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HomeMy WebLinkAboutTIC 2020-08-03 COMPLETE AGENDA PACKETCity of Tukwila Transportation and Infrastructure Committee ❖ Cynthia Delostrinos Johnson, Chair ❖ Verna Seal ❖ Kate Kruller AGENDA Distribution: City Attorney (email) C. Delostrinos A. Youn Johnson (email) Clerk File Copy V. Seal (email) 2 Extra K. Kruller K. Hougardy(email) Place pkt pdf on SharePoinl D. Quinn Z Trans & Infra Agendas L. Humphrey H. Ponnekanti email cover to: F. Ayala, H. Kirkland A. Le, C. O'Flaherty, A. G. Labanara Youn, B. Saxton, S. Norris, B. Still (email) L. Humphrey MONDAY, AUGUST 03, 2020 - 5:30 PM Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 592 261 533# (6300 BUILDING, SUITE ) Item Recommended Action Page 1. PRESENTATIONS 2. BUSINESS AGENDA a) Ordinance - Astound Franchise 1-Year Extension a) Forward to 08/17/20 Regular Pg. 1 (Joel Bush and Joseph Todd) Consent Agenda b) Ordinance - Interim Flood Plain Management c) Forward to 08/10/20 Committee of Pg. 7 (Ryan Larson) the Whole c) 42" d Ave S Bridge Closure b) Discussion only Pg. 31 (Adam Cox) 3. MISCELLANEOUS Future Agendas: Next Scheduled Meeting: Monday, August 17, 2020 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. ■ City of Tukwila Al la n Ek berg, M ayor Public Works 0epar€ment - Hari Ponnekand, Intedrn Director ,t INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Joseph Todd, CIO & Director Tukwila Technology & Innovation Services BY: Eric Compton, Franchise & Technology Specialist CC: Mayor Ekberg DATE: July 31, 2020 SUBJECT: Astound Broadband, LLC Franchise Agreement Ordinance No. 2445 Amendment and Extension of Franchise ISSUE Approve an ordinance amending Ordinance No. 2445 extending the franchise term with Astound Broadband, LLC, to August 11, 2021, and amending ordinance to allow for additional extensions in one-year increments at the City's discretion. BACKGROUND State law provides cities the authority to establish franchises to telecommunication providers who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all telecommunication providers to obtain franchise agreements with the City prior to approval to construct, maintain and operate within the City limits. On August 4, 2014, the City Council passed Ordinance No. 2445, granting a five-year franchise to Astound Broadband, LLC (d.b.a. "Wave"). The current franchise agreement term ends on August 11, 2020 and allows for a single one-year extension. DISCUSSION A request to extend the franchise agreement by five years was submitted by Wave on January 6, 2020. Section 3 of Ordinance No. 2445 allows the City to extend the franchise by up to one year beyond the term of the expiration date. Staff recommends amending the ordinance to allow for additional extensions in one-year increments and granting another one-year extension to allow time for a new franchise agreement to be developed and agreed upon by both parties. FINANCIAL IMPACT There is no direct financial impact to the one-year extension but developing a new franchise agreement will require staff time to complete. RECOMMENDATION Council is being asked to approve the Ordinance that amends Ordinance 2445 and extends the Astound Franchise Agreement for one year and to consider this item at the August 3, 2020 Transportation and Infrastructure Committee meeting and subsequent on the Consent Agenda on the August 17, 2020 Regular Meeting. ATTACHMENTS • Draft Ordinance • Letter of Request for Extension 191VAS 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2445, THE ASTOUND BROADBAND, LLC, FRANCHISE AGREEMENT, TO AMEND THE FRANCHISE TERM LANGUAGE AND PROVIDE FOR A ONE-YEAR EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council passed Ordinance No. 2445 on August 4, 2014, granting a five-year franchise to Astound Broadband, LLC, for the purposes of constructing and maintaining a telecommunications system in certain public rights -of -way in the City; and WHEREAS, Ordinance No. 2607, passed on June 17, 2019, authorized an extension of the franchise granted to Astound Broadband, LLC, for a one-year period, pursuant to Section 3 of Ordinance No. 2445; and WHEREAS, the franchise agreement has a current expiration of August 11, 2020; and WHEREAS, Astound Broadband, LLC, and the City desire an additional extension of the franchise to facilitate continued negotiation of a new franchise agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2445, §3, is amended to read as follows: 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. However, this Franchise Agreement shall not take effect and Astound shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If Astound requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise Agreement fer up to one year in one-year incremeniz. beyond the expiration W: Legislative DevelopmentW,stound Broadband amendment and extension 7-23-20 EC:bjs Review and analysis by Barbara Saxton Page 1 of 4 2 date to allow processing of the renewal. If the City elects to extend the term of this Franchise Agreement, written notice of the extension shall be provided to Astound prior to the Franchise expiration date. Section 2. Franchise Term Extended. A one-year extension of the franchise for Astound Broadband, LLC, is hereby granted to allow for processing of a renewal franchise, thereby extending the current franchise term through August 11, 2021. Section 3. Acceptance of Terms and Conditions. The full acceptance of this amendment and extension to the Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 10 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of Astound to file said consent within 10 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 4. 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 5. 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 of constitutionality of the remaining portion of this ordinance or its application to any other person or situation. Section 6. 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 ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Allan Ekberg, Mayor . 2020. Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Legislative Development\Astound Broadband amendment and extension 7-23-20 EC:bjs Review and analysis by Barbara Saxton Page 2 of 4 3 Office of the City Attorney Attachment: Exhibit A — Franchise Agreement Amendment and Extension Acceptance Form W: Legislative Development\Astound Broadband amendment and extension 7-23-20 EC:bjs Review and analysis by Barbara Saxton Page 3 of 4 4 EXHIBIT A Astound Broadband, LLC, Amendment and Extension Acceptance Form Date: City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila WA 98188 Re: Ordinance No. , adopted on Dear City Clerk: In accordance with and as required by Section 3 of City of Tukwila Ordinance No. passed by the City Council and approved by the Mayor on (the "Ordinance"), Astound Broadband, LLC, hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, ASTOUND BROADBAND, LLC Signature Name: Title: Date: cc: TIS Director, City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188 W: Legislative DevelopmentW,stound Broadband amendment and extension 7-23-20 EC:bjs Review and analysis by Barbara Saxton Page 4 of 4 5 From: Joe Kahl <loe.kahl@rcn.net> Sent: Monday, January 6, 2020 1:52 PM To: Cyndy Knighton <Cyndy.Knighton @TukwilaWA.gov> Subject: Re: Astound Broadband City of Tukwila, WA Telecom Franchise Renewal Hi Cyndy, Happy New Year. As you know, the Telecom Franchise Agreement between the City of Tukwila and Astound Broadband, LLC was extended effective June 25th, 2019 to August 11th, 2020. We would like to extend the agreement an additional 5 years to August 11th, 2025. Is there anything needed from Astound Broadband at this point to begin the process for approval? Please let me know. Thanks, Joe Joseph Kahl Vice President, Regulatory and Public Affairs 650 College Road East, Suite 3100 Princeton, NJ, 08540 (609) 681-2184 (Direct Dial) (609) 306-0901 (Cell) joseph.kahlkrcn.net (E-mail) W_ * f�u� wave 1.1 City of Tukwila Allan Ekberg, Mayor Public Works Department- Bari Ponnekanti, interim Director TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Interim Public Works Director BY: Ryan Larson, Program Manager CC: Mayor Ekberg DATE: July 31, 2020 SUBJECT: Interim Flood Plain Management Ordinance Update ISSUE Adopt an interim Flood Plain Management Ordinance to comply with FEMA requirements. BACKGROUND The City's Flood Plain Management Ordinance was passed in 1980 and updated in 1988 and 2002.On May 15, 2020, the Federal Emergency Management Agency (FEMA) notified Washington jurisdictions participating in the National Flood Insurance Program (NFIP) that our Flood Ordinance would require updates to comply with new federal and state regulations and to adopt revised Flood Insurance Rate Maps (FIRMs) by August 19, 2020. Failure to meet this deadline will result in Tukwila being temporarily suspended from the Flood Insurance program and residents will be unable to obtain flood insurance, receive a federally backed mortgage, and disaster assistance for properties within an identified flood hazard until the new regulations are adopted. Public Works used the State's model flood ordinance as a template to update the Flood Ordinance. The Transportation and Infrastructure Committee reviewed the changes at the July 20, 2020 meeting. This draft was sent to the Department of Ecology (DOE) and Department of Commerce for review and approval. The ordinance is undergoing Department of Commerce and SEPA review and a final determination will not be completed until after the required ordinance adoption date. DISCUSSION To meet the required August 19, 2020 adoption date, an interim Flood Plain Management Ordinance was drafted based on the draft ordinance currently under review. This interim ordinance will allow the required changes to go into effect by the FEMA deadline and will allow the permanent ordinance to complete the required review process. The interim ordinance adopts revised FIRMs that better reflect the actual Special Flood Hazard Areas (SFHA) within the City. The FIRM updates were done for all jurisdictions along the Green River. In addition, the interim ordinance also clarifies language concerning development within SFHA. Substantive updates include: • Revised definitions that more closely follow the definitions used by DOE • Revised code language changes to match language used by DOE • A provision to exclude storage or processing of hazardous materials • A provision to include filling and grading as activities requiring a flood permit • A provision limiting uses of areas constructed below the lowest floor to parking and storage FISCAL IMPACT Additional development and land clearing activities within the SFHA will now be regulated. This will require additional staff time to review and approve Flood Permits. RECOMMENDATION Council is being asked to approve the interim Flood Plain Management Ordinance and consider this item at the August 10, 2020 Committee of the Whole meeting and subsequent August 17, 2020 Regular Meeting. Attachments: Interim Flood Plain Management Ordinance https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/2. Interim Flood Plain Management Ordinace/Info Memo_Floodplain Management Ordinance V2.docx 7 97:7_\21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2038, AS CODIFIED AS CHAPTER 16.52, "FLOOD PLAIN MANAGEMENT;" REENACTING TMC CHAPTER 16.52 TO PROVIDE FOR INTERIM FLOOD PLAIN MANAGEMENT REGULATIONS AND POLICIES AS REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM; ESTABLISHING SIX MONTHS AS THE EFFECTIVE PERIOD FOR THE INTERIM ORDINANCE; ADOPTING FINDINGS; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, flood hazard areas in Tukwila are subject to periodic inundation which may result in loss of life or property, may create health or safety hazards, may disrupt commerce or governmental services, may cause extraordinary public expenditures for flood protection and relief, or might impair the tax base, all of which adversely affect the public health, safety, and general welfare; and WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and damage uses in other areas when inadequately anchored; and WHEREAS, uses that are inadequately flood -proofed, elevated or otherwise protected from flood damage can contribute to losses due to flooding; and WHEREAS, the Legislature of the State of Washington delegated the responsibility to local governmental units of adopting regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, in Title 86 of the Revised Code of Washington, the Legislature of the State of Washington authorized local governmental agencies to regulate use and development of flood hazard areas within their jurisdictions in order to reduce such hazards; and W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 1 of 23 8 WHEREAS, on July 27, 2020, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony on the proposed flood ordinance; and WHEREAS, to remain eligible for the National Flood Insurance Program (NFIP), the City of Tukwila is required to adopt updated regulations that meet or exceed the requirements of Section 60.3, Chapter 1, Title 44 of the Code of Federal Regulations (CFR) by August 19, 2020; and WHEREAS, if Tukwila is suspended from the NFIP, residents will be unable to purchase flood insurance, renew existing flood insurance policies, or obtain Federal mortgage insurance or loan guarantees for properties within an identified flood hazard area, and federal grants, loans, and disaster assistance will not be available to properties within an identified flood hazard area; and WHEREAS, on May 26, 2020, the Federal Emergency Management Agency (FEMA) confirmed in writing that the adoption of interim controls is an acceptable approach to maintain eligibility in the NFIP until such time permanent regulations are adopted, provided that such permanent regulations are adopted within six months of the effective date of this ordinance; and WHEREAS, a delay in the adoption of the final regulations will provide sufficient time to obtain a Washington State Environmental Policy Act (SEPA) determination and approval from the Department of Commerce on the final regulations; and WHEREAS, the City Council may adopt interim regulations for a period of up to six months so long as the City Council holds a public hearing on the interim regulations as required by RCW 35A.63.220 within 60 days of adoption of the interim regulations; and WHEREAS, pursuant to Washington Administrative Code (WAC) 197-11-880, the adoption of this interim ordinance is exempt from the requirements of a threshold determination under the Washington State Environmental Policy Act (SEPA); and WHEREAS, the City Council finds that an emergency exists and this interim ordinance is necessary for the immediate protection of public health, public safety, public property, and public peace; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact and/or Conclusions of Law of the City Council pursuant to the requirements of RCW 35A.63.220. Section 2. Repealer. Ordinance No. 2038, as codified as Tukwila Municipal Code (TMC) Chapter 16.52, "Flood Plain Management," is hereby repealed in its entirety and is replaced with interim controls as provided for in Sections 4 through 19 of this ordinance. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 2 of 23 9 Section 3. Duration of Interim Controls. This interim ordinance shall be in effect for six months, commencing on August 19, 2020 and ending on February 19, 2020, unless extended or unless a final ordinance is adopted amending the Tukwila Municipal Code and rescinding the interim controls before February 19, 2021. Section 4. TMC Chapter 16.52 Reenacted. TMC Chapter 16.52 is hereby re- enacted to read as follows: CHAPTER 16.52 FLOOD PLAIN MANAGEMENT Sections: 16.52.010 Auth6r4ty-Statutory Authorization 16.52.020 Purpose 16.52.030 Definitions 16.52.040 Applicability 16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas 16.52.060 Interpretation 16.52.070 Warning and Disclaimer of Liability 16.52.080 Administration 16.52.090 Permits 16.52.100 Standards 16.52.110 Floodways 16.52.120 Critical Facility 16.52.125 Compliance 16.52.130 Penalties 16.52.140 Abrogation and Greater Restrictions Section 5. TMC Section 16.52.010 is hereby reenacted to read as follows: 16.52.010 Authority y Statutory Authorization The Legislature of the State of Washington delegated the responsibility to the City of Tukwila to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Section 6. TMC Section 16.52.020 is hereby reenacted to read as follows: 16.52.020 Purpose This chapter aims to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas, by provisions designed to: W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 3 of 23 10 1. Protect human life and health; 2. Minimize expenditure of public money and costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and. 9. Participate in and maintain eligibility for flood insurance and disaster relief. Section 7. TMC Section 16.52.030 is hereby reenacted to read as follows: 16.52.030 Definitions Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. ._ C�,\\�lJ'\'I�t1t1�1�1!��:�!►�ll�ll:t7 \7'L �L li�ias�11�1i���li 1" INNY 1. Alteration of watercourse: Any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. - -. Appeal mn,eaR A request for a review of the interpretation of any provision of this chapter or a request for a variance. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 4 of 23 11 3. Area of shallow flooding: A designated zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area. 4. Area of special flood hazard: The land in the floodDlain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, Al-30, AE, A99, AR N. VO. V1-30. VE). "Special flood hazard area" is svnonvmous in meanina with the phrase "area of special flood hazard". 5. ASCE 24: The most recently published version of ASCE 24, "Flood Resistant Design and Construction", published by the American Society of Civil Engineers. 56. Base flood:,,,eaRs The flood having a 1 % chance of being equaled or exceeded in any given designation on mans always year; �44s—also referred innlu des the letter A to as the "100-year flood"). 4s 7. Base Flood Elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood. 68. Basement: *_ TAny area of the building having its floor sub -grade (below ground level) on all sides. 9. Building: See "Structure." 10. Buildina Code: The current editions of the buildina codes and amendments adopted by Washington State and amended by the City of Tukwila. 11. Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. 712. Critical facility_ ffieanTA facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools; nursing homes; hospitals; police, fire and emergency response installations; and installations `"'hamthat produce, use, or store hazardous materials or hazardous waste. 613. Development: „jeans Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations aPA-or storage of equipment or materials located within the area of special flood hazard. 914. Director: meaRTThe Director of Public Works or h�&-designee. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 5 of 23 12 15. Elevation Certificate: An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F). 44-16. Elevated building: 4;4e aRsFor insurance purposes, a non -basement building ` NGh—that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. 17. Essential facility: This term has the same meaning as "Essential Facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies buildina occuaancies that are essential facilities. ;DIM ]MUM,AC72M R=rsaz .._ _r 18. Flood or Flooding: means (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: a-M The overflow of inland or tidal waters;_ and/er b-.0 The unusual and rapid accumulation or runoff of surface waters from any source...; and/or (3) Mudslides (i.e., mudflows), which are proximately caused by flooding as defined in subparagraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited alona the path of the current. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 6 of 23 13 (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarlv unusual and unforeseeable event that results in floodina as defined in subparagraph (a)(1) of this definition. 19. Flood elevation study: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination. evaluation and determination of mudslide (i.e.. mudflow) and/or flood - related erosion hazards. Also known as a Flood Insurance Study (FIS). 20. Flood Insurance Rate Map (FIRM): means The official map of a community on which the Federal Insurance Administrator has delineated both the ass o' special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 21. Floodalain or flood -prone area: Any land area susceptible to being inundated by water from any source. See "Flood or Flo-oding.,, 22. Floodalain Administrator: The community official desianated by title to administer and enforce the floodplain management regulations. 23. Floodalain manaaement reaulations: Zonina ordinances. subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof. that Drovide standards for the Duraose of flood damaae Drevention and reduction. 24. Flood oroofina: Anv combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood -proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 7 of 23 14 2325. Floodway_ means The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one feet a designated height. Also referred to as "Regulatory Floodway." 26. Functionally dependent use: A use that cannot perform its intended e unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include Iona -term storaae or related manufacturina facilities. 27. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 28. Historic structure: Any structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district Preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior, or (2) Directly by the Secretary of the Interior in states without approved programs. 2-429. Lowest floor_:meaRTThe lowest floor of the lowest enclosed area (including basement). if- An unfinished or flood -resistant enclosure, 06 used usable solely for "ohmparking of vehicles, building access; or storage,, Of�rcrniTeRGIOS Fe is in an area other than a basement area, `�nu„d Of th;u en^'�uFe is not considered a building's lowest floor, provided that such enclosure on an apron ^+her than a basement is not built so that as to render the structure meets in violation of the applicable non -elevation design requirements of this chapter (i.e. provided there are adequate flood ventilation openings) fer nenresidential GenStFUGtien, the enGIGSUre is nOt Gensidered the struGture' lewest fleG�r. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 8 of 23 15 ?530. Manufactured home A structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." Manufactured home park or subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 32. Mean sea level: For purposes of the National Flood Insurance Program, the vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. 2733. New construction_: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after 4491, the effective date of F kwila's erigiRal flee dnlain management reg ilatieRs an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. MU TY, - Me 2-934. "NFIP" means National Flood Insurance Program. 35. One -hundred -year flood or 100-year flood: See "Base flood." 36. Reasonably safe from flooding: Development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered "A" zones where flood elevation information is not available and cannot be obtained by practicable means, "reasonably safe from flooding" means the lowest floor is at least two feet above the Highest Adjacent Grade, 3037. Recreational vehicle: A vehicle: a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection c. Designed to be self-propelled or permanently towable by a light -duty truck; and d. Designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 9 of 23 16 1STON "I -32-38. "Special Flood Hazard Area S( FHA)"_meaRTThe land in the flood plain subject to a 1 % or greater chance of flooding in any given year. It is also referred to as the 100-year flood elevation or the base flood elevation. These areas are designated on Flood Insurance Rate Maps (FIRMs) using the letters A or V. Special flood hazard areas include flood -prone areas designa ted by the City. -3439. Start of construction_: Fnea ;S Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement wed was within 180 days from the date of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. -540. Structure: means For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank., that is principally above ground., as well as a manufactured home. 3641. Substantial Damage:,,,eaRs Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 3742. Substantial improvement: mean-s Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed -market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damaae." reaardless of the actual repair work performed. The term does not. however. include either: W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 10 of 23 17 - 7a. Before the improvement or repair isstarted, erAny project for improvement of a structure to GO tcorrect previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum why? necessary to assure safe living conditions; or {2-}b. Befere damage e GGGYFF d, Of t#cGtFUetUFe is belRg Fe&tered-Any alteration of a "historic structure," StFUEture listed en the National Regis+of Histo iG PIaEeser a State ieveRteFY of hiGteri-pteEesrprovided that the alteration will not preclude the structure's continued designation as a "historic structure." •- - 43. Variance: A grant of relief by a community from the terms of a floodplain management regulation. 44. Violation: The failure of a structure or other development to be ful compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is a arant of relief by a communitv from the terms of a floodplain management regulation. 45. Water surface elevation: The height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 46. Water Dependent: A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 8. TMC Section 16.52.040 is hereby reenacted to read as follows: 16.52.040 Applicability This chapter applies to all special flood hazard areas within the City of Tukwila jurisdiction. Section 9. TMC Section 16.52.050 is hereby reenacted to read as follows: 16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas A. The basis flood hazard areas identified by the Federal Insurance Administratoriee is -in a scientific and engineering report entitled "The Flood Insurance W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 11 of 23 18 Study (FIS) for King County, Washington and Incorporated Areas" dated no^omhor a 2404—August 19, 2020, and any revisions thereto, with An accompanying Flood Insurance Rate Maps (FIRMs) dated August 19, 2020, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The Fleed InsuranGe and the FIRM are on file at 6300 Southcenter Boulevard, Suite 100. The best available information for flood hazard area identification as outlined in TMC Section 16.52.080. 2 shall be the basis for regulation until a new FIRM is issued which incorporates this data. Section 10. TMC Section 16.52.060 is hereby reenacted to read as follows: 16.52.060 Interpretation In the interpretation and application of TMC Chapter 16.42, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. Section 11. TMC Section 16.52.070 is hereby reenacted to read as follows: 16.52.070 Warning and Disclaimer of Liability The degree of flood protection required by TMC Chapter 16.52 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Tukwila, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. Section 12. TMC Section 16.52.080 is hereby reenacted to read as follows: 16.52.080 Administration A. The Public Works Director is hereby appointed to administer-and, implement, and enforce this ordinance by granting or denying development permits appli tien& in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these arovisions W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 12 of 23 19 B. The Director may: 1. Restrict or prohibit Se:WhiGh Fnight GFeate a Egerdevelopment that is dangerous to health, safety, and property due to water or erosion hazards, or which might R ,�ease-result in damaging increases in erosion, or in flood heights or flood velocities; 2. Require that uses development vulnerable to floods, ORGludiRg fa^i14086 cor.,inn cij^h uses, be Genc+ri Gted to protect be protected against flood damage at the time of initial construction; 3. Control the alteration of saw^teeter features SUGh as natural floodplains, stream channels, and natural protective barriersL +ha+ retain which help accommodate or channel flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers that would unnaturally divert floodwaters or that might increase flood hazards in other areas. BC. The Director's duties shall include, but shall not be limited to: 1. Permit Review. a. Review all development permits to determine that the permit requirements of this chapter have be en satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. c. The site is reasonably safe from flooding. Ed. Review all development permits to determine if the proposed development is located in the floodway, and ensure that the encroachment provisions of TMC Section 16.52.110, "Floodwaysi' are met. Area. e. Notify FEMA when annexations occur in the Special Flood Hazard 2. Special Flood Hazard Area. a. When base flood elevation data has not been provided in A zones, the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer TMC Chapter 16.52. b. Where flood elevation data is not available either through the Flood 'Nance may FIS, FIRM, or from another authoritative source (TMC Section 16.52.080), theDireEtershall review applications for building n&m* floodplain development shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 13 of 23 20 Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. c. Where needed, the Director shall interpret exact location of the boundaries of the areas of special flood hazards — for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The Director shall provide the person contesting the boundary location a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). ). Changes to Special Flood Hazard Area. a. If a project will alter the Base Flood Elevation (BFE) or boundaries of the Special Flood Hazard Area (SFHA), then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a Letter of Map Change, then the project proponent shall initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR. b. If a CLOMR application is made, the project proponent shall also supply the full CLOMR documentation package to the Floodplain Administrator to be attached to the floodplain development permit, including all required property owner notifications. 34. Watercourse Alteration. a. Notify adjacent communities and the Department of Ecology (DOE) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration through appropriate notification means. (44 CFR 60.3(b)(6)) b. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. In formationManagementto be Obtained and Maintained. a. Where base flood elevation data is provided through the Flood Inca iranGe Study FIS, FIRM, or required as in TMC Section 16.52.080.9C.2, obtain and maintain a record of the actual as -built elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and ascerta;R whether or not the structure contains a basement. b. For all new or substantially improved flood -proofed nonresidential structures where base flood elevation data is provided through the Fleed Inc„ranno FIRM, or as required in TMC Sectior 16.52.080J�C.2: (1) Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was flood-proofed—,and, W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 14 of 23 21 16.52.090, D.3. issuance. (2) Maintain the flood -proofing certifications required in TMC Section c. Certification required by TMC Section 16.52.110.A.1. d. Records of all variance actions. includina iustification for their e. Improvement and damage calculations. ef. Maintain for public inspection all records pertaining to the provisions of this ordinance. Section 13. TMC Section 16.52.090 is hereby reenacted to read as follows: 16.52.090 Permits A. A Flood Zone Control Permit (FZCP) shall be obtained before construction or development begins within any area of special flood hazard established in TMC Section 16.52.050. The permit shall be for all structures including manufactured homes, as set forth in the "Definitions," and for all development including clearing, filling, grading, and other activities. also as set forth in the "Definitions." B. Application for an FZCP shall be submitted with the project application for a clearing and grading permit, shoreline permit, plat or subdivision permit, or a building permit, whichever comes first. C. An FZCP is a Type 1 permit processed pursuant to TMC Section 18.108.010. D. Application for an FZCP shall be made on forms furnished by the City and shall meet the City's standards for plan submittals. The applicant must provide the following information: 1. Elevation in relation to mean sea level, of the lowest floor(including basement) of all structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator; 2. Elevation in relation to mean sea level to which any structure has been flood -proofed; 3. Where a structure is to be flood -proofed, certification by a registered professional engineer or architect that the flood -proofing methods for any nonresidential structure meet tN—,flood-proofing criteria in TMC Section 16.52.100 13.2; 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development..-1 5. Where development is proposed in a floodway, an engineering analysis determination of no rise of the Base Flood Elevation, and 6. Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 15 of 23 22 Section 14. TMC Section 16.52.100 is hereby reenacted to read as follows: 16.52.100 Standards A. General Standards. In all areas of special flood hazards, the following standards are required: 1. Elevation. Where flood elevation data is not available, either through the FIRM or from another authoritative source, all new construction and substantial improvements shall be elevated at least two feet above the highest adjacent grade. 2. Anchoring. a. All new construction and substantial improvements, including those related to manufactured homeE shall be anchored to prevent flotation, collapse, or lateral movement of the structure , esulting from hydrodynamic and hydrostatic loads, including the effects of auoyancy b. All manufactured homesmust %e-shag be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors�reierenGe FEIVIA's "MaRufaGtured Home InstallatiOR on Flood Hazard Areas" guidebeek for additienal tonhRiq e-&) 3. Construction Materials and Methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. All new construction and substantial improvements on slopes shall have drainage paths to guide floodwaters around and away from proposed structures. d. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Storage of Materials and Equipment. a. The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding are prohibited in special flood hazard areas. b. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warnina. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 16 of 23 23 45. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; b. A proposed water well shall be approved by Department of Ecology (`^G173 1�r) and be located on high ground that is not in the floodway; c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and d. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. -56. Subdivisions Proposals and Development. All subdivisions, as well as new development shall: a. A" sub diVisieR prepesals shall -bBe consistent with the need to minimize flood damage; b Alll sub di„isi^n piepesnr^r,^sal shall public utilities and facilities - such as sewer, gas, electrical and water systems - located and constructed to minimize or eliminate flood damage; c n" sub. oyos i.,r, ils shall "Have adequate drainage provided, to reduce exposure to flood damage; and, d. \VVh^r^ base fleed elevatiGR data haS n�vc r'cR provided -GF OS RE)t available from aRether +tati�i�UFi+^ it shall be geRerated f^r Where subdivision proposals and other proposed developments t4at-contain at lea&t-greater than 50 lots or 5 acres (whichever is less -the lesser), base flood elevation data shall be included as part of the application. B. Specific Standards. In all areas of special flood hazards where Base Flood Elevation data has been provided as set forth in TMC Section 16.52.050 or TMC Section 16.52.080.C.2, the following provisions are required: 1. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the Base Flood Elevation. Mechanical equipment and utilities shall be waterproofed or elevated one or more feet above the Base Flood Elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, and must meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 17 of 23 24 (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential Construction: a. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation, or elevated as required by ASCE 24, whichever is greater, or together with attendant utility and sanitary facilities, shall: (1) Be dr flood -proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry flood -proofed to the elevation required by ASCE 24, whichever is greater; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based onthat eRgineeF's OF arnh'teGt'c- their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in TMC Section 16.52.080.C.5. b. Nonresidential structures that are elevated, not flood -proofed, must meet the same standards for space below the lowest floor as described in TMC Section 16.52.100, B.1.b., for residential construction. c. The City shall notify applicants who propose to flood -proof nonresidential buildings that flood insurance premiums will be based on rates that are one foot below the flood -proofed level (e.g. a building flood -proofed to the base flood level will be rated as one foot below). Flood -proofing the building an additional foot will reduce insurance premiums significantly. 3. Manufactured Homes: a. All manufactured homes to be placed or substantially improved on sites, outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately -designed foundation system to resist flotation, collapse and lateral movement. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 18 of 23 25 b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either: (1) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. 4. Recreational Vehicles. Recreational vehicles placed on sites are required to either: a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c. Meet the requirements for manufactured homes, including the elevation and anchoring requirements for manufactured homes. 0. LIIIAUJGU tl/CICIJ OG/UVV VIG LUINGJI Floor If buildings or manufactured homes are constructed or substantially improved with fully -enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage. C. Green River. In addition to the general and specific standards in the section, the following standards apply to all areas adjacent to the Green River: 1. Construction/Reconstruction of Dikes/Levees: As part of the flood -proofing for developments adjacent to the Green River through Tukwila, construction or reconstruction of the dike/levee system, in accordance with dike/levee plans and engineering studies, and in accordance with the Green River Management Agreement (AG No. 85-043), will be required as part of the plan submittal. 2. If dike/levee improvements are not required, and the natural riverbank is allowed as bank protection, then a riverbank stability analysis shall be provided to the Public Works Department for review as part of the plan submittal. 3. Dedication of levee/dike/riverbank access construction and maintenance easements on all properties adjacent to the Green River shall, as part of their development, dedicate construction and maintenance easements for access and maintenance of existing or future dikes/levees/riverbanks along the Green River as part of their plan submittal. These easements shall be provided in such a manner so that immediate access is allowed from other public rights -of -way for maintenance and construction of dikes/levees. W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 19 of 23 26 Section 15. TMC Section 16.52.110 is hereby reenacted to read as follows: 16.52.110 Floodways A. €leedwas are lLocated within areas of special flood hazard areas established in TMC Section 16.52.050 are areas designated as floodways. Fleedwat - ,^„+hi.n Since the floodways are an extremely hazardous area due to the high floe, .,ol^^;+cos velocity These^s^ —te. of floodwaters that can carry debris and potential preje^+il and have a high potential for eresigri increase erosion potential, the following provisions apply: 2-1. No Rise Standard. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer eeFt+fie6, is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice-, that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Residential Construction in Floodways. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: (i) repairs, reconstruction, or improvements to a structure that do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (a) before the repair or reconstruction is started. or (b) if the structure has been damaaed. and is beina restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and `e'h�that are the minimum necessary to assure safe living conditions, or to structures identified as historic places, shall Rot be ;,,hided may be excluded in the 50 percent. 3. Substantially Damaged Residences in Floodway. a. For all substantially damaged residential structures located in a designated floodwav, the Floodplain Administrator may make a written request that the Department of Ecology assess the risk of harm to life and property posed by the specific conditions of the floodway. Based on analysis of depth, velocity, flood -related erosion, W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 20 of 23 27 channel migration, debris load potential, and flood warning capability, the Department of Ecology exercise best professional judgment in recommending to the local Permitting authority repair, replacement, or relocation of a substantially damaged structure consistent with WAC 173-158-076. The property owner shall be responsible for submitting to the local government and the Department of Ecology any information necessary to complete the assessment. Without a favorable recommendation from the Department for the repair or replacement of a substantially damaged residential structure located in the regulatory floodway, no repair or replacement is allowed per WAC 173-158-070(1). b. Before the repair, replacement, or reconstruction is started, all requirements of the NFIR the state requirements adopted pursuant to 86.16 RCW, and all applicable local regulations must be satisfied. In addition, the following conditions must be met: (1) There is no potential safe building location for the replacement residential structure on the same property outside the regulatory floodway. (2) A replacement residential structure is a residential structure built as a substitute for a legally existing residential structure of equivalent use and size. (3) Repairs, reconstruction, or replacement of a residential structure shall not increase the total square footage of floodway encroachment. (4) The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of one foot higher than the Base Flood Elevation . (5) New and replacement water supply systems are designed to eliminate or minimize infiltration of floodwater into the system. (6) New and replacement sanitary seweraqe systems are designed and located to eliminate or minimize infiltration of floodwater into the system and discharge from the system into the floodwaters. (7) All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage. GB. All Other Building Standards Apply in the Floodway. If pFepesed se,tnsne Tnar 16.52.1 OOz,T^r, TMC Section 16.52.110.A.1 is satisfied or construction is allowed pursuant to TMC Section 16.52.110.A.2, all new construction and substantial improvements shall comply with all applicable standards h:4 flood hazard reduction provisions of TMC Section 16.52.100. Section 16. TMC Section 16.52.120 is hereby reenacted to read as follows: 16.52.120 Critical Facility Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA). The Director may permit construction of a new critical facility within the SFHA if no feasible alternative is available. Critical facilities constructed within the SFHA shall have the lowest floor W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 21 of 23 28 elevated three feet above base flood elevation or elevated to the 500-year flood elevation, whichever is higher. Flood -proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access to and from the critical facility should also be protected to the height utilized above. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. Section 17. TMC Section 16.52.125 is hereby established to read as follows: 16.52.125 Compliance All development within special flood hazard areas is subject to the terms of this ordinance and other applicable regulations. Section 18. TMC Section 16.52.130 is hereby reenacted to read as follows: 16.52.130 Penalties No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000, or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Tukwila from taking such other lawful action as is necessary to prevent or remedy any violation. Section 19. TMC Section 16.52.140 is hereby reenacted to read as follows: 16.52.140 Abrogation and Greater Restrictions This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 20. 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\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 22 of 23 29 Section 21. Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any Section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. Section 22. Declaration of Emergency — Effective Date. The City Council hereby declares that a public emergency exists necessitating that this ordinance take effect on August 19, 2020, upon its passage by a majority plus one of the whole membership of the Council, and that these interim flood hazard regulations must be imposed as an emergency measure in order to protect the public health, safety, Property and welfare. This ordonanGe or a ;rnmary thereof shall be published in the OffiGial Rewspaper of the Gety, and shall take Gff8Gt and be OR fUll fE)FGe five days after passage and publiGatien--asprovided by law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Kari L. Sand, City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance strike-thru 7-28-20 RL:bjs Page 23 of 23 30 City of Tukwila Allan Ekberg, Mayor Public Works Department- Bari Fannekanti, interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Interim Public Works Director BY: Adam Cox, Transportation Project Manager CC: Mayor Allan Ekberg DATE: July 31, 2020 SUBJECT: 42nd Ave South Bridge In-depth Inspection Project No. 91810404 Bridge Closure/Traffic Reroute - Resident Feedback ISSUE Update Committee on the three-day 42nd Ave South Bridge closure for the in-depth inspection. Staff will present the forthcoming post -inspection report to Committee in the near future. BACKGROUND At the December 2019 Transportation and Infrastructure Committee and City Council meeting, the Committee approved a recommendation by Public Works staff for additional analysis of the bridge beyond the routine King County inspections. Subsequently, the full Council concurred with that recommendation, desiring to have more information to develop options for the bridge's ultimate replacement. Currently, the 42nd Ave S Bridge has a sufficiency rating of 7.56 out of 100, per King County's inspection. Sufficiency ratings are calculated by a formula implemented by the Federal Highway Administration to inventory the nation's infrastructure and to determine allocation of federal funds for bridge replacement. Some of the considerations in establishing a bridge's rating include: Structural Adequacy Serviceability and Functional Obsolescence Special Reductions The City contracted a scope of work that included a more in-depth structural inspection using nondestructive testing. This type of inspection provides a better understanding of how the bridge steel is performing internally. The inspection included ultrasonic thickness measurements of gusset plates and steel members that exhibit areas of corrosion and pack rust. During the inspection, the 42nd Ave S Bridge was closed to all vehicular traffic to allow the inspectors to safely maneuver on the bridge. Public Works staff expressed to Council the necessity of closing the bridge during the inspection in December 2020. An Under -Bridge Inspection Truck (UBIT) was used on July 22 and 23, 2020, to give the inspectors access to all the steel members under the bridge. The inspectors used a boom lift on July 24, 2020, to access all the connection points at the top of the bridge. https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/3. 42nd Avenue South Bridge Closure/InfoMemo 42nd Ave Post Inspection_2020-07-31.docx 31 42nd Ave South Bridge Closure July 31, 2020 Page 2 ANALYSIS The City attempts to limit road and bridge closures whenever possible. On occasion, however, a partial or full closure is the safest or most effective means to perform emergency, investigative, or time -sensitive work. The closure of the 42nd Ave S Bridge was the safest and most expedient way to perform the necessary inspection and this inspection provides information that will be helpful in the City's on -going deliberations about the bridge. Nevertheless, because the bridge closure would be disruptive to many people, a traffic control and road closure communication plan were high priorities. As part of the communication plan, a postcard (which is attached) was created by the City and provided to the post office on Friday, July 17, 2020, to be sent to residents. The postcard expressed that residents would need to use alternate routes during the closure. Additionally, two reader board message signs were placed on northbound and southbound E Marginal Way S in the vicinity of the bridge, in advance, in full compliance with the MUTCD best practices; displaying the dates and times of the upcoming closure per the traffic control plan. The bridge closure notice was also posted on the City's website and social media, including Twitter and Facebook. In addition to communicating with the neighborhood and residential users of the bridge, staff made further efforts to communicate the three-day bridge closure to known commercial operators in the vicinity. BNSF Intermodal Yard and Baker Commodities personnel were informed of the upcoming closure and the City's approved reroute. The City met with BNSF representatives and Baker Commodities since January 2020 on numerous occasions to have clear communication during the bridge closure, including finding days which were least disruptive to their operations, as well as identifying detour routes. Both parties stated that they would broadcast the closure information to the anticipated users, and continuously communicate to their truck drivers that the S 129th St Bridge was the only approved truck detour. During the bridge closure, large trucks, and bobtails (trucks without trailers) were witnessed by local residents using 42nd Ave S and S 115th St as a reroute. Public Works and the Tukwila PD were contacted approximately six times by Allentown residents to be made aware of the continual truck usage. City staff determined that detour signs targeting small vehicular traffic were mistakenly being used by some truck drivers not affiliated with BNSF or Baker Commodities. In an attempt to clarify the truck reroute for these unknown haulers, City staff placed additional signage stating trucks were prohibited to use 42nd Ave S and S 115th St. Many of the trucks obeyed the approved reroute, but some did not. Staff collected and reviewed feedback received from residents and from BNSF. City personnel held a short debrief meeting with BNSF after the inspection to discuss the outcome, as well as lessons learned during the inspection. BNSF felt the bridge closure was handled well, as they did not observe a reduction in the volume of trucks through their facility. Additional feedback from the truck drivers stated that driving on the steep grade of the S 129th St Bridge was easier than what they had originally expected. Two residents voiced concerns about the truck traffic in the neighborhood during the closure. This feedback led to changes that future signage would be needed to clearly differentiate between trucks and smaller vehicular traffic. For example, in the future, staff will display "No Trucks Allowed" signs to indicate that the detour is not intended for trucks and that there should be additional monitoring by the contractor and City staff. It was also communicated that some residents did not receive their postcards until July 21, 2020, which was the day before the closure. https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/3. 42nd Avenue South Bridge Closure/InfoMemo 42nd Ave Post Inspection_2020-07-31.docx 32 42nd Ave South Bridge Closure July 31, 2020 Page 3 Going forward the staff will send notifications much earlier to avoid any possible delays that potentially impact Tukwila residents. NEXT STEPS Staff will present a more detailed summary of the inspection report this Fall, in addition to proposing options for the 42nd Ave S Bridge. The initial results of the inspection, and with continued adherence to load restrictions, indicate there is no need to close the bridge to vehicular traffic immediately. Attachments: Photos Post Card Two Resident Emails https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/3. 42nd Avenue South Bridge Closure/InfoMemo 42nd Ave Post Inspection_2020-07-31.docx 33 42nd Ave S Bridge Closure — In-depth Inspection Photos July 22-24, 2020 34 96-2"-998 The 42nd Avenue South Bridge will be closed to vehicle and pedestrian traffic on Wednesday, July 22nd to Friday, July 24th from 8 a.m. to 6 p.m. • The 42nd Avenue South Bridge is scheduled to have an in-depth inspection of the steel members. • The inspection is tentatively scheduled to be performed on July 22 through July 24th but could take up to two (2) weeks depending on the results of the inspection. • During the inspection, both lanes will be closed to all traffic to allow the inspector complete access to the bridge. • Please contact the Project Manager, Adam Cox, for any additional comments or concerns. City of Tukwila Public Works Department • 6300 Southcenter Boulevard Tukwila, WA 98188 City of Tukwila Adam Cox Project Manager (206) 431-2446 Adam.Cox@Tukwilawa.gov Noa 36 From: Cynthia Delostrinos Johnson Sent: Sunday, July 26, 2020 1:16 PM To: Laurel Humphrey Subject: Fwd: 42nd Ave S bridge... Begin forwarded message: From: Patrice bloch <bloodrootyoga@gmail.com> Date: July 24, 2020 at 3:58:30 PM PDT To: Cynthia Delostrinos Johnson<C.DelostrinosJohnson@TukwilaWA.gov> Subject: 42nd Ave S bridge... Good afternoon! I am a resident of Duwamish/Allentown which is the area most impacted by the bridge closure. This area has been declared a "Critical Area" and is protected from disturbance and alteration according to TMC Chapter 18.45 There are many beautiful species of animals and birds that deserve protection. Our children deserve safety and our pets deserve safety. The river side road is not capable of bearing the weight of 5 ton+ trucks traveling as frequently as BNSF's customers do. We live on 42nd Ave S, so as you can imagine, we've witnessed (and felt!) the uptick in truck traffic after the closure. You may already know that 129th was designated as a reroute for the trucks. I understand fully that this route is inconvenient and the hill is difficult to maneuver for the truck drivers. While I want to be sensitive to the drivers and am fully supportive of workers' rights, we have to let them settle their grievances with BNSF on their own, which I hope they actively do. Meanwhile, I have to stand up for our neighborhood's residents. Despite some permanent and temporary signage as drivers exit the BNSF intermodal yard, drivers are choosing to disregard and are using 42nd Ave S to connect to E Marginal. Turning into Allentown from Marginal, the temporary signs visible to drivers that are turning onto S 115th don't include reroute instructions for trucks, only "detour" signs for cars. The weight restriction "no trucks" sign that is visible on S 115th appears too late to reroute being that there is no turnaround available to large trucks. Ultimately, I'd like for BNSF to provide a traffic enforcer to guide trucks toward the proper reroute for trucks. There needs to be a permanent alternate route that is both safe for the truck drivers and one that encourages them to abide by the "no truck" laws on our streets. It's my personal opinion that it is the 37 responsibility of BNSF, not the city's, to prepare an alternate route for their customers. The 42nd Ave S bridge is in a state of deterioration due to the constant overweight trucks from BNSF's yard repeatedly traveling over it. Our neighbors were in talks with BNSF years ago and were promised that a plan was in place, yet after several years there is no indication that it is going to be implemented. As a side note, BNSF claims to have "been here first" and therefor has rights to the territory that we, as residents, do not. That's a lie. Not only did this land belong to the Duwamish people prior to white settlers, there were white settlers here in 1851 staking claim to this land while the railway did not establish until 1875. The Northern pacific line was completed in 1883. I'm not sure if the BNSF reps know they are lying, but we do. I have contacted Adam Cox several times, I've called the Tukwila Police Department and I spoke with the motorcycle policemen parked at the abandoned fire station. After contacting the Tukwila Police, I was informed that they have not received a directive to address the trucks traveling down our street and I had a few questions: Do the cops need a directive to enforce the law if there is a speeder? A drunk driver? The law is clearly posted and is being disregarded. One should not need a directive. The motorcycle cops I spoke to stated "Well, the bridge is closed. They don't have anywhere else to go" and I informed them of the reroute instructions clearly posted to which they replied "Well, a lot of the drivers are from out of town..." which poses the obvious question... If an out of town driver is disregarding the speed limit sign do they get a pass? If so, why? The same cops also told me that I was not allowed to redirect truck traffic myself as I am planning to do because, well... the LAW. I've witnessed the disregard for law for the past three days, I don't feel obligated got follow the rules. I want to be clear that I intend to protest peacefully and lawfully if the bridge closes temporarily or permanently, but I will not fail to inconvenience BNSF. Thank you immensely for your time and your public service, Patrice Bloch CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. 38 From: Cynthia Delostrinos Johnson <C.DelostrinosJohnson@TukwilaWA.gov> Sent: Sunday, July 26, 2020 11:40 AM To: Laurel Humphrey <Laurel.Humphrev@TukwilaWA.gov> Cc: Adam Cox <Adam.Cox@TukwilaWA.gov> Subject: Fwd: 42nd Avenue S. Bridge Closure Hi Laurel and Adam, I would like to add the 42nd Ave Bridge as a topic of discussion at the next TIC meeting. It will be an opportunity to learn what went well and what can be improved for next time. I imagine this is not the first and won't be the last time the bridge will need to be closed. Adam, feel free to jump in. I think you were able to talk with Mr. Bloch about his concerns. Thanks for passing along my contact info for him to follow up with. I'll respond to him and let him know we'll be talking about this. Laurel - I will be forwarding you two emails for incorporation into the meeting packet on this agenda item. Please let me know if either of you have any questions or concerns. Also feel free to forward this email to others who you think should be looped in. Thanks, Cynthia Begin forwarded message: From: Drue Bloch <andrewmbloch@gmail.com> Date: July 24, 2020 at 2:35:55 PM PDT To: Cynthia Delostrinos Johnson <C.DelostrinosJohnson@TukwilaWA.gov> Subject: 42nd Avenue S. Bridge Closure Good afternoon Cynthia, I was informed by Adam Cox that you are the city council representative that is in charge of transportation. As a resident who lives on 42nd Avenue South I felt compelled to give my personnel assessment of the past shut down of the 42nd ave s bridge for its inspection. To begin, I was aware that something was about to happen when the detour signs began appearing a week before the shutdown. I have to admit that I thought it was inconsiderate to not include the residents most 39 affected earlier in the planning process. Adam told me that BNSF had had a minimum of two weeks advance notice to inform their customers of the reroute yet the residents were not informed until two days before the shut down. I expressed my opinion to Adam and I suggest to you as well that the residents get an opportunity in the future to express their opinions. I think it would have helped in the planning because what transpired was less than acceptable. Adam assured me that BNSF had had ample time to alert their customers to the reroute. However, as early as 6:15 in the AM semi trucks began rolling down 42nd Avenue which, if you do not know, has a weight restriction of 5 tons. I was told by Adam if there were trucks coming down 42nd that I was to call 911 (non emergency) and report it to TPD. I called TPD twice on Wednesday and once on Thursday after I witnessed a car passing a semi in a 25 MPH zone because the semi was doing the speed limit. In addition to TPD I called Adam to see if he could pass the word to whomever might be able to get the trucks to divert to the agreed reroute along S. 129th St. I saw no effect to the flow of trucks based on our repeated phone calls. In summary, I would like to suggest that in the future when there is to be another bridge shutdown, that BNSF is made to hire TPD or post traffic control individuals to monitor the exit of the intermodal yard at S. 124th and at the entrance of the Duwamish/Allentown neighborhood at S. 115th and E. Marginal to prevent the trucks from traveling through a residential neighborhood. That's all it would have taken to avoid me having to bother you with this. I anticipate more shutdowns to come considering the damage that the trucks are causing our bridge. I look forward to a solution sometime in the near future. Thank you for your service to the community, Andrew Bloch CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. 40