shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. 2. Coordination. All capital construction projects performed by ELI within the franchise area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. 3. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for ELI within the franchise area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. 4. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. Nothing in this section shall prevent the City from requiring ELI to underground cables, junction boxes, or other vaulted system components in the event of any relocation as deemed necessary by the City pursuant to subparagraph 5.d. or as otherwise permitted under this Franchise. 5. Relocation. a. Whenever the City causes a public improvement to be constructed within the Franchise Area, and such public improvement requires the relocation of ELI's facilities, the City shall provide ELI with written notice requesting such relocation along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and ELI shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. W: Word Processing \Ordinances \Electric Lightwave Franchise Agreement 9 -30 -13 Fl:bjs Page 3 of 11 41 b. To ensure timely execution of relocation requirements, ELI shall, upon written request from the City, provide at ELT's expense, base maps, current as -built information, a detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. c. ELI may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives and advise ELI in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, ELI shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by ELI full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, ELI shall, at its sole expense, relocate its facilities as otherwise specified in Section 5, subparagraph 5. d. Upon final approval of the relocation plan by the City, ELI shall, at its own expense, unless otherwise prohibited by statute, and in the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from ELT's facilities, ELI shall, upon notification from the City, respond within 24 hours to resolve the conflict. 6. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities, ELI shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by ELI may be abandoned without the express written consent of the City. 7. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, ELI shall, upon the request of the City, furnish a bond executed by ELI and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of ELI's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by ELI in the City rights -of -way. At ELT's sole option, ELI may provide W: Word Processing \Ordinances\Electric Lightwave Franchise Agreement 9 -30 -13 Fl:bjs 42 Page 4 of 11 alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that ELI shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective ELI work or materials discovered in the City's roads, streets, or property. 8. "One- Call" Location & Liability. ELI shall subscribe to and maintain membership in the regional "One- Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to ELT's system components or for interruptions in service to ELI customers which are a direct result of work performed for any City project for which ELI has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the ELI system components or for interruptions in service to ELI customers resulting from work performed under a permit issued by the City. 9. As -Built Plans Required. ELI shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current AutoCAD version prior to close -out of any permits issued by the City and any work undertaken by ELI pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. 10. Recovery of Costs. ELI shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, ELI shall pay such reasonable costs and expenses directly to the City. 11. Vacation. lf, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to ELI, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to ELI by reason of such termination other than those provided for in RCW 35.99. W: Word Processing \Ordinances \Electric Lightwave Franchise Agreement 9 -30 -13 FI :bjs Page 5 of 11 43 Section 6. Franchise Compliance. A. Franchise Violations. The failure by ELI to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City which describes the violations of the franchise and requests remedial action within 60 days of receipt of such notice. If ELI has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. B. Emergency Actions. 1. If any of ELI's actions, or any failure by ELI to act to correct a situation caused by ELI, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order ELI to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify ELI and give ELI an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. ELI shall be liable for all costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by ELI, and shall further be liable for all costs, expenses, and damages resulting to the City from such situation, and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by ELI to take appropriate action to correct a situation caused by ELI and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of Franchise terms. 2. If, during construction or maintenance of ELI's facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, ELI or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of ELT's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and /or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, ELI shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow ELI to abandon its facilities in place. W: Word Processing10rdinances\Eiectric Lightwave Franchise Agreement 9 -30 -13 FI:bjs 44 Page 6 of 11 Section 7. Insurance. A. ELI shall maintain liability insurance written on a per occurrence basis during the full term of this Franchise for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name as additional insured the City, its officers, and employees; shall apply as primary insurance with respect to claims arising from work performed by or on behalf of ELI under this Franchise Agreement; and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise. Agreement without giving 30 days written notice to ELI. Upon receipt of such notice ELI will immediately notify the City. Notice shall be by certified mail, return receipt requested to the City. C. ELI, or ELI's contractor, shall maintain pollution liability insurance during any period of construction, including installation, removal and maintenance. D. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits and Approvals. Nothing in this Franchise Agreement shall relieve ELI from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold, transferred, assigned, or otherwise encumbered without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in ELI's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this Franchise. Approval shall not be required for any transfer from ELI to another person or entity controlling, controlled by, or under common control with ELI. B. In any transfer of this Franchise which requires the approval of the City, ELI shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any administrative W: Word Processing\Ordinances\Electric Lightwave Franchise Agreement 9 -3O -13 Fl:bjs Page 7 of 11 45 costs associated with a transfer of this Franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. ELI does hereby warrant that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.04.065. B. ELI shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of the City's right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise approval. C. In the event ELI submits a request for work beyond the scope of the original franchise, or submits a complex project that requires significant comprehensive plan review or inspection, ELI shall reimburse the City for the franchise amendment and expenses associated with the project. ELI shall pay such costs within 30 days of receipt of a bill from the City. D. Failure by ELI to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or ELI shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 ELI (USA), Inc. Contract Administration 1201 NE Lloyd Blvd, Suite 500 Portland, OR 97232 with a copy to: ELI (USA), Inc. Law and Policy Department 1201 NE Lloyd Blvd, Suite 500 Portland, OR 97232 W: Word Processing\0rdinances\Electric Lightwave Franchise Agreement 9 -30 -13 FI:bjs 46 Page 8 of 11 Section 12. Indemnification. A. ELI shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities. ELI shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of ELI, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to ELI by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to ELI's obligation pursuant to this section, the City shall within a reasonable time notify ELI thereof and ELI shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand that gives rise to ELI's obligation pursuant to this section, the City shall promptly notify ELI thereof, and ELI shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, ELI may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require ELI to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between ELI and the City, ELI's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action that arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, ELI expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of ELI's officers, agents or employees. This waiver is mutually negotiated by the parties. W: Word Processing \Ordinances\Electric Lightwave Franchise Agreement 9 -30 -13 Fl:bjs Page 9 of 11 47 Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by ELI, to enforce the remaining provisions of the ordinance, ELI shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. ELI shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations, and Specifications. ELI acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to ELI, shall thereafter govern ELI's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect ELI's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to ELI and other similar user of such facilities. Section 17. Repealer. Ordinance No. 1968 is hereby repealed. Section 18. 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; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing\Ordinances\Electric Lightwave Franchise Agreement 9 -30 -13 Fl :bjs 48 Page 10 of 11 Section 19. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Description of Franchise Area and Map Exhibit B — Franchise Agreement Acceptance Form W: Word Processing\Ordinances\Electric Lightwave Franchise Agreement 9 -30 -13 Fl:bjs Page 11 of 11 49 50 Exhibit A Electric Lightwave's Franchise Area — Tukwila, WA Electric Lightwave's current franchise area is described as follows: 1. East Marginal Way South from north City limits to South Norfolk Street. 2. Norfolk Street from East Marginal Way South easterly to the intersection within the City limits. 3. East Marginal Way South from South Norfolk Street southerly to South 120th Street. 4. South 120th Street from East Marginal Way South, easterly to its terminus. 5. East Marginal Way South from South 120th Street to South 128th Street. 6. South 128th Street from East Marginal Way South easterly to 42nd Avenue South. 7. 42nd Avenue South from South 128th Street northerly to the intersection with Interurban Avenue South. 8. Interurban Avenue South from 42nd Avenue South southerly to the intersection with Gateway Drive. 9. Gateway Drive from its intersection with Interurban Avenue South east of South 133rd Street to where it again intersects with Interurban Avenue South further to the north. 10. Interurban Avenue South from the northern most intersection with Gateway Drive southerly to the intersection with Interstate 405 right -of -way. 11. Fun Center Way from its intersection with Interurban Avenue South to where it intersects with Grady Way. W: Word Processing\Ordinances\Electric Lightwave Franchise Agreement -Exh A 9 -30 -13 Fl :bjs Page 1 of 2 51 52 rra�u7N�`� t City of Tukwila Franchise Map Electric Lightwave Exhibit A S Not to Scale mom. Underground Fiber Route omos Overhead Fiber Route - - - -- Street ,:o- City Limits Vicinity Map Disclai The location of features and boundaries are approximate and are intended for reference only. Data is based on best information available. Date: September 27, 2013 53 54 Exhibit B FRANCHISE AGREEMENT ACCEPTANCE FORM ELECTRIC LIGHTWAVE, LLC. Date: City Of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Ordinance No. Adopted: Dear Ms. O'Flaherty: In accordance with and as required by Section 4 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance "), Electric Lightwave, LLC hereby accepts the terms, conditions and obligations to be complied with or performed by it under the ordinance. Sincerely, Signature Printed Name Title 55 56 UTILITIES COMMITTEE Meeting Minutes October 7, 2013 — 5:00 p.m. — Conference Room 1 PRESENT Councilmembers: Staff: Guests: City of Tukwila Utilities Committee Joe Duffle, Chair; Dennis Robertson, Kathy Hougardy (Absent: Allan Ekberg, Verna Seal) David Cline, Bob Giberson, Frank Iriarte, Gail Labanara, Robin Tischmak, Peter Lau, Michael Ronda, Mary Miotke and Laurel Humphrey Richard Adair, Electric Lightwave, LLC CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Approving Franchise Agreement with Electric Lightwave, LLC. Staff is seeking Council approval of an ordinance that would renew a non - exclusive franchise to Electric Lightwave, LLC (ELI) for the continued operation of fiber optic cable system in the City rights -of -way for a five year term, with an option for one additional year. ELI has an extensive fiber optic infrastructure system in Tukwila which was constructed in the late 1990s and early 2000, and has expressed an interest in partnering with the Community Connectivity Consortium in the future. Items of note in the franchise renewal are a relocation plan requiring City approval and a $5,000 administrative fee to the City. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE. B. Howard Hanson Dam Flood Response — Tukwila Hesco Removal Project Completion and Acceptance Staff is seeking Council approval of project completion and release of retainage to Goodfellow Brothers, Inc., in the amount of $1,255,044.42 for the Tukwila Levee Repair and Maintenance Project. This project removed roughly 38,000 linear feet of flood protection measures on both sides of the Green River through Tukwila's Central Business District and restored the levee to pre -flood protection condition. The project received 75% funding from King County Flood Control District and was completed under budget. Staff displayed and narrated several pictures depicting the project's progress and results over many areas along the river. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21 CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:32 p.m. Next meeting: Monday, October 21, 2013 — 5:00 p.m. — Conf. Room No. 1. Committee Chair Approval Min es by LH. Reviewed by GL. 57 58 COUNCIL AGENDA SYNOPSIS Initials Meetin,:Date Pre.ared b , BG , ATIMMillirfifi BG Ma ,re re iew ,.. Council review 10/14/13 10/21/13 CATEGORY El Discussion Mtg Date 10/14/13 Motion Date 10/21/13 E Resolution Mtg Date Ordinance Mtg Date ID Bid Award Mtg Date El Public Hearing Mtg Date 0 Other Mtg. Date 1 ITEM INFORMATION ITEM No. 4.E. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/14/13 AGENDA ITEM TITLE Southcenter Project Parkway Extension Project Completion and Acceptance CATEGORY El Discussion Mtg Date 10/14/13 Motion Date 10/21/13 E Resolution Mtg Date Ordinance Mtg Date ID Bid Award Mtg Date El Public Hearing Mtg Date 0 Other Mtg. Date 1 Mtg SPONSOR 1 Council U Mayor []HR EIDCD Finance J Fire E] IT El P&R Police Z PW/ SPONSOR'S The contract with Scarsella Brothers, Inc. of Seattle, WA is complete for the Southcenter SUMMARY Parkway Extension Project. This project installed street improvements on Southcenter Parkway from S 180th Street to S 200th st along with new water and sewer facilities. Construction began July 8, 2010 and was completed on February 26, 2013. Thirty-one change orders were issued. Council is being asked to accept and finalize the contract with Scarsella Brothers in the amount of $18,602,159.72. REVIEWED BY [1] COW Mtg. fl CA&P Cmte E F&S Cmte Cmte Arts Comm. Parks Comm. COMMITTEE CHAIR: 2 Transportation Cmte KATE E Planning Comm • Utilities DATE: 09/24/13 KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Committee of the Whole. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $18,602,159.72 $24,320,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS, 401 WATER FUND AND 402 SEWER FUND Comments: Additional funding of $681,600 is estimated from future sewer connection fees. MTG. DATE RECORD OF COUNCIL ACTION 10/14/13 10/21/13 MTG. DATE ATTACHMENTS 10/14/13 Informational Memorandum dated 09/20/13 State of WA Department of Revenue Notice of Completion 10-065 Change Order Log Lessons Learned Report Minutes from the Transportation Committee meeting of 09/24/13 10/21/13 59 60 City of Tukwila TO: FROM: DATE: September 20, 2013 SUBJECT: Southcenter Parkway Extension Project Project No. 98410437, Contract No. 10 -065 Project Completion and Acceptance Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director ISSUE Accept contract as complete and authorize release of retainage. BACKGROUND The total project budget of $22,341,354.64 was approved along with eight (8) contracts at the May 17, 2010 Regular Council meeting for the Southcenter Parkway Extension (SPE) Project. A 15% construction contingency was also approved for $2,404,505. The Notice to Proceed for Contract No. 10 -065 with Scarsella Brothers, Inc. of Seattle, Washington was issued on July 8, 2010. The SPE Project constructed approximately 7,400 linear feet of street improvements on Southcenter Parkway from South 180th Street to South 200th Street, and roughly 3,000 linear feet of new sewer and water facilities on Southcenter Parkway from Minkler Boulevard to South 180th Street. The overall work items included building demolition, grading, asphalt paving and overlay, curb, gutter, sidewalk, storm drainage system, sewer system, sewer lift station, water system, traffic signal, illumination, landscaping, irrigation and retaining wall. ANALYSIS Construction was physically completed on February 26, 2013. Thirty -one (31) change orders were executed for the project. The majority of the cost increases were due to the Nationwide 14 Permit approval delay, the United States Army Corps of Engineers' decision on revisions to the Tukwila 205 Levee, and compliance with current ADA standards. Refer to the attached Change Order Log and Lessons Learned Report describing each change order and background for the major changes. Unit price under -runs were due to force account items not completely utilized during construction. A retainage bond was used by Scarsella Brothers for the SPE Project. RECOMMENDATION Council is being asked to formally accept and authorize the release of the retainage bond, subject to standard claim and lien release procedures, for the SPE Project with Scarsella Brothers, Inc. in the final amount of $18,602,159.72, and to consider this item at the October 14, 2013 Committee of the Whole meeting and subsequent October 21, 2013 Regular Meeting. Attachment: Notice of Completion Change Order Log Lessons Learned Report W: \PW Eng)PROJECTSW- RW & RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437)\ Construction\After Con \Prof Closeout \Info Memo SCPE Closeout 9- 201 3.doc.docx 61 BUDGET EXPENDITURES Design $ 1,579,000.00 $ 1,578,853.43 Right -of -way 11,000.00 10,901.13 Construction Contract 19,201,000.00 18,602,159.71 Construction Extras, PSE, Signals 487,572.81 Construction Management 3,530,000.00 3,828,759.35 Sanitary Sewer Connection Charges 681,600.00 $ 25,002,600.00 $ 24,508,246.43 RECOMMENDATION Council is being asked to formally accept and authorize the release of the retainage bond, subject to standard claim and lien release procedures, for the SPE Project with Scarsella Brothers, Inc. in the final amount of $18,602,159.72, and to consider this item at the October 14, 2013 Committee of the Whole meeting and subsequent October 21, 2013 Regular Meeting. Attachment: Notice of Completion Change Order Log Lessons Learned Report W: \PW Eng)PROJECTSW- RW & RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437)\ Construction\After Con \Prof Closeout \Info Memo SCPE Closeout 9- 201 3.doc.docx 61 62 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 578 035 242 ame & Address of Public Agenc City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 UBI Number: 179 000 208 Notice is hereby given relative Date: March 26, 2013 epai-tment Use Only Assigned to: Date Assigned: o the completion of contract or project described below Project Name Southcenter Parkway Extension Project Contract Number 10 -065 Job Order Contracting ❑ Yes © No Description of Work Done /Include Jobsite Address(es) Construction of approximately 7,400 linear feet of Southcenter Parkway from South 180th Street to South 200th Street, and the construction of approximatel 3,000 linear feet of new sewer and water from Minkler Boulevard to South 180th Street. Items of work include but are not limited to building demolition, grading, paving, HMA overlay, curb, gutter, sidewalks, storm drain system, sewer system, sewer lift station, water system, signals, illumination, landscaping, irrigation, retaining walls, and other work necessary to complete the road construction. Federally funded road transportation project? V Yes ❑ No Contractor's Name Scarsella Brothers, Inc. Telephone Number 253 - 872 -7173 Affidavit ID* Not obtained yet Contractor Address P.O. Box 68697, Seattle, WA 98168 -0697 If Retainage is Bonded, List Surety's Name (or attach a copy) SAFECO Insurance Company of America Surety Agent's Address 925 4th Avenue, Suite 3200, Seattle, WA 98104 Date Contract Awarded May 17, 2010 Date Work Commenced July 8, 2010 Date Work Completed February 26, 2013 Date Work Accepted Not known yet Contract Amount Additions (+ ) Reductions ( - ) Sub -Total Amount of Sales Tax Paid at 9.5% (If various rates apply, please send a breakdown) F1na.r, $ 15,712,754.00 $ 2,647,456.40 $ 109,494.86 $ 18,250,715.54 $ 351,444.18 TOTAL $ 18,602,159.72 NOTE: These two totals must be equal Please List all Subcontractors and Sub -tiers Below: Liquidated Damages $ 0.00 Amount Disbursed $ 18,602,159.72 Amount Retained $ 0.00 TOTAL $ 18,602,159.72 Subcontractor's Name: UBI Number: (Required) Affidavit ID* Trenchless Construction 601 961 605 422459 C. E. S. NW, Inc. 602 017 093 418609 Gilliardi Logging & Const, Inc. 602 001 357 407241 Pyramid Grinding LLC 602 778 944 360164 Wolf Industries Inc 602 788 494 287270 Wilson Concrete Construction, Inc. 602 168 956 Not obtained yet Totem Electric of Tacoma Inc 278 043 550 434794 Owl Fencing Inc 601 630 103 407143 F215-038-000 07-2012 REV 31 0020e (07/06/12) Continued on page 2 63 Please Ilist all Subcontractors and Sub-tiers Below: Subcontractor's Name: UBI Number: (Required) Affidavit ID* Nelson Construction 601 838 683 372143 Icon Materials 601 006 854 433601 CTE Construction Inc 602 903 417 408518 Apply A Line Inc 600 553 941 Not obtained yet Yellow Iron Construction Inc 602 477 582 408759 Holocene Drilling Inc 601 709 741 408880 0 M A Construction Inc 601 872 128 370727 JMR Trucking, Inc. 602 101 301 355611 Custom Masonry Inc 601 989 282 419933 Hendrickson HVAC Services Inc 602 663 783 407180 Del-Mar Concrete Cutting 602 260 574 406710 Hydroseeding Inc 601 097 270 303835 Ground Up Road Const Inc 602 790 246 406677 Terra Dynamics, Inc. 601 030 794 371588 South Sound Sawing/Drilling Inc 601 030 286 422309 S B Structures, LLC 602 615 583 Not obtained yet NWCW LLC 602 813 492 406681 Pang lia Trucking Inc 602 492 304 419620 Tan Trucking, LLC 602 671 547 419559 TRS Trucking 602 819 638 421555 Marine Vacuum Service Inc 600 412 278 362623 Ness Cranes 602 493 962 418887 Pacific Topsoils Inc 600 405 438 406609 Comments: Contact Name: Diane Jaber Email Address: diane.jaber©tukwilawa.gov Title: Fiscal specialist Phone Number: (206) 433-1871 x1871 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Affidavit ID* Provide known ones at this time. No LNI release will be granted until all affidavits are completed. Submitting Form: Please submit the completed form to all three agencies below. For a faster response, please submit by e-mail. Washington State Department of Revenue Public Works Section po Box *74r Olympia WA 98504-7474 (360) 725-7588 FAX (360) 664-4159 Washington State Department of Labor and Industries Contract Release PO Box 44274 Olympia, 98504-4272 (360) 902-5772 FAX (360) 902-6897 For tax assistance or to request this document in an alternate format, visit http://dor.wa.gov or call Teletype (TTY) users may call (360) 705-6718. F215-038-000 07-2012 REV 31 0020e (07/06/12) 64 Washington State Employment Security Department MAW Registration, Inquiry, Standards & Coordination Unit PO Box 9046 Olympia WA 98507-9046 (360) 902-9450 Fax (360) 902-9287 1-800-647-7706. Base Contract Amount: $16,030,030.64 Construction Contingency Amount: $2,404,505.00 Change Order Number Change Order Description Change Order Amount Cumulative Order Amount Contract Change to Date Modified Contract Amount Amount Contingency Remaining Contingency Utilized to Date 1 Added photocell conductors for street lighting. $1,225.88 $1,225.88 0.01% $16,031,256.52 $2,403,279.12 0.05% 2 Added an 18 -inch cap with an above ground "blow -off' to Highline Water District water main. $4,570.41 $5,796.29 0.04% $16,035,826.93 $2,398,708.71 0.24% 3 Delete drop connection at sanitary sewer manhole #4. - $954.95 $4,841.34 0.03% $16,034,871.98 $2,399,663.66 0.20% 4 Approved contractor proposed Modified Gravel Borrow with Credit to City. - $60,095.00 - $55,253.66 -0.34% $15,974,776.98 $2,459,758.66 - 2.30% 5 Modifications to Pump Station #11. - $1,340.63 - $56,594.29 -0.35% $15,973,436.35 $2,461,099.29 - 2.35% 6 Approved contractor to work during day shift hours (no cost change). $0.00 - $56,594.29 -0.35% $15,973,436.35 $2,461,099.29 - 2.35% 7 Approved contractor to continue to work and close traffic lanes beyond the November 15, 2010 lane closure moratorium period (no cost change). $0.00 - $56,594.29 - 0.35% $15,973,436.35 $2,461,099.29 -2.35% 8 Approved substitution of Ultra Block in place of gravity blocks and gabion walls (no cost change) $0.00 - $56,594.29 -0.35% $15,973,436.35 $2,461,099.29 - 2.35% 9 Installation of TESC force main pipe, allowing contractor to continue to work. $15,383.40 - $41,210.89 -0.26% $15,988,819.75 $2,445,715.89 -1.71 % 10 Flood wall restoration. $4,522.77 - $36,688.12 - 0.23% $15,993,342.52 $2,441,193.12 ° - 1.53/0 11 Tukwila water main revisions due to utility conflicts. $50,994.22 $14,306.10 0.09% $16,044,336.74 $2,390,198.90 0.59% 12 Added ADA ramps and replacement of curb, gutter and sidewalk along Southcenter Parkway. $276,085.00 $290,391.10 1.81 % $16,320,421.74 $2,114,113.90 12.08% 13 Unanticipated peat removal and replacement along Sanitary Sewer alignment. $497,718.14 $788,109.24 4.92% $16,818,139.88 $1,616,395.76 32.78% 14 Added sanitary sewer connection to Bow Lake Transfer Station to be reimbursed by King County. $74,182.56 $862,291.80 5.38% $16,892,322.44 $1,542,213.20 35.86% 15 Added reinforcing pavement overlay fabric in select areas between Minkler Blvd and S 180th. $22,515.83 $884,807.63 5.52% $16,914,838.27 $1,519,697.37 36.80% 16 Additional ADA ramps and replacement of curb, gutter and sidewalk along Southcenter Parkway. $39,294.73 $924,102.36 5.76% $16,954,133.00 $1,480,402.64 38.43% 17 Nationwide Permit 14 Delay - unilateral offer to settle the delay impact $294,080.00 $1,218,182.36 7.60% $17,248,213.00 $1,186,322.64 50.66% 18 Added concrete sleds under sinking sanitary sewer manholes. $13,334.75 $1,231,517.11 7.68% $17,261,547.75 $1,172,987.89 51.22% 19 Added roadway section profile elements approved by USAGE to go up and over S. 196th cutoff levee due to USAGE rejecting the Section 408 levee modification. $252,764.00 $1,484,281.11 9.26% $17,514,311.75 $920,223.89 61.73% 20 Added 25,779 square feet of buffer enhancement and restoration for Wetland No. 1 $58,070.72 $1,542,351.83 9.62% $17,572,382.47 $862,153.17 64.14% 21 Compensation for imported trench backfill for Highline Water District water main. $50,000.00 $1,592,351.83 9.93% $17,622,382.47 $812,153.17 66.22% 22 Added pedestrian push buttons and traffic loops at S. 180th St. $29,392.98 $1,621,744.81 10.12% $17,651,775.45 $782,760.19 67.45% 23 Approved contractor proposed substitute for median planting soil. - $10,800.00 $1,610,944.81 10.05% $17,640,975.45 $793,560.19 67.00% 24 Approved contractor proposed recycled concrete CSBC - $20,682.46 $1,590,262.35 9.92% $17,620,292.99 $814,242.65 66.14% 25 S. 180th St. Storm Drain Utility Conflict Resolution $17,009.16 $1,607,271.51 10.03% $17,637,302.15 $797,233.49 66.84% 26 NW 14 Permit Delay Impact - negotiated additional overhead costs $373,695.97 $1,980,967.48 12.36% $18,010,998.12 $423,537.52 82.39% 27 Approved pump station modifications (deleted load bank, added wall - mounted ladder, revised ATS, conduit revisions, transformer disconnect, and external disconnect. $9,961.59 $1,990,929.07 12.42% $18,020,959.71 $413,575.93 82.80% 28 Revised traffic signal pole mast arm at South 180th /Southcenter Parkway. $19,179.84 $2,010,108.91 12.54% $18,040,139.55 $394,396.09 83.60% 29 Removed and replaced sidewalk at Claim Jumper to meet current ADA standards. $18,037.66 $2,028,146.57 12.65% $18,058,177.21 $376,358.43 84.35% 30 Additional pavement grinding and overlay at South 200th street due to additional failed areas. $19,309.83 $2,047,456.40 12.77% $18,077,487.04 $357,048.60 85.15% 31 NW 14 Permit Delay Impact - final settlement of all delay claim issues. $600,000.00 $2,647,456.40 16.52% $18,677,487.04 - $242,951.40 110.10% 0) 01 File: SPE CO Log 8- 19- 13.xlsx Printed: 09/18/2013 - 4:11 PM Page: 1 of 1 66 Southcenter Parkway Extension Project LESSONS LEARNED REPORT Tukwila Public Works Department September 2013 Project History The City of Tukwila (Tukwila) contracted with David Evans and Associates, Inc. (DEA) in the spring of 2004 to prepare construction documents including plans, specifications, and cost estimates (PS &E) of construction cost for the Southcenter Parkway Extension (SPE) Project. The project scope included replacing the existing two -lane roadway with a five -lane facility from South 180th Street to South 200th Street. The new roadway section includes a five -lane roadway (two lanes in each direction with a center two -way left -turn lane) with curb, gutter, and six -foot sidewalks on both sides of the road. Other improvements included an enclosed storm drainage system, detention and water quality facilities, traffic signal upgrade, illumination, utility relocations, channelization, signing , and enhanced wetland mitigation areas. In 2009, Tukwila and Segale Properties entered into a development agreement that sets the stage for new development in the area known as Tukwila South. Segale owns the majority of the land in Tukwila South that is adjacent to Southcenter Parkway between South 180th Street and South 200th and is constrained by the Green River and Interstate 5. Segale is currently in the clearing and grading phase of developing their land into mixed -use facilities that will include a variety of uses including commercial, industrial, and residential. In addition to new roadway improvements, the decision was made to extend the water and sewer improvements on Southcenter Parkway up to Minkler Boulevard from South 180th Street, since the new sewer tied into the Tukwila South improvements. Tukwila finished bid documents in early 2010 and advertised for bids. A construction contract was awarded to Scarsella Brothers, Inc. (SBI) at the April 19, 2010 Council meeting. The construction contract Notice to Proceed (NTP) was issued to SBI on July 8, 2010. 67 68 Contract Changes Dozens of contract changes occurred during the construction of this large and very difficult project. Most of the contract changes were small and were handled administratively without change orders using unit price bid items and force accounts. The major construction contract change orders are listed below and explained in full detail later in this report: • Change Order Number 12 — ADA Ramps - $276,085.00 • Change Order Number 13 — Sewer trench - $497,718.14 • Change Order Number 17 — Nationwide Permit 14 Delays - $294,080.00 • Change Order Number 19 — USACE 208 Permit - $252,764.00 • Change Order Number 26 — Nationwide Permit 14 Delays - $373,695.97 • Change Order Number 31 — Nationwide Permit 14 Delays - $600,000.00 Change Order Numbers 12 and 13 Change Orders 12 and 13 are interrelated due to the sewer trench sloughage in caused large sections of existing sidewalk to collapse into the trench. The sloughage occurred between Minkler Boulevard to about 1,000 feet south of Minkler Boulevard. The construction management consultant performed a detailed field review of the existing conditions of existing curb, gutter, and sidewalk along the length of the project, from Minkler Boulevard to South 180th Street. During this review, the conditions of the existing ADA ramps at intersections and driveway were inspected. FHWA Policy and The Americans with Disabilities Act (ADA) of 1990 require that ADA compliant pedestrian facilities be provided on highway improvement projects and /or preservation projects. These inspections determined the ramps and driveways did not meet current ADA requirements. Tukwila contacted WSDOT to determine which ADA items were required for compliance when an overlay project is performed. The response was to upgrade the ADA ramps only. Standard driveway aprons do not need to be upgraded unless the work to be performed includes construction /reconstruction of the concrete driveway. At -grade (asphalt) driveways with ADA ramps do need to be upgraded. The final plans for this scope of work were revised to reflect this recommendation by WSDOT. The ADA ramp and sidewalk changes amounted to $276,085.00. 1 69 In addition, during the excavation of the new sanitary sewer, very unstable soil conditions were encountered that led to excessive sloughing, and collateral damage to neighboring utilities, curb, sidewalk, and other items. The original bid documents did not provide any geotechnical data in this area, which would have given a clearer picture of the subsurface conditions. In conjunction, the plans did not require structured shoring, which could have limited the amount of sloughage and over excavation, thereby limiting the curb, gutter and sidewalk damage. These change orders provided compensation for repair and replacement of curb, gutter, and sidewalk sections damaged during the sanitary sewer work. This restoration work was also incorporated into the final plan set for compliance with ADA requirements. Change Order Number 19 The approval of the United States Army Corps of Engineers (USACE) 408 permit would have allowed the "Cross Valley Levee" to be removed. In January of 2011, Tukwila was notified that the USACE would not be approving the extension of the Tukwila 205 levee from the Cross Valley Levee down to South 200th Street. Because of this USACE permit denial, and that the new levee between the Cross Valley Levee and South 200th Street was not going to be certified, the road and utility crossings over the existing cross valley levee had to be re- designed to meet USAGE requirements. The original design was based on a de- certification, so a revised design was coordinated to allow the levee to remain intact. The USAGE approved the re- designed roadway profile and utilities that basically went up and over the levee with minimal impacts, but the construction changes cost $252,764.00. Change Order Numbers 17, 26 and 31 (Stream E Delay Claim). SBI submitted an extensive and complicated delay claim due to the project impacts of shutting down the areas surrounding Stream E (refer to Exhibit 1). The three (3) change orders are a result of ongoing negotiations and offers to settle the claim. One of the first tasks in the construction contract included placing roadway fill material within Stream E. At the time the construction contract was awarded, a Section 404 Permit that included the work for the filling of Stream E, had been submitted by Segale Properties to the USACE. This 404 permit was intended to cover the entire Tukwila South development and the Southcenter Parkway Extension project. The 404 permit was under review by the USACE for more than a year. While issuance of the 404 Permit was anticipated prior to construction, there was contingency plan for the City to obtain a 2 70 Nationwide Permit 14 (NWP 14) if necessary. The roadway project was eligible for a NWP 14, which allows for limited filling of streams and wetlands related to linear transportation projects. After reaching a critical point without any word on the 404 Permit, the City subsequently submitted the NWP 14 application. During the week of August 9, 2010, the Contractor began filling Stream E without an approved NWP 14 and without following all requirements in the Contractor provided NPDES permit and erosion control plan. Both Tukwila and the Contractor should have been more aware of the permit requirements and timing for filling Stream E. On August 19, 2010 the City of Tukwila's construction management staff was notified of the error and halted all work related to the filling of Stream E. On September 24, 2010 the USACE performed a site visit, noted the filling of Stream E that had occurred, and began an investigation of a possible violation of the Clean Water Act. The investigation and subsequent resolution of the violation concluded on March 9, 2011 by the issuance of an after - the -fact NWP 14 Permit by the USACE. The resultant work to fill Stream E resulted in an approximate 6 month delay to the project. A delay of 121 Working Days (170 Calendar Days) is attributable to the late delivery of the USACE Nationwide 14 permit. Multiple claim negotiation meetings took place between the Tukwila and SBI regarding the delay claim; and no compromise was reached between the parties. Eventually, a mediation date was mutually agreed upon and scheduled by both parties in March 2013 to discuss this delay claim in front of a mediator. Even with the mediation date scheduled, and a mediator established, the City and the Contractor continued to talk and try to settle the delay claim. After many exchanges between the 2 sides, eventually, a final settlement of the delay claim for $600,000 was reached in the late evening on February 26, 2013 (right before the agreed upon mediation date). 3 71 Lessons Learned 1. INVOLVE WSDOT EARLY The large ADA change order number 12 taught us to involve WSDOT Local Programs and their ADA experts early and often, to avoid expensive field re- designs and change orders. This lesson learned is being applied to upcoming projects. 2. OBTAIN MORE GEOTECHNICAL DATA DURING DESIGN The large sewer trench change order number 13 taught us to obtain as much geotechnical information during design as possible, to make sure we get strong trenching, shoring and dewatering specifications in place anywhere there is a chance for a trench over 4 feet deep. For trenches deeper than 6 feet, even more soils testing and analysis should be done as the risk of sloughage increase with the depth of the trench. Extensive geotechnical and potholing advance investigations were performed on the Interurban Avenue South Gravity Sewer project and that project was under budget. 3. LEARN AND UNDERSTAND PERMIT REQUIREMENTS Change order numbers 17, 26 and 31 taught us valuable lessons regarding Nationwide 14 permits. Lisa Verner, the former Tukwila South /SPE Project Manager had warned Public Works staff and our consultants to pay close attention to the need for a NW 14 Permit if the 404 blanket permit was not approved by the construction start time. The NW 14 Permit now has a special 45 day waiting period, whereas in years past, you could submit your NW 14 Permit and immediately go to work. That condition is no longer valid and needs to be explained and emphasized to all involved. City staff and the construction management consultant mishandled the permit application. Recommendations For any and all similar construction projects, all staff and consultants need to be fully trained in issues regarding ADA ramp requirements, geotechnical issues for deep sanitary sewer trenches, Nationwide Permit 14 conditions and anticipating issues with large Development Agreements. The Southcenter Parkway Extension Project was the most difficult construction project ever undertaken by Public Works and the end result is something the City and its partners can be proud of, despite the challenges that were overcome. 4 72 Transportation Committee Minutes September 24, 2013 — Page 2 D. Tukwila Urban Center — Pedestrian Bridge: State Regional Mobility Grant Acceptance Staff is seeking Council approval to accept a State Regional Mobility grant in the amount of $6,870,000 for the Tukwila Urban Center Pedestrian /Bicycle Bridge over the Green River Project. Design, environmental review, and permitting are underway, and construction is anticipated to occur over an 18 -24 month period. Per a Transportation Committee request of August 27, staff returned today with further information regarding the required 20% local match and lower than anticipated Park Impact Fees. Staff is proposing to issue General Obligation bonds for the match in the estimated amount of $1,662,000. As Future Park Impact fees come in they will help pay off the debt service. The Committee packet includes a table of financing pros and cons which will aid the Council during budget review. Councilmembers will be given detailed information about the bond issues at a later date. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE. E. Southcenter Parkway Extension Project Completion and Acceptance Staff is seeking Council approval for project completion and release of retainage to Scarsella Brothers, Inc. in the amount of $18,602,159.72 for Southcenter Parkway Extension Project. Construction of this project was completed on February 26, 2013. Thirty -one change orders were executed, with the majority of cost increases due to Nationwide 14 Permit approval delay, the US Army Corps of Engineers' decision on revisions to the Tukwila 205 Levee, and compliance with ADA standards. Committee members and staff discussed details regarding an anticipated $681,600 in Sanitary Sewer Connection Charge revenue. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE. F. Proposed 2014 -2019 Capital Improvement Program Residential, Bridges and Arterial Street Projects The Proposed 2014 -2019 Financial Planning Model and Capital Improvement Program will be presented to the City Council for adoption later this year. Staff provided the Committee with an overview of the Residential and Bridges and Arterial Street projects included in the proposal. Committee members referred to their CIP notebooks (pages 1 -31) for these chapters as staff briefly described each project.INFORMATION ONLY. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) Meeting Committee Chair Kruller mentioned that the 3 scenarios described on Page 3 of the August 20 meeting summary were developed with outdated information and corrections are being addressed. She also stated that SCATBD is reviewing the list of Senate 2014 Transportation Reforms. INFORMATION ONLY. IV. MISCELLANEOUS Committee Chair Kruller stated that she placed copies of information relating to WSDOT's Puget Sound Gateway Project in committee members' inboxes. Meeting adjourned at 6.52 p.m. Next meeting: Tuesday, October 15, 2013 Committee Chair Approval Minutes by LH, Reviewed by GL. 73 74 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Map 's review Council review 10/14/13 BG Z Motion Mtg Date 10/21/13 E Resolution Mtg Date 10/21/13 BG E Public Hearing Mtg Date Other Mtg Date Mayor HR DCD I Finance Fire 0 IT III P&R Police Z Pr SPONSOR El Council SPONSOR'S The City was awarded $6,870,000 from the Washington State Regional Mobility Grant for SUMMARY the Tukwila Urban Center Pedestrian/Bicycle Bridge. The 20% City match will come from the existing design grant, City funds, and Park Impact Fees. A General Obligation Bond is proposed that will be repaid with ongoing Park Impact Fee revenue. Council is being asked to accept the WA State Regional Mobility grant for $6,870,000. REVIEWED BY E COW Mtg. 0 Utilities Cmte DATE: 06/25, 0 CA&P Cmte E F&S Cmte Z Transportation Cmte L Parks Comm. H Planning Comm. COMMITTEE CHAIR: KATE KRULLER • Arts Comm. ITEM INFORMATION ITEM NO. 4.F. 75 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/ 14/13 AGENDA ITEM TITLE Tukwila Urban Center Pedestrian/Bicycle Bridge Acceptance of Washington State Regional Mobility Grant CATEGORY Discussion Mtg Date 10/14/13 Z Motion Mtg Date 10/21/13 E Resolution Mtg Date Ordinance Mtg Date ['Bid Award Mtg Date E Public Hearing Mtg Date Other Mtg Date Mayor HR DCD I Finance Fire 0 IT III P&R Police Z Pr SPONSOR El Council SPONSOR'S The City was awarded $6,870,000 from the Washington State Regional Mobility Grant for SUMMARY the Tukwila Urban Center Pedestrian/Bicycle Bridge. The 20% City match will come from the existing design grant, City funds, and Park Impact Fees. A General Obligation Bond is proposed that will be repaid with ongoing Park Impact Fee revenue. Council is being asked to accept the WA State Regional Mobility grant for $6,870,000. REVIEWED BY E COW Mtg. 0 Utilities Cmte DATE: 06/25, 0 CA&P Cmte E F&S Cmte Z Transportation Cmte L Parks Comm. H Planning Comm. COMMITTEE CHAIR: KATE KRULLER • Arts Comm. 8/27, & 9/24/13 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PG 12, PROPOSED 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/14/13 10/21/13 MTG. DATE ATTACHMENTS 10/14/13 Informational Memorandum dated 09/20/13 Funding Options with Advantages & Disadvantages May 28, 2013 Email Notification of Award Excerpt from the 2013-2015 LEAP Transportation Document (ESSB 5024) Proposed 2014 CIP, page 12 Minutes from the Transportation Committee meeting of 06/25, 8/27 & 9/24/13 10/21/13 75 76 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director Peggy McCarthy, Finance Director DATE: September 20, 2013 SUBJECT: Tukwila Urban Center — Pedestrian /Bicycle Bridge Project No. 90510403 Acceptance of State Regional Mobility Grant ISSUE City acceptance of a State Regional Mobility grant in the amount of $6,870,000 awarded to the Tukwila Urban Center (TUC) Pedestrian/ Bicycle Bridge over the Green River Project. BACKGROUND In October 2012, Council authorized staff to submit a grant application to the Washington State Department of Transportation Regional Mobility program for right -of -way acquisition and construction of the TUC Pedestrian /Bicycle Bridge. This grant application was successful and funds have been incorporated directly into the Washington State biennial budget. According to CIP Policy, staff must obtain approval from the full Council before accepting grants. Design is underway with full design and permitting expected to be completed by March 2014. Right -of -way acquisition can take a year to acquire and the City could start on this process soon. Construction is currently anticipated to be over an 18 -24 month period to coordinate with fish windows and other restrictions associated with working over the Green River. The Transportation Committee asked staff at the June 25 and August 27 meetings to return to Committee with a funding proposal for park impact fees. The Proposed 2014 CIP sheet (attached) shows the revised expected park impact fees of $35,000 for 2013 and $55,000 for 2014 and 2015 and a Interfund loan from the Water Fund for $665,000. DISCUSSION The Regional Mobility Grant Program requires a local match of at least 20% of the total cost of the project from direct contributions. City funds, park impact fees and future grants may be used as match, as well as staff salaries and past expenditures, including previously awarded grants for the design work. The Regional Mobility Grant is a 4 -year award over two state biennial budgets. The award for the 2013 -2015 biennium is $4.6M and the continuing award into the 2015 -2017 biennium is for $2.2M. This is very similar to the awarded grant for the Transit Center Project from the same agency. FISCAL IMPACT Attached is a new draft of the 2014 CIP page 12 which still has the $145,000 shown from Park Impact Fees in 2013, 2014, and 2015. The Park Impact Fee ordinance is based on up to $1,600,000 to be utilized for the Pedestrian Bridge Project. To make up the difference for lower than expected Park Impact Fees, staff is proposing to issue General Obligation bonds for the City match in the estimated amount of $1,662,000. As future Park Impact Fees come in, they will help pay off the debt service. Staff will return with more information as the project progresses and is closer to construction with firmer cost estimates. Phase Amount Funding Source Amount Design $1,633,833 Awarded Grants $1,496,833 General Fund 102,000 Park Impact Fee 35,000 Right of Way $1,100,000 Regional Mobility $870,000 General Fund 175,000 Park Impact Fee 55,000 Construction $7,485,000 Regional Mobility $6,000,000 General Fund 1,430,000 Park Impact Fee 55,000 Total $10,218,833 Total $10,218,833 RECOMMENDATION Council is being asked to formally accept the State's Regional Mobility Grant for the Tukwila Urban Center Pedestrian /Bicycle Bridge Project in the amount of $6,870,000 and consider this item at the October 14, 2013 Committee of the Whole and subsequent October 21, 2013 Regular Meeting. Attachments: Funding Options with Advantages & Disadvantages. May 28, 2013 E -mail Notification of Award Excerpt from the 2013 -2015 LEAP Transportation Document (ESSB 5024) Draft 2014 CIP page 12 W: \PW Eng \PROJECTS\A- RW & RS Projects \TUC Ped Bicycle Bridge (90510403) \ Grants \Info Memo - Grant Acceptance -rev 9 -20 -13 gl.docx 77 78 Pedestrian Bridge Financing Options Advantages & Disadvantages Option Disadvantages 1. Reduces debt capacity capacity at 12- 31-12 was $42M 2. Until debt service is paid off, limits funding for other park impact fee projects, ie Tukwila Pond 1. Higher annual debt service due to shorter repayment term requiring greater commitment of General Fund resources for the interfund loan 2. Reduces debt capacity; capacity at 12- 31-12 was $42M 3. Until debt service is paid off, limits funding for other park impact fee projects, ie Tukwila Pond 1. Commits General Fund resources to a greater extent than external lending options 2. Until interfund loan is paid off, limits funding for other park impact fee projects, ie Tukwila Pond 1. Use of General Fund resources reduces funds available for other projects, reserves or other purposes Option Advantages 1. No long-term financial impact on General Fund. 2. Debt issuance could be combined with the 2014 general obligation bond issuance planned for other arterial street projects potentially reducing financing costs. 1. Shorter repayment period compared with GO debt option lowering total interest cost 1. Internal lending rate is lower than market thus lowering project interest cost Z. Interest earnings from lending activity remains with the City. 3. Debt is not considered in Citys debt limits. 1. Elimination of interest costs reduces total project cos 2. No impact on Citys debt limits 3. Future park impact fees available for other projects, ie. Tukwila Pond Effect on General Fund To the extent impact fees fall short of GO debt service (estimated at $127K -$133K annually), General Fund would fund shortfall with an interfund loan; payback would occur through future park impact fees; no permanent general fund impact To the extent impact fees fall short of debt service (estimated at $211K annually), General Fund would fund shortfall with an interfund loan; payback would occur through future park impact fees; permanent | e��nopermanen general fund impact Temporary use of General Fund resources payback over 10 years General Fund permanent cash outflow E / m 3 3 2 \ 0 ' ~ ® \ a \ ra / / « \ § no ,• ® 3 § e « \ - ° ro '_- -co \ /f t- _ ) > t o z o » CO > c ®\ c t 2 C - t » \ 0 ®. - » « \ = 2 a _ » 3 = _ To & CO - C.) 9 C 9 { / / \ \ , . \ \ 9 - / / -- Issue private placement bond, ie Cashmere Bank, or obtain bank loan - - Pay debt service with park impact fees - - Issue Interfund loan from General Fund to Arterial Street fund; - - Pay debt service with park impact fees - - Pay from General Fund reserves - 2 \ % o # c U./ - @ \ t c / o - @ 2 t o C o e To 0 t -0 - C\ > / _ 2 m m v 79 80 Cy dy Kn'sh on From: Sent: To: Eldridge, Mark<E|dhdM6gmodot.wegov> Tuesday, May 28, 20I3 11:33 AM Morrison, David; Dong, Jonathan; Kirk McKinley; Cyndy Knighton; dianas@kitsaptransit.com; Barb Hunter (bhunter@piercetransit.org); Overby Monica; Wolterink, Lisa; Otterstrom, Karl; Howell, Gordon; Marcia Smith (msmith@skaghtransh.org);steve/waU@dihdgehe|d/waucHeffernan, Peter; (me|ioazau|ey@commtrans»rg);KathrynRasmuoen;DB|oom@inteoitytrandtzom; (BHolman@intercitytransit.com); `dorindazosta@seatt|e.gov' (dorinda.costa@seattle.gov); Chuck Green (ChuckG@c-tranorg);julies@c-tranorg; Kelly Hayden (khayden@pieoetensit.ong); 'Barb Savary (savary@islandtransit.org); madams@piercetransit.org; (kmcmullen@bft.org); Suing, Troy; Futrell, Kevin (Kevin.FuteU@yakimawagm4; dcl@bft.org; AFreeman@intercitytransit.com; Martha Rose; Dale O'Brien; (marcia[@ri6ewt zom)(marcia[@ridewtazom) Cc: Rutledge, Nicole; Eldridge, Mark Subject: Regional Mobility Grant Projects for 2013-2015 You're receiving this email because your project(s) has been selected for funding by the Washington State Legislature for the 2013-2015 biennium. It's been almost a year since the call for new project went out and a lot of energy has been expended getting to this point, well donel Now that the project list is complete WSDOT staff will be preparing contracts for each new project. We will also be preparing contract amendments for the continuing projects. I anticipate they will be ready and in your hands by the end of June. So what happens next? I have a few helpful hints and reminders to pass along: m Please review your project schedule and make sure it's up to date. If it isn't, then please send me a revised page by June lO« w Please review your planned expenditures by quarter. If that needs to be updated, then please have that to me by June 10th • Any expenditure made on the project before June 30, 2013 can be counted towards your match requirement, but not eligible for reimbursement. • For four year projects make sure your scope of work will get you to the minimum milestones for continued funding in 2015-2017 biennium. The grant application guide describes the minimum milestones. • Starting July 1, 2013 any eligible project expense is eligible for reimbursement regardless when the contract is signed. • A project Performance Measurement Plan (PMP) is required to be reviewed and approved by WSDOT before a reimbursement request will be processed and check cut. There are examples of past project PMP's on the Regional Mobility web page copying is encouraged. Janice Helmann will help you prepare the PMP and will also be the one reviewing and approving. As you may recall Janice is the person you sent your Year 1 and Year 4 VT and VMT reduction to in Step 1 of the grant application process. Helmann1Pwsdot.wa.gov 206-464-1284. You can start on this now and beat the rush. • The project scope you included in your grant application is what we expect you to build or provide. If the project scope must change for some reason you must contact me immediately. If you're project cost comes in 10% lower than you anticipated you must contact me immediately. 8) � When you do send us a reimbursement request please make sure its painfully easy for us to track the expenditures. Some of the reimbursement request are several inches thick and we don't know what numbers your taking from where. Please use highlighter, sticky notes, a spreadsheet anything to help us follow the rabbit trail. It will get done faster and you won't get a phone call from us. The supporting documentation you send should add up to the total expenses on the reimbursement form (we will send each grantee a custom Reimbursement Request form). 0 A project that has more than 20% local match can bill the grant at 100Y6. A project that has 2096 local match must bill the grant at 80% of the eligible expenses. � Please use the Regional Mobility Grant funds early, because you don't have to deal with reappropriation requests and accruals. This will make all our lives easier, but if you can't that's fine too. 0 A grantee must bill the grant at least quarterly. Someplace it says a grantee can't bill more than once a month, but I say bill as often as you need to. The caveat is, please make sure it's for a reasonable amount ($2,000 or more), because they take time to process and we don't have as many staff as we used to. The first and most important thing I do as grant manager is to help you complete your project on time, on budget, and in scope. The other less glamorous thing deals with accountability and reporting. Call us any time you have questions. We will do everything we can to help you! I plan to schedule a meetings with each of you over the next few months, because I want us to get to know each other, and you're projects in more detail. Mark Eldridge Regional Mobility Grant Program Manager Park and Ride Lot Program Manager 360'705'7273 82 2 3 LEAP Transportation Document 2013-2 as developed April 23, 2013 ALL PROJECTS Public Transportation (V) (Dollars in Thousands) -- Fund Source -- Total Kin Project Leg Dist TPA Ncld Othr 2011-13 2013-15 2015-17 2017-19 2019-21 2021-23 2023 + (incl. Prior) 016 20130031 island, Skagit and Whatcom Transits, Tri County 10,38 0 0 0 0 2.300 0 0 0 0 0 2,300 Connector 017 20130100 City of Tukwila, tirhan Center Pedestrian Bridge 11 0 0 [7 Contingency (Unfunded) Regional Mobility Grants 001 20130019 Sound Transit. Tacoma Trestle Replacement & 27 0 0 0 Capacity Improvements 0 4,600 2,270 0 24,409 10,353 0 7,000 0 0 0 0 0 0 0,870 0 0 0 34,762 0 0 0 7,000 002 20130101 KitsapTransit.-SR-305-Interchange- 23 '0 0 [1 .0 2.3260 .0 (1 2,326 Improvements at Suquamish Way Park an 003 20130103 King County Metro, Northgate Transit Center 43 0 0 0 Redevelopment ((04 20130104 Spokane Transit, West I'lains Transit Center 06, 07 0 0 L5 0 1,600 6,400 0 0 0 0 8,000 005 20130105 King County Metro, Madison Street Corridor 43 0 0 ID (1 2,440 1,640 0 0 0 0 4,080 006 20130026 City of Mukilteo, Mukilleo Multimodal 21 0 0 L1 /I 0 1.000 (1 0 0 0 0 1.1)00 Pedestrian Bridge Project 007 201:10106 City of Kenmore, SR 522 West A (61st Ave NE 46 0 0 0 0 5,202 (1 0 0 0 0 5.202 to 65th Ave NE 008 20130108 City of Langley, Port of South Whidbey Park and 0,2) 0 0 0 0 2.634 0 0 0 0 0 2,634 Ride facility with Sunda 00) 20130110 Clallam Transit. Kitchen Dick/Highway 101 24 0 0 0 0 300 (1 0 1) 0 0 300 Park and Ride 010 20130112 Jefferson Transit, Jefferson Healthcare Transit 24 El 0 P2 0 I 60 0 0 0 0 0 160 Bus Pullout and Shelter 011 20130113 River Cities Transit, Transit Service 19 0 0 P1 0 560 0 0 0 (1 0 560 Improve MOUS 0 1,187 2,313 0 0 0 3,500 ESS 0 5024 Striking Amendment Page 36 of 47 Version: 131...EGBAR 84 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Tukwila Urban Center - Pedestrian/Bicycle Bridge Project No. 90510403 DESCRIPTION: Construct a new pedestrian/bicycle bridge over the Green River. Pedestrian/bicycle connection between Tukwila's Urban Center and commuter rail/Amtrak station. JUSTIFICATION: ' RC/�lON' Supporta|nca|andmgiona|goa|eandpo|ioieanegan1ing|anduseandtnsnoportaUoninUdbanConter. Pedestrian System Report identified the optimal location for bridge crossing to be south of the Best STATUS: Western Hotel. Type, Size, and Location Report was completed in 2011. Council approved a design of a twin-tied arch bridge with no accommodation for a future bridge crossing over West Valley Highway. MAINT. IMPACT: To be determined. Design grants: State Enhancement for $190k & $500k, Transit Oriented Development (TOD) planning grant of $55k, and Federal CMAQ grant of $751K. WSDOT Regional Mobility construction grant of $6.870M. COMMENT' � Project is on Park Impact Fee list with funding of $2 million with an 80%/20% split for $1.6M. A City Bond issue will be used for the City match. FINANCIAL Through Estimated in 000's 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL ` ' EXPENSES Design 585 748 300 1.633 Land(R/N/) 1.100 1.100 Const. Mgmt. 1.000 1.000 Construction 6,485 6,485 TOTAL EXPENSES 585 748 1,400 7,485 0 0 0 0 0 10,218 FUND SOURCES Awarded Grant 540 713 243 1.496 Awarded Rag Mobility 870 6,000 6'870 Park Impact Fees 35 55 55 145 Bond 1.602 1.062 City Oper. Revenue 45 0 (1.430) 1.430 0 0 O U 0 45 TOTAL SOURCES 585 748 1.400 7.485 0 0 0 0 0 10.218 2014 2019 Capital improvement Program 12 86 0 0 TRANSPORTATION COMMITTEE - Meeting Minutes June 25, 2013 — 5:15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Joe Duffie; Acting Chair, Dennis Robertson and De'Sean Quinn Staff: Bob Giberson, Frank Triage, Cyndy Knighton, Peggy McCarthy, Derek Speck, Jack Pace and Gail Labanara Guest: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. TUC Pedestrian/Bicycle Bridge — Acceptance of State Regional Mobility Grant Staff is seeking Council approval to accept construction grant funding from the State Regional Mobility Program to build the TUC Pedestrian/Bicycle Bridge. With Council consent, staff applied for the grant funding in October 2012. The grant was successful for the full $6,870,000 and there is a 20% local match that can come from the existing design grant, city funds, and park impact fees. Park impact fees can fund up to $1,600,000, however that may require 16 to 20 years depending on future development. Committee decided to have this item return to Transportation with more information on the the debt schedule for the $1.8M that is not grant funded. Also requested was a schedule of all four of the Park Impact fee projects with projected expenditures and development revenue and the City's legal options for those funds. The City does have the option of borrowing the funds and having the Park Impact fees pay it back as they come in. RETURN TO TRANSPORTATION COMMITTEE WITH ADDITIONAL FUNDING INFORMATION, THEN ON TO C.O.W. AND REGULAR (NOT CONSENT). * B. Tukwila Manufacturing/Industrial Center (MIC) Smart Street Non-Motorized Project Staff is seeking Council approval to accept design grant funding for federal funds from the Puget Sound Regional Council for the Tukwila Manufacturing/Industrial Center (MIC) Smart Street Non-Motorized Project. With Committee consent, staff applied for the grant funding in June 2012 as part of the Walk & Roll Program. Only Part 1 of the grant application was approved for the bicycle facilities on the corridor of E Marginal Wy/Boeing Access Rd/Airport Wy from SR 599 to the north City limits. The design grant is for Sl04,838.00 and requires a 13.5% City match or $16,362.00. UNANIMOUS APPROVAL. FORWARD TO JULY 1, 2013 REGULAR AGENDA. C. TUC Transit Center and Andover Park West Street Utility Relocation Agreement with PSE Staff is seeking Council approval for the facility relocation agreement with Puget Sound Energy (PSE) in the amount not to exceed $738,400 for the Tukwila Urban Center Transit Center. As the relocation of the utility vaults are partially in public right-of-way (PSE's responsibility) and private easement (City's responsibility), there is cost sharing divided between PSE and Tukwila. The two padmount switches are located entirely on private easement and are 100% City responsibility, whereas the two underground vaults are partially in public right-of-way. The funding for the $738,400 relocation costs will come from the construction budget and are partially eligible for reimbursement HAWORD\TC Minutes \ Trans 062513.docx 87 88 TRANSPORTATION COMMITTEE - Meeting Minutes August 27, 2013 -- 5:15 p.m. Conference Room #1 City of Tukwila J Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Dufflc,Dennis Robertson Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Gail Labanara, Peggy McCarthy, Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. IL BUSINESS AGENDA A. Tukwila Urban Center — Pedestrian/Bicycle Bridge Acceptance of State Regional Mobility Grant Staff is seeking Council approval to accept a State Regional Mobility grant in the amount of $6,870,000 for the Tukwila Urban Center Pedestrian/Bicycle Bridge over the Green River Project. Design, environmental review, and permitting are underway, and construction is anticipated to occur over an 18-24 month period. Per a Transportation Committee request nfJuno 25, staff returned today with additional funding information regarding the 20% local match required by the grant award. Staff is proposing an interfund loan from the Water Fund in the amount of $665,000 to account for lower than expected Park Impact Fees. This loan would be repaid by future Park Impact Fees. Cost estimates are currently conservative and fl/utrrestimates will bc provided to Council as the pr jcot progresses. Committee members and staff discussed details and ramifications of the funding proposal as reflected on the draft 2014[l9page 12. The Committee requested that staff return with an alternate proposal that reflects the $665,000 coming from the general fund, and both proposals will be reviewed and compared at that time. There was consensus that the grant should not be accepted until the 20Y6 match is agreed upon. RETURN TO TRANSPORTATION COMMITTEE WITH ADDITIONAL FUNDING INFORMATION. B. Preliminary Draft Resolution Relating to App ' i Program The Transportation Committee is exploring the implementation of an apprenticeship utilization goal for Public Works construction contracts. Committee Chair Kruller prepared a draft resolution based upon Burien's policy for discussion. Staff spoke to the former and current Burien Public Works Directors regarding the frequency of usc there. Committee members and staff discussed the language in the draft resolution. It was agreed that further review is needed and the committee will continue to explore this issue. INFORMATION ONLY. 90 Transportation Committee Minutes September 24,2O/3— Page 2 D. Tukwila Urban Center — Pedestrian Bridge: State Regional Mobility Grant Acceptance Staff is seeking Council approval to accept a State i Mobility gruot in the amount of $6,870,000 for the Tukwila Urban Center Pedestrian/Bicycle Bridge over the Green River Project. Design, environmental review, and permitting are underway, and construction is anticipated to occur over uo|8'24 month period. Per a Transportation Committee request of August 27, staff returned today with further information regarding the required 20% local match and lower than anticipated Park Impact Fees. Staff is proposing to issue General Obligation bonds for the match in the estimated amount of $1,662,000. As Future Park Impact fees come in they will help pay off the debt service. The Committee packet includes a table of financing pros and cons which will aid the Council during budget review. Councilmembers will be given detailed information about the bond issues at a later date. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE. E. Southcenter Parkway Extension Project Completion and Acceptance Staff is seeking Council approval for project completion and release of retainage to Scarsella Brntbcrx, Inc. in the amount of $18.602,159.72 for Southcenter Parkway Extension Project. Construction of this project was completed on February 26, 2013. Thirty-one change orders were cxoontcd, with thc majority of cost increases due to Nationwide 14 Permit approval delay, the [}S Army Corps of Engineers' decision on revisions to the Tukwila 205 Levee, and compliance with ADA standards. Committee members and staff discussed details regarding an anticipated $681^600 in Sanitary Sewer Connection Charge revenue. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE. F. Prnpoxcd20|4'20\9 Capital Improvement Program Residential, Bridges and Arterial Street Projects The Proposed 20 14-2019 Financial Planning Model and Capital Improvement Program will be presented to the City Council for adoption later this year. Staff provided the Committee with an overview of the Residential and Bridges and Arterial Street projects included in the proposal. Committee members referred to their CIP notebooks (pages 1'31) for these chapters as staff briefly described each pr 'ocLlNFORMAT[ON ONLY. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) Meeting Committee Chair Kruller mentioned that the 3 scenarios described on Page 3 of the August 20 meeting summary w ro developed with ontdutodinfonnudoo and corrections are bcing addressed. She also stated that SCATBD is reviewing the list of Senate 2014 Transportation Reforms. INFORMATION ONLY. IV. MISCELLANEOUS Committee Chair Kruller stated that she placed copies of iofhuoudoo relating to WSDOT's Puget Sound Gateway Project in committee members' bdboxos. Meeting adjourned o/�52 p.oz Next meeting: Tuesday, October 15, 2013 //=/ Committee Chair Approval Minutes by LH, Reviewed by GL. 92 Upcoming Meetings & Events October 2013 The old South 178th Street will be closed from September 30th through October 30th, depending on weather, for the final paving and utility tie -ins from the old to the new roadway. Visit ............................:. uI v [I vw :..goy.L ......1...7 .:.. I 14th (Monday) 15th (Tuesday) 16th (Wednesday) 17th (Thursday) 18th (Friday) 19th (Saturday) ➢ Community Affairs & Parks Cmte, 5:15 PM (CR #3) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council ( Chamber's) D Transportation Cmte, 5:15 PM (CR #1) ➢ Parks Commission, 5:30 PM (Community Center) ➢ Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59`" Ave S,) Tukwila Pool 40th Birthday Bash! -Swim or sponsor a swimmer for the swim - a - thon from 10:00 - 11:00 AM - Special open swim from 1:00 - 5:00 PM - Purchase a 3 -month pass for $40! Restore the Duwamish Shoreline Challenge 10:00 AM— 2:00 PM Meet at the Green River Trail @ BECU Campus (12770 Gateway Drive) For more information: lo vlv.foia21,1. arWevents. Volunteer Work Party at Duwamish Hill Preserve 10:00 AM— 1:00 PM Meet at the parking lot at 115th St. entrance. For more information: w.... prterra. .................... .......................... 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) 25th (Friday) 26th (Saturday) ➢ Utilities Cmte, 5:00 PM (CR #1) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Tukwila Metropolitan Park District Board oard of Commissioners, 8:00 PM (Council Chambers) D Finance & Safety Cmte, 5:30 PM (CR #3) ➢ COPCAB, 6:30 PM (CR #5) ➢ Planning Commission, Cancelled ➢ Training Session for Planning Commissioners 630 pm (Council Chambers) Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 -10:00 AM For location or information contact Sharon Mann 206- 200 -3616 Pumpkin Plunge Come take a plunge and pick out your favorite pumpkin. Fee: $5.00 (( r1 / /(jj( I i J /� 3:00 -5:00 PM (Tukwila Pool, 4414 S 144`x` St.) ➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 (A) A contract with King County for Community Development Block Grant (CDBG) funds for the 2013 Minor Home Repair. (B) A lease extension for the Way Back Inn. (C) A permit user fee for technology investments. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Thurs., 6:30 PM, Conf. Rm #5. Chris Partman (206 -431- 2197). > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf Room #3 ➢ Parks Commission: 3rd Wed., 5:30 PM, Meeting Room B at Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf Room #1 (A) Draft Resolution Relating to Apprenticeship Program. (B) 2013 Transportation Work Plan Update. > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861 >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. 93 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. October 7 14 21 28 See agenda packet Consent Agenda: Special Presentation: cover sheet for this - Howard Hanson Dam Facilities Study week's agenda Flood Control Update. (October 14, 2013 Measures Removal - Committee of the Whole Project Closeout. Meeting). -A resolution for the cancellation of and reporting 2013 unclaimed property to the WA State Dept. of Revenue. -An ordinance amending Ordinance No. 2408 regarding the Final Assessment Roll for LID 33. Unfinished Business: -An ordinance amending the Comprehensive Plan. -An ordinance updating the TMC for the Parks Commission. -An ordinance granting a non - exclusive franchise to Electric Lightwave, LLC. - Accept as complete the Southcenter Parkway Extension Project with Scarsella Brothers, Inc. and authorize release of retainage bond, subject to the standard claim and lien release procedures. - Accept a State Regional Mobility Grant in the amount of $6,870,000 for the Tukwila Urban Center Pedestrian Bridge. -An ordinance on Council Compensation. 94