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HomeMy WebLinkAboutCOW 2025-05-12 COMPLETE AGENDA PACKETTukwila City Council Agenda 0- 1LA ❖ COMMITTEE OF THE WHOLE ❖ I908 Thomas McLeod, Mayor Counci/members: ❖ Mohamed Abdi •3 Armen Papyan Marty Wine, CityAdministrator ❖ Jovita McConnell ❖ Dennis Martinez Tosh Sharp, Counci/President ❖ Hannah Hedrick ❖ Verna Seal N-SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD EMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join Microsoft Teams eetinq For Technical Support: 1-206-433-7155 Monday, May 12, 2025; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on -site at Tukwila City Hall or via phone or Microsoft Teams for u to inutes for items both on and not on the meeting agenda. To provide comment via hone orMicrosoftTea s, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 4. PRESENTATION a. Mental Health Awareness Month Proclamation Pg.1 5. SPECIAL ISSUES a. Contract with Evergreen Asphalt and Concrete for the 116th Street Parcel Trail Access b. An ordinance establishing a Critical Area Designation Permit and Pre -Application Conference Process Pg.3 Pg.21 6. REPORTS a. Mayor b. City Council c. Staff 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Meetings are audio & videotaped. ILli►` If you are in need of translation or interpretation services at a Council meeting, 124ge please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. 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. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: tt s:// .tu ila aov/e a ents/city-council/ Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, mental health is essential to everyone's overall health and wellbeing, and addressing the mental health needs of children, youth, adults, seniors, and families in Tukwila is fundamental to having a healthy community; and WHEREAS, all people experience times of difficulty and stress in their lives and, with the prevalence of mental health conditions in our nation, it is important for all members of the community to know that specific tools exist which can be used to better handle challenges and protect one's health and wellbeing; and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions and, with early and effective treatment, individuals with mental health conditions can recover and lead full, productive lives; and WHEREAS, it is appropriate to recognize the importance of improving the mental health of all of our residents, and Tukwila is committed to raising awareness about mental illness; promoting effective community partnerships and collaborations to serve the mental health needs of our community; and increasing access to culturally and linguistically appropriate mental health services; NOW THEREFORE, I, Thomas McLeod, Mayor of the City of Tukwila, do hereby proclaim the month of May, 2025, as: Mental Health Awareness Month in the City of Tukwila and encourage the Tukwila community to work collaboratively to reduce the stigma of mental illness and to increase the mental health of our community. Presented this 12th day of May, 2025. Thomas McLeod, Mayor 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/12/25 DR 5/19/25 DR ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: MATTHEW AUSTIN ORIGINAL AGENDA DATE: 5/19/25 AGENDA ITEM TITLE Contract Approval: S 116th St Parcel Trail Access Contract CATEGORY Discussion Mtg Date Public Hearing Mtg Date Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PIYI SPONSOR'S SUMMARY The City of Tukwila Parks and Recreation Department seeks to award a contract for completion of proposed improvements at the S 116th St Parcel (King County Parcel #0733000225). This contract, totaling $152,316.24, is in an amount that requires full City Council approval before the Mayor may execute it. City staff recommend the Community Services and Safety Committee forward the proposed Contract for Services to the May 19th Regular Meeting Consent Agenda for final approval. REVIEWED BY ❑ Trans&Infrastructure Svcs P Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. DATE: 5/12/25 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $152,316.24 AMOUNT BUDGETED $145,000 APPROPRIATION REQUIRED $7,316.24 Fund Source: LAND ACQUISITON, RECREATION, & PARK DEVELOPMENT FUND Comments: Funding sources will be Park Impact Fees, KC Parks Levy Funds, and REET1 MTG DATE RECORD OF COUNCIL ACTION 5/12/25 MTG. DATE ATTACHMENTS 5/12/25 Informational Memorandum dated 5/5/2025 A --- Proposed Contract for Services + Exhibits: Evergreen Asphalt & Concrete B --- King County Pacel Viewer Map - Parcel 0733000225 -- Initial Design Concept Package for S 116th St Parcel 3 TO: Parks Re reati rr Depart ia ent - Pete 1l ayer, l ctor INFORMATIONAL MEMORANDUM Community Servies & Safety Committee Thomas McLeod, Mayor FROM: Matthew Austin, Parks Operations & Maintenance Superintendent BY: David Rosen, Parks & Recreation Fiscal Analyst DATE: May 5, 2025 SUBJECT: Contract Approval: S 116th St Parcel Trail Access Project ISSUE The City of Tukwila Parks and Recreation Department seeks to award a contract for completion of proposed improvements at the S 116th St Parcel. This contract, totaling $152,316.24, is in an amount that requires full City Council approval before the Mayor may execute it. BACKGROUND The S 116th St Parcel, identified most precisely as King County Parcel #0733000225, was acquired by the City of Tukwila in late 2019. The parcel provides shoreline views of the Duwamish River with 160 feet of waterfront footage and borders the Green River Trail on its western boundary immediately before the trail passes under the bridge at E Marginal Way S. The parcel measures approximately 0.75 acres (32,826 sq. ft) with no recorded nuisances, designations, and/or unbuildable or restrictive size shape indicators. In 2021, the City of Tukwila was issued a demolition permit for structures and foundations on site, backfilling to grade, and the capping of utilities. In 2024 and 2025, parks staff began planning and design work to determine potential improvements to the parcel. DISCUSSION The intended usage for the parcel is as a passive recreation site for community members to enjoy the Duwamish River and to provide greater public access and amenities for current and potential Green River Trail users. Proposed improvements include, but are not limited to, the installation of new native plantings, walking paths, benches, picnic tables, interpretive signage, and bicycle parking. In addition to the work included in this contract, habitat restoration will be taking place on site once capital improvements are completed. This project will provide Green River Trail users and other community members a nature -oriented site to gather and enjoy the Duwamish River or take a break from activities on the Green River Trail. FINANCIAL IMPACT This project is budgeted for as part of the City of Tukwila 2025 — 2030 Capital Improvement Plan. This project will be paid for out of the Land Acquisition, Recreation, and Park Development (301) Fund. Therefore, no General Fund inflows or outflows will be created by this project. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward the proposed Contract for Services to the May 12th Committee of the Whole and subsequent May 19th Consent Agenda. ATTACHMENTS A --- Proposed Contract for Services + Exhibits: Evergreen Asphalt & Concrete B --- Tukwila iMap — Parcel 0733000225 C --- S 116th St Parcel Initial Design Concept Package (Not Final Design) Tukwila City Hall • 6200 Southcenter Boulevard Tukwila, WA 98188 • 6- 33- 8 = Website: Tukwila A. ov 4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Evergreen Asphalt & Concrete, Inc., hereinafter referred to as "the Contractor," whose principal office is located at 27204 SE Kent Kangley Road, Ravensdale, WA 98051. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $152,316.24 at a rate described in attached Proposal 10492 (Serving as Exhibit B). 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 19th, 2025, and ending December 31st, 2025, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 5 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 4 6 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 4 7 14. SevemabiUity and SmrwhwaU' If any tumn, condition or provision of this Agreement is declared void or unenforceable or limited in its @pp|iC8tOD or effect, such event Sh@U not affect any other p[OViSiOnS hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which bvtheir sense and context are reasonably intended tosurvive the completion, expiration orcancellation of this /\OPg8DleDL' Sh8|| survive Le[OliD@iiOD of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City OfTukwila 62OOGouthmenLerBlvd. Tukwila, Washington 98188 Notices 0othe Contractor shall be sent tothe address provided bvthe Contractor upon the SigO@tUP8 |iD8 below. 16. AWDDUicmb|e Law: Venue: s Fees' This Agreement eho|| be governed by and construed in 8CCOrd8DQe with the |@vvS Of the State of Washington. In the event any suit, 8rbitr8tiOn, Or Other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue Sh8|| be properly laid in King County, Washington. The prevailing party in any such action shall be entitled toits ottorney'afees and costs ofsuit. DATED this 5 th day of May, 2025. City signatures to be obtained by Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy YOUn.City Clerk APPROVED AS TO FORM: Office of the City Attorney Printed Name: Title: Address: CARevised May 2U20 Page 4nf4 F S 116' St Parcel Project Name S 116th Parcel passive Park improvements Project Descri ation The South 116th St Parcel is a .75 acre property that was acquired by the city in 2019. The park was acquired with the intention of creating a passive off trail respite along the Green River Trail. The site overlooks the river bank and has a direct view of Grandmother hill, as it was known to the Coast Salish People. The project will consist of installation of gravel walkways and paved surfacing to allow for a respite off of the green river trail. Scope of or • All utility locates and permits are the responsibility of the contractor • Remove all debris from activities. • Minimize heavy equipment operation around the critical root zone(CRZ) of work site trees • Contractor will furnish all labor and materials needed to complete the work. Chapter 39.12 RCW requires local government contractors and subcontractors to pay prevailing wages to all workers for all public works and maintenance contracts, regardless of the dollar value of the contract. This includes Public works (RCW 39.04. 010) 9 Project Location U A. L4 L L 7,4 T Work S https://maps.app.goo.gl/VDeAHjGefSFkcv8t6 aecifications • Installation of Paved and unpaved surfaces with minimal ground disturbances outside of the work zone. • Work within the Critical Root Zone(CRZ) will require tree protection and measures in place to mitigate risk to damaging trees. As outlined in the tree protection plan • Contractor will furnish all labor and materials to complete the work . • Installation shall be in compliance with page L-501 of the Site Details sheet . • Contractor will work with the city for appropriate signage and notification. • Any potential changes to the site plan must be communicated in advance of installation. • Contractor should provided realistic timelines site work to ensure project timelines are met. 10 Project Plans Samples found below. r- 11 12 Tree Protection Plan 13 Tree Protection Area, Entrance Prohibited To report violations contact City Code Enforcement At (206) 431-367t SIGNIFICANT EXISTING TREE CONTINUOUS CHAINLINK FENCING POST g MX 10' O.C. INSTALL AT LOCATION AS SHOWN ON PLANS MINIMUM SIX (6) FOOT HIGH TEMPORARY CHAINLINK FENCE SHALL BE PLACED AT THE CRITICAL ROOT ZONE OR DESIGNATED LIMIT OF DISTURBANCE OF THE TREE TO BE SAVED. FENCE SHALL COMPLETELY ENCIRCLE TREE(S). INSTALL FENCE POSTS USING PIER BLOCK ONLY. AVOID POST OR STAKES INTO MAJOR ROOTS. MODIFICATIONS TO FENCING MATERIAL AND LOCATION MUST BE APPROVED BY PLANNING OFFICIAL. 1. TREATMENT OF ROOTS EXPOSED DURING CONSTRUCTION: FOR ROOTS OVER ONE (1) INCH DIAMETER DAMAGED DURING CONSTRUCTION, .MAKE A CLEAN STRAIGHT CUT TO REMOVE DAMAGED PORTION OF ROOT. ALL EXPOSED ROOTS SHALL BE TEMPORARILY COVERED WITH DAMP BURLAP TO PREVENT DRYING AND COVERED WITH SOIL AS SOON AS POSSIBLE. 3. NO STOCKPILING OF MATERIALS, VEHICULAR TRAFFIC, OR STORAGE OF EQUIPMENT OR MACHINERY SHALL BE ALLOWED WITHIN THE LIMIT OF THE FENCING, FENCING SHALL NOT BE MOVED OR REN1OVED UNLESS APPROVED BY THE CITY PLANNING OFFICIAL. WORK WITHIN PROTECTION FENCE SHALL BE DONE MANUALLY UNDER THE SUPERVISION OF THE ON -SITE ARBORIST AND WITH PRIOR APPROVAL BY THE CITY PLANNING OFFICIAL. 4. FENCING SIGNAGE AS DETAILED ABOVE MUST BE POSTED EVERY FIFTEEN (15) FEET ALONG THE FENCE. TREE PROTECTION FENCING DETAIL CITY OF TUKWILA TUKWILA PARKS \RECREATION 14 Evergreen Asphalt & Concrete, Inc. Fax: 253 639-3779 P.O. Box 867 Ravensdale, WA 98051 PROPOSAL Date Proposal# l 1 / 11 /2024 10492 PROPOSAL SUBMITTED TO: City of Tukwila 13900 Interurban Avenue South Tukwila, WA 98168 TERMS SUBMITTE... JOB ADDRESS Net 30 DEV Qty Description Rate Total Green River Trail Park 1 Supply and Install Concrete as per plan L-1 11 112,968.00 1 12,968.00T All Landscape Dirt/Waste left on site 1 Supply and Install new crushed rock as per plan L-11 1 19,375.00 19,375.00T Edging provided by COT and installed by EAC All Landscape Dirt/Waste left on site 1 Install Site Furniture provided by COT 5,875.00 5,875.00T NOTES: Permits if needed not included Erosion Control by others Prevailing wage included All Landscape planting and soil restoration done by COT ***Due to extreme market volatility all prices and availability are subejct to change without notice. Work to be scheduled on first come first serve basis acording to approval date*** Sales Tax (1 O.2%) $14,098.24 The above prices, specifications and conditions are satisfactory and are herby accepted. You Total $152,316.24 are authorized to do the work as specified. 100% Payment is due within 30 days. 1.5°/o PER MONTH SERVICE CHARGE ON ALL PAST DUE ACCOUNTS. IN THE EVENT LEGAL ACTION IS TAKEN TO COLLECT ANY AMOUNTS DUE, YOU AGREE TO PAY ALL LEGAL FEES & EXPENSES. THIS QUOTATION IS ONLY VALID FOR 10 (10) DAYS. Phone # Signature E-mail: Web Site: evergreen.shane@comcast.net Evergreenasphalt.com 425 584-7890 15 5/5/2025, 3:35:27 PM Parcel City of Tukwila S 116th St Parcel Trail Access Project Parcels Street 1:2,257 0 0.01 0.03 0.05 mi I I I + 7 I l 0 0.02 0.04 0.08 km City of Tukwila, King County, Pictometry International Corp., King County David Rosen City of Tukwila 116TH AND GREEN RIVER TRAIL PARK Duwamish Park Renovation and 116. and Green River Trail I Tukwila, WA I design Package 08.06.2024 GGLO 7 00 116TH AND GREEN RIVER TRAIL PARK I MATERIALS DUWAMISH RIVER -4-sowlne-44,108,4,:w8swint81;iwn...88' t3,, z,•;.,,r8-SPASPWW,MPSWW-48,-Sycs,,,,,w,"„ \ \ 0 LAYOUT AND MATERIALS PLAN - GROUND LEVEL Duwamish Park Renovation and 116. and Green River Trail I Tukwila, WA I design Package 08.06.2024 LAYOUT AND MATERALS LEGEND 9, 0 TV RIVER SETBACK PLANTING AREAS CONCRETE PATHWAYS CRUSHED ROCK PATH • INTERPRETIVE SIGNAGE CRUSHED ROCK PATH • • CONCRETE WALKWAY VAVAVVVTVAVRVVAVVAVAVVAVGRVVTV GGLO 8 116TH AND GREEN RIVER TRAIL PARK I FURNISHINGS BENCHES PICNIC TABLES BICYCLE PARKING INTERPRETIVE SIGNAGE Duwamish Park Renovation and 116. and Green River Trail I Tukwila, WA I design Package 08.06.2024 CC O, '110 i•Nor 116TH AND GREEN RIVER TRAIL PARK I PLANTING ACHILLEA MILLEFOLIUM - COMMON YARROW ECHINACEA PURPUREA 'MAGNUS' - MAGNUS CONEFLOWER Duwamish Park Renovation and 116. and Green River Trail I Tukwila, WA I design Package 08.06.2024 CORYLUS CORNUTA - BEAKED HAZELNUT DECHAMPSIA CESPITOSA - TUFTED HAIRGRASS ATHYRIUM FILI-FEMIN - LADY FERN GGLO 10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/12 MB 5/19 MB ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: MAX BAKER ORIGINAL AGENDA DATE: 5/12 AGENDA ITEM TITLE Ordinance Establishing a Critical Area Designation Permit and Requiring Pre - Application Conferences for Certain Permits CATEGORY Discussion Mtg Date Motion iVltg Date Resolution Ordinance Mtg Date 5/12 Bid Award Mtg Date Public Hearing Mtg Date Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin SVCS ® DCD ❑ Finance ❑Fare ❑ P&R ❑ Police ❑ PIF SPONSOR'S SUMMARY The proposed ordinance would amend the Tukwila Municipal Code to create a Critical Area Designation (CAD) Permit and require pre -application conferences for certain complex permits, improving early coordination and clarity in the development review process. The Council will consider the ordinance at the May 12, 2025, Committee of the Whole meeting, with approval recommended for the May 19, 2025 Regular Meeting. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ►1 Planning & Community Dev. ❑ LTAC ❑ Arts Comm. DATE: ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 5/12 COW Consideration /19 Regular Meeting - Consent Agenda MTG. DATE ATTACHMENTS /12 Informational Memorandum dated 5/12/25 Draft Ordinance /19 21 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM .TO: Planning and Community Development Committee FROM: Nora Gierloff, AICP, Director of Community Development BY: Maxwell Baker, AICP, Development Supervisor CC: Thomas McLeod DATE: May 12, 2025 SUBJECT: Ordinance Establishing a Critical Area Designation Permit and Requiring Pre -Application Conferences for Certain Permits ISSUE The proposed ordinance amends Tukwila Municipal Code (TMC) Title 18, Zoning, to create a Critical Area Designation (CAD) Permit and formalize the pre -application conference process. These changes are intended to improve clarity and coordination in the development review process, particularly for environmentally sensitive sites. BACKGROUND The City of Tukwila regulates critical areas, such as wetlands, streams and steep slopes, under TMC Title 18. However, the absence of a dedicated permit type for establishing the presence and boundaries of critical areas has led to inconsistencies in early site review and confusion about how to determine project feasibility prior to full permit submittal. To address this, staff are proposing a new Critical Area Designation (CAD) Permit, which would provide a formal determination of critical area presence and applicability before development permits are accepted. The Planning and Community Development Committee was initially briefed about the Critical Area Designation Permit at the February 10, 2025, meeting and expressed support for moving the proposal forward. As a companion improvement to the development review process, staff are also introducing a formal requirement for pre -application conferences. A pre -application conference is an early meeting between an applicant and City staff to discuss a potential development proposal, identify relevant codes and requirements, and flag potential issues before a full application is submitted. While pre -application conferences have long been an optional tool available to applicants under TMC 18.104.050, they are not required for any specific permit type. The current code allows applicants to request a meeting to discuss requirements and receive feedback on their proposal, but attendance is voluntary. The proposed code amendment would establish a mandatory pre -application process for certain complex permit types identified by the department, ensuring early coordination and better project outcomes. DISCUSSION Critical Area Designation (CAD) Permit The proposed new CAD Permit must be obtained for any property located within 150 feet of a confirmed or potential critical area before any development permit can be accepted. It would provide an official determination of the presence, or lack, of critical areas and would be valid for five years, unless site conditions or regulatory maps change significantly. Applicants may choose to use the City's consultant for the critical area study or submit their own report, which may be subject to peer review. 22 INFORMATIONAL MEMO Page 2 Pre -Application Conferences The amendment to TMC 18.104.050 would require pre -application meetings for certain permit types. The Department would publish a guidance document identifying which permits require a pre -application conference. Generally, these would include larger land use and development permits or permit types that are expected to lead to subsequent permits, such as design review. The intent is to ensure early coordination, clarify submittal requirements, identify potential site constraints, and facilitate interdepartmental review. A fee would be charged for the conference and credited toward the permit fee if an application is submitted within six months and the project scope remains consistent. These conferences would not vest project rights. FINANCIAL IMPACT There is no direct budget impact. Permit and pre -application fees would be collected under the City's adopted fee schedule. The new processes are expected to improve permitting efficiency and reduce downstream review issues, potentially saving staff time and resources. For permits required to attend a pre -application conference, the pre -application fee will be credited toward the permit application fee if the applicant submits their project within six months and the scope remains substantially the same, including key elements such as use, intensity, and site layout. RECOMMENDATION The Council is being asked to consider the ordinance at the May 12, 2025, Committee of the Whole meeting, with approval to take place as part of the Consent Agenda at the May 19, 2025, Regular Meeting. ATTACHMENTS A. Draft Ordinance — Critical Area Designation Permit and Pre -Application Conference Requirements 23 AN ORDINANCE OF THE CITY COUNCIL 0 TUKWILA, WASHINGTON, AMENDING TU CODE (TMC) ESTABLISHING NEW SE ESTABLISH A PRE -APPLICATION C FOR LAND USE PERMITS; AME 2741 §3 (PART) AND 2745 § 18.104.010; AMENDING ORDINA CODIFIED AT TMC 18.104.0 SEVERABILITY; AND EST WHEREAS, Title 18 of the regulations for critical areas, a best practices and statutory THE CITY OF A MUNICIPAL 18.45.050 TO R PROCESS G ORDICE NOS DIFIED AT TMC 2741 §3 (PART), AS PROVIDING FOR FFECTIVE DATE. wila pa `' ode ("TMC") establishes s to ensure these regulations align with WHEREAS, the •es to improve the permitting process by establishing a Critical Area Design' Pe , s mlining the review of critical areas while maintaining enviro ;-ntal pro tlon ; and WHEREAS, the Ir , ent for detailed critical area delineations has been identified as essential forring compliance with TMC Title 18, and a dedicated permit will provide clarity and efficiency in the review process; and WHEREAS, the proposed amendments to the Tukwila Municipal Code to establish the Critical Area Designation Permit are exempt from review under the State Environmental Policy Act (SEPA); and WHEREAS, on February 10, 2025, the Planning and Community Development Committee received a briefing on the proposed approach and expressed support for moving the item forward to the City Council for consideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 1 of 5 24 Section 1. Adoption of Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. Section 2. Regulations Established. TMC 18.45.050 is hereby established to read as follows: 18.45m05 Critic ^I Are Desi natio:r Pe it A. A Critical Area Designation Perm establishes whether critical areas_o present on or near the pro erty and include cal area sy if needed. A Critical Area De IFermit lis rec: is located within 150 feet of development permit can be acc 2. A Critical Area De ;onflrred or d or issued, n° ra nerty that cow twins, or I area b care auk other ion Perrr ,myna , a -Iliad for ant run f?o p'rlyower ?rite prcpertyowrer's agent B. To apply for a Critical Area Des owner's agent must submit an a Ocation department. The a lication r included identifying the area fo The department u her critical areas or b 150 feet, If a wetland o _. consistent with hereafter arrnende shall include a profes stream exists on or w assessment shall be re he res mal re ne b,✓ th im e rr to property owner or the properly ant u.using a for r. rcwided, by the orjoortion, provide d a t map is ion is soug � .............. .......... onduct an initial site review to determine hP J otential...to exist, on the property or within he a licamntt must obtain a critical area report ovided in subsection D as currently enacted or ce or classification of a stream is uncertain, the report nrtendation. If the report concludes that no wetland or ,he ro.erty, and the department concurs, no further D. "To fulfill the requiriementfor a critical area ..._.�_ re_port..the applicant shu ll e.Nt�ner. a Fund a critical area study prepared mmPbymmthe City's consultant which will notbe subject to e r review. r 2. Submit a critical area study prepared by a,cRjal'ifned professional as d fin Title which TMC , may be subjectapm to iicant-funded peer reviewbythe City or .... � e 1 d consultant. i" . Upon ret est by the applicant tmhe Critical Area Desiignation Permit may include an evaluation or interpretation of the eability of critical area buffers and standards to a potential future development. 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 2 of 5 25 F. Based on the critical area repoDepartment shall issue a final deterrunaUon for the Critical Area Designation Permit. G. The Department shall make its written determination on the Critical Area Designation Permit within one hundred twent 120 days of receiving a complete application, unless an extension is authorized under the Tukwila Municipal Code. H: The Critical Area esignation Permit shall be valid for five ears unless: 1. Physical conditions on or within 300 feet of the subject property have markedly and demonstrably changed due to natural_processes or man-made activity, or 2, Applicable regulat ry agencies adopt updated maps or designations that conflict with the original determination in the Critical Area Designation P- rrnvt. Section 3. Ordinance Nos. 2741 §3 (part) and 27 §7, as codified at TMC 18.104.010, "Classification of Project Permit Application hereby amended to read as follows: TYPE 1 DECISJS TYPE OF PERMIT D ION MAKER Temporary Encampment Permit Revocation (TMC Chapter 8.48) Director Administrative Variance f — 30 days or less (TMC 8.22.120) irector Any land use pe appro issued by the specifically 2, 3, 4, or 5 As specified by ordinance Boundary 0 men, ding Lot-'idat. Director ritical Area ign in Permit Director ' or Modific n of a Boundary L djustm or Lot ol. on Preliminary Appro (TMC 1 .08,030) Director Development Permit Building Official Minor Modification to Design Review Approval (TMC 18.60.030) Director Minor Modification to PRD (TMC 18.46.130) Director Signs (TMC 19.12.020) Director Tree Permit (TMC 18.54) Director Wireless Communication Facility, Eligible Facilities (TMC 18.58) Director 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 3 of 5 26 Section 4. Ordinance No. 2741 §3 (part), as codified at TMC 18.104.050, "Pre - Application Conferences" is hereby amended to read as follows: 18.104.050 Pre -Application Conferences A. Prior to filing a permit application reguiring a Type 1, 2, 3, 4 or 5 decision, the applicant may contact the Department to schedule a pre application conference. The purpese—of—the—pfeappliGatien—GenfefenGe—is—te—review—and—diSC-61ss—the—applicatioR requirements with the applicant and provide commcnts on the dcvelopment proposal. Thc pre application conference shall be scheduled by the Department at the reguest of an applicant, and shall be held in a timely manner. A. A pre -application conference shall be required prior to filing a.kermit application when the permit type_ is identified in a uidance document maintained b the de ' ailment. When a pre-af,,Tlication conference is not regdired, an app nt may voluntarily_rep_uest one. B. The purpose of the -application con assist he ajJanjr .unplersigild±i iiigiteappl Ica ble rep atio n sij-eqg re e r m its s FttE3LeXPeCtd1UOflLafld any known site constraints such as critical area C. The department shall schedule thepre-, once a complete request is submitted o any reluired fee set forth in the City's to time. Staff from other affected Ci necessary by the Ogpartment. D. For permits that re application under this chapte under this section submittal, on conference a timely manner d l„ the artment alon with -II shall be amended from time encies ma attend as determined on conference, the City will not accept an cant attended a pre -application conference "ontr s Pmediately prior to the date of application E. Applicants be thefed a fee for the pre -application conference. If a permit application is submitt vithn ' months of the pre-apalication conference and the project scope remains c nt with what, was presented, the pre -application 'fee shall be credited toward the e application fee. F. Pre -a Tation conferences do not vest the applicant's riglits to any regulations in effect on the date of the conference. Section 4. Corrections by City Clerk or Code Reviser Authorized. 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 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 4 of 5 27 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 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 , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Thomas ' od, Mayor File P E .rye Date: erk: ouncil: OrdinNumber: Page 5 of 5 28 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2— C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. MAY 5 See below links for the agenda packets to view the agenda items: May 5, 2025 Special Meeting May 5, 2025 Regular Meeting MEETING 1— REGULAR JUNE 2 WORK SESSION REGULAR MEETING PRESENTATION - King County Long -Term Disposal Study results. - Introduction of"Tukwila, City of Opportunity" scholarship recipients. CONSENT AGENDA - Grant acceptance of RCO Brian Abbott Fish Barrier for Gilliam Creek Project. - An ordinance updating the Tukwila Municipal Code 14.19 "Sewer Connection Fees". - Accept turnover of underground stormwater bypass pipelines and appurtenant facilities from Prologis- Exchange 3301 South Norfolk LLC and authorize the Mayor to sign turnover related documents (value of transferred assets: $72,088.00). UNFINISHED BUSINESS - An ordinance relating to the Tukwila South Development Agreement. MAY 12 See below links for the agenda packets to view the agenda items: May 12, 2025 Committee of the Whole Meeting MEETING 2— C.O.W. JUNE 9 PUBLIC HEARING - A resolution adopting 6-year Transportation Improvement Program. SPECIAL ISSUES - A resolution adopting the 6-year Transportation Improvement Program. - An ordinance amending the Middle Housing, Accessory Dwelling Unit and Objective Design Standards Code. MAY 19 WORK SESSION Public Works Phase 2 Update. REGULAR MEETING CONSENT AGENDA - A contract for 116`" St Parcel Trail Access. - An ordinance relating to Critical Area Designation Permit and Pre -Applications. - Lodging Tax Funding application from Starfire Sports. PUBLIC HEARING - Ordinance relating to the Tukwila South Development Agreement. UNFINISHED BUSINESS - Ordinance relating to the Tukwila South Development Agreement. MEETING 3 — REGULAR JUNE 16 WORK SESSION REGULAR MEETING CONSENT AGENDA - An ordinance amending the Middle Housing, Accessory Dwelling Unit and Objective Design Standards Code. - A contract amendment for B-Force Parks Security Services. - A resolution adopting the 6-year Transportation Improvement Program. - A resolution adopting the 2026 Work Plan and Operating Budget for South King Housing & Homelessness Partners (SKHHP). - A contract for Tukwila Parks, Recreation and Open Space (PROS) Plan Request for Proposals. UNFINISHED BUSINESS - A Commerce / EPA Grant for Critical Area Ordinance and NPDES item. i MAY 26 MEMORIAL DAY: * REMEMBER AND HONOR * * No City Council meeting due to the holiday. MEETING 4 — C.O.W. JUNE 23 Special Meeting to follow the Committee of the Whole Meeting. 29