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HomeMy WebLinkAboutReg 2004-02-17 COMPLETE AGENDA PACKETTukwila City Council Agenda REGULAR MEETING 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 Tuesday, February 17, 2004; 7 PM Ord #2038 Res #1542 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 2. SPECIAL Southwest King County Chamber of Commerce update by Nancy Damon. PRESENTATIONS Puget Sound Access update: Frank Iriarte, City of Tukwila Public Works Dept. Keri Stokstadt, Director of Puget Sound Access. 3. CITIZEN At this time, you are invited to comment on items not included on this COMMENT/ agenda. To comment on an item listed on this agenda, please save your CORRESPONDENCE comments until the issue is presented for discussion. 4. CONSENT AGENDA a. Approval of Minutes: 1/20/04 and 2/2/04 (Regular Meetings). b. Approval of Vouchers. c. Purchase of riverfront property belonging to WSDOT on West Valley Highway. (Refer to 2/9/04 COW packet.) d. Authorize the Mayor to sign an interlocal agreement establishing a Jail Oversight Assembly, Jail Administration Group and Jail Operations Group. (Refer to 2/9/04 COW packet.) e. Authorize the Mayor to sign a professional services contract with M.J. Durkan, in an amount not to exceed $24,000.00, plus expenses (expenses not to exceed $500 per month without prior approval of the City). (Refer to 2/9/04 COW packet.) 5. BID AWARD A resolution rejecting the lowest responsive bidder and awarding the bid to the second lowest responsive bidder, Gary Harper Const., Inc., in the amount of $233,789.44, for the Sewer Lift Station #12 Pump Upgrade Generator Project. (Refer to 2/9/04 COW packet.) 6. PUBLIC HEARING I Extension of Unclassified Use Permit Sounder Station. Pg.19 7. UNFINISHED a. A resolution designating representatives for the Metropolitan Water P 41 BUSINESS Pollution Abatement Advisory Committee (MWPAAC). b. An ordinance regarding flood plain management and prevention policies required of jurisdictions participating in the National Flood Insurance Program. c. Authorize the Mayor to sign a legal services contract with the law firm of Kenyon Disend in the amount of $311,736.00 (plus extraordinary expenses) for the period 1/1/04 to 12/31/04. (Refer to 2/9/04 COW packet.) 8. REPORTS I a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT 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. Pg. 3 Pg.13 Pg.15 Pg. 45 Pg. 59 1 CAS Number: ref 04-014 Original Agenda Date: 2/9/04 Agenda Item Title: Purchase of WSDOT Property Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): 2 /9/ 0 4 Meeting Date 2/17/04 I WSDOT Quitclaim Deed Initials Meeting Date 1 Prepared by 1 Mayor's review I Council review 2/17/04 I I ,7 ITEMNO. Council 2/17/04 The Washington State Department of Transportation would like the City to either purchase the 1 acres of land along the river (behind the Helen Nelson property) or withdraw our original offer. It is the opinion of the Parks Recreation Department to be a valuable land investment for a future pocket park at a fair purchase price. Purchase the riverfront land from WSDOT. Same as sponsor Same as sponsor $38,700.00 (plus $24.00 recording fee and excise tax affidavit fee). $38,700 from ending fund balance COW moved to the Regular Council Meeting Admin. Parks Recreation Attachments Washington State Vf/ Department of Transportation Sid Morrison Secretary of Trarsooration December 7, 2000 Bruce Fletcher Parks and Recreation City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RE: IC #1 -17 -05817 Dear Mr. Fletcher: The enclosed Quitclaim Deed from the State of Washington is sent for review and approval by the City. Please note that this instrument has not been executed and therefore does not yet convey title. The City's approval should be indicated be a signature on the lines provided on page3. Do not have these signatures notarized. After you have signed the instrument as requested, please return it along with a check in the amount of 538,700.00 made payable to the Department of Transportation, for the balance of the purchase price. Additionally, please enclose a check for the recording fee in the amount of =00 payable to King County Records and a check for the excise tax affidavit fee in the amount of $2.00 payable to the King County Treasurer. We will then have the instrument executed and recorded. The original recorded deed will be returned to you after processing. Please contact me if you have any questions regarding this matter. My telephone number is (360) 705 -7331. Sincerely, Ron Carvalho Disposal Manager T:anscc «arc:' Buic". AFTER RECORDING RETURN TO: ATTN: REAL ESTATE SERVICES DEPARTMENT OF TRANSPORTATION P.O. BOX 4 7338 OLYMPIA, WA 98504 -7338 Document Title: Quitclaim Deed Reference Number of Related Document: N/A Grantor (s) State of Washington Grantee (s) City of Tukwila, a municipal corporation Legal Description: Portion of the Henry Meter Donation Land Claim No. 46, portion of the W.H. Gilliam Donation Land Claim No. 40 and portion of the former bed of the Green River Sec 24, T23N, R4E, W.M.. Additional Legal Description is on Page 1 2 of document Assessor's Tax Parcel Number: 000580 0010 SR 405, Green River Interchange. KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, Grantor, for and in consideration of FORTY THREE THOUSAND AND NO /100 DOLLARS ($43,000.00), hereby conveys and quitclaims unto the CITY OF TUKWILA, a municipal corporation, Grantee, all right, title, and interest under the jurisdiction of the Grantor, in and to the following described real property situated in King County, State of Washington: That portion of the hereinafter described Parcel A lying easterly of the easterly bank of the Green River as it exists after the channel change shown on Sheet 2 of State Highway right of way plan entitled SR 405, Green River Interchange, approved January 1, 1962: PARCEL A: QUITCLAIM DEED Page 1 of 4 Pages IC #1 -17 -05817 if any. That portion of the Henry Meter Donation Land Claim No. 46, that portion of the W.H. Gilliam Donation Land Claim No. 40, and that portion of the former bed of the Green River, all in Section 24, Township 23 North, Range 4 East, W.M., described as beginning at point opposite Highway Engineer's Station (hereinafter referred to as HES) T 85 +50 on the T Line Survey of SR 405, Green River Interchange and 40 feet easterly therefrom; thence easterly to a point opposite said HES and 250 feet easterly therefrom; thence North 21° 27' 39" East 397 feet; thence North 10° 31' 46" West 176.86 feet; thence North 59° 44' 25" West 145.88 feet; thence North 20° 27' 51" West 197.73 feet to a point opposite HES 107 +12.11 on the SR 405 Line Survey of said highway and 140 feet southerly therefrom; thence westerly to a point opposite HES 105 +40.26 on said Line Survey and 122.32 feet southerly therefrom; thence westerly to a point opposite HES 104 +53.41 on said Line Survey and 113.38 feet southerly therefrom, said point being on a line drawn parallel with and 40 feet easterly of the T Line Survey of said highway: thence southerly parallel with said T Line Survey to the point of beginning. Subject to all existing encumbrances, including easements, restrictions and reservations, The Grantor herein reserves all rights of ingress and egress, including all existing, future or potential easements of access, light, view and air between said SR 405 and the lands herein conveyed. Nor shall the Grantee herein, its successors or assigns, be entitled to compensation for any loss of light, view and air occasioned by the location, construction, maintenance or operation of said SR 405. The specific details concerning all of which may be found on sheet 2 of that certain plan entitled SR 405, Green River Interchange., approved January 1, 1960 and sheet 1 and 2 of that certain plan entitled SR 405, Green River Interchange., now of record and on file in the office of the Secretary of Transportation at Olympia, Washington, bearing date of approval December 18, 1992. Page 2 of 4 Pages IC #1 -17 -05817 The Grantee as part consideration herein does hereby agree to comply with all civil rights and anti discrimination requirements of Chapter 49.60 RCW as to the lands herein described. The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions of RCW 47.12.080. Dated at Olympia, Washington, this day of 20_ APPROVED AS TO FORM: REVIEWED AS TO FORM: tibc By: By: \L 1\ Assistant Attorney General City of Tukwila, a municipal corporation STATE OF WASHINGTON Douglas B MacDonald Secretary of Transportation Page 3 of 4 Pages IC #1 -17 -05817 STATE OF WASHINGTON County of Thurston ss On this day of 20 before me personally appeared Douglas B. MacDonald, known to me as the Secretary of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal the day and year last above written. Notary (print name) Notary Public in and for the State of Washington, residing at Kirkland My Appointment Expires Page 4 of 4 Pages IC #1 -17 -05817 CAS Number: 04-018 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Meeting Date COuNCIL AGENDA 5 (NOPSIS Initials Meeting Date 1 Prepared by 1 Mayor's review 02/09/04 RAB 1 _Aa.L ail We 5 04- °t8 Interlocal Agreement for Jail Administration Council Admin.x Council review .1'G. /f ITEM INFORMATION Original Agenda Date: February 9, 2004 ITEM No. 4 d. The interlocal provides the framework for cities within King County to work together to manage the King County and Yakima County jail contracts, dispose of property held for jail purposes, and for future jail planning. Authorize Mayor to sign agreement Approximately $1,700 Fund Source (if known) General Fund (Mayor's Office Budget) RECORD OF COUNCIL ACTION Action APPENDICES Meeting Date 1 Attachments 02 -09 -04 I Memo from Mayor to Finance Safety Committee Jail interlocal Minutes from Finance Safety Committee dated 2/2/04 2/17/04 No attachments. CAS Number: 04-020 Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Meeting Date COUNCIL AGENDA 5 (NOPSIS Meeting Date 02/09/04 f2 7/0 t i t $24,000 Prepared by RAB Council Admin.x Authorize Mayor to sign agreement Initials Mayor's review RECORD OF COUNCIL ACTION Action APPENDICES Meeting Date 1 Attachments 02 -09 -04 I Memo from Mayor to Finance Safety Committee Contract for Services Minutes from Finance Safety Committee dated 2/2/04 2/17/04 No attachments. Council review 1-f/. ITEM INFORMATION C7 —0?-3 I Original Agenda Date: February 9, 2004 Professional Services Contract with Martin 3. Durkan ITEM No. This contract is to allow Martin Durkan to continue to represent the City locally on intergovernmental matters with King County, Washington State government, and with our Congressional delegation as appropriate. Fund Source (if known) General Fund (Mayor's Office Professional Services Budget) 1 CAS Number: 04-017 Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): at. Meeting Date 2/09/04 L e 1 Meeting Date 1 2/09/04 2/17/04 COL_'CIL AGENDA SY OPSIS Meeting Date '2/09/04 p zid Initials Prepared by 1 Mayor's review 1 Council review 1 MCg4'ini L- 0 TEMINFQIO/TAT Original Agenda Date: February 9, 2004 Bid Award for Sewer Lift Station No. 12 Pump Upgrade and Generator Project and Resolution rejecting nonresponsive bidder. Council Admin. Public Works ITEM NO. 5. This project will install new pumps and a generator at Lift Station No. 12 (located in the mall parking lot). The project was advertised on December 8 and 15 and six bids were received and opened on January 9, 2004. The low bid from Sefnco, Inc. is considered nonresponsive for not submitting the proper bid proposal form. The second low bid of $233,789.44 is from Gary Harper Construction, Inc. Recommend award bid to Gary Harper Construction. Award contract to Gary Harper Construction and adopt resolution rejecting SEFNCO. Forward to COW and then Regular Council. Same as Sponsor. $233,789.44 403/02 Sewer Fund (pg. 102 2004 CIP) Attachments Information memo dated January 26, 2004 Bid tabulation Resolution Utilities Committee Minutes from February 3, 2004 Resolution (final format) PENDICI Action City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWHA, WASHINGTON, REJECTING THE BID SUBMITTED BY SEE INC., FOR THE SEWER LIFT STATION NO. 12 PUMP UPGRADE AND GENERATOR PROJECT; AND AWARDING THE BID TO GARY HARPER CONSTRUCTION, INC., IN THE AMOUNT OF $233,789.44 WHEREAS, sealed bids were received for the Sewer Lift Station No. 12 Pump Upgrade and Generator Project; and WHEREAS, bids were opened and read aloud by the City Clerk's Office on January 9, 2004, and the apparent low bidder was SEFNCO, Inc., whose proposal was in the amount of $162,910.59 after taxes; and WHEREAS, upon examination and inquiry by City staff of the SEFNCO bid documents, it was determined that the bid documents submitted by SEFNCO included an acknowledgement of the Addendum prior to the issuance date; and SEFNCO did not submit the proper revised bid proposal pursuant to said Addendum; and therefore the bid submitted by SEFNCO has been determined to be non responsive; and WHEREAS, the lack of proper documentation makes SEFNCO's bid unreliable, and as unreliable bids must be rejected in the public's interest, SEFNCO's bid must therefore be rejected as non responsive; and WHEREAS, Gary Harper Construction, Inc., made the next lowest bid of $233,789.44 after taxes; and WHEREAS, upon examination and inquiry by City staff, the City of Tukwila determined that the Gary Harper bid is responsive; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The above "Whereas" recitals are herein adopted as findings of fact. Section 2. The bid submitted by SEFNCO, Inc., for the Sewer Lift Station No. 12 Pump Upgrade and Generator Project is not reliable due to lack of proper documentation, and is hereby rejected as non responsive. Section 3. Gary Harper Construction, Inc., is determined to be the lowest responsive bidder with a bid of $233,789.44 after taxes. Section 4, The Mayor is hereby authorized to sign a contract with Gary Harper Construction, Inc., for the Sewer Lift Station No. 12 Pump Upgrade and Generator Project in the amount of $233,789.44. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004 ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Reject Lift Bid 2/13/04 Jim Haggerton, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number. CAS Number: 04-021 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: 1 Meeting Date 02 -17 -04 I I I I I I COUNCIL AGENDA SYNOPSIS Meeting Date 02 17 04 Council Prepared b 1 Mayor's review S.L( N) }t-44-en ITEM INIIORMATION Original Agenda Date: Extension of the Unclassified Use permit for the commuter rail station. Admin. Attachments I Staff report to the City Council with attachments. Initials ITEM NO. Council review JLPJ February 17, 2004 X Public Hearing on the extension of the unclassified use permit for the temporary commuter rail station located at 7301 S. Longacres Way. Recommendations: Approve the request for the extension so that the permit is valid until December 31, 2007. Sponsor: Committee: Administration: Cost Impact (if known): None Fund Source (if known): Meeting Date Action 11 27 00 1 Approval with conditions of the unclassified use permit for temporary commuter rail station. iA1 a eke" o yr- O X4 yk* 1 N 1908 NOTIFICATION: City of Tukwila Department of Community Development Steve Lancaster, Director HEARING DATE: February 17, 2004 Staff Report to The City Council Prepared February 10, 2004 On January 21, 2004, staff mailed a Notice of Application to surrounding property owners and tenants. Notice of Hearing was posted and mailed to surrounding property owners and tenants on February 3, 2004. Notice of hearing was also published in the Seattle Times for publication on January 30, 2004. PUBLIC MEETING: January 29, 2004. FILE NUMBER: L99 -0042 APPLICANT: Sound Transit OWNER: Burlington Northern Railroad Co. REQUEST: Extension of the unclassified use permit for the temporary commuter rail station at 7301 South Longacres Way. LOCATION: 7301 S. LONGACRES WAY COMPREHENSIVE PLAN AND ZONE DESIGNATION: Tukwila Urban Center (TUC) STAFF: Minnie Dhaliwal ATTACHMENTS: A. Applicant's letter for extension B. Applicant's letter proposing additional shelters. C. Plans Steven M. Mullet, Mayor SEPA DETERMINATION: Sound Transit Tacoma -to- Seattle Commuter Rail Environmental Assessment (FTA and Sound Transit, June 1998) (E98 -0032) 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 431 -3665 BACKGROUND Sound Transit had originally applied in 1999 for an unclassified use permit for a permanent commuter rail station that would have included a large parking lot, landscaping, transit transfer zone, public art, pedestrian tunnel and permanent materials for platforms and canopies. The City requested substantive information from Sound Transit regarding the proposed permanent station. During this review process and the overall Transit Oriented Development (TOD) planning process, it became clear that the permanent station would be an important element of the TOD plan. Sound Transit agreed and proposed to build a temporary station, which they would use for about three years until the permanent station would be in place. The City Council approved the unclassified use permit for the temporary station on November 27, 2000, with a condition that it is valid until February 2004. Since the approval of the temporary station, the city has continued to work towards the master plan of the Transit Oriented Development (TOD) area. Also, since that time the City of Renton has taken the lead on Strander Boulevard Grade Separation project. The extension of Strander Boulevard connecting West Valley Highway in Tukwila to East Valley Highway in Renton, will possibly involve relocation of Union Pacific railroad line eastward to increase the marketability of the land between the tracks and W. Valley Highway. However the issue of UP railroad relocation, the precise location of Stander Boulevard, and therefore the final location of the commuter station and other design considerations are still unsettled. The areas designated for TOD around the temporary commuter rail station are currently under a moratorium, which limits certain development activities and land uses in the area. The moratorium was adopted 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 plan and implementing regulations are adopted by the City. The City Council recently renewed the moratorium until August, 2004 and added an exemption to the moratorium for the extension of the unclassified use permit for the temporary commuter rail station. FINDINGS VICINITY /SITE INFORMATION Temporary Station Description The platforms of the temporary commuter rail station are located within the Burlington Northern Santa Fe (BNSF) right -of -way just south of Longacres Way in the City of Tukwila. The supporting park and ride lot, passenger load zone and bus stops are east of the platforms on the Boeing Longacres site, which is in the City of Renton. There are two passenger platforms 600 feet in length adjacent to the existing BNSF railway tracks with one wheelchair- accessible ramp at the northern end of each platform. The platforms are constructed adjacent to the existing 2 embankment, which is approximately 15 feet above ground level in this location. The platforms are 10 feet deep and have a chain link fence as a railing along the back edge and sides of the platforms. Access to the platforms is via handicap accessible wood framed ramps and by stairs. Each of the platforms has one canopy shelter and a bench. A total of 250 parking stalls are provided on leased Boeing property in the City of Renton. This parking area is fenced off from the remaining Boeing property to the east. The gate on the east side of the BNSF tracks and north of the parking lot is open for two hours in the rooming and two hours in the evening, allowing traffic between the City of Renton and Tukwila. Surrounding Land Uses Primary access to the station is from Longacres Way, which becomes a private two -lane access easement at the east margin of the Puget Sound Energy's right -of -way to Tukwila's city limits with Renton. Boeing Commercial Airplane Headquarters buildings are located to the east, vacant land immediately west; light industrial and Interurban recreational trail west of Union Pacific railroad tracks; and hotels and commercial services along West Valley Highway. No significant changes have taken place in the surrounding land uses since the temporary station was built. SOUND TRANSIT'S REQUEST FOR EXTENSION Sound Transit has asked for a modification of one of the conditions of approval of the unclassified use permit approved by the City Council on November 27, 2000. The condition states that the permit is valid until February 2004. Sound Transit is requesting that the permit be valid for three additional years until February 28, 2007, with the option to extend by one -year increments until February 28, 2012, with the Mayor's approval. The applicant is requesting this extension since the Strander Boulevard Grade Separation project and the City of Tukwila's Transit Oriented Development plans will likely trigger review of their current design and potentially a complete re- design of the permanent station Sound Transit's letter requesting the extension is attached to this staff report. Sound Transit has proposed the following schedule for the design and construction of the permanent commuter rail station: A) Sound Transit will begin the design procurement as soon as 30% design of Strander Boulevard Grade Separation project is completed. B) It will take 11 -15 months for achieving the final design. „C) Construction procurement will follow final design and will take 4 months. D) Construction of the permanent facility will range from 14 -24 months. 3 CRITERIA FOR UNCLASSIFIED USES (TMC 18.66.060) The City Council had approved the original unclassified use permit for the time period of February 2001 February 2004 with the following conditions: 1. Improve Longacres Way in a manner acceptable to the City of Tukwila Public Works including signage, accommodation of cyclists, channelization, illumination and drainage. 2. Provide and maintain trash receptacles on the platform and adjacent to ticket vending machine. 3. Provide an additional kiss and ride area west of the BNSF bridge on Sound Transit property on the south side of Longacres Way. 4. Control vehicular access to the properties to the north and south of Longacres Way between UP and BNSF by a fence or some other means. Applicant met all the approval conditions when the station was built. At this time, applicant is requesting an extension of the unclassified use permit. City Council approval of an unclassified use permit is guided by the nine criteria of the Zoning Code (18.66.060). Following is the discussion of the proposal for extending the original permit relative to the criteria used for granting an unclassified use permit: 1. Where appropriate and feasible, all facilities shall be undergrounded. The temporary station already exists and it is not appropriate or feasible to underground the platforms that are associated with BNSF rail lines. 2. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. The access to the adjoining vacant lots is secured by chain link fence thus reducing any potential security issues. Special provisions are also in place so that aid and fire equipment can traverse the gate on Boeing property at any time. Also, Sound Transit has security guards at the station for 16 hours each day the train operates. All these provisions were put in place at the time the temporary station was constructed. Based on the feedback the city has received from the users of the station, additional shelters are required to adequately provide cover during inclement weather. Also, the platforms tend to get slippery during cold weather. Applicant has proposed to add two additional shelters, one on each platform to provide additional cover. (See attached letter dated February 11, 2004). Also, they have confirmed that additional maintenance efforts will be made to ensure safe footing for patrons. .3. The proposed use shall meet or exceed the same standards for parking, landscaping, yards and other development regulations that are required in the district it will occupy. The only facilities located in Tukwila are wholly within the Burlington Northern right -of -way. Therefore, our landscaping and similar requirements do not apply. The existing parking lot in Renton has proved to be adequate for the temporary station. Adequate access and lighting of the access were the minimum standards required at the time of the original approval. Also, some 4 improvements on Longacres Way in the form of additional drop -off area were required. No additional items are required to continue to operate this temporary facility. 4. The proposed development shall be compatible generally with the surrounding land uses. No additional development is proposed at this time except two shelters, which will be compatible generally with the surrounding land uses. 5. The proposed development shall to the maximum extent feasible be consistent with and promote the goals, objectives, and policies of the Comprehensive Land Use Policy Plan and applicable adopted area plans. This is a temporary facility until a permanent commuter rail station is constructed. No additional changes other than adding two shelters are proposed at this time. The city is in the process of planning for the TOD area and the design of the permanent station will be reviewed to make sure it is consistent with the goals, objectives and policies of the Comprehensive Land Use Policy Plan. 6. The proposed unclassified use shall, to the maximum extent feasible, mitigate all significant adverse environmental impacts on public and private properties. Full consideration shall be given to: (a) alternative locations and /or routes that reduce or eliminate adverse impacts; and (b) alternative designs that reduce or eliminate adverse impacts. No additional improvements except two shelters are proposed at this time, thus there are no alternative locations /designs that would reduce significant adverse impacts. 7. In the event that a proposed essential public facility of a countywide or statewide nature creates an unavoidable significant adverse environmental or economic impact on the community, compensatory mitigation shall be required. Compensatory mitigation shall include public amenities, incentives or other public benefits which offset otherwise unmitigated adverse impacts of the essential public facility. Where appropriate, compensatory mitigation shall be provided as close to the affected area as possible. No additional adverse environmental or economic impact on the community is anticipated due to the extension of the permit for the temporary station. 8. For uses in residential areas, applicants shall demonstrate that there is no reasonable nonresidentialalternative site for the use. aThe proposed use is not within a residential area. Therefore, this criterion does not apply. 9. For uses in residential areas, applicants shall demonstrate that the use provides some tangible benefit for the neighborhood. The proposed use is not within a residential area. Therefore, this criterion does not apply. 10. Secure community transition facilities shall be meet the following additional criteria... 5 The proposed use is not a secure community transition facility. Therefore, this criterion does not apply. CONCLUSIONS Staff concurs that the Strander Boulevard Grade Separation project and the City of Tukwila's Transit Oriented Development Plans will likely trigger a re- design of the permanent station. Because we are still working on the master plan of the TOD area and Strander project, the final location and design considerations for the permanent station are still unsettled. The time line proposed by Sound Transit is based on completion of 30% design of Strander Boulevard Grade Separation Project, which they anticipate will be done by summer of 2004. However based on our discussion with the City of Renton, 30% design will likely be done by April 2005. If the rest of the time periods proposed by Sound Transit (design -12 months, construction procurement -4 months and construction of the permanent facility-14 -24 months) are added on to April 2005, the construction of a permanent station is possible anytime between October 2007 to August 2008, depending on if takes 14 months or 24 months to construct. Thus it is likely that the temporary station will be in use at least till the end of 2007. Based on the feedback that the staff has received from the users of the station, additional shelters are needed to provide cover and the platforms tend to get slippery during cold weather. The applicant has proposed to add two additional shelters, one on each platform to provide additional cover and has confirmed that additional maintenance efforts will be made to ensure safe footing. RECOMMENDATION Staff recommends the City Council adopt the findings and conclusions of the staff report and approve the extension of the unclassified use permit for the temporary commuter rail station at 7301 South Longacres Way until December 31, 2007. If the permanent station is not operational by the end of 2007, any future extensions for the use of the temporary station shall be subject to approval by the City Council. 6 December 24, 2003 Minnie Dhaliwal Department of Community Development City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Dhaliwal: tde'r -tea ALNIlWWCC Ca AI9O9 Subject: Extension of Unclassified Use Permit File No. L99 -0042 Sound Transit Tukwila Commuter Rail Station Subject File Code tiST7200 On behalf of Sound Transit, I am requesting that the City of Tukwila, Department of Community Development extend the referenced unclassified use permit for Sounder's temporary commuter rail station. The existing permit expires on February 28, 2003. Sound Transit asks to extend the permit for a total of three years, to February 28, 2007, with the option to extend by one year increments until February 28, 2012, with the Mayor's approval. As we have discussed, Sound Transit requires the extension in order to accommodate the efforts of the City of Renton to develop a strategy and secure funding for the Strander Boulevard Grade Separation Project. Sound Transit is now ready to begin construction of the permanent station; however, we have agreed with the City of Renton to postpone construction of the permanent station for up to nine more years. During this time, we intend to coordinate planning of the Transit Oriented Development with the City of Tukwila. The Strander Boulevard Grade Separation Project and the City of Tukwila's Transit Oriented Development plans will likely trigger the need for a review of our current design and, potentially, a complete re- design of the permanent station. Included with this request for permit extension is a description of the current temporary station and a sequence of activities, events and milestones that would take place, assuming Sound Transit designs a revised permanent station. Existing temporary commuter rail station: The platforms at Sounder's temporary Tukwila Commuter Rail Station are located within the Burlington Northern Santa Fe Railway (BNSF) right -of -way just south of Longacres Way. The supporting park -and- ride lot, passenger load zone, and bus stops are east of the platforms on the Boeing Longacres site, which is in the City of Renton. Attachment A Romsfms ICuuy L E.ueuhvF!' c Dave,Easlrri�.j, rrur dint EramonXi 674" JohmEadenture- PieneCautx ve- RetiarS9cr¢ Seattle$anneilminr tit 6e(Pevue' rurci(rrremat Jadis ,'rawfurcE' Ke mrmierF� orrneiPne nt5em I]av idEnsrow. &Lou ee urrdGrrernb'ieef" S4era I: Itrye Eonuib enr6er DaumiiSTkAclii ariG i. Ir/2e✓6ing6)eState epartnrent of Crmrgti Cateorn,Seeretaii Julis°PBtteasart Kuny eouiiq prinettnel ner Yaydr a y `T6o� a.y: INOa�e/etr t ��J,OR�i; Minnie Dhaliwal, City of Tukwila December 24, 2003 Page Two The temporary commuter rail station consists primarily of two passenger platforms, 600 feet in length, adjacent to the existing BNSF tracks, with one wheelchair accessible ramp at the northern end of each platform. The platforms are adjacent to the tracks at the top of the existing embankment, which is approximately 15 feet above the ground level in this location. The platforms have canopy shelters for commuter rail passengers. Ticket vending machines and other passenger information are located at the northwest comer of the parking area. Benches and trash receptacles are provided on the platforms. Pedestrian connection from one side of the tracks to the other is made by way of the underpass at the railroad bridge that crosses Longacres Way (South 158th Street). Stairs and ramps connect the platform level to the ground level parking lot, bus transit area and pedestrian ways. Sounder's temporary Tukwila Station is currently in use, with service scheduled as follows: Northbound (M -F) 6:54 a.m., 7:09 a.m., 7:24 a.m. Southbound (M -F) 5:11 p.m., 5:26 p.m., 5:51 p.m. Schedule for design and construction of permanent commuter rail station: The following scenario represents a best case or optimal schedule of activities that might be realized in the next three years. As discussed during our meeting on December 16, 2003, the City of Renton has committed to Boeing to resolve the Union Pacific Railway relocation, and reflect such in the 30% design of the Strander Boulevard Grade Separation Project by early summer 2004. As soon as this milestone is reached or is imminent, Sound Transit will begin the design procurement process. Design procurement duration is expected to be 11 to 15 months for achievement of final design. Construction procurement will follow achievement of final design and is expected to take 4 months. Construction of the permanent facility will range from 14 to 24 months. If the final selection for the Strander Boulevard Grade Separation Project calls for relocation of the Union Pacific Railway and a property swap between Sound Transit and the Union Pacific Railway, the start of Sound Transit's work may be impacted. At this time, it is unclear if work could start before completion of the real estate transaction. Currently, Sound Transit's property is a known entity, whereas the property of the Union Minnie Dhaliwal, City of Tukwila December 24, 2003 Page Three Pacific Railway is unknown, especially as relates to any potential contamination of soils or other conditions that may be present. In closing, we emphasize our sincere appreciation of the City of Tukwila's continued cooperation in this matter and understand its own concerns about the consequences of delay. If you require any additional information or have questions, please do not hesitate to call me at 206.398.5324. Galen J. Torneby Project Manager Sounder Commuter Rail Enclosure cc: David Beal, Program Manager, Sounder Project Development GT:ps 02/11/04 TIED 14:32 FAX 12063985216 COMMUTER RAIL ij001 SounloTaarisR February 11, 2004 Minnie Dhaliwal Department of Community Development City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Subject: Extension of Unclassified Use Permit File No. 1.99 -0042, Sound Transit Tukwila Commuter Rail Station Dear Ms. Dhaliwal: Sincerely, thew, David P. Beal Program Manager, Project Development Sounder Commuter Rail Subject File Code #AD9532 As follow up to a conversation you had with Galen Torneby of Sound Transit's commuter rail staff, and as part of our continued effort to receive the referenced permit extension, I offer the following: This spring and summer, Sound Transit will construct improvements to the existing Tukwila interim commuter rail station consisting of the addition of two more passenger shelters similar to the existing shelters. Sound Transit will execute the work using contractors from our small works roster. We expect a total construction duration of 2 to 3 months. Sound Transit commissioned a longevity study last spring to assess the cost impact of extending the temporary station use due to the schedule delay resulting from the Strander Boulevard Grade Separation project and potential relocation of the Union Pacific Railway track. The recommendations contained in this study report consist of typical maintenance activities, which were based on both inspections of the existing facility and good engineering practice, and also incorporated the addition of two more passenger shelters. Cost to provide the additional shelters was estimated at $12,300 each. The actual cost, which may differ from what was estimated, will reduce the amount left for the permanent station budget. It is Sound Transit's understanding that our commitment to add the two shelters will satisfy the City of Tukwila's requirements, enabling permit issuance immediately following the Tukwila City Council Meeting scheduled for February 17, 2004. cc: Galen Torneby, Project Manager, Sounder Project Development Attachment B Chair John ladenburg Pierce County .Executive vice Chairs Greg Nickels Seattle Mayor Mark Olson Everett Councilmember Fred Bailer Issaquah Deputy Council President Jack Crawford Kenmore Councilmember David Enslow Sumner Councilmember Doug MacDonald Washington State Department of Transportation Secretary Connie Marshall Bellevue .Mayor Richard Mclvcr .Seattle Councilmember Julia Patterson King County C.ouneilmembe.r Dwight Pat King County Councilmember Kevin Phelps Tacoma Councilmember Larry Phillips Chair. King County Council Aaron Reardon Snohomish County £wcurive Ron Sins King County Executive Claudia Thomas Lakewood Councilmember Pete von Rcichbauer Vice Chair. King County Council Chief Executive Officer Joni Earl Original Sponsor: I Timeline: Sponsor's Summary: CAS Number: 04-015 Agenda Item Title: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date I 2/09/04 Meeting Date 2/09/04 2/17/04 Cot TOIL AGENDA SYs ()PSIS cat{ -0\5 Resolution designating representatives for the Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC). Initials Meeting Date 1 Prepared by I Mayor's review I Council review 02/09/04 I PB Clint AA 1 -T4-11 oil 17 /DO' I (1 1 .J- I 7L.11 I I I I I Council Admin. None. WINED RMATIO Original Agenda Date: February 9, 2004 114 Ar Action Adopt Resolution designating representatives to the MWPAAC. Forward to COW and to Regular Council for approval. Attachments Information Memo dated January 28, 2004 (Changed from UC) Resolution Resolution 1415 Utilities Committee Meeting Minutes from February 3, 2004 Resolution (final format) Public Works IT EMNO. 7 a This resolution will continue to designate the Public Works Director as the City's representative to the MWPAAC and change the alternate to the City's Operations Manager, Pat Brodin. It also updates the Committee's address. This will replace Resolution 1415. City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF TUKWILA, WASHINGTON, DESIGNATING JIM MORROW AS REPRESENTATIVE, OR PAT BRODIN AS ALTERNATE, TO SERVE ON THE METROPOLITAN WATER POLLUTION ABATEMENT ADVISORY COMMITTEE (MWPAAC). WHEREAS, RCW 35.58.210 provides for each metropolitan municipal corporation authorized to perform water pollution abatement to establish a Metropolitan Water Pollution Abatement Advisory Committee to be composed of representatives of each component city and county within such metropolitan municipal corporation; and WHEREAS, the City of Tukwila has officially designated a representative to said committee; and WHEREAS, the City Council of the City of Tukwila finds it to be in the interest of the City of Tukwila to be represented on said Metropolitan Water Pollution Abatement Advisory Committee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1 Jim Morrow is hereby designated as the representative of the City of Tukwila to the Metropolitan Water Pollution Abatement Advisory Committee, and Pat Brodin is hereby designated as alternate to said committee. Section 2. A conformed copy of this resolution shall be forwarded to the Metropolitan Water Pollution Abatement Advisory Committee in care of Bob Hirsch, King County Department of Natural Resources, M.S. KSC -NR -0501, 201 South Jackson Street, Seattle WA 98104 -3855. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Qerk APPROVED AS TO FORM BY: Office of the City Attorney MWPAAC 2004 2/12/04 Jim Haggerton, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Meeting Date 2/9/04 ,//7/0 I'y CAS Number: 04-016 Original Sponsor: Council Timeline: Meeting Date 2/09/04 Meeting Date 2/09/04 2/17/04 COL TCIL AGENDA SE DPSIS Itt aWy Ordinance (final format) Initials Prepared by 1 Mayor's review 1 Council review v L-/1 I V I✓ -4-s I 1/4 A I I I I I I M INFORMATION= Original Agenda Date: February 9, 2004 Admin. Public Works Recommendations: Sponsor: Adopt Ordinance to update Flood Plain Management. Committee: Forward to COW and then Regular Council for adoption. Administration: Same as sponsor. Cost Impact (if known): Fund Source (if known): OILA Action ITT PEND Attachments Information Memo dated January 28, 2004 SEPA Determination dated December 12, 2003 Ordinance Utilities Committee Meeting Minutes from February 3, 2004 ITEMNO. �7 b Agenda Item Title: Adopt Ordinance amending TMC Chapter 16.52 regarding Flood Plain Management and repeal Ordinance Nos. 1462, 1499, 177011, 1790, and 1838 2 (Partial). Sponsor's Summary: The Flood Plain Management Ordinance was last updated in 1988. Department of Ecology has reviewed and approved the draft ordinance and the SEPA process was completed on December 12, 2003. This ordinance defines the Director's responsibilities for administration, development review, information management, watercourse alteration and clarifies requirements and standards for manufactured homes. Flood 2004 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 16.52 OF THE TUKWILA MUNICIPAL CODE REGARDING FLOOD PLAIN MANAGEMENT AND FLOOD DAMAGE PREVENTION POLICIES REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM; REPEALING ORDINANCE NOS. 1462, 1499, 1770 §11, 1790, AND 1838 §2 (PARTIAL); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, flood hazard areas in Tukwila are subject to periodic inundation which may result in loss of life or property, may create health or safety hazards, may disrupt commerce or governmental services, may cause extraordinary public expenditures for flood protection and relief, or might impair the tax base, all of which adversely affect the public health, safety, and general welfare; and WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and damage uses in other areas when inadequately anchored; and WHEREAS, uses that are inadequately flood proofed, elevated or otherwise protected from flood damage can contribute to losses due to flooding; and WHEREAS, the Legislature of the State of Washington delegated the responsibility to local governmental units of adopting regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the legislature of Washington State, in Title 86 of the Revised Code of Washington, has authorized local governmental agencies to regulate use and development of flood hazard areas within their jurisdictions in order to reduce such hazards; and WHEREAS, continued participation by the City of Tukwila in the National Flood Insurance Program requires adoption of flood plain management standards and a flood plain construction permit process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Flood Plain Management. Chapter 16.52 of the Tukwila Municipal Code is hereby amended to read as follows: 16.52.010 Authority The Legislature of the State of Washington delegated the responsibility to the City of Tukwila to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 16.52.020 Purpose This ordinance aims to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas, by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money and costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 16.52.030 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. 1. "A" means a zone on the Flood Insurance Rate Map (FIRM) where flooding is known to occur but no flood elevation has been determined. 2. "Ali" means a zone on the Flood Insurance Rate Map (FIRM) characterized by base flood depths from one to three feet, having no clearly defined channel or having an unpredictable and indeterminate channel, and where velocity flow may be evident. AH indicates ponding. 3. "AE" means a zone on the Flood Insurance Rate Map (FIRM) where base flood elevations are determined and are shown on the map. 4. "Appeal" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. 5. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year; it is also referred to as the "100 -year flood." Its designation on maps always includes the letter A. 6. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. 7. "Critical Facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste. 8. "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of equipment or materials located within the area of special flood hazard. 9. "Director" means the Director of the Public Works Department or his designee. 10. "DOE" means the Department of Ecology. Flood 2004 11. "Elevated Building" means for insurance purposes a non basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns. 12. "Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before 1981, the effective date of Tulcwila's original floodplain management regulations. 13. "Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. 14. "FBFM" means Flood Boundary/Floodway Map. 15. "FZCP" means Flood Zone Control Permit. 16. "FEMA" means Federal Emergency Management Agency. 17. "FIRM" means Flood Insurance Rate Map. 18. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters, and /or b. The unusual and rapid accumulation of runoff of surface waters from any source. 19. "Flood Zone" means any area designated as special flood hazard or flood- prone, or any area within the shoreline per the Tukwila Municipal Code 20. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the 21. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary- Floodway Map, and the water surface elevation of the base flood. 22. "Flood- Prone" means any land area susceptible to flooding not shown on Ffl2Ms but designated as flood -prone by the Director, using best available information. 23. Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 24. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). If an unfinished or flood resistant endosure is used solely for vehicle parking, building access or storage, if this enclosure is in an area other than a basement, and if this enclosure is built so that the structure meets the applicable non elevation design requirements for nonresidential construction, the enclosure is not considered the structure's lowest floor. 25. "Manufactured Home" means a structure, transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." 26. "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Flood 2004 27. New Construction" means structures for which the "start of construction" commenced on or after 1981, the effective date of Tulcwila's original floodplain management regulations. 28. "New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities including streets, utilities and concrete pads is completed on or after 1981, the effective date of Tulcwila's original floodplain management regulations. 29. "NFIP" means National Flood Insurance Program. 30. "Recreational Vehicle" means a vehicle that is: a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projections; c. Designed to be self- propelled or permanently towable by a light duty.truck; and d. Designed primarily for use as temporary Living quarters for recreational, camping, travel or seasonal use 31. "Shallow Flooding Area" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. 32. "Special Flood Hazard Area" means the land in the flood plain subject to a 1% or greater chance of flooding in any given year. It is also referred to as the 100 -year flood elevation or the base flood elevation. These areas are designated on Flood Insurance Rate Maps (FIRMs) using the letters A or V. Special flood hazard areas include flood -prone areas designated by the City. 33. "SFHA" means Special Flood Hazard Area. 34. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement occurred within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 35. "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. 36. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. 37. "Substantial Improvement a. "Substantial Improvement" means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure, either: Flood 2004 -4- (1) Before the improvement or repair is started, or (2) Before damage occurred, if the structure is being restored. b. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. c. "Substantial improvement" does not include: (1) Any improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which is solely necessary to assure safe living conditions, nor (2) Any alteration of a structure listed on the national Registry of Historic Places or a State inventory of historic places. 16.52.040 Applicability This ordinance applies to all special flood hazard areas within the City of Tukwila jurisdiction. 16.52.050 Special Flood Hazard Areas The basis for special flood hazard areas identified by the Federal Insurance Administration is a scientific and engineering report entitled "The Flood Insurance Study for King County, Washington," dated December 6, 2001, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at 6300 Southcenter Boulevard, Suite 100. The best available information for flood hazard area identification as outlined in TMC 16.52.080, B.2 shall be the basis for regulation until a new FIRM is issued which incorporates this data. 16.52.060 Interpretation In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. 16.52.070 Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Tukwila, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 16.52.080 Administration A. The Public Works Director is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. The Director may: 1. Restrict or prohibit uses which might create a danger to health, safety and property due to water or erosion hazards, or which might increase erosion, flood heights or flood velocities; Flood 2004 2. Require that uses vulnerable to floods, including facilities serving such uses, be constructed to protect against flood damage; 3. Control the alteration of surface water features such as natural flood plains, stream channels and natural protective barriers that retain or channel flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers that would unnaturally divert floodwaters or that might increase flood hazards in other areas. B. The Director's duties shall include, but shall not be Limited to: 1. Permit Review a. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local g ental agencies from which prior approval is required. c. Review all development permits to determine if the proposed development is located in the floodway, and ensure that the encroachment provisions of TMC 16.52.110, "Floodways" are met. 2. Special Flood Hazard Area a. When base flood elevation data has not been provided in A zones, the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Chapter 16.52. b. Where flood elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source, the Director shall review applications for building permits to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marlcs, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. c. Where needed, the Director shall interpret exact location of the boundaries of the areas of special flood hazards for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The Director shall provide the person contesting the boundary location a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59 -76). Flood 2004 3. Watercourse Alteration a. Notify adjacent communities and the Department of Ecology (DOE) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4. Information Management a. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in TMC 16.52.080, B.2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures, and ascertain whether or not the structure contains a basement. -6- b. For all new or substantially improved flood proofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in TMC 16.52.080, B.2: (1) Obtain and record the elevation (in relation to mean sea level) to which the structure was flood proofed, and (2) Maintain the flood proofing certifications required in TMC 16.52.090, D.3. c. Maintain for public inspection all records pertaining to the provisions of this ordinance. 16.52.090 Permits A. A Flood Zone Control Permit (FZCP) shall be obtained before construction or development begins within any area of special flood hazard established in TMC 16.52.050. B. Application for an FZCP shall be submitted with the project application for a shoreline permit, plat or subdivision permit, or a building permit, whichever comes first. C. An FZCP is a Type 1 permit processed pursuant to TMC 18.108.010. D. Application for an FZCP shall be made on forms furnished by the City and shall meet the City's standards for plan submittals. The applicant must provide the following information: 1. Elevation in relation to mean sea level, of the lowest floor of all structures; 2. Elevation in relation to mean sea level to which any structure has been flood proofed; 3. Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in TMC 16.52.100 B.2; and 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 16.52.100 Standards A. GENERAL STANDARDS In all areas of special flood hazards, the following standards are required: 1. Elevation: Where flood elevation data is not available, either through the FIRM or from another authoritative source, all new construction and substantial improvements shall be elevated at least two feet above the highest adjacent grade. 2. Anchoring: a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral Movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may indude, but are not limited to, use of over -the -top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 3. Construction Materials and Methods: a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Flood 2004 b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. All new construction and substantial improvements on slopes shall have drainage paths to guide floodwaters around and away from proposed structures. d. Electrical, heating, ventilation, plumbing and air- conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; b. A proposed water well shall be approved by Department of Ecology (WAC 173 160 -171); c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and d. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. damage; Flood 2004 4. Utilities. 5. Subdivisions: a. All subdivision proposals shall be consistent with the need to minimize flood b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage; c. All subdivision proposals shall have adequate drainage provided, to reduce exposure to flood damage; and, d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments that contain at least 50 lots or 5 acres (whichever is less). B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided, the following provisions are required: 1. Residential Construction: a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. b. Fully endosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certifi d by a registered professional engineer or architect, and must meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. a. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation, or together with attendant utility and sanitary facilities, shall: (1) Be flood proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection, based on that engineer's or architect's development and /or review of the structural design, specifications and plans. b. Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in TMC 16.52.100, B.1.b., for residential construction. c. The City shall notify applicants who propose to flood -proof nonresidential buildings that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g. a building flood proofed to the base flood level will be rated as one foot below). a. All manufactured homes to be placed or substantially improved on sites, outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either: (1) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. 4. Recreational Vehicles: Recreational vehicles placed on sites are required to either: a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c. Meet the requirements for manufactured homes, including the elevation and anchoring requirements for manufactured homes. C. GREEN RIVER In addition to the general and specific standards in the section, the following standards apply to all areas adjacent to the Green River: Flood 2004 2. Nonresidential Construction: 3. Manufactured Homes: 1. Construction /Reconstruction of Dikes /Levees: As part of the floodproofing for developments adjacent to the Green River through Tukwila, construction or reconstruction of the dike /levee system, in accordance with dike /levee plans and engineering studies, and in accordance with the Green River Management Agreement (AG No. 85-043), will be required as part of the plan submittal. 2. If dike /levee improvements are not required, and the natural riverbank is allowed as bank protection, then a river bank stability analysis shall be provided to the Public Works Department for review as part of the plan submittal. 3. Dedication of levee /dike /riverbank access construction and maintenance easements on all properties adjacent to the Green River shall, as part of their development, dedicate construction and maintenance easements for access and maintenance of existing or future dikes /levees /riverbanks along the Green River as part of their plan submittal. These easements shall be provided in such a manner so that immediate access is allowed from other public rights -of -way for maintenance and construction of dikes /levees. 16.52.110 Floodways A. Floodways are located within special flood hazard areas. Floodwaters within floodways are extremely hazardous due to high flow velocities. These waters carry debris and potential projectiles, and have a high potential for erosion. B. The following provisions apply to floodways within the City: 1. Variances shall not be issued for proposals within a designated floodway, if any increase in flood levels during the base flood discharge would result. 2. Prohibit encroachments, including fill, new construction, substantial improvements and other development, unless a registered professional engineer certifies through hydrologic and hydraulic analyses, performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. 3. Prohibit construction of new residential structures. 4. Allow repairs, reconstruction or imr__ __ents to residential structures, as long as the structure's ground floor area does not increase and the cost of the work does not exceed 50% of the market value of the structure either: occurred. a. before the repair, or reconstruction is started, or b. if the structure has been damaged, and is being restored, before the damage Any project to correct existing violations of state or local health, sanitary or safety code specifications identified by the Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, shall not be included in the 50 C. If proposed work satisfies TMC 16.52.100, B.1-4, all new construction and substantial improvements shall comply with all applicable standards in TMC 16.52.100. 16.52.120 Critical Facility Construction of new critical facilities shall be, to the extent possible, Located outside the limits of the Special Flood Hazard Area (SFHA). The Director may permit construction of a new critical facility within the SFHA if no feasible alternative is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above base flood elevation or elevated to the 500 -year flood elevation, whichever is higher: Flood- proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access to and from the critical facility should also be protected to Flood 2004 -10- the height utilized above. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 16.52.130 Penalties No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00, or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Tukwila from taking such other lawful action as is necessary to prevent or remedy any violation. 16.52.140 Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any evicting easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 2. Repealer. Ordinance Nos. 1462, 1499, 1770 §11, 1790 and 1838 §2 (partial) are hereby repealed. Section 3. 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 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST/ AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Flood 2004 Steven M. Mullet, Mayor Filed with the City Clerk- Passed by the City Council: Published: Effective Date: Ordinance Number: I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known) Meeting Date COUNCIL AGENDA S MNOPSIS Meeting Date 02/09/04 t /7 /d Prepared by RAB ITEM INFORMATION CAS Number: 04-019 I Original Agenda Date: February 9, 2004 Agenda Item Title: City Attorney Contract with Kenyon Disend PLLC Council Admin.x Authorize Mayor to sign agreement General Fund The Kenyon firm has provided City Attorney services for the city for a number of years. Services include, but are not limited, general city attorney services, city prosecution services, paralegal services, and Special Services $312,000 RECORD OF COUNCIL ACTION Action Mayor's feview Council reyiew APPENDICES Meeting Date 1 Attachments 02 -09 -04 Memo from Mayor to Finance Safety Committee Contract for Legal Services Minutes from Finance Safety Committee dated 2/2/04 a, /Rot accacnmerics. Initials ITEM No.