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Reg 2013-02-19 COMPLETE AGENDA PACKET
L vi o Tukwila City Council Agenda o 1 • REGULAR MEETING ❖ `� Jim Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson David Cline, City Administrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Tuesday, EXECUTIVE SESSION — 6:00 PM - 7:00 PM Potential Litigation — Pursuant to RCW 42.30.110(1)(i) Property Acquisition — Pursuant to RCW 42.30.110(1)(c) (60 minutes) February 19, 2013; 7:00 PM • Ord #2396 • Res #1787 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. CONSENT AGENDA a. Approval of Minutes: 1/28/13 (Special Mtg.); 2/4/13 (Regular Mtg.) b. Approval of Vouchers. c. A resolution establishing the meeting schedule for City Council committees. [Requested by the Council at the 2/4/13 Regular Meeting and approved for Consent by the Council President] d. Accept as complete the Tukwila Urban Center Access (Klickitat) Project (contract #11 -001) with Guy F. Atkinson Construction, LLC; authorize release of retainage subject to the standard claim and lien release procedures. (Final cost of project, including retainage: $12,225,981.57.) [Reviewed and forwarded to Consent by Transportation Committee on 2/12/13.) e. Accept as complete the 2012 Overlay & Repair Project (contract #12 -091) with ICON Materials; authorize release of retainage subject to the standard claim and lien release procedures. (Final cost of project, including retainage: $968,927.36.) [Reviewed and forwarded to Consent by Transportation Committee on 2/12/13.] Pg.1 Pg.5 Pg.13 4. UNFINISHED BUSINESS a. A resolution updating and clarifying the non - represented employees' compensation and adopting the non - represented salary schedule and benefits summary, effective January 1, 2013. b. An ordinance to clarify and update the Nuisance Code and its provisions; establishing new regulations regarding recreational vehicles. Pg.21 Pg.33 5. NEW BUSINESS (continued.) REGULAR MEETING Tuesday, February 19, 2013 Page 2 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.41 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review _ Council review 02/19/13 CO eA ❑ Motion Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date ►1 Resolution Mtg Date 2/19/13 ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR /1 Council SPONSOR'S It is in the best interest of the City to adopt a Council resolution establishing the meeting SUMMARY dates, times, and locations of the 4 standing Council Committees. A change is required to the start time of the Transportation Committee from 5:00 p.m. to 5:15 p.m., which is reflected in the attached resolution. The Council requested this change at the 2/4/13 Council meeting. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE ITEM INFORMATION ITEM No. 3.C. STAFF SPONSOR: CHRISTY O'FLAHERTY ORIGINAL AGENDA DATE: 2/19/13 AGENDA ITEM TITLE A resolution formally accepting the Council Committee Schedule CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date ►1 Resolution Mtg Date 2/19/13 ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR /1 Council SPONSOR'S It is in the best interest of the City to adopt a Council resolution establishing the meeting SUMMARY dates, times, and locations of the 4 standing Council Committees. A change is required to the start time of the Transportation Committee from 5:00 p.m. to 5:15 p.m., which is reflected in the attached resolution. The Council requested this change at the 2/4/13 Council meeting. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE City Clerk COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 2/19/13 Resolution in final form 2 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE MEETING SCHEDULE FOR CITY COUNCIL COMMITTEES, AND REPEALING RESOLUTION NO. 1785. WHEREAS, RCW 42.30.030 states that all meetings of the governing body of a public agency shall be open and public; and WHEREAS, all persons shall be permitted to attend any meeting of the governing body of a public agency; and WHEREAS, it is in the best interest of the City to inform all citizens of all City Council Committee meeting days, times and locations; and WHEREAS, a change is required to the starting time for the Transportation Committee meetings; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to City of Tukwila Ordinance No. 2024 and Tukwila Municipal Code Section 2.04.180, there are four standing committees of the Council, consisting of three members each. A quorum of the Tukwila City Council (four members) will not be present at any Council Committee meetings. The Council President shall appoint the membership of each committee and the Committee Chair by the second Regular Meeting of each year. The Chair for each committee shall set the schedule of meetings and cause them to be published. All meetings are open to the public. Section 2. The Council Committee meeting schedule and locations are as follows: 1. Community Affairs and Parks Committee meetings shall be held on the second and fourth Monday of every month at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, in Conference Room No. 3, commencing at 5:15 p.m. W: \Word Processing- City\Resolutions \Council Committee Meeting Schedule - Transportation 2- 5- 13.doc 2 -5 -13 :bjs Page 1 of 2 3 2. Finance and Safety Committee meetings shall be held on the first and third Tuesday of every month at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, in Conference Room No. 3, commencing at 5:30 p.m. 3. Utilities Committee meetings shall be held on the first and third Monday of every month at the City of Tukwila Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington, Suite 100, commencing at 5:00 p.m. 4. Transportation Committee meetings shall be held on the second and fourth Tuesday of every month at the City of Tukwila Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington, Suite 100, commencing at 5:15 p.m. Section 3. Committee meetings falling on a Monday holiday will be held on Tuesday, with the regularly scheduled Tuesday meeting moving to Wednesday. In the event there is a Tuesday holiday, the Committee meeting will move to Wednesday. Section 4. In the event there is a fifth Monday in a month, there will be no Council Committee meetings during that week. Section 5. Repealer. Resolution No. 1785 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing -City \Resolutions \Council Committee Meeting Schedule - Transportation 2- 5- 13.doc 2 -5 -13 :bjs Page 2 of 2 4 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 02/19/13 Prepared by BG Mayor's revie Council revie ITEM INFORMATION ITEM NO. 3.D. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DALE: 02/19/13 AGENDA ITEM TITLE Tukwila Project Urban Center Access (Klickitat) Project Completion and Acceptance CATEGORY ❑ Discussion Mtg Date Motion Date 02/19/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date ►1 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PW SPONSOR'S The contract with Guy F. Atkinson Construction LLC of Renton, WA is complete for the SUMMARY Tukwila Urban Center Access (Klickitat) Project. This project installed a new bridge on Klickitat Drive over Southcenter Parkway. Construction began March 14, 2011 and was completed on August 28, 2012. Seventy -one change orders were issued for a total of $1,484,126.90 and under runs totaled ($138,035.66). Council is being asked to accept and finalize the contract with Guy F. Atkinson in the amount of $12,225,981.57. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 02/12/13 COMMITTEE CHAIR: KATE // Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. CoMMIrrEE Public Works Unanimous Approval; Forward to Regular Consent Agenda. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $12,225,981.57 $13,306,216.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PG 13, 2012 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/19/13 MTG. DATE ATTACHMENTS 02/19/13 Informational Memorandum dated 02/08/13 State of WA Department of Revenue Notice of Completion 11 -001 Minutes from the Transportation Committee meeting of 02/12/13 5 6 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Peter Lau, Senior Engineer DATE: February 8, 2013 SUBJECT: Tukwila Urban Center Access Project (Klickitat) Project No. 98410419, Contract No. 11 -001 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 11 -001 with Guy F. Atkinson Construction, LLC of Renton, Washington was issued on March 14, 2011 for the Tukwila Urban Center Access Project (Klickitat). The TUC Access project constructed 2,500 linear feet of street improvements on Southcenter Parkway from Bahama Breeze to south of Strander Boulevard. The street improvements included a new bridge at the Klickitat Drive intersection over 2 southbound lanes in a tunnel, including storm drainage, water lines, sanitary sewer, concrete sidewalks, retaining walls, asphalt paving, street lighting, traffic signals, signage, and roadway re- channelization. ANALYSIS Construction was physically completed with conditions on August 28, 2012. Seventy -one (71) change orders were executed for the project due to various changes on unexpected site conditions, unanticipated utility conflicts, acceleration of construction schedule, and ADA standards. Unit price under -runs were due to force account items not completely utilized during construction. A retainage bond was used by Guy F. Atkinson for the TUC Access Project. The construction budget was $13,306,216.00. Construction Contract Amount Change Order Nos. 1 - 71 Unit Price Under -runs Sales Tax Paid $10,824,700.00 1,484,126.90 (138,035.66) 55,190.33 Total Amount Paid (including retainage) $12.225.981.57 RECOMMENDATION The Council is being asked to formally accept and authorize the release of retainage, subject to standard claim and lien release procedures, for the Tukwila Urban Center Access Project (Klickitat) with Guy F. Atkinson Construction, LLC in the final amount of $12,225,981.57, and to consider this item on the Consent Agenda of the February 19, 2013 Regular Meeting. Attachment: Notice of Completion W: \PW Eng \ PROJECTS \A- RW & RS Projects \TUC Access (Klickitat) ( 98410419) \Construction\Atkinson \Info Memo - Closeout Atkinson 2 -08- 13.docx 7 8 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602 085 504 Nai Addr4 f Public Agency City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 UBI Number: 179 000 208 Date: December 17, 2012 )eparttnent Use Only Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Naine Tukwila Urban Access Improvement Project (Klickitat) Contract Number 11 -001 Job Order Contracting ❑ Yes © No Description of Work Done /Include Jobsite Address(es) Construction of roughly 2,500 linear feet of street improvements on Southcenter Parkway from Bahama Breeze vicinity to south of Strander Boulevard. The street improvements include a new bridge at the Klickitat Drive intersection over 2 southbound lanes in a tunnel, storm drainage, waterlines, sanitary sewer, concrete sidewalks, retaining walls, asphalt paving, street lighting, traffic signals, signing, rechannelization, etc. Federally funded road transportation project? Yes ❑ No Contractor's Name Guy F. Atkinson Construction, LLC Telephone Number 425 - 255 -7551 Contractor Address 707 South Grady Way, Suite 500, Renton, WA 98057 If Retainage is Bonded, List Surety's Name (or attach a copy) Travelers Casualty and Surety Company of America /Federal Insurance Company /Fidelity and Deposit Company of Maryland Surety Agent's Address 1501 4th Avenue, Suite 1650, Seattle, WA 98101 Date Contract Awarded November 22, 2010 Date Work Commenced March 14, 2011 Date Work Completed August 28, 2012 Date Work Accepted Contract Amount Additions (+ ) Reductions ( - ) Sub -Total Amount of Sales Tax Paid at 9.5% $ 10,824,700.00 $ 1,484,126.90 $ 138,035.66 $ 12,170,791.24 (If various rates apply, please send a breakdown) $ 55,190.33 TOTAL $ 12,225,981.57 NOTE: These two totals must be equal OK Liquidated Damages $ 0.00 Amount Disbursed $ 12,225,981.57 Amount Retained $ 0.00 Please List all Subcontractors Below: TOTAL $ 12,225,981.57 Subcontractor's Name: UBI Number: Affidavit ID (if known) American Engineering 601 423 415 385661 Brundage Bone 600 630 026 380938 Central Steel 600 514 550 394513 City Transfer, Inc. 173 005 384 410013 Corona Stud & Deck, LLC 603 079 287 413854 DBE Electric 602 952 513 Not obtained yet Garrison Creek Landscaping 602 461 104 Not obtained yet John Wayne Construction 601 111 682 372016 F215- 038 -000 08 -2011 REV 31 0020e (08/25/11) Continued on page 2 9 Pleas;, List ail Subcontractors Below: Subcontractor's Name: UBI Number: Affidavit ID (if known) Johnson Western Gunite Company 600 470 724 402417 KODO Construction 179 019 926 411954 Lakeside Industries 601 106 847 Not obtained yet Meyer Brothers Roofing 600 620 120 377010 Northwest Construction 601 253 872 Not obtained yet Petersen Brothers, Inc. 600 072 474 367722 Purcell Painting & Coatings 602 440 422 400251 Pyramid Grinding, LLC 602 778 944 360185 Richardson Rocks 603 138 622 412595 Salinas Sawing & Sealing, Inc. 601 717 158 411086 Santa, Inc. 602 664 556 Not obtained yet Stripe Rite, Inc. 601 048 084 Not obtained yet Versatile Drilling 600 556 269 345201 Comtaents Contact Name: Diane Jaber Email Address: Diane.Jaber @TukwilaWA.gov Title: Fiscal Specialist Phone Number: (206) 433 -1871 x1871 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form to all three agencies below. For a faster response, please submit by e -mail. fooO Washington State C- Department of Revenue '�, Public Works Section PO Box 47474 Olympia WA 98504 -7474 (360)725 -7588 FAX (360) 664 -4159 PWC @dor.wa.gov Washington State Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504 -4272 (360)902 -4754 FAX (360) 902 -6897 ContractR elease @I ni.wa. gov Washington State Employment Security Department Specialized Collections Unit PO Box 9046 Olympia WA 98507 -9046 (360) 902-9780 Fax (360) 902 -9287 publicworks@esd.wa.gov For tax assistance or to request this document in an alternate format, visit http: / /dor.wa.gov or call 1- 800 - 647 -7706. Teletype (TTY) users may call (360) 705 -6718. F215- 038 -000 08 -2011 REV 31 0020e (08/25/11) 10 TRANSPORTATION COMMITTEE - Meeting Minutes February 12, 2013 — 5:00 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffle and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, David Cline, Peter Lau CALL TO ORDER: The meeting was called to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila Urban Center Access (Klickitat) Project Completion and Acceptance Staff is seeking Council approval for project completion, closeout, and release of retainage to Guy F Atkinson Construction in the amount of $12,225,981.57 for the construction of the Southcenter Parkway underpass at Klickitat Dr. Seventy -one change orders were issued during this project for $1,484,126.90 and cost underruns were credited for $138,035.66. The project was completed under budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 19 CONSENT AGENDA. B. 2012 Overlay & Repair Project Completion and Acceptance Staff is seeking Council approval for project completion, closeout, and release of retainage to ICON Materials in the amount of $968,927.36 for the overlay and repair of Tukwila Parkway (from Southcenter Pkwy to Andover Park West) and Andover Park West (from Midland Dr to S 180`'' St). Four change orders were issued during this project for $31,438.96 and cost underruns were credited for $36,770.60. The project was completed under budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 19 CONSENT AGENDA. C. TUC Pedestrian /Bicycle Bridget Project Update Staff presented an information only update on design, right -of -way and funding. Staff was asked to bring presentation to full council when agenda is light. INFORMATION ONLY, WILL BE BROUGHT TO FULL COUNCIL AS A PRESENTATION AT A LATER DATE. III. SCATBd Nothing to report. IV. MISCELLANEOUS a) National Transportation Day is today. b) Revised Transportation Committee Goals handed out by Chair Kruller (attached). Goals will be forwarded to the Council President for discussion at the Council Retreat. c) Bob will check with City Clerk for status on resolution to change Transportation Committee start tiem to 5:15 p.m. Meeting adjourned at 6 ::05 p.m. Next meeting: Tuesday, February 26, 2013 Committee Chair Approval Minutes by BG,. Reviewed by GL. 11 12 COUNCIL AGENDA SYNOPSIS Iaitials A1eetingDate Prepared by 02/19/13 BG Mayor's review Council revi ew ITEM INFORMATION ITEM No. 3.E. CAS NUMB] 12: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATH: 02/19/13 AGENDA 111N4 TiiJ» 2012 Overlay & Repair Program Project Completion and Acceptance CA'I'l M ORY alurssion AirgDate Z Motion Mt Date 02/19/12 Resolution Mtg Date 1 Ordinance Mtg Date 1 1Bid Award Alrg Date Public heating Mtg Date 1 1 Other A /g Date SPONSOR Council 1 1 Mayor HR _ DCD Finance Fire 1 1 IT P&R 1 1 Police M P117 SP ONsoR' S The contract with ICON Materials of Pacific, WA is complete for the 2012 Overlay & Repair SUMMARY Program. This contract improved two major roadways at Tukwila Parkway and Andover Park West. Construction began August 6, 2012 and was completed on December 31, 2012. Four change orders were issued for $31,438.96 and under-runs credited $36,770.60. Council is being asked to accept and finalize the contract with ICON Materials in the amount of $968,927.36. REviiAxim li ' COW Mtg. CA&P Cmte F&S Cmte 1 Utilities Cmte Arts Comt-n. __ Parks Comm. 1 DATE: 02/12/13 COMMITTEE CI-L-l1IR: KATE W Transportation Cmte I Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Commr-rmi:, Public Works Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITuRk R1 1(2ti [RIM AMOUNT BUDGETED APPROPRIATION REQUIRED $968,927.36 $1,071,684.90 $0.00 Fund Source: 104 ARTERIAL STREETS (PG 14, 2013 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/19/13 MTG. DATE ATTACHMENTS 02/19/13 Informational Memorandum dated 02/08/13 State of WA Department of Revenue Notice of Completion 12-091 Minutes from the Transportation Committee meeting of 02/12/13 13 14 TO: FROM: BY: DATE: SUBJECT: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director Peter Lau, Senior Engineer February 8, 2013 2012 Overlay and Repair Program Project No. 91210401, Contract No. 12 -091 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 12 -091 with ICON Materials of Pacific, Washington was issued on August 6, 2012 for the 2012 Overlay and Repair Project. This overlay project provided hot mix asphalt (HMA) paving at 2 locations: Tukwila Parkway from Southcenter Parkway to Andover Park West and Andover Park West from Midland Drive to South 180th Street. The street improvements included pavement and paving; removing and replacing concrete curbs, gutters, sidewalks and ADA ramps; installing traffic loops and junction boxes; adjusting surface utilities to grade; and installing new roadway channelization. ANALYSIS Construction was physically completed with condition on December 31, 2012. Four (4) change orders were executed for the project due to unexpected site conditions discovered during construction. Unit price under -runs were due to bid item quantities not fully utilized during construction. Retainage is being held by the City for this project in the amount of $48,446.37. The construction budget was $1,071,684.90 with a 10% contingency. Construction Contract Amount Change Order Nos. 1 — 4 Unit Price Under -runs No Sales Tax Paid Total Amount Paid $974,259.00 31,438.96 (36,770.60) 0.00 $968.927.36 RECOMMENDATION The Council is being asked to formally accept and authorize the release of retainage, subject to standard claim and lien release procedures, for the 2012 Overlay and Repair Project with ICON Materials in the final amount of $968,927.36 and to consider this item on the Consent Agenda of the February 19, 2013 Regular Meeting. Attachment: Notice of Completion W: \PW Eng \ PROJECTS \N- RW & RS Projects\2012 Overlay & Repair Program (91210401) \Construction\After Con \Info Memo - 2012 Overlay Closeout, 2- 5- 13.docx 15 16 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 601 006 854 Name & Address of Public Agency City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 UBI Number: 179 000 208 Date: January 10, 2013 Department Use Only Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name 2012 Overlay Program Contract Number 12 -091 Job Order Contracting ■ Yes © No Description of Work Done/Include Jobsite Address(es) Provide hot mix asphalt (HMA) overlay at 2 locations in Tukwila: Tukwila Parkway from Southcenter Parkway to Andover Park West, and Andover Park West from Midland Drive to South 180th Street. The street improvements include planing bituminous pavement, removing pavement, providing pavement repairs, and paving with HMA at the stated streets; removing and replacing concrete curbs, gutters, sidewalks and ADA ramps; installing traffic loops and junction boxes; adjusting surface utilities to grade; and installing new channelization. Federally funded road transportation project? ❑ Yes ' No Contractor's Name ICON Materials Telephone Number 206 - 575 -3200 Contractor Address 1508 Valentine Avenue SE, Pacific, WA 98047 If Retainage is Bonded, List Surety's Name (or attach a copy) Surety Agent's Address Date Contract Awarded July 2, 2012 Date Work Commenced August 6, 2012 Date Work Completed December 31, 2012 Date Work Accepted Contract Amount Additions (+ ) Reductions (- ) Sub -Total Amount of Sales Tax Paid at 0% (If various rates apply, please send a breakdown) TOTAL Please List all Subcontractors Below: $ 974,259.00 $ 31,438.96 $ 36,770.60 $ 968,927.36 Liquidated Damages $ Amount Disbursed $ Amount Retained $ $ 0.00 $ 968,927.36 NOTE: These two totals must be equal 0.00 920,480.99 48,446.37 TOTAL $ 968,927.36 Subcontractor's Name: UBI Number: Affidavit ID (if known) Cascade Channel & Grouting 601 426 821 Not known yet Chandler Construction, Inc. 600 624 758 Not known yet G & G Corporation 601 381 635 Not known yet J & G Concrete Corporation 602 817 010 Not known yet Pyramid Grinding, LLC 602 778 944 411998 Sea -Tac Sweeping Service 601 735 583 Not known yet Stripe Rite, Inc. 601 048 084 Not known yet Tyee Concrete Construction, Inc. 602 123 519 Not known yet F215 -038 -000 08 -2011 REV 31 0020e (08/25/11) Continued on page 2 17 18 TRANSPORTATION COMMITTEE - Meeting Minutes February 12, 2013 — 5:00 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffie and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, David Cline, Peter Lau CALL TO ORDER: The meeting was called to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila Urban Center Access (Klickitat) Project Completion and Acceptance Staff is seeking Council approval for project completion, closeout, and release of retainage to Guy F Atkinson Construction in the amount of $12,225,981.57 for the construction of the Southcenter Parkway underpass at Klickitat Dr. Seventy -one change orders were issued during this project for $1,484,126.90 and cost underruns were credited for $138,035.66. The project was completed under budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 19 CONSENT AGENDA. B. 2012 Overlay & Repair Project Completion and Acceptance Staff is seeking Council approval for project completion, closeout, and release of retainage to ICON Materials in the amount of $968,927.36 for the overlay and repair of Tukwila Parkway (from Southcenter Pkwy to Andover Park West) and Andover Park West (from Midland Dr to S 180`h St). Four change orders were issued during this project for $31,438.96 and cost underruns were credited for $36,770.60. The project was completed under budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 19 CONSENT AGENDA. C. TUC Pedestrian /Bicycle Bridget Project Update Staff presented an information only update on design, right -of -way and funding. Staff was asked to bring presentation to full council when agenda is light. INFORMATION ONLY, WILL BE BROUGHT TO FULL COUNCIL AS A PRESENTATION AT A LATER DATE. III. SCATBd Nothing to report. IV. MISCELLANEOUS a) National Transportation Day is today. b) Revised Transportation Committee Goals handed out by Chair Kruller (attached). Goals will be forwarded to the Council President for discussion at the Council Retreat. c) Bob will check with City Clerk for status on resolution to change Transportation Committee start tiem to 5:15 p.m. Meeting adjourned at 6:05 p.m. Next meeting: Tuesday, February 26, 2013 Committee Chair Approval Minutes by BG,. Reviewed by GL. 19 20 COUNCIL AGENDA SYNOPSIS Initials Meetin Date Pre.ared 6 Ma i r'.r review Council review 02/11/13 SB i, ILIMIll IMIMMIDEMINI 02/11/13 02/19/13 SB ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY // Discussion // Resolution ITEM INFORMATION ITEM NO. 4.A. 02/19/13 Resolution in final form 21 STAFF SPONSOR: STEPHANIE BROWN ORIGINAL AGENDA DATE: 02/11/13 AGENDA ITEM TITLE A Resolution establishing Schedule. the 2013 Non - Represented employees Wage and Benefit 02/11/13 ❑ Mtg Motion Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY // Discussion // Resolution Mtg Date Mtg Date 02/19/13 SPONSOR ❑ Council ❑ Mayor ❑ DCD ❑ Finance ❑ .Fire ❑ IT ❑ P&R ❑ Police ❑ PW ■ HR SPONSOR'S The Council is being asked to consider adoption of a resolution establishing a cost of living SUMMARY wage adjustment and benefits schedule for non - represented employees effective January 1, 2013. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 02/05/13 I 1 F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. CoMMTrTEE Human Resources Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDTTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/11/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 02/11/13 Informational Memorandum dated 1/30/13 (Amended after FS Meeting) Resolution in Draft Form Attachment A - Draft 2013 Non - Represented Wage Schedule Attachment B - Draft 2013 Non - Represented Schedule of Benefits Attachment C - Draft 2013 Non - Represented Longevity Pay Schedule Attachment 1 - Spreadsheet of 2013 Wage adjustments of comparable cities. Draft minutes from the 02/05/13 Finance and Safety Committee meeting. 02/19/13 Resolution in final form 21 22 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND CLARIFYING THE NON - REPRESENTED EMPLOYEES' COMPENSATION AND ADOPTING THE NON - REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2013. WHEREAS, the Tukwila City Council approved Resolution No. 1537, dated December 1, 2003, which provided that a COLA would be applied to the non - represented employee wage schedule in odd - numbered calendar years; and WHEREAS, the COLA in previous years has been based on 90% of the Consumer Price Index, All Wage Earners (CPI -W) Seattle- Tacoma - Bremerton Area Semi - Annual Average (first half of calendar year to first half of following calendar year); and WHEREAS, the CPI -W Average for the above - stated period of time (first half of 2011 compared to first half of 2012) is 2.9 %; and WHEREAS, 90% of CPI -W as stated above is 2.61%; and WHEREAS, City Administration recommends a flat rate increase of 2.61% to base wage effective January 1, 2013 for non - represented employees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Non - Represented Employees Wage Plan. A. The 2013 wage schedule for non - represented employees shall be increased by a rate of 2.61%. B. Longevity pay will continue to be a part of the plan. C. Merit will continue to be eliminated from the plan, but may be considered as a plan element in subsequent years. W: \Word Processing-City \Resolutions \Non-Represented Employees Compensation -2013 1- 28- 13.doc 1 -28 -13 KG:bjs Page 1 of 2 23 Section 2. Non- Represented Salary Schedule, Employee Benefits Summary and Longevity Pay Plan. A. The "Non- Represented Salary Schedule — 2013," Attachment A hereto, shall be approved, effective January 1, 2013. B. The "Non- Represented Employee Benefits Summary — 2013," Attachment B hereto, shall be approved, effective January 1, 2013. C. The "Longevity Pay Plan for Non - Represented Employees — 2013," Attachment C hereto, shall be approved, effective January 1, 2013. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachments: - Attachment A, Non - Represented Salary Schedule — 2013 - Attachment B, Non - Represented Employee Benefits Summary — 2013 - Attachment C, Longevity Pay Plan for Non - Represented Employees — 2013 W: \Word Processing -City \Resolutions \Non - Represented Employees Compensation -2013 1- 28- 13.doc 1 -28 -13 KG:bjs 24 Page 2 of 2 Attachment A (Page 1 of 3) City of Tukwila Non - Represented Salary Schedule - 2013 Classification Title Job Title Range Administrative Support Technician Administrative Support Technician Al2 LOffice Technician Human Resources Technician B21 Office Specialist Assistant to the Chief B22 Administrative Assistant Deputy City Clerk Executive Assistant Assistant to the Director Council Administrative Assistant B23 Program Coordinator Systems Administrator Human Resources Assistant C41 Management Coordinator City Clerk Police Records Manager C42 Management Analyst Council Analyst Government Relations Manager Human Resources Analyst Parks & Recreation Analyst Project Analyst Public Works Analyst C42 Program Administrator Internal Operations Manager Public Works Coordinator Emergency Manager C43 Program Manager Assistant City Administrator Senior Engineer Building Official D61 Administrative Manager Maintenance Operations Manager D62 Assistant Director Deputy Community Development Director Deputy Finance Director Deputy Public Works Director Deputy Parks & Recreation Director Municipal Court Administrator D63 Department Manager Assistant Fire Chief Assistant Police Chief City Engineer D72 25 Attachment A (Page 2 of 3) City of Tukwila Non - Represented Salary Schedule - 2013 Classification Title Job Title Range Department Administrator Economic Development Administrator E81 Department Head Human Resources Director DCD Director Finance Director IT Director Parks & Recreation Director E83 Department Director Fire Chief Police Chief Public Works Director E91 City Administrator City Administrator F102 26 Attachment A (Page 3 of 3) 2013 - Non - Represented Salary Structure Non - Represented Salary Structure (Monthly) DBM Rating (Minimum) Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 All 3,860 3,981 4,103 4,223 4,343 Al2 4,166 4,299 4,432 4,562 4,691 A13 4,483 4,621 4,761 4,902 5,040 B21 4,682 4,858 5,035 5,210 5,389 B22 4,987 5,174 5,361 5,549 5,738 B23 5,287 5,487 5,686 5,884 6,086 B31 5,550 5,793 6,036 6,279 6,522 B32 5,992 6,255 6,519 6,781 7,045 C41 6,173 6,418 6,666 6,914 7,161 7,408 C42 6,520 6,783 7,043 7,304 7,565 7,829 C43 6,810 7,083 7,357 7,629 7,901 8,177 C51 7,032 7,347 7,663 7,980 8,294 8,614 C52 7,516 7,854 8,192 8,531 8,871 9,137 D61 7,436 7,808 8,180 8,554 8,925 9,294 D62 7,570 7,946 8,325 8,702 9,082 9,459 D63 7,834 8,226 8,618 9,011 9,403 9,793 D71 8,015 8,453 8,893 9,332 9,771 10,212 D72 8,411 8,870 9,330 9,789 10,251 10,710 E81 8,499 8,924 9,351 9,773 10,229 10,688 11,126 E82 8,812 9,254 9,696 10,137 10,580 11,022 11,463 E83 9,071 9,526 9,978 10,433 10,886 11,340 11,795 E91 9,387 9,857 10,327 10,798 11,267 11,738 12,208 E92 9,774 10,265 10,756 11,244 11,734 12,225 12,714 F101 10,168 10,676 11,183 11,694 12,204 12,710 13,220 F102 10,051 10,552 11,056 11,561 12,064 12,567 13,069 The rates above are a 2.61% increase from 2012 rates. 27 28 Attachment B (Page 1 of 2) Non - Represented Employee Benefits - 2013 Social Security (FICA): Social Security benefits shall be provided as contained in Section 2.52.010 of the Tukwila Municipal Code (TMC). State -Wide Employee Retirement System (PERS): Retirement shall be provided as contained in Section 2.52.020 of the TMC. Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. Regular part -time employees shall be entitled to benefits on a pro -rata basis. Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular part -time employees shall be entitled to benefits on a pro -rata basis. Medical Insurance: The City shall pay 100% of the 2013 premium for regular full -time employees and their dependents under the City of Tukwila self - insured medical/ dental plan. Premium increases above 8% per year shall result in a modified plan document to cover the additional cost above 8 %, or a premium shall be implemented for the difference, at the City's discretion. The City reserves the right to select all medical plans and providers. Regular part - time employees shall be entitled to benefits on a pro -rata basis. Employees who choose coverage under the Group Health Cooperative plan shall pay the difference between the City of Tukwila plan full- family rate and the rate charged to them by Group Health. Dental Insurance: The City shall provide 100% of the 2013 premium for the regular full -time employees and all dependents under the City of Tukwila self - insured medical /dental plan for dental coverage. Regular part -time employees shall be entitled to the same benefits on a pro - rata basis. Life Insurance: For regular full -time employees, the City shall pay the premium for Plan C (Multiple of annual earnings) or similar group life and accidental death and dismemberment insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Vision/Optical: To non- represented regular full -time employees and their dependents at the rate of $200 per person, to a maximum of $400 per family unit each year. Regular part -time employees and their dependents shall be entitled to benefits on a pro -rata basis. Disability Insurance: The City shall provide 100% of the premium for regular full -time employees for a comprehensive long -term disability policy. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Health Reimbursement Arrangement /Voluntary Employee Benefit Association (HRA/VEBA): VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended. 29 Attachment B (Page 2 of 2) Non - Represented Employee Benefits - 2013 Vacation: Following the sixth month of continuous employment, annual vacation leave of six full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted. Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days. Three additional days of annual leave shall be granted on the employee's anniversary date after the third, fourth and fifth years. After six years, the employee shall be granted one day per year additional annual leave to a maximum of 24 days per year. The maximum number of accrued hours is 384 or 48 days. Years of Service Vacation Accrual Years of Service Vacation Accrual 0 -1 years 12 days* 10 years 19 days 1 -2 years 12 days 11 years 20 days 3 -6 years 15 days 12 years 21 days 7 years 16 days 13 years 22 days 8 years 17 days 14 years 23 days 9 years 18 days 15 years 24 days (maximum) *Six full days will be granted following the sixth month of continuous employment. (Days accrue at eight hours, regardless of schedule worked.) Regular part -time employees shall be entitled to benefits on a pro -rata basis. Uniform Allowance: An annual uniform allowance of $350 shall be granted to the following employees: Fire Chief, Assistant Fire Chief, Police Chief, Assistant Police Chief, and Records Manager. 30 Attachment C Longevity Pay Plan for Non - Represented Employees - 2013 The monthly longevity flat rates shall be as follows for regular full -time employees after the completion of the number of years of full time employment with the City set forth below. Regular part -time employees shall receive longevity on a pro -rata basis. Completion of 5 years $75 Completion of 10 years $100 Completion of 15 years $125 Completion of 20 years $150 Completion of 25 years $175 Completion of 30 years $200 31 32 COUNCIL AGENDA SYNOPSIS Initials Meetin. Date Pre.ared b Major's review Council review 02/11/13 KAS In aili. tr1♦ .� 02/19/13 KAS ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY 0 Discussion a Ordinance Mtg Date Mtg Date 02/19/13 SPONSOR ❑ Council ❑ Mayor ❑ HR I 1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW ITEM INFORMATION ITEM NO. 4.B. 33 STAFF SPONSOR: BOB BENEDICTO ORIGINAL AGENDA DATE: 02/11/13 AGENDA ITEM TITLE An Ordinance to update TMC Chapter 8.28 regarding public nuisances. 02/11/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY 0 Discussion a Ordinance Mtg Date Mtg Date 02/19/13 SPONSOR ❑ Council ❑ Mayor ❑ HR I 1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S Updating TMC Chapter 8.28 to include revisions to Vacant Structures section and adding SUMMARY regulations regarding Recreational Vehicles in residential zones. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 01/28/13 /1 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMrhTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/11/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 02/11/13 Informational Memorandum dated 2/1/13 (Amended after CAP meeting) Ordinance as it appeared in CAP packet with changes to existing TMC (strike- through/ underlined) and after changes by the Committee (shaded) Draft ordinance with all changes incorporated Color photographs of vacant structures Spreadsheet of known vacant structures Minutes from the Community Affairs and Parks Committee meeting of 1/28/13 2/19/13 Ordinance in final form 33 34 Washington Ordinance No, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2144 §2, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 8.28.030, TO CLARIFY AND UPDATE THE NUISANCE CODE AND ITS PROVISIONS; ESTABLISHING NEW REGULATIONS REGARDING RECREATIONAL VEHICLES, TO BE CODIFIED AT TMC SECTION 8.28.070; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is necessary from time to time to add, revise and redefine the nuisance code provisions as codified in Tukwila Municipal Code (TMC) Chapter 8.28; and WHEREAS, the abatement of nuisances caused by vacant buildings or premises and the repair and rehabilitation of vacant buildings and premises is in the best interest of the citizens of Tukwila, and it is the City Council's desire to regulate vacant buildings, structures and premises to provide for the health, safety and welfare of its citizenry; and WHEREAS, the current regulations regarding vacant buildings have proven to be difficult to understand and enforce, and the City Council desires to update and clarify those regulations; and WHEREAS, regulations currently exist in the International Property Maintenance Code and the International Building Code that address the problem of vacant buildings, structures and premises; and WHEREAS, consolidating code language in a single location in the Tukwila Municipal Code will facilitate enforcement of these regulations; and WHEREAS, vacant buildings, structures and premises in general, particularly those that contain hazardous materials or that are unknowingly occupied, may pose an extraordinary danger to police officers or firefighters entering the premises during an emergency; and W: Word Processing \Ordinances\Nuisance Code updated final 2-12-13 KS:bjs Page 1 of 5 35 WHEREAS, it is in the City's best interest to discourage property owners from allowing their properties to remain indefinitely vacant and /or in a state of disrepair, and to provide an incentive for the return of vacant buildings, structures or premises to productive use; and WHEREAS, the elimination of neighborhood blight is in the City's best interest; and WHEREAS, the use of recreational vehicles as dwelling units on private property was formerly regulated in TMC Chapter 5.32, which was repealed by Ordinance No. 2355; and WHEREAS, the use of recreational vehicles as dwelling units on private property can pose a threat to public health due to lack of proper sanitary disposal facilities; and WHEREAS, use of the public right -of -way for long -term storage of recreational vehicles interferes with the public's use of such right -of -way for short-term parking and other authorized uses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 8.28.030 Amended. Ordinance No. 2144 §2, as codified at Tukwila Municipal Code (TMC) Section 8.28.030, is hereby amended to read as follows: 8.28.030 Vacant Buildings, Structures and Premises A. All vacant buildings, structures and premises, and all vacant land, shall be maintained in a clean, safe, secure and sanitary condition as required by the International Property Maintenance Code. B. Definitions. As used in TMC Chapter 8.28, the following definitions shall have the meanings set forth below: 1. "Abandoned Premises" means buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly becomes unprotected or unsecured, or which have structural collapse or fire spread to adjacent properties. 2. "Boarded" means covering of all entry points, including all doors and windows, with plywood or other materials for the purpose of preventing entry into the building by persons or animals. 3. "Chronic Nuisance Building or Premises" means a vacant nuisance building or vacant nuisance premises that has been abated but is not maintained free from violations for at least one year following abatement. 4. "Code Official" means the Building Official or designated Code Enforcement Officer. W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs 36 Page 2 of 5 5. "IBC" means International Building Code. 6. "IPMC" means International Property Maintenance Code. 7. "Vacant Building" means a building or structure that has not been occupied for over 30 days. 8. "Vacant Nuisance Building" means a building, structure or portion thereof that is vacant and exists with any one or more of the following conditions: a. Unsecured against entry; b. Old, dilapidated or has become so out of repair as to be dangerous, unsafe, and unsanitary or otherwise unfit for human habitation or occupancy; c. Condemned by the Code Official; d. Vacant for over 30 days, during which time the Code Official has issued an order to correct the public nuisance violations and those violations have not been corrected; e. Not monitored and maintained in accordance with the IPMC; f. Incomplete construction whereby the building permit has expired and the construction project has been abandoned for more than 30 days; g. An abandoned premises as defined in this section. 9. "Vacant Nuisance Premises" means the exterior premises of a vacant building, or vacant land that harbors junk vehicles, accumulation of rubbish or garbage, overgrown weeds, noxious weeds, unmaintained plant material and landscaping, or other violation of the IPMC for over 30 days, during which time the Code Official has issued an order to correct the public nuisance violations and those violations have not been corrected. C. Authority to Inspect. Whenever the Code Official has reason to believe that a premise or a building is vacant, the Code Official may inspect the premises and /or the building and surrounding premises. D. Declaration of Nuisance. Abandoned premises, chronic nuisance buildings or premises, vacant nuisance buildings, and vacant nuisance properties are found and declared to be public nuisances. E. Enforcement. 1. Enforcement of this section shall be in accordance with TMC Chapter 8.45. 2. The owner of an abandoned premise, vacant nuisance building, or vacant nuisance premises, shall be subject to the penalties set forth in TMC Chapter 8.45. W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs Page 3 of 5 37 3. Should a Violation Notice and Order be issued pursuant to TMC Chapter 8.45 and if compliance has not been achieved within 30 days from the date of the Violation Notice, the Code Official may proceed with abatement of the nuisance in accordance with TMC Section 8.45.105. The costs of such abatement, including any unpaid penalties, shall be recovered through a lien against the property. 4. Owners of chronic nuisance buildings or premises shall immediately and without notice be cited with penalties in accordance with TMC Section 8.45.100. Section 2. Regulations Established. TMC Section 8.28.070, "Recreational Vehicles," is hereby established to read as follows: 8.28.070 Recreational Vehicles A. Definitions: 1. "Recreational Vehicle" means travel trailer, motorhome, or the like used for temporary accommodations while traveling. Recreational vehicles also include boats, personal watercraft, snowmobiles and the like. 2. "Occupied as a dwelling unit" means used for sleeping, cooking, eating or bathing for longer than two weeks in any six month period. B. Recreational vehicles may not be occupied as a dwelling unit in any zone, except when parked in a licensed mobile home park. C. Recreational vehicles may be stored on private property on improved surfaces as specified in TMC Chapter 8.25. D. It is unlawful to park or store recreational vehicles on the public right -of -way except when actively loading or unloading. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs 38 Page 4 of 5 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs Page 5 of 5 39 40 mon TO: City of Tukwila CITY ADMINISTRATOR REPORT Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: February 13, 2013 SUBJECT: Report for February 19, 2013 Regular Council Meeting Jim Haggerton, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. The report consists of information provided by the Executive Team, with editing and input by the City Administrator. Please let me know if you have any questions or need additional information about any of the following items, and please feel free to contact any of the department heads for additional information. Intergovernmental and Local Issues Update MEETINGS • King County City Administrators /Managers Monthly Meeting: The City Administrator and Government Relations Manager attended the February 6 meeting where the following items were discussed: (1) 2013 Ballot Propositions: King County Parks Levy, EMS Levy, and other Potential Ballot Measures; (2) 2015 ICMA Conference Planning Update; (3) King County's Integrated and Accountable Health and Human Services Plan; (4) Legislative Update; and (5) SCA Update. • Community Schools Collaboration Meeting: The City Administrator met with Diane Summerhays (new Board President) and Debora Sales and discussed increasing Tukwila's membership on the board and other partnerships. ii. Department Updates MAYORS OFFICE • On 2/5 Mayor Haggerton, Council President Hougardy, and staff attended the Chamber Government Affairs meeting. The main topic was a presentation by Omar Lee on his proposed new development at 223 Andover Park East. • On 2/8, Mayor Haggerton and staff met with Albert Lee III, the owners of the property on which Albert Lee Appliance is located, and the owners of 223 Andover Park East and discussed the proposed new development. • On 2/12 Economic Development staff attended the Renton Technical College's business advisory board quarterly meeting and discussed business training needs. • Mayor's office staff participated in multiple overview /training sessions for the new Permit Tracking software. The City will also be utilizing a Citizen Issue tracking element that will provide greater efficiency in tracking issues. HUMAN SERVICES • We established referral protocol with the Somali Youth and Family Club (local non - profit) • Met and oriented a new Global to Local Americorp staff, as well as new staff with Lutheran Community Services. 41 City Administrator Report Page 2 • Attended Bhutanese performing arts event on 2/12 at the Tukwila Performing Arts Center • On Feb 13, started discussions with King County staff on priorities for federal funds received by King County Housing and Community Development. • The Office was extremely busy the first week of February with residents requesting utility or rental assistance. COMMUNITY DEVELOPMENT • Rental Housing_ Licensing - Renewal licenses have been processed for about 450 rental properties. Deadline for submittal of the renewals was 1/31/13. Delinquent notices will be mailed to those owners who have not yet submitted their renewals. Zone 3 inspections will be conducted this year in the area south of S. 144th and west of 1 -5. Rental units in this area must be inspected by December 31, 2013. Approximately 500 inspections were completed for Zone 2 units (north of S. 144th and east of I -5 /East Marginal Way — Allentown, Foster Point, Ryan Hill neighborhoods). • Work on the Duwamish River Shoreline - The Washington Conservation Corps crew, which was funded by the Washington Department of Natural Resources for urban forest restoration in Tukwila, completed its work on the Duwamish River shoreline this week. The crew grubbed out blackberry roots and other invasive plants along about 740 linear feet of shoreline, placed jute netting along the banks to prevent erosion, and planted 750 live willow and red osier dogwood stakes. They also cleared blackberries from two steep slope areas and installed erosion protection (wattles) and planted native trees, shrubs and ferns. This effort moved forward the Restore the Duwamish Shoreline Challenge being carried out in a partnership with BECU, Forterra, other local businesses and community volunteers. • Restore the Duwamish Challenge Project - DCD and Parks and Recreation Department staff provided support to a volunteer restoration event on Friday (Feb 8) as part of the ongoing Restore the Duwamish Challenge project with our partners, Forterra, BECU and other businesses. Volunteers worked along the shoreline in the Gateway South development, grubbing out invasive plants and mulching in preparation for planting in March. • Expired Permits vs. Financial Institutions - It appears that the banks are becoming more stringent in regards to construction /permits during the refinancing and /or sale of homes. There has been an increase in the number of requests for permit history on residential sites from these financial institutions. If permits have expired prior to obtaining an approved final, the banks have been directing the home owners to the Permit Center to get the situation taken care of. It has been a challenge to find a solution which includes inspecting work that was completed and covered prior to final inspection many years ago. PUBLIC WORKS • Televised Council Meetings: Due to unforeseen existing conditions, additional work is necessary to pull wire and cable, which has resulted in delays to the schedule. The additional costs are still within the budget and contingency. However, system testing will now be in March and a startup by April. 42 City Administrator Report Page 3 PARKS AND RECREATION • Dr. Seuss Night: The annual Dr. Seuss literacy event will be held on Thursday, March 7 from 6 — 8 PM at the Tukwila Community Center. Free shuttle service will be offered from Tukwila and Cascade View Elementary Schools throughout the evening. • Parks, Recreation and Open Space Plan (PROS): Staff attended the February 11, 2013 CAP meeting to seek authorization of the consultant agreement for the upcoming PROS Plan development. The contract will move forward through the regular City Council process. • Couch to 5K Program: Parks and Recreation Department Staff are volunteering their time to lead a city -wide employee "Couch to 5K" training program. The program will be offered during the lunch hour two days per week for nine weeks beginning February 26, 2013. In addition to offering a wellness benefit the program will enable staff to network between departments while exploring trails throughout Tukwila. The program is voluntary and participating staff will be utilizing their unpaid lunch /break times to participate. TUKWILA POOL — METROPOLITAN PARK DISTRICT (MPD) • Parking Lot — ADA Access Improvements / Roof Project: Parking lot improvements are complete and staff is wrapping up close -out of the project. The roof project will begin as soon as the weather cooperates. The roof has been roped off and Bates Roofing is on stand -by. POLICE • On February 1, 2013, Tukwila Police Department command staff and several officers attended a BEST Practices Human Sex Trafficking working group meeting hosted by the King County Prosecuting Attorney's Office and the Group, Businesses Ending Slavery and Trafficking (BEST). Attendees were from the lodging and tourism industry, criminal justice, BEST, The Center for Child and Youth Justice and others. The purpose and goal of the working group is to create best practices for reputable hotels and law enforcement to collaborate in responding to suspected sex trafficking incidents in hotels, collecting evidence for cases etc. • The Tukwila Police Department website has been updated. If you go to the website at http: / /www,tukwilawa,gov /police /pd,html you will see our vision statement on the home page and in the left hand column you can find tabs such as the annual reports, the Chief's message, and crime mapping and statistics. FIRE • We continue to participate in coordination discussions in the use of the Trakit program, with DCD, PW, and IT. Temporary Captain Schell remains focused on his special project in Fire Prevention, regarding the master address list. • Our Battalion Chief Promotional list expires in May and our Captains list expires in October. We are working with Human Resources to identify dates and processes for establishing new lists.. 43 44 Upcoming Meetings & Events February /March 2013 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) Presidents Day City offices closed " lik ➢ Utilities Crate, 5:00 PM (CR #1) ➢ Finance & Safety Crate, 5:30 PM (CR #3) ➢ Parks Commission, 5:30 PM (Community Center) ➢ Librar y Advisory Board, 7:00 PM (Community Center) Circuit City Development Concept Open House 5:00 -6:30 PM (Albert Lee Appliance, 404 pp Str•ander• Blvd) For additional information, contact Derek Speck (206) 433 -1832 > Tukwila Historical Society, 7:00 PM (Tufila Heritage & Cultural Center, 14475 5.0 Ave S.) Tukwila Intl. Action Trash Pickup 9:00 10:00 man For location R at r ra...-(cr or Blvd. Crate's Day AM contact ch sa, a r r org Gypsy Moth Open House 6:30- 8:00PM (Tukwila Elementary School) For more information visit www tukwrlawa o on "headlines" ➢ City Council Executive Session, 6:00 PM ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Tukwila Metropolitan Park District Board of Commissioners Meeting, 8:00 PM (Council Chambers) City Council Retreat February 22 - 24 25th (Monday) 26th (Tuesday) 27th (Wednesday) 28th (Thursday) 1st (Friday) 2nd (Saturday) ➢ Community Affairs & Parks Crate, 5:15 PM (CR #3) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Transportation Crate, 5:00 PM (CR #1) Community Meeting Open House Plan for the future of the Southcenter area. Noon — 1:30 PM (Albert Lee Appliance, 404 Str•ander Blvd) ➢ COPCAB, 6:30 PM (CR #5) ➢Planning Commission, 6:30 PM (Council Chambers) ➢ Tukwila Tree and Environment Advisory Committee Meeting, 5:30 PM (CR #2 — 6300 Southcenter Blvd.) ➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rm #5. Phi Huynh (206- 433 - 7175). ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Tt•antina at 206 - 433 -1868. ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf. Room #3 (A) An ordinance regarding advance payment of travel expenses. (B) Local Improvement District (LID) 33. (C) Police Department 4`r` Quarter (2012) update. ➢ Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. ➢ Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. ➢ Transportation Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1 ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861. ➢ Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1 (A) Video Inspection Vehicle Department of Ecology Grant Application. (B) Sewer Comprehensive Plan. 45 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. February 4 11 19 (Tuesday) See agenda packet cover sheet for this week's agenda (February 19, 2012 Regular Meeting). 25 Special Presentation: Introduction of Raejean Kreel, CERT Coordinator. King County Airport Noise Mitigation Update. Special Issues: An agreement for the Parks and Recreation Open Space Plan. A proposed Development Agreement for 223 Andover Park East. March 4 Special Presentation: 11 Special Presentation: 18 Unfinished Business: 25 Special Presentation: Somali Community Services Coalition Update. Unfinished Business: State of the Municipal Court. Public Hearing: A proposal Development Agreement for 223 Andover Park East. An update on the Hyde Shuttle. A proposed Development Agreement for 223 Andover Park East. Comprehensive Plan Updates Process. Special Issues: Authorize the Mayor to sign an agreement with MIG for the Parks and Open Space Plan in the amount of $94,041. An ordinance vacating portions of the existing South 178th Street right -of- way. A proposed Development Agreement for 223 Andover Park East. 46