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HomeMy WebLinkAboutCOW 2004-01-26 COMPLETE AGENDA PACKETTukwila City Council Agenda COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: Pam Carter Joe Duffie Rhonda Berry, Acting City Administrator Dave Fenton Joan Hernandez Jim Haggerton, Council President Pamela Linder Dennis Robertson PLEASE NOTE: EXECUTIVE SESSION 6:30 PM (30 MINUTES) Potential Litigation Pursuant to RCW 42.30.110(i) Monday; January 26, 2004, 6:30 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS 3. CITIZEN COMMENT/ CORRESPONDENCE 4. PUBLIC HEARING 5. SPECIAL ISSUES 6. REPORTS 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Export Promotion Allison Clark, Export Promotion Coordinator Human Services Update Evelyn Boykan At this time, you are invited to comment on items not included on this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. An ordinance renewing a six-month moratorium on acceptance of applications for certain land divisions and development activities and land uses within the area designated for Transit Oriented Development (TOD) around the temporary commuter rail/ Amtrak station at Lortgacres. Fort Dent /Interurban Ave. S. sewer project consultant agreement with AHBL, Inc. a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206 433 1800/TDD 206 248 2933. This notice is available at www.ci.tukwila.wa.us, and also in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. 1 CAS Number: 04-006 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 9.16.02 10.28.02 2.24.03 COUNCIL AGENDA SYNOPSIS Meeting Date January 26, 2004 February 2, 2004 ITEM INFORMATION O O 1 Original Agenda Date January 26, 2004 Public Hearing of a proposed ordinance extending a temporary moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. Council. Admin.xx Approval on February 2. 2004. Existing moratorium expires February 18, 2004. Recommend adoption of the proposed ordinance establishing a temporary moratorium on the acceptance of applications for development activities, land divisions, and land use decisions within the area designated for transit- oriented development (TOD) around the commuter rail/Amtrak station at Longacres. Conduct a Public Hearing and adopt the proposed ordinance. CAP recommends proposed ordinance to COW NA NA 1 Preoared..4 SL( SL Initials— ITEM N0. 1 Mayor's review 1 Council review 1 j,..,G- I 1 1 I I I RECORD OF COUNCIL ACTION 1 Action Council adopted Ordinance No. 1996, Establishing a temporary moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. Council held a public hearing on adopted Ordinance No. 1996. No action was taken, allowing the moratorium to continue uninterrupted until it expires in March, 2003. Council held a public hearing on Ordinance 2014 modifying and renewing the six -month moratorium. 3.03.03 Council adopted Ordinance No. 2014, establishing a temporary moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. 8.11.03 1 Council held a public hearing on proposed Ordinance 2025 renewing the six -month moratorium. 8.18.03 Council adopted Ordinance No. 2025, establishing a temporary moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. APPENDICES Meeting .Date 1 Attachments 1.26.04 I Memo to City Councilmembers RE: Public hearing on a proposed ordinance, establishing a temporary moratorium on Iand divisions and certain land use decisions in the Longacres TOD planning area. 1.2604 1 Proposed ordinance renewing six -month moratorium. 1.26.04 1 Copy of January 13, 2004 memo to CAP RE: Six-month renewal of Ordinance No. 2025. 1.26.04 1 Copy of Public Hearing Notice 1.26.04 Copy of letter dated January 12, 2004 sent to affected property owners and businesses in the TOD planning area. 1.26.04 1 Minutes of CAP meeting, January 13, 2004. City of Tukwila Department of Community Development Steve Lancaster, Director TO: City of Tukwila Co nclmembers From: Steve Lancaster n LN Date: January 20, 2004 Subject: Public hearing on an ordinance renewing a temporary moratorium on land divisions and certain land use decisions in the Longacres TOD planning area. Background Steven M. Mullet, Mayor To date, Council has adopted three six -month moratoriums on the acceptance of applications for certain land divisions, and development activities and land uses within the area designated for transit- oriented development (TOD) around the temporary commuter rail /Amtrak station at Longacres (see Figure 1). The first Ordinance (No. 1996) was adopted in September 2002. When it expired in March, 2003, Council adopted Ordinance No. 2014, allowing more interim use of properties during this planning period, while maintaining a moratorium on activities and uses that would have significant long -term impacts on the ability to successfully develop a TOD. When Ordinance 2014 expired on August 30, 2003, Council adopted Ordinance No. 2025, which extended the existing moratorium. Planning for the TOD area is underway, and there is still a need for keeping the moratorium in place until a master plan for the area is in place. CAP authorized staff to forward the proposed ordinance to Council for a public hearing at their COW meeting on January 26, 2004. Notice for the public hearing on the moratorium was provided. In addition, individual letters were sent to affected property owners and businesses notifying them of the scheduled hearing. Attached is a copy of the proposed ordinance. Update on the TOD Plan In the fall of 2002, the City received a $1.5 million federal grant to: prepare a TOD master plan for the Longacres area, identifying land use, urban design and transportation/circulation objectives complete the Tukwila urban center (TUC) plan and incorporate the TOD plan in the overall plans for the TUC. Since passage of the moratorium: all but one of the series of workshops and stakeholder meetings have occurred. The staff and consultant team, based on workshop results, is preparing detailed land use scenarios (based on public and City feedback) for the combined TUC /TOD areas, using two development alternatives. This plan will be folded into the overall Tukwila Urban Center (TUC) plan. A draft TUC plan is anticipated to be available in June, 2004. The final TUC Plan is anticipated to be completed and ready for the adoption process in fall of 2004. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 431 -366 In November, 2000, the Council approved an Unclassified Use Permit (UUP) for the construction and operation of the temporary Sounder Commuter Rail Station located within the TOD area. This UUP will expire at the end of February. In February, staff will be recommending the extension of this UUP for the temnorary station so that the design of the permanent Sounder station can be coordinated with the final TUC /TOD plan. Staff recommends a modification to the current moratorium ordinance to allow the UUP for the temporary station to be extended while the moratorium is in place. Provisions of the Ordinance Within the TOD planning area the current ordinance: Prohibits the filing of all permits and approvals related to: land divisions such uses or activities as manufacturing, industrial auto oriented businesses. Exempts the filing of and approvals related to: The expansion of existing businesses on existing lots. Sign permits and building permits for tenant improvements. Allows the filing of approvals related to: All other uses currently allowed under TUC zoning, which support and implement the vision for the area, including those that are easily redevelopable such as auto sales lots, contractor or storage yards, or commercial parking. Allows for the extension of a current land use permit from the moratorium provisions. Proposed Next Stens 1. Council holds a public hearing on the moratorium at their COW meeting on January 26, 2004. 2. At the next regular meeting on February 2, 2004, Council has the following options: a. Take no action. Current Ordinance No. 2025, establishing a moratorium on development in the TOD, will expire on February 18, 2004. Land divisions, development activities and land uses will be allowed under the City's zoning. Planning and implementation of a TOD and other transportation improvements may be more difficult. b. Adopt the proposed ordinance, essentially extending the current moratorium for six months. Council would then revisit the issue in six months (August, 2004). Staff Recommendations There is still a need for keeping the existing ordinance in place until a land use /transportation framework is adopted. Staff recommends renewing the ordinance with the modification allowing the extension of permits for current land use permits. Attached is a copy of the ordinance. Transit-Oriented Development / TOD Planning Area Figure 1 Vicinity Map MTV CITY OF TUKWILA, WASHINGTON Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SDC- MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila issued an Unclassified Use Permit in 1999 allowing Sound Transit to construct a temporary station for Sounder commuter rail and Amtrak service at Longacres, adjacent to the Burlington Northern Railroad; and WHEREAS, Sounder's Unclassified Use Permit for the temporary station expires in February, 2004, and either the station must be built or permit renewed prior to this date; and WHEREAS, the City recognized the unique opportunity to promote a more compact, mixed use, pedestrian supportive pattern of development that makes effective use of its proximity and accessibility to the rail station, and includes a mix of retail, service, office and residential uses; and WHEREAS, a more intensive pattem of transit- oriented development (TOD) would assist the City with the redevelopment of the Tukwila Urban Center, one of thirteen designated urban centers within King County, and provide workers with commercial, public and recreational services close to where they live or work; and WHEREAS, a more intensive pattern of TOD would benefit the region by assisting in achieving Growth Management Act requirements and increasing Local and regional transit ridership; and WHEREAS, in August, 2001, the City held a workshop, inviting other key stakeholders to explore the possibilities for a TOD in the Longacres area and WHEREAS, the workshop resulted in strong support for the project and a "vision" for land use and transportation in the Longacres TOD area; and WHEREAS, to implement this vision, the City applied for and was awarded a $1.5 million grant by the Federal Highways Administration to prepare a master plan for the Longacres area, identifying land use, urban design and transportation/circulation objectives, as well as to prepare implementing ordinances and design guidelines, complete environmental review of the plan and designate it as a planned action, and integrate the design of the permanent commuter rail/Amtrak station; and WHEREAS, while the City anticipates the TOD master plan project to be completed by the end of 20043, some issues need to be addressed immediately in order for the TOD project to be successful; and WHEREAS, the Tukwila Urban Center (TUC) zoning district allows for a variety of high- intensity regional uses in the TOD planning area, including light industry and warehousing, some of which may not be of appropriate type, density or character to support the intent of a TOD; and WHEREAS, the City has already received a proposal for development within the TOD planning area that would have been inconsistent with the stated vision for the TOD and threaten the successful implementation of the TOD master plan; and WHFREAS, the Longacres site is considered one of the region's key opportunities for TOD, primarily due to the large amount of vacant and redevelopable land surrounding the station; and WHEREAS. Sound Transit's Tlnclassified Ilse Permit for the tem ,orary Sounder Commuter Rail Station will need to he extended in order to ensure that the nernranent Sounder Station is designed based on a com-ileted TOD master nlan. and WHEREAS, any significant amount of new development occurring prior to the establishment of a desired pattern of uses in the TOD master plan could jeopardize the City's ability to implement the TOD plan; and WHEREAS, the City has already received a proposal for development within the TOD planning area that would have been inconsistent with the stated vision for the TOD and threaten the successful implementation of the TOD master plan; and WHEREAS, the City's Municipal Code allows for the division of land and adjustment of boundary lines that, if allowed to occur in the TOD planning area, would make future land assemblage for a TOD project difficult and costly, and threaten the successful implementation of the TOD master plan; and WHEREAS, within the TOD planning area, the City desires to take immediate steps to preserve the land available for development or redevelopment and restrict land uses that do not implement the vision for the area until the TOD at Longacres master plan and environmental review are completed, certain implementing zoning regulations are adopted by the City, and other related regional transportation infrastructure issues are decided; and WHEREAS, the City also desires to ensure public input on these issues; and WHEREAS, the City desires to preserve the status quo for the protection of the health, safety and welfare of City residents, as it relates to development in Tukwila, until these matters are more fully considered and, therefore, has determined that an emergency exists; and WHEREAS, on September 16, 2002, the City adopted Ordinance No. 1996 establishing a six-month moratorium on acceptance of applications for certain land divisions, and development activities and land uses within the area designated for transit- oriented development (TOD) around the temporary commuter rail/Amtrak station at Longacres; and WHEREAS, Ordinance No. 1996 expired on March 16, 2003, and the TOD planning process was not yet completed; and WHEREAS, a public hearing on proposed Ordinance No 2014 was held on February 24, 2003 and Council adopted Ordinance No. 2014 on March 3, 2003; WHEREAS. a nublic hearing on proposed Ordinance 2025 was held on August 11. 2003. WHEREAS. on August 18. 2003, Council adopted Ordinance No. 2025. establishing a temnorary moratorium on the accentance of annlications for certain land divisions and land use decisions within the area designated for transit oriented development. WHEREAS. Ordinance No.2025 will expire on February 18. 2004, and the TOD planning nrocess is not vet completed: and WHEREAS. a public hearing on this proposed ordinance was held on January 26. 2004: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact and Emergency Declared. The "Whereas" clauses, above, are hereby adopted by reference as the City Council's findings of fact as if fully set forth herein. Furthermore, the City Council hereby declares an emergency necessary for the protection of the public health and safety. Section 2. Moratorium Area Established. For the purposes of this ordinance, "the TOD planning area" is identified in Figure 1. This area is bounded by I -405 on the north, Tukwila city limits on the east, the southem boundary of parcel number 2523049006 on the south, and West Valley Highway on the west. Section 3. Moratorium on Activities. A moratorium is hereby established upon the filing of permits and approvals within the TOD planning area relating to: (a.) Land divisions: This includes all permits and approvals related to subdivisions, short subdivisions, boundary line adjustments, and lot consolidations. (b,) Development Activities and Land Uses: Except for sign permits, building permits for tenant improvements. the extension of current land use nermits, and expansion of existing businesses on existing lots, this includes all applications and approvals for any and all (i) rezones, (ii) conditional use permits, (iii) unclassified use permits, (iv) variances, (v) binding site plans, (vi) required environmental review, (vii) building permits, and (viii) land altering permits relating to the following activities and uses: Amusement parks Automobile, recreational vehicles or travel trailer sales rooms. No dismantling of cars or travel trailers nor sale of used parts allowed. Automotive services Cemeteries and crematories Commercial laundries Drive -in theaters Drive- through restaurants Electrical substations distribution Heavy equipment repair and salvage Internet data/telecommunication centers Manufacturing, processing and/or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs Manufacturing, processing, and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. Manufacturing, processing and/or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. Motels Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges Warehouse storage and/or wholesale distribution facilities Section 4. Effective Period of Moratorium. The moratorium established by this ordinance shall become effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. Section 5. Work Program. The Mayor is authorized to allocate the necessary resources to prepare a work program to address the land use and transportation planning issues identified in this ordinance and the City shall implement such a work program. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or preemption shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other persons or circumstances. Section 7. Effective Date. This ordinance, as a public emergency ordinance necessary for the protection of the public health and safety, shall take effect and be in full force immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004.. Al PEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney Steven M. Mullet, Mayor o City of Tukwila te !:_J Department of Community Development TO: Community Affairs and Parks Committee Members From: Steve Lancaster, Director Date: January 13, 2003 Subject: Renewing the current moratorium on certain land divisions and development activities within the transit oriented development (TOD) planning area Background To date, Council has adopted three six -month moratoriums on the acceptance of applications for certain land divisions, and development activities and land uses within the area designated for transit- oriented development (TOD) around the temporary commuter rail/Amtrak station at Longacres (see Figure 1). The first Ordinance (No. 1996) was adopted in September 2002. When it expired in March, 2003, Council adopted Ordinance No. 2014, allowing more interim use of properties during this planning period, while maintaining a moratorium on activities and uses that would have significant long -term impacts on the ability to successfully develop a TOD. The third ordinance (No. 2025) was adopted in August 2003, renewing Ordinance 2014. Ordinance No. 2025 will expire February 18, 2004. Council must decide whether to hold a public hearing and renew the ordinance or let the moratorium lapse. Planning for the TOD area is progressing, however there is still a need for keeping the moratorium in place until a master plan for the area is in place. In November, 2000, the Council approved an Unclassified Use Permit (UUP) for the construction and operation of the temporary Sounder Commuter Rail Station located within the TOD area. This UUP will expire at the end of February. In February, staff will be recommending the extension of this UUP for the temnorary station so that the design of the nermanent Sounder station can be coordinated with the final TUC /TOD plan. Staff recommends a modification to the current moratorium ordinance to allow the UUP for the temporary station to be extended while the moratorium is in place. Provisions of the Ordinance Within the TOD planning area the current ordinance: Prohibits the filing of all permits and approvals related to: land divisions such uses or activities as manufacturing, industrial auto oriented businesses. Steven M. Mullet, Mayor Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665 Exempts the filing of and approvals related to: The expansion of existing businesses on existing lots. Sign permits and building permits for tenant improvements. Allows the filing of approvals related to: All other uses currently allowed under TUC zoning, which support and implement the vision for the area, including those that are easily redevelopable such as auto sales lots, contractor or storage yards, or commercial parking. Exempts the extension of a current land use permit from the moratorium provisions. Update on the TOD Plan In the fall of 2002, the City received a $1.5 million federal grant to prepare a TOD master plan for the Longacres area, identifying land use, urban design and transportation/circulation objectives. These grant funds will also be used to complete the Tukwila urban center (TUC) plan and incorporate the TOD plan in the overall plans for the TUC. Since passage of the original moratorium: Three of a series of four workshops and stakeholder meetings have been held. The consultant team, based on workshop results, is developing a future land use and capital improvement scenario for the TOD area. This plan will be folded into the overall Tukwila Urban Center (TUC) plan. A draft of the TUC plan (including the TOD area) is anticipated to be completed and ready for public review in June, 2004. Council consideration of the draft plan is expected to take place in fall, 2004. Options 1. Council renews Ordinance 2025 with the recommended modification. It remains in effect for six months, at the end of which Council must hold another public hearing and renew, modify, or repeal the moratorium. 2. Council renews the Ordinance without modification. Its provisions remain the same as the current Ordinance No. 2025, without modifications. The UUP for the Sounder temporary commuter rail station lapses and the station becomes non compliant The moratorium remains in effect for six months, at the end of which Council must hold another public hearing and renew, modify, or repeal the moratorium. 3. Council modifies the Ordinance further. It remains in effect for six months, at the end of which Council must hold another public hearing and either renew, modify, or repeal the moratorium. 4. Council allows the Ordinance to lapse. Land divisions, development activities and land uses will occur in the area as allowed under the City's zoning. Planning and implementation of a TOD and other transportation improvements may be more difficult. Proposed Next Stens There is still a need for keeping the existing ordinance in place until a land use /transportation framework is adopted. Staff recommends renewing the ordinance without modifications. Attached is a copy of the ordinance. 1. Forward the Ordinance as written or amended to the Council for a public hearing at their COW meeting on January 26, 2004. 2. At their regular meeting on February 2, 2004, the Council will determine whether to renew or modify the Ordinance, or allow the current moratorium to lapse. [Bob Bob Baker Alice noticceofpublichearing.doc Page 1 CITY OF TUKWILA NOTICE OF PUBLIC HEARING An Ordinance renewing a six -month moratorium on acceptance of applications for certain land divisions, and development activities and land uses within the area designated for Transit Oriented Development (TOD) around the temporary commuter rail /Amtrak station at Longacres. NOTICE IS HEREBY GIVEN the Tukwila City Council will hold a public hearing on Monday, January 26, 2004 at 7:00 p.m., in Council Chambers, at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, to consider All interested persons are invited to attend to voice approval, disapproval, or opinions on this issue. For those unable to attend in person, you may submit written testimony to the City Clerk's Office until 5:00 p.m., on the day of the hearing. Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities; reasonable accommodations are available at the public hearing with advance notice to the City Clerk's Office. This notice is also available in alternate formats for individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 or TDD 206 -248 -2933 if we may be of assistance. Published: Seattle Times 01/ aka-- Jane E. Cantu, CMC City Clerk January 12, 2004 Dear Sir or Madam: City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF PUBLIC HEARING The Tukwila City Council is considering renewing Ordinance No. 2025 establishing a temporary moratorium on certain land divisions, and development activities and land uses within the area designated for Transit Oriented Development (TOD) around the temporary commuter rail/Amtrak station at Longacres (see Figure 1). This renewal will include a modification allowing the extension of current land use permits under the moratorium. According to City records, your property or business may be affected by this moratorium. Consequently, we wanted to notify you of the public hearing on this ordinance scheduled for Monday, January 26, 2004, at 7:00 p.m. in Council Chambers, located in Tukwila City Hall, 6200 Southcenter Blvd. The moratorium is intended to preserve land available for development or redevelopment and restrict land uses that do not implement the vision for the area until land use and transportation plans and regulations supporting the TOD are in place. Within the TOD area, the current ordinance. Prohibits the filing of all permits and approvals related to: land divisions such uses or activities as manufacturing, industrial auto oriented businesses. Allows the filing of and approvals related to: The expansion of existing businesses on existing lots. Sign permits and building permits for tenant improvements. Steven M. Mullet, Mayor Allows the filing of approvals related to: All other uses currently allowed under TUC (Tukwila Urban Center) zoning which support and implement the vision for the area, including those that are easily redevelopable such as auto sales lots, contractor or storage yards, or commercial parking. The current Ordinance, No. 2025, expires February 18, 2004. Council must hold a public hearing and decide whether to renew the ordinance or let the moratorium lapse. Planning for the TOD 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 area is underway, and there is still a need for keeping the moratorium in place until a master plan for the area is in place. For additional information, or to obtain a copy of the proposed ordinance, please contact Alice Strand, Senior Planner, or Jack Pace, Deputy Director, at 206.431.3670. Sincerely, c 'c L. A.-- Steve Lancaster Director, Department of Community Development Community and Parks Committee January 13, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Steve Lancaster, Rhonda Berry, Lucy Lauterbach Renewing Moratorium on TOD The moratorium on building in the Transit Oriented Development area (TOD) has been in place since 2002. Since that time the City has broadened the uses allowed in the area. The TOD master plan has also made progress, with a series of meetings to explore future land uses and infrastructure plans. The current moratorium will expire February 18. Steve explained that one thing in the ordinance extending the moratorium is an allowance for the Sound Transit station unclassified use permit to be extended Staff wants that provision in order to allow negotiations for the station to proceed. Steve thought they could negotiate a better permanent station if the permit were not forced to be closed now. The design for the permanent station is still in flux. Pam asked about staffing for Sound Transit. Steve said he has had from 1 -1.25 FTE people working on Sound Transit over the past couple of years. However, as work on permitting is nearing an end, the next phase will relate more to development and construction, which is why Public Works is devoting a person to Sound Transit now. Pain asked that he detail that in a short memo to Council. Recommend moratorium ordinance to COW. Tukwila Library Rhonda and the mayor have a meeting with Bill Ptacek to discuss changes at Tukwila Library. Rhonda explained the City had an agreement with the Library District in 1982, and another interlocal was adopted when citizens assumed the cost of the Library District taxes in 1991. The later agreement discusses how library services will remain at the same level, which leads to various interpretation. This item will be on the Council agenda next week. Information. Committee chair approval ITEM' INFORMATION CAS Number: 04-007 I Original Agenda Date: January 26, Agenda Item Title: Fort Dent/Interurban Ave S Sewer Project Consultant's Agreement with AHBL, Inc. I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting bate 1 1/26/04 Meeting Date 1/26/04 COUNCIL AGENDA SYNOPSIS Meeting Date 1/26/04 Initials Prepared by 1 Mayor's review 1 Council review MC,S)I 1 H v I Council Admin. Public Works The contract is for the design of the Fort Dent Sanitary Lift Station No. 6 that services the Fort Dent area. Due to increased capacity with the new development, the flows will be rerouted west to Fort Dent Way and then north in Interurban Ave S to the existing sanitary sewer line. Authorize the Mayor to sign the agreement with AHBL, Inc. Forward to Committee of the Whole and then Regular Same as Sponsor $58,354.00 303 Facilities Fund ,OJIIC IIA Action ENDICES Attachments Information Memo dated January 13, 2004 Consultant's Agreement with Exhibits A B Utilities Committee Meeting Minutes from January 21, 2004 2004 ITEM NO. To: Mayor Mullet From: Public Works Direct Date: January 13, 2004 VV Subject: Fort Dent /Interurban Avenue South Sewer Proiect Consultant Recommendation ISSUE Approve AHBL, Inc., for $58,354.00 to perform design work for the Fort Dent/Interurban Avenue South Sewer Project. BACKGROUND Starfire Sports is constructing a soccer facility in Fort Dent Park. When the indoor soccer center is complete, the existing Sanitary Lift Station No. 6 will not have enough capacity to accommodate the proposed sewage flows from the soccer center. ANALYSIS The existing Sanitary Sewer Lift Station No. 6, serving the Fort Dent area, will be at over capacity with the completion of the Starfire Soccer Complex in Fort Dent Park this summer. To mitigate the increased flows of sanitary sewage to Lift Station No. 6 from Starfire Soccer Complex, the flows from Lift Station No. 5 will be rerouted west in Fort Dent Way and then north in Interurban Avenue South 2100 linear feet north to the existing sanitary sewer. Since this is a City owned facility and does not enhance the entire sewer system, this project will be initially funded by the City's 303 Facilities Fund. The 303 Fund will be reimbursed by Starfire's permit fees along with future development and possibly by the sewer fund. Three firms were short- listed from the current Consultant Roster; AHBL, Inc., The McAndrews Group and SVR. AHBL, Inc. has been involved in the design of municipal infrastructures for over 20 years and has the most direct experience and understanding of the needs of the City of Tukwila for this project. Therefore, AHBL, Inc. is recommended to carry out the design work for the Fort Dent/Interurban Avenue South Sanitary Sewer Project. RECOMMENDATION Authorize Mayor to execute agreement with AHBL, Inc., in the amount of $58,354.00. MC:lw attachments: Consultant Agreement Scope of Services (Piaurk Admin\Mike)memo011304sm Fort Dent Imemrban Sewer) INFORMATION MEMO (June 6, 2002) CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City," and AHBL, Inc., hereinafter referred to as "the Consultant," in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform professional engineering services in connection with the project designated Fort Dent/Interurban Avenue Sewer Extension. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Time. for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all design services and provide all design work product required pursuant to Task 1 and 5 of this Agreement within 180 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit `B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $58,354.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidental necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications, or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by negligent act, omission, or failure of the Consultant, its officers, agents, and employees in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officer, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend, and hold harmless provided for in this paragraph extends to any claim by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents, and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents, or employees, this obligation to indemnify, defend, and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents, and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision of prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant 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 (June 6, 2002) 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. (June 6, 2002) employee between the parties hereto. Neither the Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner, or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this CITY OF TUKWILA Steven M. Mullet, Mayor Attest/Authenticated: Approved as to Form: Jane E. Cantu, City Clerk Office of the City Attorney (June 6, 2002) City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Notices to Consultant shall be sent to the following address: AHBL, Inc. Doreen Gavin, PE, Vice President 2215 North 30 Street Suite 300 Tacoma, WA 98403 day of 2004. AHBL INC. Vi z.. Doreen Gavin, P.E. Vice PresidentfPrincinal Title 01/09/2004 17:13 FAX 2533832572 AHBL INC "Exhibit Au SCOPE OF WORK FOR FORT DENT /INTERURBAN SEWER EXTENSION The work to be performed under this contract is generally described in the major tasks listed below: Task Nn. 1: Gravity and Force Main Sewer Desi' n. Provide design engineering services to the City for: A. 2,100 linear feet of gravity sanitary sewer in Interurban Avenue, north of Fort Dent Way. B. 700 linear feet of 6 -inch force main from Lift Station #5 in the center of the cul-de -sac at Fort Dent Way and west to Interurban Avenue. Prepare plans and technical specifications for the construction contract. Assume one construction contract for the gravity sewer, force main and pump station piping modifications or upgrades. Specifications will utilize the Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction, 2002 Edition, with Special Provisions prepared to address the project. Specifications will include the work item summary for the Bid form. The City will provide Divisions 0 and 1 Task 1.1— Schematic Design (35% CD): Prepare documents at a scale and detail that minimizes the possibility of major modifications during subsequent phases. The 35- percent CD documents will illustrate and describe the elements of the project, establish the size and extent of the project by means of plans, profiles, and construction details and sections. The 35- percent submittal will include the bid form item and quantity list. Services include one meeting with the City staff to discus the project goals and objecdves. Task 1.2 Construction Documents (95% CD) and Permit Submittal. Prepare 95- percent drawings with special provisions based upon the approved 35- percent submittal with the City comments incorporated Facilitate and document one meeting with city staff to review the 35% comments. Review city. furnished specifications for Division 0 and 1 and provide comment. Perform in -house quality reviews and overall coordination.xeview. Task 1.3 Construction Documents (100% CD) and Bidding Submittal: Prepare 100 percent drawings, special provisions, and incorporate envitonmentalpesmit provisions. Task 1.4 Project Administration: Prepare and maintain the project schedule, prepare monthly invoices and status reports, and maintain communications including meeting minutes, files, and documents. Coordinate design team activities through internal meetings and memorandums and develop internal work plans. Task 1.5 Project Coordination: Provide project coordination with affected agencies to include, but not limited to, private utility companies, METRO, transit, school, DOH, DOE, City, fire department, and "other" governmental agencies. ii 002 01/09/2004 17:13 FAX 2533832572 AJiEL INC Task No. 2: Lift Station Evaluation Provide engineering services to the City to evaluate the performance of the existing pumping facilities installed in the sanitary sewer lift station for the proposed alignment of the force main connection to the proposed Interurban Avenue gravity sanitary sewer. The evaluation will focus on pumping capabilities, piping and related components configuration, and piping and related component upgrades desired by the City. An electrical analysis will not be performed, and design for modifications other than piping and pipe connections are excluded. If additional work is determined to be required, design services for this additional work can be negotiated with an Agreement Amendment. The evaluation report shall .be submitted with the 35% documents. Task Nn. 3: Construction Cost Onininn Prepare an opinion of probable construction cost for the proposed installation of the gravity sewer and force main. Provide estimates at completion of the 35% CD, 95 CD and 100% CD phases. Task No. 4: Environmental and Petmittino Provide the required land use permit documents and reports. This project will require the issuance of a Shoreline Substantial Development Permit (Type II Administrative Review in the City of Tukwila) and SEPA Environmental Review. Task No, 4.1; Identify all necessary permits. (Does not include permit fee.) Anticipated permits include Shoreline Substantial Development Permit, which will be applied for through the preparation of a Joint Aquatic Resources Protection Application QARPA), Floodplain Management, and a National Pollution Discharge Rlimination System (NPDES) permit. Wetlands permits are not included. Task No 4.2; Prepare SEPA Environmental Checklist and modify up to three times to accommodate the City's use during the public notice and comment phases. Task No, 43: Prepare and submit a JARPA to the City. If requested by City staff, distribute the JARPA directly to the Washington State Department of Ecology for review and comment Task No. 44j Prepare and submit application materials for the NPDES permit. This work will involve preparing the application materials and public notice documents for publication in the City's newspaper of general circulation at least two times no sooner than one week apart Task Nn. 5: WSDOT Permitting Prepare and submit application materials to the Washington State Department of Transportation WSDOT) for work located within their area of controlled access (Fort Dent Way at Interurban Avenue). The WSDOT submittal shall occur after incorporating the City's 35% review comments into the plans. Task Nn. 5.1: Prepare the WSDOT Developer's Agreement form for the City signature. 10 003 U1 /U» /4UU4 11:14 Mdd zayso.,ta, nn01. Sou Task Nn. 5.2: Prepare a Traffic Control Plan for work at the intersection. This work may involve the retrieval and use of existing road drawings for those areas not included within the City provided topographic survey. Task No. 5.3_ Prepare the WSDOT Application Form. Task Nn. 6! Rid and Cnnstnir_tinn Phase Services (Qntinnallj Construction management and bid /award phase services will nbt be provided as a part of this contract. If these support services are required, an agreement amendment will be negotiated. 01/09/2004 17:14 FAX 253341325/2 ACCL lfos Includes 10% Administration Fee f t L‘H 1 13 CITY OF TUKWILA FORT DENT /INTERURBAN AVENUE SEWER IMPROVEMENT (See Exhibit "A" for description of tasks) DESIGN PHASE SERVICES COMBINED FEE AMOUNT TASK NO. PRINCIPAL PROJ MNGR CIVIL ENGR I' CIVIL ENGR II TECH TYPIST 1 •16 62 190 164 28 2 2 10 32 18 2 3 3 4 16 4 4 5 2 4 16 12 2 yJ uUJ Total Hours 23 84 254 0 194 32 Est Rate $48 $35 $25 $22 $25 $15 Direct Labor $1,104 $2,940 $6,350 $0 $4,850 $480 Direct Labor Costs $15,724 Indirect Labor @1.53 x Direct Labor Cost $24,058 Total Labor Costs $39,782 i Profit 15% $5,967 v Subtotal, Labor and Fee $45,749 Expenses $12,605 Permitting (AHBL) Printing (Ford Graphics) Miscellaneous (Mileage, Photos, other) $11,105 $1,000 $500 Estimated Total Costs $58,354 1/9/2004 AHBL 203637.10 01/09/2004 17:15 FAX 2533832572 ABEL INC CITY OF TUKWILA FORT DENT /INTERURBAN AVENUE SEWER IMPROVEMENT (See Exhibit "A" for description of tasks) AHBL PLANNING /PERMITTING TASK NO. PRINCIPAL PROJ MNGR PLANNER TYPIST 4 6 37 82 6 Total Hours 6 37 82 0 0 6 Est Rate $48 $33 $26 $15 Direct Labor $288 $1,221 $2,132 $0 $0 $90 +R1uub Direct Labor Costs $3,731 Indirect Labor @1£3 x Direct Labor Cost $5,708 Total Labor Costs $9,439 Profit 15% $1,416 Labor and Fee $10,855 Printing, mileage, arid photos $250 Subtotal $11,105 1/9/2004 AHBL 203637.10 Utilities Committee January 21, 2004 DRAFT Present: Pam Carter, Chair; Pam Linder, Dennis Robertson Jim Morrow, Frank Iriarte, Mike Cusick, Gail Labanara, Pat Brodin, Bob Giberson, Mike Sweeney, Rick Still, Lucy Lauterbach 1. Miscellaneous Painting Proiect Accentance The City had painting and miscellaneous small projects at the Tukwila Library, Minkler Shops and other places. Washington Industrial Coatings won the bid for the project, which was completed in late October 2003. The project was within budget. Pam noticed a small accounting error that will be adjusted. Jim said he will try to change the way small painting projects are bid in the future. Recommend to consent agenda acceptance of nroiect and release of retainage to Washington Industrial Coatings. 2. Duwamish Area Improvements The project to install sewers, storm drains, sidewalks and some street improvements is finished. The project was a joint one between the City and ValVue whose sewer district covers Duwamish. Both governments each spent about $1.1 million on the project. The City and ValVue got a Public Works Trust Fund loan to cover the cost of improvements. The project is in and working well. Recommend project acceptance at a Regular Meeting. 3. Fort Dent/ Interurban Sewer Proiect There are currently two lift stations around Fort Dent Park After studying the area, staff recommended the Starfire project's storm water go to Lift Station 6 at the north end of the park. From there it will go under the railroad tracks to the Metro sewer treatment plant. However, with more development going into that area, more capacity is needed. The solution is to also run a storm drain line on Interurban from Fort Dent north. The $150,000 cost for that line will come from the small projects 303 fund, which is a general fund. The committee wanted to know why the funds weren't taken from the enterprise fund, or if repayments of the cost through future developer agreements could repay the 303 fund. Jim said he would include a page on the financing of the project when it comes to Council. Another issue that was discussed was what level of project was allowed to be done by short-list consultants. Staff replied that all engineering designs can come from that list. Its purpose is to ensure a certain quality in the engineering reports. Recommend AHBL agreement and financing details to COW. 4. Golf Course Proiect Change Order Mike explained they found out in late November they needed a new sewer line to the clubhouse due to a fracture and sag affecting flow in the former line intended to be used.. When the decision to replace the pipe was made they asked the current contractor to estimate costs. Mike. The City rejected the price as too high, and the contractor secured other proposals that demonstrated nearly the same costs or higher. The higher costs are attributed to the need to deeply excavate a trench to expected 22' depths, and the equipment, materials, and labor needed to de- water, shore and brace the trench. Ground water can cause collapses and fill the trench unless de- watering wells and related measures are taken to prevent that. Mike said they are anxious to proceed to keep the project on its mid April opening schedule; however, this may keep the rest of the parking lot from being completed on schedule.