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COW 2004-07-12 COMPLETE AGENDA PACKET
Tukwila City Council Agenda °:° COMMITTEE.OF THE WHOLE Steven M. Mullet, Mayor CounciImembers: · Para Carter · Joe Duffle Rhonda Berry, City Administrator * Dave Fenton * Joan Hernandez Jim Haggertoni Council President * Pamela Linder * Dennis Robertson Monday, July 12, 2004; 7 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL a. Proclamation designating July as Voter Registration Month. PRESENTATIONS b; Swearing in of Don Ames, new Tukwila Police Officer. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda. To COM-IVIENT conm'nent on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. PUBLIC An ordinance renewing a moratorium on certain land divisions and development HEARING activities within the transit-oriented development (TOD) planning area. 5. SPECIAL a. South 180th Street grade separation drainage repair (discussion). ISSUES b. A contract with Commercial Development Solutions in an amount not to exceed $94,000 for annexation and developn4c;n~ services. c. A contract amending AG 04-109, with Charles River Associates, in an amount not to exceed $30,000 for on-going technical work involving Sound Transit (total contract shall not exceed $80,000). d. A resolution allowing for an administrative variance for signs at Dollar Rent-A-Car. e. An ordinance adopting the 2003 edition of the international Property Maintenance Code. f. A resolution indicating the City's intent to apply for Local Law Enforcement Block Grant funds to reduce crime and improve public safety. 6. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 7. MISCELLANEOUS : '. · 8. ADJOURN TO SPECIAL MEETING .:. SPECIAL MEETING Monday, July 12, 2004 · Ord #2054 · Res #1553 1. CALL TO ORDER ! ROLL CALL 2. OLD a. Authorize the Mayor to sign a contract with Commerdal Development Solutions BUSINESS in an amount not to exceed $94,000 for annexation and development services (see item 5b above), i b. A contract amending AG 04-109, with Charles River Associates, in an amount not to exceed $30,000 for on-going technical work involving Sound Transit (total contract shall not exceed $80,000) (see item 5c above). c. A resolution allowing for an administrative variance for signs at Dollar Rent-A-Car (see item 5d above). d. A resolution indicating the City's intent to apply for Local Law Enforcement Block Grant fimds to reduce crime and improve public safety (see item 5fabove). 3. EXECUTIVE SESSION- Potential Litigation; Pursuant to RCW 42.30.110(1)(i) -- 30 rrdns. 4. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206-433-1800/TDD 206-248-2933. Thist notice is available at www.ci.Tukwila.wa.us, and also in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. l Office of the Mayor ............ Tukwila, Washington PROCLAMATION WHEREAS the right of American citizens to vote is fundamental to our democracy; and IArHEREA$ citizens wishing to vote have certain responsibilities to register and to keep their voter registration information current; and WHEREAS citizens wishing to vote in the primary election on September should complete voter registrations, updates and requests for absentee ballots during the month of Iuly in order for the county election office to have all the paperwork in hand by the deadline of August 14; and WHEREAS we encourage registration for young citizens who will be 18 by the date of the first election where they plan to vote; and W'I-IEREAS the many students, business people, and other travelers who may be out of town on voting days need to request absentee ballots soon; and WHEREAS, the City of Tukwila, as part of its service to the public, provides voter registration forms and information at City Hall during all of its business hours, NOW THEREFORE, I, Mayor Steve Mullet, Mayor of Tukwila, do hereby call upon all citizens of the City of Tukwila to join the City Council of the City of Tukwila, in cooperation with the League of Women Voters of King County South, to proclaim the month of July 2004 to be: Voter R.egistration Month Signedthis qJ~ dayof ~t~!~r;_~ ,2004. Steven M. Mullet, Mayor of Tukwila COUNCIL AGENDA SYNOPSIS 0 (s y:, Initials ITEM NO. t y y 1 iLleetin.g Date 1 Prepared by I Mayor's mien/ 1 Council review A 1 lti 'e I July 12, 2004 1 LM 1 t-0n Vv` 1 1 1908 1 1 1 1 I 1 1 1 ITEM INFORMATION 1 CAS NUMBER: Ref 04-006 I ORIGINAL AGENDA DATE: derk jelatuttp /0 =4 AGENDA ITEM TII1 E Public hearing on proposed ordinance renewing a moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. CATEGORY Discussion Motion Resolution Ordinance Bid Award IX Public Hearing I Other M[g Date Mtg Date Mtg Date Mtg Date Mtg Date 114 Date 7.1204 I Mtg Date SPONSOR Council Mayor Adm Svcs X DCD Finance Fire Legal P&R Police PIV SPONSOR'S Council is required to hold a public hearing on the proposed ordinance prior to SUMMARY adoption. REVIEWED BY COW Mtg. X CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6.29.04 RECOMMENDATIONS: Hold a public hearing and forward to regular meeting of the Council SPONSOR /ADMIN. on July 19, 2004 for adoption. COMMITTEE CAP supported the ordinance and forwarded to COW for public hearing. I COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED SNone Fund Source: Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION Council adopted Ordinance No. 2037, Establishing a temporary moratorium on the 2.02.04 acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. I MTG. DATE I ATTACHMENTS 1 712.04 I Memo to City Councilmembers RE: Public hearing on a proposed ordinance, I I Proposed ordinance renewing six -month moratorium. I I Copy of Memo to CAP RE: Six -month renewal of Ordinance No. 2037. canl;ruled Ur, pay- 2 2 Copy of Public Hearing Notice Copy of letter dated 3une 30, 2004 sent to affected property owners and businesses in the TOD planning area. Minutes of CAP meeting, 3une 29, 2004. OCity of Tukwila. StevenM. Mullet, Mayor Department of Communtty Development Steve Lancaster, Director TO: Committee of the Whole From: Steve Lancaster, Director Date: July 7, 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 In September 2002, Council adopted an ordinance establishing a six-month moratorium on the acceptance of certain land divisions and land use decisions within the transit-oriented development (TOD) planning area surrounding the Sounder Commuter Rail/Amtrak station (see Figure 1). The moratorium was 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 at the station are in place. Ordinance No. 2037 will expire August 1, 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. On June 29, CAP authorized staff to forward the proposed ordinance to Council for a public hearing at their COW meeting on July 12, 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. To date, Council has renewed the moratorium three times, modifying it to provide more flexibility in use of the parcels while the TUC plan was being developed. Since the last renewal in February 2004, staff received one property owner request for modifications. Staff recommendations regarding the proposed modifications are addressed below. Provisions of the Current Ordinance Within the TOD planning area, the current ordinance prohibits the filing of all permits and approvals related to land divisions and such uses or activities as manufacturing, industrial & auto-oriented businesses. The moratorium exempts the filing of and approvals related to the expansion of existing businesses on existing lots, sign permits and building permits for tenant improvements, and the extension of a current land use permit. 6300 Southcenter Boulevard, Suite #I00 · Tukwila, Washingtot~ 98188 · Phone: 206-431-3670 * Fax: 206-431-3665 It is important to note that even with the moratorium in place, there are more uses permitted in the TOD area than uses affected by the moratorium. The moratorium does not affect 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. Update on. the TOD Plan · Public and stakeholder involvement (through several workshops) has been completed. · A draft plan for the TUC that incorporates the TOD area should be available this fall. · A third joint City Council/Planning Commission worksession to review the completed dralt plan will be held late this fall. Staff Recommendations Staff received a request to amend the moratorium to allow the following three uses (see attached letter). · Allow automobile, recreational vehicles or travel trailer sales rooms. · Allow recreation facilities (commercial-indoor) including bowling alleys, skating rinks and shooting ranges. · Allow multi-family housing, including senior citizen housing. Staff's recommendation is to not amend the moratorium at this time. As stated earlier, there are more uses permitted in the TOD area than uses affected by the moratorium. Should a specific project be proposed that falls outside the uses permitted under the moratorium, staff will consider the appropriateness of the project and bring it forward to the Council for deliberation Proposed Next Steps 1. Council holds a public hearing on the moratorium at their COW meeting on July 12, 2004. 2. At the next regular meeting on July 19, 2004, Council has the following options: a) Adopt the proposed ordinance. Its provisions remain the same as the current Ordinance No. 2037, without modifications. The moratorium remains in effect for six months, at the end of which Council must hold another public hearing and renew or modify the ordinance, or allow it to lapse. b) Modify the proposed ordinance. 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. c) Take no action. When Ordinance No. 2037 expires on August l, 2004, land divisions, development activities and land uses will occur in the area as allowed under the City's zoning. Planning and implementation of the TUC vision and other transportation improvements may be more difficult. Recommended Next Steps 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. LDR 'TUC Transit-Oriented Development (TOD) Planning Area .or~ Figure 1. VFW REC EIV ED De el pment, Co. ii /h, 0 4 1004 213 Lake Street South M Kirkland,WA 98033 b 0 m (425) 822 -4114 Fax: (425) 827 -9990 City of Tukwila June 3, 2004 6300 Southcenter Boulevard Tukwila, Washington 98188 -2544 Attn: Lynn Miranda Senior Planner Dear Lynn: This letter is a request to include 3 permitted uses in the TUC Zoning Property that I own along side the freeway. 1. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots including automotive services. The automotive zoning would allow more flexibility to relocate existing or accommodate new car dealerships in Tukwila. 2. Recreation facilities (commercial- indoor) including bowling alleys, skating rinks and shooting ranges. Given the site constraints an indoor recreation facility would be a good use for the site. 3. Multi family including senior citizen housing. The multi family would preserve the potential for a mixed use transit oriental development. Thank you for your consideration. Sincerely, Stuart M• eo• L tja lJ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR ChRTAIN 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 SEVERABILTTY; AND DECLARING AN EMERGENCY. 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 Ss' service at Longacres, adjacent to the Burlington Northern Railroad; 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 pattern 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, pt and recreational services close to where they live or work; and %'T WHEREAS, a more intensive pattern of TOD would benefit the region by assisting P gl Y g 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" P g PP P 1 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 2004, 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 TOD Moratorium 7/8/04 1 Of 4 1 WHEREAS, 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 Unclassified Use Permit for the temporary Sounder Commuter Rail Station will need to be extended in order to ensure that the permanent Sounder Station is designed based on a completed TOD master plan; 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 of redevelopment and restrict land uses t ;f P P P ?%'t 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 -tt 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 moratorium will expire on August 1, 2004, and the TOD planning process is not yet completed; and WHEREAS, a public hearing on this proposed ordinance will be held on July 12, 2004; and <r; ":91Z t WHEREAS, the City desires to preserve the status quo for the protection of the il.l3 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, F 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, public safety, public property or public peace. Section 2. Moratorium Area Defined. 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 southern boundary of parcel number 2523049006 on the south, and West Valley Highway on the west. Section 3. Moratorium on Activities. The moratorium established by Ordinance No 1996 is hereby renewed, regarding the filing of permits and approvals within the TOD planning area relating to TOD Moratorium 7/9/04 2 of 4 1. Land Divisions: This includes all permits and approvals related to subdivisions, short subdivisions, boundary line adjustments, and lot consolidations. 2. Development Activities and Land Uses: Except for sign permits, building permits for tenant improvements, the extension of current land use permits, and •t: expansion of existing businesses on existing lots, this includes all applications and approvals for any and all: a. rezones b. conditional use permits c. unclassified use permits d. variances e. binding site plans f. required environmental review c•-•• g. building permits h. land altering permits relating to the following activities and uses: (1) Amusement parks (2) Automobile, recreational vehicles or travel trailer sales rooms. No dismantling of cars or travel trailers nor sale of used parts allowed. (3) Automotive services (4) Cemeteries and crematories (5) Commercial laundries (6) Drive -in theaters (7) Drive- through restaurants (8) Electrical substations distribution (9) Heavy equipment repair and salvage (10) Internet data /telecommunication centers (11) 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) (12) Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs (13) Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furiture, glass, ink, paint, paper, plastics, rubber, tile, and wood (14) 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. (15) 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. (16) Motels (17) Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges (18) Warehouse storage and /or wholesale distribution facilities Section 4. Effective Period of Moratorium. The moratorium renewed by this ordinance shall become effective as set forth in Section 7 below, and shall continue in TOD Moratorium 7/8/04 3 of 4 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 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 7. Effective Date. This ordinance, or a summary thereof, shall be published in the official newspaper of the City. As set forth in Section 1, this public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace shall be effective immediately upon its adoption, pursuant to RCW 35A.12.130. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: TOD Moratorium 7/8/04 4 of 4 Deparlment of Community Development Steve Lancaster, Director TO: Community Affairs and Parks Committee Members From: Steve'Lancaster, Directc~ Date: June 23, 2004 Subject: Renewing the current moratorium on certain land divisions and development activities within the transit oriented development (TOD) planning area Background In September 2002, Council adopted an ordinance establishing a six-month moratorium on the acceptance of certain land divisions and land use decisions within the transit-oriented development (TOD) planning area surrounding the Sounder Commuter Rail/Amtrak station (see Figure 1). The moratorium was 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 at the station are in place. Ordinance No. 2037 will expire August 1, 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. To date, Council has renewed the moratorium three times, modifying it to provide more flexibility in use of the parcels while the TUC plan was being developed. Since the last renewal in February 2004, staffhas received one property owner request for modifications. Staff responses and recommendations regarding the proposed modifications are addressed below. Provisions of the Current Ordinance Within the TOD planning area, the current ordinance prohibits the filing of all permits and approvals related to land divisions and such uses or activities as manufacturing, industrial & auto-oriented businesses. The moratorium exempts the filing of and approvals related to the expansion of existing businesses on existing lots, Sign permits and building permits for tenant improvements, and the extension of a current land use permit. It is important to no[e that even with the moratorium in place, there are more uses permitted in the TOD area than uses affected by the moratorium. The moratorium does not affect 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. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 Update on the TOD Plan · Public and stakeholder involvement (through several workshops) has been completed. · A draft plan for the TUC that incorporates the TOD area should be available this fail. · A third joint City Council/Planning Commission worksession to review the completed draft plan will be held late this fall. Staff R~commendations: Staff received a request to amend the moratorium to allow the following three uses (see attached letter). · Allow automobile, recreational vehicles or travel trailer sales rooms. · Allow recreanon facilities (commerciaMndoor) including bowling alleys, skating rinks and shooting ranges. · Allow multi-family housing, including senior citizen housing. Staff's recommendation is to not amend the moratorium at this time. As stated earlier, there are more uses permitted in the TOD area than uses affected by the moratorium. The above uses do ' not support the vision for the TOD area and require significant investment and thus ai'e less likely to be redeveloped to a more TOD compatible use in the future. In addition, allowing multi* family housing in ~he TOD area would first require a change in the zoning code. Should a specific project be proposed that falls outside the uses permitted under the moratorium, staff will consider the appropriateness of the project and bring it forward to the Council for deliberation Thet:e are no other substantive differences between the current ordinance and the proposed ordinance. Options 1. Council renews the Ordinance as is. Its provisions remain the same as the current Ordinance No. 2037, without modifications. 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. 2. Council modifies the Ordinance. 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. 3. 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 the TUC vision and other transportation improvements may be more difficult. Next Steps Staff recommends renewmg the current ordinance and forwarding it on to the COW for a public hearing at their July 12th me'eting. "TUO Transit-Oriented Development (TOD) Planning Area Figure 1. Mcleod 0 Development, Co. 213 I~ke 5tree: >oum Kirkland.k~t~ 98033 ~ 0~ ~425~ 822-4[ !4 =ax: ta25~ 827-¢990 Ci~ of T~Ia J~e 3, 2004 6300 Sou~center Boulev~d T~la. WasNn~on 98188-2544 Arm: L~ ~fir~ Se~or Pl~er Dear TNs leaer is a request freeway. I. Automobile, re~eafion~ veNcles or travel ~ler ~es rooms ~d mvet =~ler or used c~ s~es lots including automotive se~ces. The aammouve zoffing woffid ~low more fleMbili~ to rel~ate e~sung or acco~o~te new c~ dealemhips in T~vila. '~ Recreation facilities (commercial-indoor) including bowling alleys, skating rinks a_nd shooting ranges. Given the site constrmnts an indoor recreation facility would be a good use for the site. 3. Multi faXmly including senior citizen housing. The multi family would preserve the potential for a mixed use transit oriental development. T!rank YOU l~or [9u.r. cons!deradon. Sincerely, Smart M CITY OF TUKWILA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Tukwila City Council will hold a public hearing on Monday, July 12, 2004 beginning at 7 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, m consider the following: 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 Sounder Commuter Rail/Amtrak station at Longacres. All interested persons are invited to be present 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 p.m. on the day of the meeting. Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities. Reasonable accommodations are available at the public hearing with 48 hours advance notice. This notice is also available in alternate formats for individuals with disabilities. Please contact the City Clerk's Office at (206) 4334800 or TDD (206) 248-2933 if we can be of assistance. Jane E. Cantu City Clerk Published: Seattle Times - 07/02/04 Department of CommunitY Development Steve Lancaster, Director NOTICE OF PUBLIC HEARING June 30, 2004 Dear Sir or Madam: TheLTukwila City Council is considering renewing Ordinance No. 2037 establishing a temporary mo'ritorium 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). 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, July 12, 2004, at 7:00 p.m. in Council Chambers, located in Tukwila City Hall, 6200 Southcenter Blvd., Tukwila WA. 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 · Allows the filing of approvals relited 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 ~urrent Ordinance, No. 2037, expires August 1, 2004. Council must hold a public hearing -and decide whether to modify or renew the ordinance, or let the moratorium lapse· Planning for 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 - 2 - June 30, 2004 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. For additional information, or to obtain a copy of the proposed ordinance, please contact Lynn Miranda, Senior Planner, or Jack Pace, Deputy Director, at 206.431.3670. Sincerely, ~[eve Lancaster ~)irector, Department of Community Development Community and Parks Committee June 29, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Evie Boykan, Jack Pace, Steve Lancaster, Lynn Miranda, Lucy Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works 1'. Interlocal re CDBG and Home Investment Programs The City receives CDBG and HOME housing, investment program funds tkrough King County, which uses a Joint Recommendations Committee (IRC) to advise the County on allocations. The IRC duties and composition are spelled out in th~ interlocal the cities and county sign for the distribution of funds. Representation on the JRC is being changed to allow more suburban representation. Taking one County representative off and adding 2 members each from south and north/east suburban King County is the change being addressed. The Committee supported the amendment to the interlocal. Recommend interlocal amendment to Council.' 2. Dollar Rent-A-Car Signs Dollar Rent-A-Car is located on S. 160th/TIB at the boundary of Sea Tac · ' and Tukwila. Sea Tac is now improving TIB at this location, and in the construction process one of Dollar's signs wa~ damaged beyond repair. Tukwila's sign code requires nonconforming signs (which these are) to be made.confotTming when the sign is relocated or modified. Two options were presented: either change the boundary to give the business to Sea Tac, which would allow two signs; or pass a waiver to allow the business to have two signs placed just ovtside the right of way. The Sea Tac staff members were relieved they did not have to condemn the signs, which could have cost the city up to $1 m. Recommend resolution to COW and Regular Meeting. 2a. Junk Cars & Property MaintenanceThe Committee members asked Don and Tom about their code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for junk cars are strictly enforced in the front and side yards visible from the street. A citizen group had worked with city officials to define how much (what percentage) of a yard or front property could be used for parking vehicles. Another law they passed did not allow the freestanding tents (a tent roof on four 7' poles) in front yards unless it has no walls. Both said it was going very well, with no public outcry from citizens over the more strict regulations. When asked if they'd given residents a year to get used to the new codes before they were strictly chromed, Tom said he didn't think it was that long, though he thought it could have been six months. They said they advertised their hew standards for about six months in their city newsletter. Information. _ · '-'-3' .. Ordinance Renewing TOD Moratorium The Transit Oriented Development (TOD) area off of Interurban has had a moratorium since 2002, wt~en the City decided to have an integrated plan for this area. The planning has proceeded with public input through several stages, but is not quite done yet. .The Council did approve an amendment to the original moratorium ordinance, adding uses allowed there. An applicant &as asked for a broadening of those uses, but the staffand Committee members agreed that was not a3propriate now. The Committee chose to renew the moratorium for six months, ] hoping work will be done by then to be able to remove it. Recommend resolution extendm~ moratorium to COW and Regular Meeting. _ 4 4. Charles River Contract Dan Brand of Charles River has helped the City in its negotiations with Sound Transit over parking issues. Issues have changed since his work first started, and his expertise is still n4eded to respond to Sound Transit's proposals. This can be done through a contract extension, w‘ :,ii COUNCIL AGENDA SYNOPSIS ,'o rt•� s Initials ITEM No. A i �,t b ?Oi I Meeting Date I Prepared by 1 Mayor's review I Council review I 1 07 -12 -04 1 B4: P G I 1,,,v,v' 1 fir. 1 1 Li I I 1 O` isos I I I 1 1 I CAS NUMBER: 04-098 I ORIGINAL AGENDA DATE: JULY 12, 2004 (AGENDA ITEM TITLE South 180 Street Grade Separation Drainage Repair CATEGOR X Discussion Motion Resolution Ordinance Bid Award❑ Public Other MtgDate MtgDate MtgDate MtgDate MtgDate gItglat MtgDate SPONSOR Council Mayor Adm DCD Finance Fire' Legal P&R Police X PW SPONSOR'S A minor storm drainage repair will be constructed this year under the 2004 Annual SUMMARY Drainage Program, but charged to the Annual Overlay and Repair budget. REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte X Transportation Cmte. Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: June 28, 2004 RECOMMENDATIONS: SPONSOR /ADMIN. Forward to COW for information COMMITTEE Same as sponsor i{� ail"' Itwt, W xotlO _1 ESTIMATED EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED S86,440.00 Fund Source: 104.02.595...85 Comments: Expenditure is estimated. Actual cost to be determined at time of bid award. av- r p r e -r rv' z I I f i +a� i® r3.+`3e.,'£,''_ t"STi `.ttr ,a ti atti LTV. kcag'zu ro,rs 22 07 -12 -04 I Memorandum from James Morrow dated June 24, 2004 I Minutes Transportation Committee June 28, 2004 INFORMATION MEMO To: Mayor Mullet From: Public Works Directo~(~ Date: June 24, 2004 Subject: S 1804 St Grade Seuaration Drainage Repair ISSUE Since the reopening of S 180~ St in May 2003, it has become apparent that the "wet spot" near the bottom of the underpass is not going to dry up and go away. BACKGROUND The design of the underpass allowed up to 50 gallons per minute (gpm) of leakage and infiltration through the Cement Deep Soil Mix (CDSM) seal slab and the interlocking secant pile wall (primary and secondary shaft wall). After final excavation of the underpass, the leakage test resulted in only about 13 gpm. So, the underpass contractor can not be held responsible for the current drainage situation. Currently, there is aa underdrain system that runs under all of the curb and gutter in the underpass with 2 transverse underdrain lines that connect from curb to curb and are 120 feet apart. Also, we think the gravel base supporting the asphalt is not sufficiently permeable to allow free drainage to the curb such that the path of least resistance is straight up through the pavement. The proposed solution is to install 14 new transverse underdrain lines from curb to curb capped with a more permeable gravel, capped off with a construction geotextile for underground drainage. The cost estimate for this solution is $86,440.00. RECOMMENDATION Move forward with adding this drainage repair work to the 2004 Small Drainage project and charge the work to the 2004 Overlay Program. The 2004 Overlay Program bid award was $727,940 and extra work was added under Change. Order 1 for $108,000, for a current contract total of 835,940.00. The budget for the Overlay Program is $1,000,000, so this leaves $77,620 for contingency in the 2004 Overlay and this drainage repair. attachments Q LIMITS OF PIGMENTED SEALER AND ANT -GRAmn COMM MEALS PIGMENTED NENIEO SEW AND IRO INN -G n LOATHE A-1UNE SOLDIER PIE WALL CAN WPM PRIMARY It SECONDARY 91AFT WALL STA 13+30 TO 13498 STA 13+90 70 14+15 STA 19+94 TO 20+93 L ewu STA 19+40 TO 19+64 TYPICAL SECTION CR1ROOSS SECTIONS ARE PROVIDED FCR GENERAL INFORMATION ONLY. Uu1U1ES DISIM0 FEATURES. MO OTHER CIVIL FEATURES ME FOUND ON OTHER PLAN MO DETAIL SHEETS. 2. FOR UNITS OF CEMENT DEO, SOIL MIX (COST) SEE 510. IRE CDS.I MUST MEET THE PERFORMANCE CRITERIA OF THE COSY SPECIAL PROVISIONS. H U JQ 1PiJBLIC WORKS DEPT. - ENOINECRINO- STREETS - WATER - SERER- PARRS- BoLUINO- was a.r RV.nw W.A. ur. ilavom.W+IYR-a.Y wew CONSULTANTS =NI AYFN.E SOUTH FEDERAL WAY. WASHINGTON MOW= VOICE. FAI3 FAk (206)414l. 2250 9R CROSS SECTION SHEET T S6 4r 92.1144 SOUTH 180th STREET GRADE SEPARATION Ma io ANON mom 3/R'.M1T South 180th Street Grade Separation Drainage Repair Engineer's Estimate of Probable Construction Costs Quantity Unit Item Unit Cost Total 1 LS Mobilization $5,000.00 $5,000.00 300 Hr Traffic Control Labor $40.00 $12,000.00 I LS Temporary Traffic Corit'rol Devices $15,000.00 $15,000.00 500 Hr Sequential Arrow Sign $5.00 $2,500.00 I LS iSurvey $2,000.00 $2,000.00 850 SY Removing Asphalt Concrete Pavement $10.00 $8,500.00 136 CY Removing CSBC $15.0'0 $2,040.00 1000 LF Trench Excavation $3.00 $3,000.00 1000 SY Geotextile $2.00 $2,000.00 1000 LF Underdrain Pipe $7.00 $7,000.00 4 Ea Connection to Drainage Structure $500.0C $2,000.00 80 CY Washed CSBC $50.0(~ . $4,000.00 70 CY CSBC from Stockpile $20.0C $1,400.00 300 Ton Asphalt Concrete Pavemer~t Cl. B $60.0C $18,000.00 1 LS Pavement Markers $2,000.00! $2,000.00 TOTAL $86,440.00 South 180ta Street Grade Separation Drainage Repair Specifications General Ail material and workmanship shall be in accordance with the requirements of the 2004 WSDOT/APWA Standard Specifications, except that Asphalt Concrete Pavement Cl. B shall be per the requirements of the 2002 Standard Specifications. Inspection of CDSM by Owner and Owner's Consultants The Contractor shall notify the Owner at east 24 hours prior to the time that the top surface of the CDSM will be exposed. After the top surface has been exposed and has been free of external water (rain, hosing off, etc.) for at least 12 hours, the Contractor shall allow 24 hours for the Owner and the Owner's consultants to inspect the exposed CDSM to determine if pressure grouting or any other out of scope work is needed. The Contractor shall build this 24 hour downtime into his bid, although the survey described below shall be done during this 24 hour period. If the Owner extends the downtime beyond 24 hours, it will be considered a changed condition. If any other work besides the work shown in the plans is required, that shall also be a changed condition. This process shall apply to each half of the repair area as it is exposed. Survey The Contractor shall prepare two scale survey drawings, with all dimensions called out, of the repair area indicating the areas that are wet due to leakage from below. These surveys shall only be done after the surface has been free of external water and any traffic for 12 hours. The first survey shall be done of the pavement surface prior to beginning pavement removal and the second shall be of the exposed.top of CDSM after removal of all the existing crashed surfacing base course. To the degree possible, the w~t areas shall be designated as areas where there are active leaks or as areas that are wet due to the flow of water across the surface. The method of survey can be by cloth tape or tape measure using the east end of the concrete pavement and the Pavement Markings After the new asphalt is placed and .before each half is reopened to traffic, the Contractor shall install new raised pavement markers to match the existing ones. T~affic Control In the lump sum bid for this work, allow for two (2) flaggers for fifteen (15) working days with ten (10) hour days. Also allow for two (2) sequential arrow signs for fifteen (15) working days and two (2) portable changeable message signs (PCMS) for twenty-eight (28) calendar days at the locations shown on 5 of 5. The PCMS shall be installed one (1) week prior to setting up the traffic control and shall read "ROAD WORK; mo/day TO mo/day; EXPECT DELAYS. UPPR BNSF S o © 2 int IU' • a 1 If 11, 16'00 d, 1, 111 n I, VI 11 . ;I, VI, rII : n 17'00 u p '1 , 11, D CV LA Old.. 3 2 IS la PLAN s SCALE: 1' =20' m n � EDGE OF CONCRETE SLAB 141 -0' 6'I UNDERDRAIN 14 SPA O 10' -0' a 140' -0' 4'0 TRANSVERSE PVC L UNDERDRAIN WRAPPED Q EXISTING 12'0 IN CONSTRUCTION GEOTEXOLE FOR UNDERGROUND O SECTION p TRANSVERSE UNDERDRAIN DRAINAGE, CLASS A. LOW SCALE: 1s =20' SURVIVABIUTY, L•1 4'0 LONGITUDINAL PVC UNDERDRAIN WRAPPED Q IN CONSTRUCTION GEC/TEXTILE FOR UNDERGROUND SECTION 10 0 10 20 DRAINAGE, CLASS A. LOW SURVIVABIUTY, TYP SCALE: 1 " =20' scale feet SOUTH 180TH ST. DRAINAGE REPAIR SHEET 1 OF 5 6' CL B ASPHALT TO BE REMOVED AND REPLACED EXISTING FASCIA, TYP 6' CSBC TO BE REMOVED 3e REUSED CSBC WASHED CSBC (3% MAX PASSING US NO. 200) EXISTING • SECANT PILE, TYP 4'0 LONGITUDINAL PVC UNDERDRAIN, TYP CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE. CLASS B, MODERATE SURVIVABIUTY USE SEPARATE PIPE FOR EACH HALF OF 'THE ROADWAY AND CAP EACH PIPE AT THE CENTERLINE OF THE ROADWAY L4'11 TRANSVERSE PVC UNDERDRAIN 6' at B ASPHALT TO BE REMOVED AND REPLACED 3' REUSED CSBC CDSM SECTION SCALE: 1' =10' LEAVE EXISTING CSBC TO PREVENT UNDERMINING GUTTER 2' —D' EXISTING CURB, GUTTER, AND SIDEWALK 6' CSBC TO BE REMOVED CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE (WRAP END INTO 6' TRENCH TO KEEP EXISTING CSBC OUT OF THE NEW UNDERDRAIN) EXISTING CSBC EXISTING DRAINAGE FABRIC EXISTING 12'4 UNDERDRAIN EXISTING TRENCH IN CDSM DETAIL SCALE: 1' =2' 1, -10, 10 scale SOUTH 180TH ST. DRAIINAGE REPAIR 2 1 =2 scale o 10 20 feet 0 2_4 feet SHEET 2 OF 5 EXISTING CURB AND GUTTER- 4'0 PVC DRAIN PIPE (NO 6'P xR6" TRENCH) EXISTING CATCH BASIN EXISTING 12'0 TRANSVERSE UNDERDRAIN IN 2' WIDE TRENCH �1 EXISTING 12'0 LONGITUDINAL UNDERDRAIN IN 2' WOE TRENCH 3" REUSED CS/3C 6' CSBC TO BE REMOVED —. CONSTRUCTION GEOTEXT1LE FOR UNDERGROUND DRAINAGE, CLASS B, MODERATE SURVIVABILITY WASHED CSBC (3% MAX PASSING US NO. 200) -1 EXISTING 12'0 TRANSVERSE UNDERDRAIN- CUT MINIMUM SIZE HOLES IN EXISTING DRAINAGE FABRIC TO ALLOW INSTALLATION OF DRAIN PIPE 4'f TRANSVERSE PVC UNDERDRAIN IN 6' x 6' TRENCH, TYP 4'0 LONGITUDINAL PVC UNDERDRAIN IN 6* X 6' TRENCH, TYP • 0 1 I DETAIL SCALE: 1' =4' 6' CL B ASPHALT PAVEMENT TO BE �— REMOVED AND REPLACED b ma rea EXISTING TRENCH WITH DRAINAGE FABRIC ALL FOUR SIDES CDSM OSECTION SCALE: 1' =2' SOUTH 180TH ST. DRAIINAGE REPAIR EXISTING CURB MD SIDEWALK CUT NEW OPENING AND GROUT IN DRAIN PIPE EXISTING 12'0 LONGITUDINAL UNDERDRAIN EXISTING CATCH BASIN 4 1' -4' scale 0 EXISTING CURB UNE 4 8 feet 2 0 2 4 1 -2 , -- scale feet SHEET . OF' 5 EXISTING CONCRETE PAVEMENT —n LEAVE EXISTING CSBC IN THIS AREA TO PREVENT UNDERMINING GUT! EXISTING CATCH BASIN GEOTEXTILE EAST EDGE OF CONCRETE PAVEMENT TRENCH INTO CDSM EXISTING CONCRETE PAVEMENT 2' 8' 8 PVC UNDERDRAIN 4'0 LONGITUDINAL PVC UNDERDRAIN ODETAIL SCALE: 1' =4' ASPHALT REUSED CSBC 4'0 PVC UNDERDRAIN DETAIL SCALE: 1' =2 WASHED CSBC TRENCH INTO CDSM SOUTH 180TH ST. DRAINAGE REPAIR TRENCH INTO CDSM ASPHALT REUSED CSBC COVER PERFORAnONS AND BACKF1LL MiMH CDF FOR ONE FOOT OUTSIDE CATCH BASIN OSECTION SCALE: 1' •2' EXISTING ASPHALT ASPHALT REUSED CSBC GEOTEXTILE WASHED CSBC 600 PVC UNDERDRAIN CENTERED ON CATCH BASINS �GEOTEXTILE I 1 *_ WASHED CSBC CUT NEW OPENING AND GROUT IN UNDERDRAIN -_A ODETAIL SCALE: 1' =4' ASPHALT REUSED CSBC 4'0 PVC UNDERDRAIN DETAIL SCALE: 1' =2 WASHED CSBC TRENCH INTO CDSM SOUTH 180TH ST. DRAINAGE REPAIR TRENCH INTO CDSM ASPHALT REUSED CSBC COVER PERFORAnONS AND BACKF1LL MiMH CDF FOR ONE FOOT OUTSIDE CATCH BASIN OSECTION SCALE: 1' •2' EXISTING ASPHALT ASPHALT REUSED CSBC GEOTEXTILE WASHED CSBC 600 PVC UNDERDRAIN CENTERED ON CATCH BASINS �GEOTEXTILE I, Li CDSM 2' —O' WASHED CSBC L CO PVC UNDERDRAIN DETAIL SCALE: 1' =2' EXISTING CSBC ` —DO NOT UNDERMINE EXISTING ASPHALT 4 0 4 8 1's4' scale feet 2 1 -2' ■ — scale 0 2 4 feet SHEET 4 OF 5 Transportation Comnlittee June 28, 2004 Present: Joan Hernandez, Joe Duffle, Pam Carter Jim Morrow, Frank Iriarte, Pat Brodin, Bob Giberson, Cyndy Knighton, Lucy Lanterbach; citizens Joyce Mathison, Jim Mulryan 1. Speeding Traffic on 50th Place South Joyce and Jim explained the problem of vehicles speeding down the S. 129th bridge from Skyway into Allentown. Speeds are of'ten 45-55 mph in a 25 mph zone. Joyce's daughter and Jim's friend were both hit backing out of their 50th Place driveways even though they had looked before backing. Joyce said she knew the City had no extra money, but hoped someone could (1) do a traffic study of the area and make a suggestion about what could be done (2) provide more police enforcement on a regular basis (3) use the mobile traffic speed detector reader board and (4) repair the broken curbing. Jim M said he had already talked to Keith about enfomement there, and the Chief had agreed to focus some patrols there. He said each traffic problem requires a different solution. Cyndy said they could put out counters that tally both traffic volumes and speeds. Though there is limited space for the mobile speed sign, both Joyce and Jim said it could be put on their property. Cyndy explained they were in the process of developing a program to identify the neighborhood traffic problem areas in the City, and would go from there to look at potential solutions tO alleviate the problems. However, they may not be able to completely resolve them. Joyce and jim also'talked about the curbing that gives pedestrians some protection. It has been hit often and is chipped and broken in areas, and needs a coat of paint. With Codiga Farm Side Channel Park'being developed just across the road from them, people will be walking there, and it is a very dangerous area because of the high speeds and the curve that prevents visibility to and from the hill bridge. Joyce also reported the rendering plant has incoming trucks that are not covered, and that have large animal carcasses sticking out the tops of the trucks. It is only late at night the uncovered trucks come, and they have a powerful smell that's unpleasant. Report b~/ck to Committee. 2 S. 180th Street Grade Separation Drainage Repair There is a wet spot on the pavement on S. 180t~, and it is making some drivers unhappy, as it splashes on their clean cars in dry weather. Staffhas viewed the wet spots, and has seen them migrate but not go away. Their conclusion was that more direct drains are needed in the whole wet area under the road. Unfortunately, they can't make the contractor do the work, as the wetness is within tolerances. Bob explained it's in an area that deep soil mixing was needed but not done extensively because it was under power lines and couldn't be reached by the big machinery that mixed the other areas. To tear up the roadway, install more drainage, and repair the road will cost about $86,000. It will be put into the small drainage program to be done, but the funds will come from the overlay and repair budget. Forward to COW for information only. -W" q,,, COUNCIL AGENDA SYNOPSIS er c 'ti o t M Z' Initials ITEM No. aj I MeetingDate 1 Prepared 1 Mayor's review 1 Council review 1 t N 4 11 1 07 -12 -04 1 SL 1 gtww4.. I c 4 1 I^ I I I 1 0 5, 1 J. i I I 1 I I I I 1 1 CAS NUMBER: 04-099 1 ORIGINAL AGENDA DATE: JULY 12, 2004 (AGENDA ITEM TITLE Contract for annexation and development services CATEGOR Motion Resolution Ordinance Bid Award Public X OTHER Mtg Date Mtg Date Mtg Date MtgDate Mtg Ba[g Mtg Date 7 SPONSOR Council Mayor Adm. X DCD Finance Fire Legal P&R Police PW SPONSOR'S The proposed contract will provide up to 1560 hours of project management services SUMMARY for the Tukwila Valley South annexation, EIS and master planning proposal over the next year. City Council approved the expenditure of up to $100,000.00 for such services in April, 2004. REVIEWED BY COW Mtg. F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. Approve the proposed consultant contract COMMITTEE CA&P Committee was briefed informally on 06- 29 -04. EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $94,000.00 $94,0000.00 Fund Source: Ending funding balance Comments: r ill f -i6i^'c e4 4, l a: ix 5 .m l C✓1 11 etlt c .F u7 F ��1� k l`"es, �`sf �.'�4�° TZ"�z��l�l��.�, fa az ;iM <...a, I I 3 f' s D eytl I .ri m4 i a .rcfi l iliAtnllll ENISI f }.'A i g C I i s I 07 -12 -04 1 Memorandum from Steve Lancaster dated July 5, 2004 I 1 Proposed contract for annexation and development services I I I CITY OF TUKWILA INTER-OFFICE MEMO TO: City Council FROM: Steve Lancaster c.~~ SUBJECT: Contract for Annexation and Development Services Tukwila Valley South Annexation DATE: July 5, 2004 ISSUE In April the City Council approved a program proposed by DCD and Public Works to provide adequate staffing for the Tukwila Valley South (TVS) annexation and master plan. A key component of this program was to retain a Project Manager on a one-year contract to coordinate the City's review and consideration of the proposed annexation and development plans. We are proposing to fill this need through a consultant contract with Lisa Verner, AICP, through her consulting firm, Commercial Development Solutions. BACKGROUND Following Council approval of the TVS staffing program, we advertised for a project manager and received approximately 25 applications and proposals. Five individuals were interviewed by a panel comprising the City Administrator, City Attorney, and the Directors of DCD, Public Works and Finance. Follow-up interviews were conducted with three finalists. Lisa Verner of Commercial Development Solutions has been selected and a proposed contract has been prepared for your consideration. DISCUSSION Lisa brings more than 25 years of public sector and private sector land use, annexation and master planning experience to this project. Highlights include: managing multiple annexations as the City of Bothell's Planning Administrator; negotiating agreements among government agencies and property owners for infrastructure, annexation and development of Grand Ridge (King County); and managing the annexation, planning and entitlement process for the Redmond West annexation (Trammell Crowe). Lisa holds Masters degrees in Urban Planning and in Real Estate Development, and has recently served as President of the Washington State Chapter of the American Planning Association. RECOMMENDATION Approve the consultant contract. Q:\STEVE~PAA\TVS Segale~LisaCC040705.doc Page 1 of 1 Contract No. CONTRACT FOR ANNEXATION AND DEVELOPMENT SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Commercial Development Solutions, hereinafter referred to as "the Contractor," whose mailing address is PO Box 70372, Seattle, Washington 98127. >i WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the personnel or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to he Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this r reference as if fully set forth. In performing such services, the Contractor shall at all •times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Comnensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $94,000.00. Invoices listing work performed and hours worked shall be submitted by Contractor to the City at the end of each calendar month. The City shall pay invoices within 35 days of receipt. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing July 13, 2004, and ending July 12, 2005 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, gram, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor 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 any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. respect p Agreement q y greement. With re act to the performance of this A Bement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for r't injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver rs 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 Contractor, its officers, agents, and employees. 7. Record Keening and Renortin'. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. r: 8. Audits and 1'nsnections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 2,1:.:.? 9. Termination. This Agreement may at any time be terminated by the City or Contractor ivin to the other party thirty (30) days written notice of the City's :r g g P rtY rtY Y or Contractor's intention to terminate the same. In the event of such termination, Contractor shall be entitled to :tk6. compensation for services rendered through the date of termination. t h y;,:t 10. Discrimination Prohibited. The Contractor shall not discriminate against any :??,;:f: employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assignment and Subcontract, The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. "`L& 7,;'" 12. Entire Agreement This Agreement contains the entire Agreement between the parties hereto and no other Agreements, or or otherwise, regarding the subject matter of this O Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated '?"lal: by written amendments to this Agreement. :.v•. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. '.:::7„,f4/7 f Tukwila, Washington 98188 tl': Notices to the Contractor shall be sent to the address provided by the Contractor upon the :20, signature line below. 14." Anolicahle Law: Venue: Attorney's Fees. This Agreement shall be governed by :l and construed in accordance with the laws of the State of Washington. in Inc event any suit, x<1?;•-.: arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to reasonable attorney's fees and costs of suit. DATED this day of 20 CITY OF TUKWILA CONTRACTOR: vj.' BY :sr1.; Mayor, Steven M. Mullet Title: ATTEST /AUTHENTICATED: Printed Name: :::it, Jane E. Cantu, CMC, City Clerk ADDRESS: APPROVED AS TO FORM: Office of the City Attorney BY: :1 EXHIBIT A SCOPE OF SERVICES The following work will be performed under the direction and oversight of the City of Tukwila Director of Communit7 Development (DCD): 1. Provide support to Project Team, consisting of senior City staff appointed by Mayor. · Schedule regular and special meetings of the Project Team. Determine need and arrange for attendance by persons outside the Project Team. · Develop and distribute meeting agendas in consultation with Director of Community Development (DCD) and the project proponent. · Prepare, distribute and present issue papers and recommendations. Prepare and distribute meeting notes. · Implement direction provided by Project Team, in consultation with DCD. 2. Serve as City liaison to affected property owners and other government agencies on all matters involving annexation and development of the Tukwila South area. Act as first point-of-contact between property owners and City staff. · Coordinate communication between City staff and property owners, consultants, government agencies and other interested parties. · Attend meetings involving property owners, consultants, agency representatives and others concerning master plan, environmental review, infrastructure planning and financing, annexation, and other matters involving annexation and development of the Tukwila South area. · Keep city officials informed and seek direction concerning interactions with affected property owners, consultants, agencies and other interested parties. · Identify issues needing resolution, provide necessary information and recommendations to decision-makers, and take appropriate actions to ensure decisions are timely made and implemented. 3. Manage selection and performance of consultants to ensure the development of objective, accurate, complete and well-written information for decision-makers. · Advise Director and Project Team concerning need for peer review of property owners' or consultants' submittals, and other City consultant needs related to the project. · Prepare scopes-of-work for proposed consultant contracts. · Manage consultant selection process in compliance with City consultant selection guidelines and procedures. · Monitor performance of City consultants, including review of, and recommendations concerning invoices and draft work products. Exhibit A: Contract for Annexation and Development Services Page 1 of 2 · Brief Project Team and other City officials, as appropriate, concerning consultant progress, findings and significance. 4. Coordinate City's reviews of proposals relating to land use policy, development regulations, infrastructure financing, environmental protection and related issues. · Review all submittals by property owners and their consultants. · Coordinate inter-departmental review of property-owner submittals and other project-related information and recommendations. · Coordinate City's project-related activities and decisions with other governmental agencies. · Identify and evaluate policy and implementation options. Draft issue papers, staff reports and recommendations for consideration by decision-makers. · Make presentations to decision-makers and other groups. Exhibit A: Contract for Annexation and Development Services Page 2 of 2 EXHIBIT B PAYMENT Payment for work completed and for services rendered under this contract shall be at the rate of $60.00 per hour exclusive of travel time. Exhibit B: Contract for Annexation and Development Services Page I of I ' COUNCILAGENDASYNOPSIS ................................. .Initials ................................. ITEM NO. Meeting Date Prepared ~. [ Mayor's review Council review 07-12-04 AS~Jl ~w~ ~ 5 C CAS NUMBER: 04-100 ORIG~qAL AGENDA DATE: JULY 12, 2004 AGENDA ITeM TtTLE Contract Amendment - Charles River Associates (AG 04-019) CATEGOR X Discussion [] Motion [] Resolution [] Ordinance [] Bid Award~H~,~i~ [] Public [] Other Mtg SPONSOR [] Council [] Mayor [] Adm. X DCD [] Finance [] Fir~ [] Legal [] P&R [] Police [] PW SPONSOR'S This "not to exceed $30,000" contract amendment covers Dan Brand's on-going SUMMm~Y technical work involving Sound Transit, including attendance to public hearings. P, EVIEWED BY [] COW Mtg. X CAP [] F&S Cmte [] Transportation Crate [] Utilities Crate [] Arts Comm. [] Parks Comm. [] Planning Comm. DATE: 06-29-04 ..... RECOMMENDATIONS: SPONSOR/_A-DMIN. Review & forward to consent agenda COM~T~E CAP supported amendment and forwarded it to 07-12 COW EXPENDITURE REQUllLED AMOUNT BUDGETED APPROPRIATION REQUIRED Sao, ooo.oo $ Fund Source: General Fund - Sound Transit Comments: ; 07-12-04 Memorandum from Steve Lancaster dated 07-14-04 Proposed amendment to AG 04-010 Copy of AG 04-019 Minutes - Community Affairs and Parks - June 29, 2004 ~ .......... -......- ~.~'""~ Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet Committee of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Contract Amendment with Charles River Associates DATE: July 14, 2004 BACKGROUND Dan Brand of Charles River Associates has been a consultant to the City since September 2001. He has pro¥ided technical review of the parking and transportation related impacts of the proposed Link Light Rail project. The original contract amount for $24,500 was approved in September 2001 and a second contract for $10,500 was approved in November 2002. A third contract for $50,000 was approved in March 2004. These contract amounts have been exhausted. However, work with Sound Transit on parking issues for the South 154th Street Station has continued to evolve and the need for his expertise continues. PROPOSED CONTRACT AMENDMENT We have drafted a contract amendment for your consideration (see attached). It is structured as a time and materials contract with a not-to-exceed amount of $30,000. This contract is intended to cover Mr. Brand's ongoing work conceming Sound Transit, potentially including implementation of some aspects of the parking determination and attendance of public hearings related to the project. COMMUNITY AFFAIRS AND PARKS COMMITTEE ACTION Reviewed the draft contract amendment and sent it'to the COW for consideration. REQUESTED ACTION Review the draft contract amendment and forward to the Council's Consent Agenda Q:\dan brand contract 6-04\BRANDCOW7.6.04.DOC Page 1 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~ . .:~;~::.. ~. City of Tukwila ~... ~.-.. · Contract for Services ' ::~:'~ ' Amendment # Between the City of Tukwila and Charles River Associates .'-.':-~:~: That portion of Contract No. AG04-019 between the City of Tukwila and ~ New Exhibit: _ EXHIBIT A-2 ADDENDUM · ,... SCOPE OF WORK Charles River Associates will provide teelmical review, analysis and advice regarding parking demand and transportation impacts related to the proposed Link Light Rail .System. These services will include, but not be limited to: [a reviewing repom submitted by Sound Transit, a participating in technical review meetings eithar in person or bY conference call, :: a providing expert testimony at public hearings, :. [~ making recommendations to the City on parking and transportation topics. cOMPENSATION Compensation for the tasks included in the amended Scope of Work {Exhibit A-2) shall not exceed $30,000. Compensation for the entire contract (as amended) shall not exceed $80,000. DU!3AT!ON O.~ AG_~EMENT .: · ~ This agreement shall be extended in full force and effect for a period '' commencing October 1, 2004 to December 31, 2004. ~ ' All other promsions of the contract shall remain in full force and effect. ~' DATED this day of ,20 CONTRACTOR CITY OF TUKWILA James M. Wells, Vice President & Controller Steven M. Mullet, Mayor ATTEST/AUTHENTICATED APPROVED AS TO FORM Jane E. Cantu, CMC, City Clerk City Attorney AG 04-0( q CONSULTANT AGREEMENT FOR TRANSPORTATION CONSULTING SERVICES TUTS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Charles River Associates Incorporated, 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 transportation consulting services in connection with the City's review of the Link Light Rail project. 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 services and provide all work product required pursuant to this Agreement before September 30, 2004, 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 "I3" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $50,000 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 p.rogess 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 chall 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 Ciry after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals 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 find 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 end_,., 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 A. 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, ordinapres and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold hanuiess the City, its officers, agents and employees, from and against any and all claims, losses or liability, incl attorney's fees, arising from injury or death to persons or damage to property n. Y KtA ifr eAcat A occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. WWI respect to the perform- ance of this Agreement and as to claims against the City, its officers, 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 brought 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. Independent Contractor. The Consultant and the City agree that the Consultant is an Lucie pende,-,t contractor with respect to the services provided pursuant to this A ent Nothing in this Agreement shall be considered to create the relationship of employer and 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 A sreranent The City shall not be responsible for withholding or otherwise deducting federal semi v^ tax or social security or for contributing ni the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 9, Cavenaatt Against Coaa'dngent Pees. The Consultant warrants that he has not employed or retained any company or person, other than a bona. fide employee working solely for the Consultant, to solicit or secure this contrast, and that he has not paid or agreed to pay any company or person, otter 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 wsuant, the City shall have the right to annul this contract without liability, or in its discretion to deduct flora the contract price: or consideration, or otherwise recover. the full amount of such fee, commission, brokerage fee, gift, or contingent fee. 10. 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, apse, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 12, 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. 13. Termination, 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 teens 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. 14. Attorneys Pees 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 2 MAR. 3.euu4 3�G4YM LMM%Ltb K1vtK 1 4v o1.=7 15. Notices. Notices to the City of Tukwila shall b8 sent to the following address; City Clerk City of Tukwila 6200 Sottthcenter Boulevard Tukwila, WA 98188 Notices to Consultant shalt be sent to the following address: Paul T. Leuchte Charles River Associates Incorporated John Hancock Tower, T -33 200 Clarendon St. Boston, MA 02116 -5092 16. Integrated Agra -.t. This Agreement, together with attachments or addenda, represents the entire and integrated A between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agrremnent may be amended only by written instrument sign ed by both the City and the Consultant. DATED this 2 day of JL' LU rh 2004. C OF TUKWILA CONSULTANT By: k) A 0-1 Steven M. Mullet, Mayor Printed Name:James M. Wells Title: Vice President Controller Attees�t�/A�utfheenticated Approved ass to Form: r Office lane E. Cantu, CMC, City Cl of e City Attorn y) A. 3 NPR. 3. GUVJ4 s: 24PM O-1Ht<Lt5 N.LVt NO. 257 t -t Exhibit A Scope of Services Charles River Associates will provide technical review, analysis and advice regarding parking demand and transportation impacts related to the proposed Link Light Rail System. These services will include, but not be limited to: reviewing reports submitted by Sound Transit, participating in technical review meetings either in person or by conference call, providing expert testimony at public hearings, performing independent parking demand forecasts and technical memoranda and brief reports incbu4ing a. final report containing best estimates of parldag demand at the South 154 Street station in 2011 and 2020. making recommendations to the City on parking and transportation topics. 4 MIR. 3.2004 3;24PM CHFlRLES N1 VEN HSSUCCb 4v ,,scc 11U.,70( r.o.o Exhibit B Payment Schedule Charles River Associates will provide services on a Cost Plus 10% Fee Basis per the following schedule. Expenses for travel and outside photocopying will be billed at cost plus General Administrative (G&A). Library search and data acquisition services charges include an amount designed to recover the Exed costs of providing these services. Miscellaneous expenses for telephone, facsimile, on -site copying, courier, shipping, postage and supplies are allocated on a pro rata basis and will be billed at cost plus G &A. 2001 STANDARD COSTS .AND BILLING RATES US STD 2001 Government TITLE LEVEL. RATE Hourly Hourly WITHOUT Fee WITH 10% Fee OF9C €RS 02 381.00 5224.63 3246.99 PRINCIPALS 04 $69.00 3191.27 5210.39 SA's 06 357,00 5158,00 517320 SA'a 08 552,00 5144.14 5158.56 SA's 10 547,00 3130.28 5143,31 SA's 11 $47.00 $130.28 5143.31 SA's 12 $40.00 5110.88 5121.97 SA's 13 537.00 5102.56 3112.52 SA's 14 $36.00 399.79 5109.77 ASSOCIATES 16 331.00 $85.93 594.63 ASSOCIATES 18 $23,00 $63,76 $70213 ANALYSTS 23 $19.00 $52.67 357.93 SUPPORT 18 526.00 $72.07 379,26 SUPPORT 22 $22.00 $60.98 $67.08 SUPPORT 24 $14.00 $38.81 342.69 FRINGE 0.5472 O/H 0.6642 GaA 0.0767 G8A SUES 0.0839 COST MULTIPLIER 32.77 MULTIPLIER W/ 10% FEE 33.05 k 5 Community and Parks Committee June 29, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Evie Boykan, Jack Pace, Steve Lancaster, Lynn Miranda, Lucy Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works 1. Interlocal re CDBG. and Home Investment Programs The City receives CDBG and HOME housing investment program funds through King County, which uses a Joint Rec6mmendations Committee (JRC) to advise the County on allocations. The JRC duties and composition are spelled out in the interlocal the cities and county sign for the distribution of funds. Representation on the JRC is being changed to allow more suburban representation. Taking one County representative off and adding 2 members each from south and north/east suburban King County is the change being addressed. The Committee supported the amendment to the interlocal. Recommend interlocal amendment to Council. 2. Dollar Rent-A-Car Signs Dollar Rent-A-Car is located on S. 160th/TIB at the boundary of Sea Tac and Tukwila. Sea Tac is now improving TIB at this location, and in the construction process one of Dollar's signs was damaged beyond repair. Tukwila's sign code requires nonconforming signs (which these are) to be made conforming when the sign is relocated or modified. Two options were presented: either change the boundary to give the business to Sea Tac, which would allow two signs; or pass a waiver to allow the business to have two signs placed just outside the right of way. The Sea Tac staff members were relieved they did not have to condemn the signs, which could have cost the city up to $1 m. Recommend resolution to COW and Regular Meeting. 2a. Junk Cars & Property MaintenaneeThe Committee members asked Don and Tom about their code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for junk cars are strictly enforced in the.front and side yards visible from the street. A citizen group had worked with city officials to define how much (what percentage) of a yard or front property could be used for parking vehicles. Another law they passed did not allow the freestanding tents (a tent roof on four 7' poles) in front yards unless it has no walls. Both said it was going very well, with no public outcry from citizens over the more strict regulations. When asked if they'd given residents a year to get used to the new codes before they were strictly enforced, Tom said he didn't think it was that long, though he thought it could have been six months. They said they advertised their new standards for about six months in their city newsletter. Information. 3. Ordinance Renewin~ TOD Moratorium The Transit Oriented Development (TOD) area offof Interurban has had a moratorium since 2002, when the City decided to have an integrated plan for this area. The planning has proceeded with public input through several stages, but is not quite done yet. The Council did approve an amendment to the original moratorium ordinance, adding uses allowed there. An applicant has asked for a broadening of those uses, but the staff and Committee members agreed that was not appropriate now. The Committee chose to renew the moratorium for six months, hoping work will be done by then to be able to remove it. Recommend resolution extending moratorium to COW and Regular Meeting. 4. Charles River Contract Dan Brand of Charles River has helped the City in its negotiations with Issues have since his work first started, and his expertise is Sound Transit over parking issues. changed still needed to respond to Sound Transit's proposals. This can be done through a contract extension, lei adding $30,000 to the cun'ent contract. The Committee supported this proposition. Recommend contract e×tension to COW and Re~nlar Meeting,, $. international Proper~ Maintenance Code The Committee had considered this Code iu April, and it went to the Council, where many questions about its implementation and effect were asked. Further consideration was recommended, and the Committee again reviewed the Code and the impacts it would hav~ on Tukwila citizens. Staffhad prepared a memo asking and answering some of the questions th/~t had come :up previously. They went over some of the thorny issues previously discussed· The new code will work with the new International Building Code as well as other new Fire, Mechanical, and Residential Codes. It covers topics not covered in the 1997 Housing Code, though some subjects that have raised concern are already in the Housing Code. It can be used to clean up rental houses, as well as buildings that are not houses The new code could address these issues in apartments as well as in houses. CDBG funds are available for people to address some home improvements needed for health and safety. The Committee discussed the item about no major car repairs in carports. After discussion about the need to have a place to work on cars, as well as the aesthetics and potential hazard major car repair could entail, the Committee decided that a person working on one car even for major work would probably not be cited (unless neighbors reported the car work as a problem). It is the continuous working on several cars of friends and families, often with multiple cars on the property at once, that is the target of the new Code. One of the things Sea Tac did was limit parking at single family homes as a way to address a very large number of people living in one house· Pam L had estimated that her large house could legally hold 14 people, with potentially 14 cars. It is the cars that cause the neighborhood problems. Sea Tac addressed this by limiting the number of cars a house can park· It is one way to address the issue of ovemrowding in homes. Kathy will devise charts of both small and large homes and how many people can legally reside in them· Dave asked about the pool and spa provisions. He has to meet stringent King County Public Health codes, and he is meticulous about keeping his pool in compliance year round. The Ben Carol pool, on the other hand, is a public danger as the muck tums the water thick green and nothing under the surface can be seen all winter. The new code would allow this to be addressed. Dave wanted to be sure the provisions in the IPMC did not conflict with the Public Health roles. The Committee members felt that though everyone might not like all the provisions in it, the new IMPC was worth passing intact. As Steve L said, it is a matter of policy for the Council to decide how they want the City to look· Joe thought that since several cities around us had passed the Code, Tukwila should keep up with them. Recommend International Propert3', Maintenance Code to Council. ,~.~'~' Committee chair approval. Co UNCILAGENDA SYNOPSIS i .................................. I#i~ah ................................. ITEM NO. ~ Meeting Date Pmpare~ blqyor's revie,v Coundl revieva 07-12-04 SITM ~-~t~v~ cx,~n'~O. ~ , (~ ITEM INFORMATION Ok~- ~ ~ 0 ~ [O1L!GINALAGENDADATE: 1ULY7, 2004 CAS NUMBER: 04-101 AGENDA ITEMTITLE Administrative Variance for signs at Dollar Rent-A-Car Mia Date M~g Date M~ Date 07-12-04 Mtg Date bite Date M~ Date Mia Date SPONSOR [] Coundl [] Mqor [] ,4dm Sect X DCD [] Finance [] Fire [] Legal [] P~R [] PoEce [] PIV SVONSO~'S Improvements to International Boulevard by the Ci~ of SeaTac have necessitated SuVa~ta~¥ relocation of two freestanding signs owned by Dollar Rent-A-Car. An administrative variance would allow Sea?ac to replace the signs in locations acceptable to the owner. REVIEWED BY [] COW Mtg. X CA&P Cmte [] F&S Cmte [] Transportation Cmte [] Utilities Cmte [] Arts Comra. [] Parks Comm. [] Planning Comm. DATE: 3une 29, 2004 RECOMMENDATIONS: SvoNso~t/Ao~rta. Adopt resolution approving administrative variance. Cota~n'rrnE Adopt resolution approvin9 administrative variance. ICOST IMPACT/FUND SOURCEI EXPENDITU1LE REQUIRED AMOUNT BUDGETED ~,PPROPRIATION REQUIRED $0 $o $0 Fund Source: NA Comments: MTG. DATE RECORD OF COUNGIL AGTION 07-12-04 MTG. DATE ATTACHMENTS 07-12-04 Hemo from steve Lancaster dated 3u1¥ ?, 2004 Draft Resolution Hinutes of CA&P meeting, 2une 29, 2004 CITY OF TUKWILA INTER-OFFICE MEMO TO: Commfinity Affairs and Par~ks/Committee FROM: Steve Lancaster ~ SUBJECT: Dollar Rent-A-Car Signs DATE: July 7, 2004 BACKGROUND Dollar Rent-A-Car is located at 15858 International Boulevard. Although located within the City of Tukwila, this business fronts upon the portion of International Boulevard owned and maintained by the City of S eaTac (see Figure 1). SeaTac is nearing completion of widening and reconstruction of this stretch of International Boulevard. Right-of-way requirements and construction of SeaTac's street improvement project has made necessary the removal or relocation of two nonconforming freestanding signs on the Dollar Rent- A-Car property. The location of these signs is indicated on Figure 2. Sign 1 remains standing, with one of its supporting polos located within the new sidewalk for International Boulevard. Sign 2 was removed and extensively damaged during construction. The orange line on Figure 2 indicates the Tukwila/SeaTac boundary, which is also the old right-of-way line. The blue line shows the new right-of-way line for International Boulevard and for S. 160th Street. Tukwila's sign code requires that any modified or relocated sign must be brought into full compliance with the regulations for new signs. The Tukwila sign code would allow only one freestanding sign on this site, and it would have to be located with a setback equal to its height. Dollar Rent-A-Car is unwilling to give up the "grandfather" rights they have enjoyed for the two signs. SeaTac has requested that Tukwila consider the following options due to the likely cost involved in the acquisition of the signs through condemnation. OPTIONS Option A would involve agreement between Tukwila and ScaTac to adjust our municipal boundaries in a manner illustrated by the blue line on Figure 3. This would place two small portions of the Dollar Rent-A-Car property within the City of SeaTac. The affected signs could then be placed in these areas according to SeaTac's, rather than Tukwila's sign regulations. SeaTac has indicated the intention to process a dimensional sign waiver to allow the two signs if Q:\STEVE\INTERGOV~DollarSeaTacCC.doc Page 1 of 2 this option is pursued. Under SeaTac's sign code, two freestanding signs would be allowed; one for each frontage on International Boulevard and S. 160th Street. Option B would have Tukwila issuing an administrative variance, by City Council resolution, to allow the signs to be relocated to just outside the new right-of-way (same locations as under Option 1). There is precedent for such an administrative variance. The City Council granted such a variance to Kentucky Fried Chicken when WSDOT improved the intersection of Tukwila International Boulevard and S. 144th Street in 1995 (Resolution No. 1330, see Attachment A). A draft resolution approving an administrative variance for Dollar Rent-A-Car, modeled after Resolution No. 1330, is included for your review. Option C would be for the City of Tukwila to take no action. Dollar Rent-A-Car would be limited to one freestanding sign. If they chose to re-use one of their existing signs, it would have to be set back from the new right-of-way line a distance equal to its height. Condemnation of the pre-existing signs would likely involve significant cost to the City of SeaTac. RECOMMENDATION Based upon the decision made under similar circumstances in 1995, staff recommends Option B. Q:\STEVE\INTERGOV~DolIarSeaTacCC.doe Page 2 of 2 DOLLAR RENT-A-CAR SIGNS VICINITY MAP 120 60 0 120 240 360 ,'-,_~,_ , Feet Figure 1 SIGN 1 Approximate Area = 100 sf Approximate Height = 28 ft. Note: Sign 1 to be relocated out of sidewalk. SIGN 2 Approximate Area = 170 sf Approximate Height = 22 ft. Note: Sign 2 was removed May of 2003 to construct sidewalk & signal. Sign 2 to be reinstalled. ,DOLLAR RENT-A-CAR SIGNS ADMINISTRATIVE VARIANCE OPTION $ 30 15 0 30 60 90 Figure 2 SIGN 1 Approximate Area = 100 sf Approximate Height = 28 ft. Note: Sign I to be relocated out of sidewalk. SIGN 2 Approximate Area = 170 sf Approximate Height = 22 ft. Note: Sign 2 was removed May of 2003 to construct sidewalk & signal. Sign 2 to be reinstalled. DOLLAR RENT-A-CAR SIGNS BOUNDARY CHANGE OPTION iN 30 15 0 30 60 90 ,,-~,.-_ , Feet Figure 3 J A W Y PI J t k4 is 11A, VA 1908 City of Tukwila Washington Resolution No. /S30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR THE ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTERS 19.12 AND 19.28 AND ALLOWING FOR THE RELOCATION OF AN EXISTING NONCONFORMING COMMERCIAL SIGN LOCATED AT 3742 SOUTH 144TH STREET PACIFIC HIGHWAY SOUTH. WHEREAS, the Washington State Department of Transportation (WSDOT) has determined that certain improvements to the intersection of SR 99 and South 144th Street are necessary; and WHEREAS, it has been determined that in order to effect these improvements, it is necessary to acquire right of way and relocate a sign at the business known as KPC, located at 3742 South 144th Street; and WHEREAS, the sign is currently classified as non conforming, and in accordance with Chapters 19.12.010 and 19.28.030 of the Tukwila Municipal Code, any non conforming sign that is relocated must be altered to allow for compliance; and WHEREAS, no action would be necessary except for WSDOT's and the City's need for this property for a valuable public purpose; and WHEREAS, it would be contrary to public policy and cause undue financial hardship to the property owner to strictly apply Tukwila Municipal Codes Chapters 19.12 and 19.28 to a pre existing conforming sign being moved on the behest of the City and State; and WHEREAS, the relocation of the sign is for the public welfare, safety and benefit, and is not initiated by or on behalf of the business or property owner, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: The Department of Community Developthent is hereby authorized to grant a permit for relocation of the free standing existing sign at the southeast corner of the ICFC property located at South 144th Street and SR99. Relocation shall be an administrative variance to the Tukwila Municipal Code and will not be required to strictly comply with the criteria as specified in Chapter 19 of the Tukwila Municipal Code due to the compelling public policy reasons stated above. PASSED BY THE CI'T'Y COUfl, OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this Vii day of s--zt rt.4.c.±) 1995. S r C✓ Allan Ekberg, Council President ATTEST /AUTHENTICATED: \41 .4. 42 .q an E. Cantu, City Clerk APPROVED AS TO FORM: Office of the City Attorney Filed with the City Clerk: As- Passed by the City Council: f S Resolution Number 43 ATTACHMENT A n r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR AN ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTERS 19.12 AND 19.30, ALLOWING FOR THE RELOCATION OF AN EXISTING NONCONFORMING COMMERCIAL SIGN AND THE REPLACEMENT OF A SECOND NONCONFORMING SIGN, BOTH LOCATED AT 15858 INTERNATIONAL BOULEVARD. WHEREAS, the City of SeaTac, Washington has determined that certain improvements to International Boulevard in the vicinity of South 160th Street are necessary; and 1' WHEREAS, it has been determined that in order to effect these improvements, it is necessary to acquire right-of-way and relocate or replace two freestanding signs at the business known as Dollar Rent -A-Car Located at 15858 International Boulevard; and 2;t:721 WHEREAS, the signs were classified as non conforming at the time the International Boulevard improvements commenced, and in accordance with Sections 1212.010 and 19.30.030 of the Tukwila Municipal Code, any non conforming sign that is relocated must be altered to allow for compliance; and WHEREAS, no action would be necessary except for the City of SeaTac's need for this property for a valuable public purpose; and WHEREAS, it would be contrary to public policy and cause undue financial hardship to the property ovincr i.7 3uLLuJ aWpsy ii wVriiu niu.uCipai Code. uu?Yt'Cys 19.12 and 19.30 to r<: pre- existing signs being moved on the behest of a public agency; and WHEREAS, relocation of the signs is for the public welfare, safety and benefit and is not initiated by or on behalf of the business or property owner; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Department of Community Development is hereby authorized to grant a permit for relocation or replacement of two freestanding pre-exisfing signs located on the western frontage and at the southwest corner of the property located at 15858 International Boulevard. The relocated laced signs shall be no /rep gns greater in height than the pre- existing signs. Relocation and replacement shall be by administrative variance to the Tukwila Municipal Code and will not be required to strictly comply with the criteria as specified in Title 19 of the Tukwila Municipal Code including, but not limited to height and setback, due to the compelling public policy reasons stated above. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Jim Haggerton, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY Filed with the Qty Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: Sign Variance 7/9/04 1 of 1 ATTACHMENT B Community and Parks Committee June 29, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Evie Boykan, Jack Pace, Steve Lancaster, Lynn Miranda, Lucy Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works 1. Interlocal re CDBG and Home Investment Pro,rams The City receives CDBG and HOME housing Investment program funds through King County, which uses a Joint Recommendations Committee (JRC) re advise the County on allocations. The JRC duties and composition are spelled out in the interlocal the cities and coumy sign for the distribution of funds. Representation on the JRC is being changed to allow more suburban representation. Taking one County representative off and adding 2 members each from south and north/east suburban King County is the change being addressed. The Committee supported the amendment to the interlocal. Recommend interlocal amendment to Council. 2. Dollar Rent-A-Car Signs Dollar Rent-A-Car is located on S. 160th/TIB at the boundary of Sea Tac · and Tukwila. Sea Tac is now improving TI]3 at this location, and in the construction process one of Dollar's signs was damaged beyond repair. Tukwila's sign code requires nonconforming signs (which these are) to be made conforming when the sign is relocated or modified. Two options were presented: either change the boundary to give the business to Sea Tac, which would allow two signs; or pass a waiver to allow the business to have two signs placed just outside the right of way. The Sea Tac staff members were relieved they did not have to condemn the signs, which could have cost the city up to $I m. Recommend resolution to COW and Regular Meeting. 2a. Junk Cars & Property MaintenaneeThe Committee members asked Don and Tom about their code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for junk cars are strictly enforced in the front and side yards visible from the street. A citizen group had worked with city officials to define how much (what percentage) ora yard or front property could be used for parking vehicles. Another law they passed did not allow the freestanding tents (a tent roof on four 7' poles) in front yards unless it has no wails. Both said it was going very well, with no public outcry from citizens over the more strict regulations. When asked if they'd given residents a year to get used to the new codes before they were strictly enforced, Tom said he didn't think it was that long, thouoda he thought it could have been six months. They said they advertised their new standards for about six months in their city newsletter. Information. 3. Ordinance Renewing TOD Moratorium The Transit Oriented Development (TOD) area offof Interurban has had a moratorium since 2002, when the City decided to have an integrated plan for this area. The planning has proceeded with public input through several stages, but is not quite done yet. The Council did approve an amendment to the original moratorium ordinance, adding uses allowed there. An applicant h, as asked for a broadening of those uses, but the staff and Committee members agreed that was not appropriate now. The Committee chose to renew the moratorium for six months, hoping work will be done by then to be able to remove it. Recommend resolution extending moratorium to COW and Regular Meeting. 4. Charles River Contract Dan Brand of Charles River has helped the City in its negotiations with Sound Transit over parking issues. Issues have changed since his work first started, and his expertise is still needed to respond to Sound Transit's proposals. This can be done through a contract extension, COUNCIL AGENDA SYNOPSIS i ~ .................................. Initials ................................. ITEMNO. Meeting Date Prepq;q, ~ by Mayor's review Council review ITEM INFORMATION CASNUMBER: REF 04-073 [ ORIGINAL AGENDA DATE: 05/24/04 AGENDA ITEM TITLE 2003 Internationl Property Maintenance Code CATEGOR [--] Discussion I--]Motion [~] Resolution [] Ordinance [--I Bid AwardIHe i~l[~ Public [] Other Y Date e in Mtg Date Mtg Date Mtg Date Mtg Date 7/12/04 Mtg ImtgaDat~ Mtg Date SPONSOR [] Council ~] Mayor [] Adm [] DCO [] Finance [] Fire [] Legal [] P&R [] Police [] PW SPONSOR'S SV~roposal to adopt the 2003 International Property Maintenance Code o SUMMARY Review draft ordinance and discuss potential of forwarding same to 7/19/04 Regular Meeting. REVIEWED BY [] COW Mtg. [] CA&P Crate [] F&S Crate [] Transportation Crate [] utilities Crate [] Arts Comm. [] Parks Comm. [] Planning Comm. DATE: RECOMMENDATIONS: SPONSOR,/ADMIN. DCD - Review draft ord, & forward same to 7/19/04 Reg. Meeting COMMITTY~ Same as sponsor [COST IMPACT / FUND SOURCE] EXPENDITURE REQUIRED AMOUNT BUDGETED ~PPROPRIATION REQUIRED Sn/a $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/24/04 COW Review; remanded to CA & P for additional discussion/review. MTG. DATE ATTACHMENTS 7//~2/04 Memo from S. Lancaster, dated 7/7/04 including Attachments A-F (F is draft ord.) ' Community and Parks Committee Minutes from 6/29/04 t City of Tukwila StevenM. Mullet, Mayor i.... Deparlment of CommunitY Development Steve Lancaster, Director TO: Committee of the Whole FROM: Steve Lancaster, Director Depmtffi'ent of Community Development Date: July 7, 2004 SUBJECT: International Property Maintenance Code The CAP originally considered the adoption of the International Property Maintenance Code at their meeting on April 13, 2004. The issue was forwarded to the COW without a recommendation. On May 24, 2004, the Council discussed the proposed ordinance adopting the International Property Maintenance Code. It was decided at that meeting that further discussion by the CAP committee was needed prior to bringing it back to the Council for consideration or public hearing. This discussion was held at the June 29, 2004 CAP meeting. The issue was forwarded to the Council COW for their consideration with recommendation for approval. During these discussions additional questions arose. Staff has prepared responses to the questions below: 1. "Why don't we continue to use the 1997 Uniform Housing Code?" A. In 1998, the City adopted the following codes published by the International Conference of Building Officials (ICBO): 1997 Uniform Housing Code (UHC) 1997 Uniform Building Code (UBC), the 1997 Uniform Fire Code (UFC), 1997 Uniform Mechanical Code (UMC),' · 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB). This collection of codes regulated new construction and existing housing, as well as dangerous buildings. These codes were developed to work together and support each other. Memo to COW for the July 12, 2004 meeting Page 1 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~ B. In June 2004, the City adopted the following Codes effective July 1, 2004 to replace the 1997 codes: 2003 International Building Code (IBC), · 2003 International Fire Code (IFC), 2003 International Mechanical Code (IMC) · 2003 International Residential Code (IRC) These International Code Council (ICC) codes serve as the governing codes for new construction and remodeling of existing buildings throughout the state of Washington. As with thc previously adopted ICBO codes, these ICC codes are designed to work together to achieve a safe built environment. The issues covered in the UHC and in the UCADB are addressed in the new 2003 International Property Maintenance Code (IPMC). Since the IPMC, too, is designed to work hand-in-hand with the IBC, it makes sense to also adopt the IPMC rather than trying to make the UHC "work" with the International Codes. C. Other nearby cities which have or are about to adopt the IPMC, include SeaTac (in place for over a year); Des Moines, Federal Way, and Covington have all recently adopted the IPMC. Burien is considering adoption shortly. During the adoption process at SeaTac there were a couple of changes made to the code involving: · Abandoned buildings: City of SeaTac does not permit vacant or abandoned buildings to APPEAR vacant. Their requirements do not permit the boarding up of windows, and landscaping must be maintained. · References to the Board of Appeals were deemed to refer to the hearing examiner system used by the City of SeaTac. · A copy of SeaTac's adopting ordinance #03-1023 is attached for your review as Attachment A. 2. "How does the IPMC compare with the Housing Code?" Attachment B is a table comparing the existing Uniform Housing Code with the proposed Property Maintenance Code. Both codes have similar objectives to provide minimum standards and to promote the safety and welfare of buildings and their surrounding property. Memo to COW for the July 12, 2004 meeting Page 2 Current Code (UHC) New Code (IPMC) Covers residential use only Includes both residential and non- residential buildings and their surroundings. "Dangerous Buildings" are covered in a "Unsafe Structures and Equipment" are separate code (UCADB). covered in Section 108. Silent on nuisances. The City of Tukwila Includes most "nuisance" issues, such as has addressed nuisances in Chapter 8.28 of rodents, trash and debris, weeds, etc. the TMC. The presence of graffiti is not currently a Graffiti is specifically addressed in Section code violation and there are no provisions 302.9 and requires the owner to remove. requiring its removal. 3. "How will the new regulations change regarding ? (Paint, insect screens, swimming pool enclosures, car repair, occupancy standards, etc.)." Several questions arose during Council discussions regarding specific requirements of the new code and whether or not these were regulated under the current code. I will address these is order of their appearance in the new code: a. Section 302.3 Sidewalks and driveways...shall be kept in proper state of repair... · The new code does not REQUIRE paved driveways, but simply requires that if they exist they must be kept free from hazardous conditions. · Damage to public sidewalks from tree/plant roots is prohibited in TMC 11.20.140 under the jurisdiction of the Public Works department. b. Section 302.8 Motor Vehicles "...no inoperative...motor vehicle shah be parked.., or stored on any premises.., and no vehicle shall at any time be in a state of major disassembly..." This does not conflict with the recently adopted "Junk Vehicle Ordinance" but does address additional regulations: · Permits "major overhaul" work to be performed only inside a structure. The CAP discussed the definition of"structure" and whether it would include carports as well as garages. For purposes of building permits, a carport is considered a "structure" and if greater than 200 s.f. would require a building permit. The council may want to consider specifically permitting major auto work which takes place inside a carport as well as inside a garage or other enclosed structure. This would still prohibit major overhaul work conducted in the yard or on the driveway of a property and would address the most egregious eyesores and nuisances. · Permits a homeowner to change a tire, or perform an oil change or other minor repair on their own vehicle in their driveway (i.e., not inside a structure). Memo to COW for the July 12, 2004 meeting Page 3 · Prohibits the painting of vehicles unless cbnducted inside an approved spray booth. Code enforcement receives many complaints about "illegal car repair business" being operated at single-family residences. The junk vehicle ordinance doesn't always apply to these situations and these regulations may help code enforcement to address these complaints. c. 'Section 303 Swimming Pools, Stoas and Hot Tubs The language in the new code conflicts somewhat with Tukwila's Swimming Pool Regulations in Chapter 16.25. Current Code (TMC 16.25) New Code Applies to man-made hard-surfaced Applies to ail private swimming pools, hot swimming pools tubs and spas containing water more than 24 inches in depth. Requires 5-foot (60-inch) fence complete Requires 48-inch fence completely surrounding pool. A swimming pool surrounding pool, hot tub or spa. located in a yard that is enclosed by a fence meets the requirements of TMC 16.25 as long as the gates and doors meet the requirements. Gate latches must be a minimum of 54- Requires self-closing and self-latching gate inches above ground OR made inaccessible or door. Latch must be located on inside if to small children from the outside, less than 54 inches from the ground. No requirements for cleanliness or good Requires that swimming pools be maintained in a clean, sanitary condition repair and in good repair. · Public and semi-public pools are regulated by King County Public Health swimming pool regulations (MKCC 8.56), which specifically exempts private pools. "Public pool" is defined as open to the general public with or without payment of an admission. "Semi-public" means any pool used by numbers of persons or multiple family groups, such as hotels, motels, apartments, etc. A copy of the KCPH swimming pool regulations is attached for your review as Attachment C. Tukwila's regulations are more stringent in some respects, requiring a taller fence, but do not specifically address above-ground pools, hot tubs or spas. The TMC is silent on the condition of the pool itself or the water it contains. The IPMC regulations appear to be adequate to ensure safety and the requirement to maintain these pools in a clean and sanitary condition is appropriate. Memo to COW for the July 12, 2004 meeting Page 4 d. Section 304 Exterior Structure · The new code (in 304.2 Protective treatmenO requires that all exterior surfaces be protected from the elements by painting or other protective covering or treatment. · The current code (in Section 1001.8 Faulty Weather Protection.) says that "buildings are considered substandard when they have faulty weather protection, which include(s)...lack of paint..." among other items. There is virtually no difference between these two codes on the requirement for exterior paint. d. Section 304.13.20penable Windows Requires ail non-fixed windows to be easily openable and capable of being held in place by the window hardware. This directly relates to fire and building code requirements for fire safety, exiting/egress and ventilation. e. Section 304.14 Insect Screens · The new code requires all doors, windows and other outside openings which are required for ventilation of habitable rooms, food preparation areas, etc. be fitted with screens. · This regulation applies to all buildings, but seems to be primarily aimed at restaurants or food preparation facilities. Restaurants and commercial food preparation facilities are additionally regulated by King County Public Health. · It is not likely that code enforcement would receive a complaint about lack of window screens on a private residence. It is possible, however, that a complaint would be received about lack of window screens in an apartment unit or rental house. · The West Nile Vires threat is a concem in this area and window and door screens are an important defense against mosquitos. · The current code does not require window or door screens. f. Section 304.18.1 Doors · The new code requires deadbolt locks on doors that provide access to dwelling units that are rented, leased or let. · The current code does not address this. g. Section 307 Rubbish and Garbage · The new code addresses garbage accumulation, storage facility requirements, disposal requirements, and container specifications as well as discarded refrigeration equipment. · The current code addresses these issues in the Nuisance Chapter (TMC 8.28) and in TMC 6 Health and Sanitation (TMC 6.12). Memo to COW for the July 12, 2004 meeting Page 5 h. Chapter 4 Light, Ventilation and Occupancy Limitations. · The new code focuses on the minimum standards for occupying a structure. · The new code places the responsibility for the conditions of the property on the property owner. · These new requirements are based on requirements of the new building codes (IBC/IRC) as they relate to light and ventilation. · The new code specifies occupancy limitations which include requirements for privacy, minimum ceiling heights, room dimensions and addresses overcrowding. · The current code specifies ceiling heights, floor areas, and minimum "habitable room" sizes which are very similar, but not identical, to the new code and relate to the code requirements of the 1997 Uniform Building Code. · Section 404.5 (page 14 of the new code) specifically states that "dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5." There was considerable discussion during the previous COW meeting about "required dining rooms". There are no requirements for either living rooms or dining rooms for a dwelling unit with 1 or 2 occupants. The requirements for living room or dining room for more than 2 occupants is set in the Table 404.5 on page 14 of the new code. There is a provision for "combined living/dining room spaces" if there is no separate dining room. For 3-5 occupants, the requirement is either 120 square feet for living room (10x12) and 80 square feet for a separate dining room (Sx10) OR 200 square feet (10x20) as "combined" space. Six or more occupants require 150 square feet (10x15) for living and 100 (10xl0) for dining OR a combined space of 250 square feet (25x10). · Section 404.6 outlines the requirements for "efficiency units" for up to three occupants. These "studio" apartments usually consist of one room with areas set aside for cooking, living/dining/sleeping and a separate bathroom. These are permitted and the size is specified. · All the requirements governing "overcrowding" and minimum housing sizes are easily calculated and will make the process of determining whether or not there is a code violation easier on staff. Staff has included atable outlining the occupancy standards for the 2003 IPMC. Two "real life" examples are also included showing calculations of how these standards would apply to these houses in Tukwila. See Attachment D. A question was raised at the CAP meeting regarding occupancy standards established by HUD Section 8 and other regulatory agencies. I spoke with Caroline Robinson of the King County Housing Authority. She is not aware of specific square footage requirements for bedrooms. Rather, Section 8 uses the standard of 2 occupants per bedroom, although they occasionally use "2 per bedroom plus one" in order to qualify certain units. This comes into play usually with placing larger families in larger units so that a 4 bedroom unit would most likely qualify for a family of 9. I have been unable to find documentation that actually states the "plus one" standard, although I did find reference to "2 persons per bedroom" in a "Fair Housing Occupancy Memo to COW for the July 12, 2004 meeting Page 6 Standards" document published on the Washingt6n State Human Rights Commission website. It is attached as Attachment E. i. Chapter 5 (Plumbing Facilities & Fixture Requirements) and Chapter 6 (Mechanical & Electrical Requirements) The new code outlines the minimum requirements for plumbing systems, mechanical systems, and electrical facilities for both residential and non- residential uses with references to the new Plumbing Code and Mechanical Code. · King County Public Health issues plumbing permits and conducts plumbing inspections for the City of Tukwila. · Washington State Labor & Industries issues electrical permits and conducts electrical inspections. · The City works closely with both these agencies to ensure that all the proper permits are obtained when required. j. Chapter 7 (Fire Safety Requirements) · Sets the minimum requirements and standards for fire safety relating to structures and exterior premises. References are made to the new Fire Code. · It places the responsibility for provision and maintenance of these systems on the property owner. This is particularly helpful when dealing with rental units. Summary · The IPMC is designed to work hand-in-hand with the newly adopted Building Codes. · Other nearby cities which have or are about to adopt the IPMC are, SeaTac, Burien, Des Moines, Federal Way, and Covington. Tukwila would not be out of step with their neighboring cities. · The actual differences between the currently used Uniform Housing Code and the new 2003 International Property Maintenance Code are relatively minor. The intent of each is to provide minimum standards for ensuring the safety of existing buildings. · An additional provision in the proposed ordinance gives the city the option to be reimbursed for abatement costs by attaching a lien against the property taxes. This is similar to the provision in the recently adopted Junk Vehicle ordinance and will make it easier for the city to more promptly be reimbursed for any costs should we need to abate the nuisance. This process requires several hearings and other legal processes and is only used in the most serious cases. · It is staff's recommendation that the City adopt the IPMC, deleting most of our current nuisance ordinances contained in TMC 8.28 and deleting references to the UHC in TMC 16.06. Memo to COW for the July 12, 2004 meeting Page 7 Next Step The Council of the Whole can forward this item to the next regular council meeting for either a Public Hearing or a simple discussion and decision. Attachments: A: City of SeaTac Ordinance #03-1023 B: Tukwila Municipal Code/IMPC Comparison C: Metro King County Code on Public and Semi-Public Swimming Pools D: IMPC Occupancy Standards E: Fair Housing Occupancy Standards, Washington State Human Rights Commission F: Proposed Ordinance adopting 2003 International Property Maintenance Code Memo to COW for the July 12, 2004 meeting Page 8 ORDINANCE NO. 03'- 1023 AN ORDINANCE of the City Council of the City of SeaTac repealing Chapter 13.40, the Uniform Code for the Abatement of Dangerous Buildings, and Chapter 13.45, the Uniform Housing Code, and adding a new Chapter to the Municipal Code to adopt and amend the International Property Maintenance Code. WHEREAS, the City Council has adopted, by Ordinance 92-1033, the Uniform Code for the Abatement of Dangerous Buildings and the Uniform Housing Code in order to create minimum standards for housing and property maintenance; and, WHEREAS, these codes have not been published or updated since 1997 but have been replaced by the International Property Maintenance Code, as published by the International Code Council; and, WHEREAS, the International Property Maintenance Code merges the provisions of the prior Uniform Codes related to dangerous buildings and housing in order to provide greater uniformity and eliminate conflicts: and, WHEREAS, the International Property Maintenance Code contains minimum provisions related to vacant buildings and land; and, WHEREAS, the City Council finds that vacant and abandoned buildings and land can reduce the value of neighboring property and can invite criminal activity; and, WHEREAS, it is the City Council's desire to regulate vacant buildings beyond the provisions of the International Property Maintenance Code to provide standards for appearance and safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEATAC, WASHINGTON DO ORDAIN as follows: Section 1. Chapter 13.40 of the SeaTa~ Municipal Code is hereby repealed. Section 2. Chapter 13.45 of the SeaTac Municipal Code is hereby repealed. Section 3. There is hereby added a new Chapter 13.43 to Title 13 of the SeaTac Municipal Code to read as follows: Chapter 13.43 PROPERTY MAINTENANCE CODE Sections: 13.43.010 International Property Maintenance Code 13.43.020 Copy on file 13.43.010 International Property Maintenance Code The 2003 Edition of the International Property Maintenance Code, as published by the International Code Council is adopted with the following exceptions: A. References to the board of appeals in section 111 shall be deemed to refer to the hearing examiner system of Chapter 1.20 of the SeaTac Municipal Code. Attachment A B. Subsection 301.3 Vacant buildings and land, is repealed in its entirety and replaced by the following: 313 Vacant Buildings. All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, secure and sanitary condition provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety or quality of life. 313.1 Appearance. All vacant buildings must appear to be occupied, or appear able to be occupied With little or no repairs. 313.2 Security. All va5ant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. 313.2.1 Architectural (Cosmetic) Structural panels. Architectural structural panels may be used to secure windows, doom and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass. Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of 30 days. 313.2.2 Security fences. Temporary construction fencing shall not be used as a method to secure a building from entry. Exception. Temporary construction fencing may be used for a maximum period of 30 days. 313.3 Weather protection. The exterior roofing and siding shall be maintained as required in Section 304. 313.4 Fire Safety. 313.4.1 Fire protection systems. All fire suppression and alarms systems shall be maintained in a working condition and inspected as required by the Fire Department. 313.4.2 Flammable liquids. No vacant building or premises or portion thereof shall be used for the storage of flammable liquids or other materials that constitute a safety or fire hazard. 313.4.3 Combustible materials. All debris, combustible materials, litter and garbage shall be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building and premises shall be maintained free from such items. 313.4.3 Fire Inspections. Periodic fire department inspections may be required at intervals set forth by the fire chief or his designee. 313.5 Plumbing fixtures. Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. 313.5.1 Freeze protection. The building's water systems shall be protected from freezing. 313.6 Electrical. Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. 313.7 Heating. Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes. 313.8 Interior floors. If a hole in a floor presents a hazard, the hole shall be covered and secured with three-quarter (3/4) inch plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six (6) inches. 313.9 Termination of utilities. The code official may, by written notice to the owner and to the appropriate water, electricity or gas utility, request that water, electricity, or gas service to a vacant building be terminated or disconnected. 313.9.1 Restoration of Service. If water, electricity or gas service has been terminated or disconnected pursuant to Section 313.9, no one except the utility may take any action to restore the service, including an owner or other private party requesting restoration of service until written notification is given by the code official that service may be restored. 313.10 Notice to person responsible. Whenever the code official has reason to believe that a building is vacant, the code official may inspect the building and premises. If the code official determines that a vacant building violates any provision of this section, the code official shall notify in writing, the owner of the building, or real property upon which the building is located, or other person responsible, of the violations and required corrections and shall be given a timeframe to comply. 313.10.1 Alternate requirements. The requirements and time frames of this section may be modified under an approved Plan of Action. Within 30 days of notification that a building or real property upon which the building is located, is in violation of this Section, an owner may submit a written Plan of Action for the building official to review and approve if found acceptable. A Plan of Action may allow: 1) extended use of non-architectural panels 2) extended use of temporary security fencing 3) extended time before the demolition of a building is required 4) for substandard conditions to exist for a specific period of time, provided the building is secured in an approved manner. When considering a Plan of Action, the building official shall take into consideration the magnitude of the violation and the impact to the neighborhood. 313.11 Enforcement. Violations of this section shall be enforced according to the provisions and procedures of Chapter 1.15 of the SeaTac Municipal Code and subject to the monetary penalties contained therein. 313.11.1 Abatement. A building or structure accessory thereto that remains vacant and open to entry after the required compliance date is found and declared to be a public nuisance. The code official is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abatement shall be collected from the owner in the manner provided by law. 313.11.2 Unsafe buildings and equipment. Any vacant building, or equipment therein, declared unsafe is subject to the provisions of Section 108 and the demolition provisions of Section 110. 13.43.020 Copy on file At least (1) one copy of the adopted edition of the International Property Maintenance Code shall be on file in the office of the City Clerk. Section 4. This Ordinance shall be in full force and effect thirty (30) days after passage. ADOPTED this 22nd day of July, 2003, and signed in authentication thereof on this 22nd day of July, 2003. CITY OF SEATAC Joe Brennan, Mayor ATTEST: Judith L. Cary, City Clerk Approved as to Form: Robert L. McAdams, City Attorney [Effective Date_] Ordinance Adopting The International Property Maintenance Code. Name of Document Tukwila Municipal Code /International Property Maintenance Code Comparison TMC Current Code IPMC New Code Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code Abatement of Dangerous Buildings (UCADB); TMC Nuisance regulations (Chapter 8.28) UHC Section "The purpose of this code is to provide 101.3 Intent "This code shall be construed to secure its 102 Purpose minimum standards to safeguard life or limb, expressed intent, which is to ensure public health, property, and public welfare by health, safety and welfare insofar as they are regulating and controlling the use and affected by the continued occupancy and occupancy, location, and maintenance of all maintenance of structures and premises. residential buildings and structures within this Existing structures and premises that do not jurisdiction." comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the International Existing Building Code." Section 103 "The provisions of this code shall apply to all 101.2 Scope "The provision of this code shall apply to all Scope buildings or portions thereof used, or designed existing residential and nonresidential structures or intended to be used, for human and all existing premises and constitute habitation..." minimum requirements and standards for premises, structures, equipment and facilities..." CD International Property Maintenance Code vs Tukwila Municipal Code Page 1 of 6 Revision date 06/22/04 TMC Current Code IPMC New Code Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code Abatement of Dangerous Buildings (UCADB); TMC Nuisance regulations (Chapter 8.28) 8,28 1 Nuisances 1 8.28.030 Places not protected from flies or rats foul or 308 Extermination malodorous places 308.1 Infestation (Privies, vaults, cesspools, sumps, pits or like places not securely protected...) Privies, vaults, cesspools, etc. not specifically covered. 8.28.040 Trash Covered Premises 307 Rubbish and Garbage (...litter covered premises...including 307.1 Accumulation of rubbish or garbage buildings and structures...) 307.2 Disposal of rubbish 307.2.1 Rubbish storage facilities 307.3 Disposal of garbage 307.3.1 Garbage facilities 307.3.2 Containers 8.28.050 Animal Manure N/A Not specifically covered in. IPMC. Garbage is defined basically as "food waste Rubbish is most everything else (combustible and non combustible waste materials, except garbage...). Neither of these definitions seem to cover animal manure. 8.28.060 Certain Growth 302.4 Weeds (Poison oak, poison ivy, deadly nightshade or {...shall be maintained free from weeds or plant any noxious or toxic weed or uncultivated growth in excess of 24 inches...) plant...weeds, tall grass...higher than two feet...) International Property Maintenance Code vs Tukwila Municipal Code Page 2 of 6 Revision date 06/22/04 TMC Current Code IPMC New Code Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code Abatement of Dangerous Buildings (UCADB); TMC Nuisance regulations (Chapter 8.28) 8.28.070 Uncovered Trash or Abandoned Material 307 Rubbish and Garbage (...trash or abandoned material, unless ...kept 307.1 Accumulation of rubbish or garbage in covered bins or metal receptacles...) 307.2 Disposal of rubbish 307.2.1 Rubbish storage facilities 307.3 Disposal of garbage 307.3.1 Garbage facilities 307.3.2 Containers 8.28.080 Potential Pest Harborage or Fire Danger 302.5 Rodent harborage (Trash, litter, rags accumulations of empty barrels, boxes, crates, packing cases, Fire hazard not specifically covered. mattresses, bedding....) 8.28.090 Dangerous, Abandoned Buildings or Structures 108.1.1 Unsafe Structures (...old, abandoned or partially destroyed 108.1.3 Structure unfit for human occupancy building...or building left unfinished) 301.3 Vacant structures and land NOTE: City of SeaTac does not permit abandoned buildings to be boarded up or to appear unoccupied. When they adopted the 1PMC last July they deleted section 301.3 regarding abandoned building and substituted their own language. International Property Maintenance Code vs Tukwila Municipal Code Page 3 of 6 Revision date 06/22/04 TMC Current Code IPMC New Code Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code Abatement of Dangerous Buildings (UCADB); TMC Nuisance regulations (Chapter 8.28) 8.24 Junk Vehicles and Improper Storage of 302.8 Motor Vehicles Vehicles (...no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises... Exemption for repair work done inside a building) 8.28.110 Waste Vegetable or Animal Matter 307 Rubbish and Garbage (Any putrid...bones, meat, hides, 307.1 Accumulation of rubbish or garbage skins...butcher's trimmings...or any waste 307.3 Disposal of garbage vegetable or animal matter...) 307.3.1 Garbage facilities 307.3.2 Containers 8.28.120 Places which occasions annoyances 302.6 Exhaust vents (...use of any building...for the exercise of any 403.4 Process Ventilation trade, employment or manufacture which by...noxious exhalations, offensive odors or other annoyances...) 8.28.130 Burning or disposing material in an annoying 403.4 Process Ventilation manner (Burning...of refuse...to cause...ashes...or Does not cover exterior burning specifically smoke...to become annoying...) (i.e. trash barrels or burn piles.) These may be covered under Fire Code regulations. 8.28.140 1 Disorderly houses N/A I No change. Police Department function. 8.28.150 J Places where Disturbance of the Peace Occurs N/A I No change. Police Department function. 8.28.160 1 Place where liquor used illegally i N/A 1 No change. Police Department function. International Property Maintenance Code vs Tukwila Municipal Code Page 4 of 6 Revision date 06/22/04 TMC Current Code IPMC New Code Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code Abatement of Dangerous Buildings (UCADB); TMC Nuisance regulations (Chapter 8.28) 8.28.170 Unguarded Hole Dangerous to Life Not covered. TMC Citation will be maintained. (Any unguarded or abandoned excavation, pit, well or hole...) 8.28.180 Landscape Maintenance 302.4 Weeds (...to fail to maintain landscaping...in commercial, manufacturing or industrial or IPMC not specific to commercial areas. multiple dwelling residential areas...) 8.28.190 Buildings to be secured 108.2 Closing of vacant structures (...any unoccupied building...) 301.3 Vacant structures and land 8.28.200 Growth or Debris which obstruct public way 302.3 Sidewalks and Driveways (...trees, plants, shrubs or vegetation which so overhang any sidewalk or street...) 8.28.210 Violation Penalty Enforcement procedures will be consistent with 8.28.220 Failure to Comply with TMC 8.28.210 TMC 8.45 (Enforcement). Additional 8.28.230 Enforcement of TMC 8.28.210 through provisions for liens against property taxes, as 8.28.240 8.28.250 with the new Junk Vehicle Ordinance recently 8.28.250 Notice adopted. Nuisance Abatement Cost to TMC 8.28.210 8.28.260 Abandoning or Discarding Refrigeration 307.2.2 Refrigerators Equipment (...accessible to children... any refrigerator...which has not had the door removed....) International Property Maintenance Code vs Tukwila Municipal Code Page 5 of 6 Revision date 06/22/04 TMC Current Code IPMC New Code Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code Abatement of Dangerous Buildings (UCADB); TMC Nuisance regulations (Chapter 8.28) 8.28.270 Permitting Unused Equipment to Remain on 307.2.2 Refrigerators Premises (...owner... who permits such unused refrigerator...to remain on premises without having the door removed...) 8.28.280 Keeping or Storing Equipment for Sale Not specifically addressed. (...person who keeps or stores refrigerators...for purpose of selling shall not be guilty...if he takes reasonable precautions to secure the door) International Property Maintenance Code vs Tukwila Municipal Code Page 6 of 6 Revision date 06/22/04 FROZEN DAIRY FOOD PRODUCTS 8.52.09C 8,52,090 Enforcement, The director of the Seattle-King County Department of Public Health is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder ~)ursuant to the enforcement and oenalty provisions of Title 23. (Ord. 2910 § 2(part), 1976: Res. 31103 (part), 1965). 8.52,100 Dairy food plants. All frozen dairy foods plants from which mix or dairy foods are supplied to the county, which are hereafter constructed., reconstructed, or extensively altered, shall conform in this construction to the requirements of this chapter. Properly prepared plans for all frozen dairy foods plants which are hereafter constructed, reconstructed, or extensively altered shall be submitted to the health officer for approval before work is begun, and signed approval shall be obtained from the health officer. (Res. 31103§ 12, 1965). Chapter 8.56 PUBLIC AND SEMIPUBLIC SWIMMING POOLS Sections: 8.56.010 Definitions. 8.56.030 Enfomement. 8.56.040 Retmactivity. 8.56.050 Permit to operate required - Application - Issuance. 8.56.060 Plans and specifications for construction, alteration or renovation. 8.56.070 Maintenance required. 8.56.080 Operation, maintenance and use responsibility. 8.56.090 Water quality. 8.56.100 Disinfection. 8.56.110 Recirculation and filtration. 8.56.120 Waste. 8.56.130 Cross-connections. 8.56.140 Operating records. 8.56.150 Alternate materials, equipment or precedures. 8.56.160 Severability. 8.56.010 Definitions. Certain words and phrases used in this chapter, unless otherwise deafly indicated by their context, mean as follows: A. "Approved" means approved in wdting by the director of Public Health. B. "Director of Public Health" means the director of the Seattle-King County Department of Public Health or his authorized representative. C. "Swimming pool" means any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or recraational bathing and having a depth of two feet or more at any point, and including all facilities incident thereto. D. "Public swimming pool" means any swimming pool, together with buildings and appurtenances in connection therewith which is available to the general ~ public with or without payment of an admission charge for the use of Attachment C (King County 6-95) 8--66 8.56:010 - 8,56.040 HEALTH AND SANITATION same; and includes any swimming pool which is fifteen hundred square feet or more in surface area, whether or not available to the general public; or any swimming pool not otherwise defined in this section. E. "Semipublic swimming pool" means any swimming pool provided for and used by numbers of persons or multiple-family or cooperative groups such as, but not limited to, hotels, motels, trailer parks, apartments, subdivisions, community clubs, pdvate clubs, institutions, or schools, the use of which is limited to such groups and their invited guests, and where the same is less than fifteen hundred square feet in surface area. F.- '~Nading pool" means any artificial pool of water intended and constructed for wading purposes which is not over two feet in depth at any point. G. "Spray pool" means any pool or artificially constructed depression intended for use by children, into which water is sprayed but is not allowed to pond in the bottom of the pool. H. "Private pool" means swimming pool, wading pool or spray pool maintained by an individual, the use of which is confined to members of his family or invited guests. Private pools shall not be subject to the provisions of this chapter. I. "Person" means any individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity. J. "Permit holder" means the person to whom the permit is issued or his authorized agent. (Ord. 451 § 1, 1970). 8.56.030 Enforcement. The director of Public Health shall enfome this chapter, and for such purpose may establish rules and regulations consistent with this chapter and relating to such standards of construction, disinfection, recimulation, filtration, water quality, and waste disposal as ara reasonably necessary to ensure safe and sanitary operation of public or semipublic swimming pools. The director of Public Health is authorized to enfome the provisions of this chapter and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions contained in Chapter 23.04. (Ord. 2910 § 9, 1976). 8.56.040 Retroactivity. The previsions of this chapter apply equally to new and existing public or semipublic swimming pools, wading pools, and spray pools; provided, that it shall not make unlawful any existing pool heretofore lawfully designed, constructed and equipped which is maintained and operated in compliance with this chapter. (Ord. 451 § 4, 1970). (King County 6-95) 847 PUBLIC AND SEMIPUBLIC SWIMMING POOLS 8.56.050 - 8.56.060 8,56,050 Permit to operate required - Application - Issuance. it is unlawful for any person to open for use, or allow or cause to be used any public or semipublic swimming pool for swimming or bathing purposes without having a currem, valid permit to operate issued by the director of Public Health. Application for such permit accompanied by an annual fee of seventy-five dollars shall be made in wdting to the director of Public Health on a form to be provided by him; provided, that the fee for any initial permit to operate shall be prorated on the basis of one-twelfth the annual fee for each remaining month in the year; and provided that in any subsequent calendar year that a permit is required by the terms of the ordinance codified herein, and the public or semipublic swimming pool is operated for less than six months of the calendar year, the permit fee shall be thirty-seven dollars and fifty cents. The director of Public Health shall inspect the proposed public or semipublic swimming pool and, upon determination that such swimming pool complies with applicable rules and regulations and the pmvis~ons of the ordinance codified herein, shall issue a permit to operate to such applicant. Permits to operate shall expire on December 31st of the year for which issued and shall be renewable upon like application and payment of the annual fee. Permits shall be valid only as to the swimming pcol for which issued, but upon application may be transferred without charge [rom pemon to person. Permits shall be posted conspicuously on the premises for which issued and shall be protected from the weather. (Ord. 1057 § 1, 1971: Ord. 451 § 5(A), 1970). 8.66,060 Plans and specifications for construction, alteration or renovation. A. No person shall construct, alter or renovate, or commence construction, alteration, or renovation of any public or semipublic swimming pool, wading pool, spray pool, or appurtenances thereto, without first having obtained the approval of the director of Public Health of plans and specifications for any such construction, alteration or renovation. Such plans and specifications shall be submitted to the director of Public Health in duplicate and in the case of new pools shall be prepared by an amhitect or professional engineer qualified in the proposed work and licensed to practice such profession under the laws of the state of Washington. Such plans shall be accompanied by a plan review fee based on the following schedule: New pool $75.00 Renovation (including extensive changes in equipment, piping or pool structure costing in excess of $1500.00 50.00 Alteration (including change of filtration equipment, pumps, or other mechanical equipment) 10.00 Plans shall be drawn to scale and accompanied by specifications containing details on all recirculation and chemical equipment, including pumps, disinfection equipment, chemical feeders, filters, meters, strainers, overflow channels and/or skimming facilities and related equipment so as to enable a comprehensive engineering review of such plans and specifications including piping and hydraulic details. If upon examination of such plans and specifications, the director of Public Health finds that the proposed construction, alteration or renovation will comply with the previsions of this chapter and applicable rules and regulations established in accordance herewith, he shall approve the same; provided, that such apprevai may be conditioned upon the making of such modifications in such plans and specifications as the public health or safety may require. B. The construction, alteration or renovation of any public or semipublic swimming pool, wading pool, spray pool, or appurtenances thereto shall be made in accordance with approved plans and specifications therefor; provided, that changes or modifications in such plans and specifications consistent with the public health and safety may be made with the wdtten approval of the director of Public Health. Upon completion of any such construction, alteration, or modification, the owner or operator of such pool, or the agent of either, shall notify the director of Public Health of its readiness for inspection. No such pool shall be opened for use or allowed or caused to be used until inspected by the director of Public Health and found to be in compliance with the previsions of this chapter and applicable rules and regulations established in accordance herewith. (Ord. 451 § 6, 1970). 8--68 8.56.070 - 8.56:110 HEALTH AND SANITATION 8.56.070 Maintenance required. All public or semipublic swimming pools, spray pools, wading pools, and all components thereof and appurtenances thereto and premises thereof shall be maintained in a clean and sanitary condition at all times such pool is open to bathers. (Ord. 451 § 7(A), 1970). 8.56.080 Operation, maintenance and use responsibility. The permit holder shall be responsible for the maintenance, operation and use of the public or semipublic swimming pool for which such permit is issued, and shall provide one or more operators or attendants at such times as shall be necessary for the maintenance and operation of such swimming pool in compliance with the provisions of this chapter and applicable rules and regulations established in accordance herewith. All such operators and attendants shall be familiar with the equipment and appurtenances of such swimming pool and the principles of pool operation. (Ord. 451 § 7(B), 1970). 8.56.090 Water quality. The water in all public or semipublic swimming, wading and spray pools shall at all times meet such standards of chemical, physical and bacteriological quality as the director of Public Health shall establish to ensure that persons using such pools shall not be exposed to toxic or irritating chemical conditions or disease producing organisms. (Ord. 451 § 8, 1970). 8.56.100 Disinfection. A disinfecting process or procedure having a minimum free chlodne residual of 0.4 ppm or such other process or precodure approved by the director of Public Health for the purpose of ensuring adequate and continuous disinfection of water throughout the pool dudng the pedod such pool is in use shall be used in all public or semipublic swimming and wading pools. (Ord. 451 § 9, 1970). 8.56.110 Recirculation and filtration. Recimulafion and filtration equipment adequate to recirculate and filter the entire volume of water at least once every six hours shall be provided for every public swimming pool, and at least once every twelve hours for every semipublic swimming pool, or wading pool, or more often in any such pool subject to excessive contamination, and such equipment shall be in operation at all times such pool is open for use; provided, that such recireulafion and filtration equipment need not be provided for a flow-through pool in which the supply of water meets the water quality requirements of Section 8.56.090, the disinfection requirements of Section 8.56.100, and is sufficient to provide a complete change of water within the pedod required by this section, and the introduction of such water supply into the pool is accomplished by the same type of inlet design required for reoircolation pools. (Ord. 451 § 10, 1970). 8-69 PUBLIC AND SEMIPUBLIC SWIMMING POOLS 8.56,120 - 8.60.010 8.56.'120 Waste. All water from backwash fi]tar residues, and other waste in any public or semipublic swimming pool, wading pool or spray pool shall be disposed of in a safe and sanitary manner approved by the director of Public Health. (Ord. 451 § 11, 1970). 8.56.130 Cross-connections. No piping arrangement shall be installed or used in any public or semipublic swimming pool, wading pool, or spray pool, which under any condition will permit sewage or waste water to enter the recirculation system or the pool, or which will permit water from the recimulation system or the pool to enter the potable water supply or make-up water supply. (Ord. 451 § 12, 1970). 8.56.140 Operating records. At all public or semipublic swimming pools and wading pools, complete daily records shall be kept of the times each altar is backwashed or cleaned, and of the results of all tests made as to water quality and disinfectant residual. Such records shall be made available at any reasonable time for examination by the director of Public Health. (Ord. 451 § 13, 1970). 8.56.150 Alternate materials, equipment or procedures. For the purpose of evaluating equipment, materials, or procedures, or to meet any temporary emergency condition, the director of Public Health may, consistent with the public health and safety, permit the use of materials, equipment and procedures not specifically prescribed by this chapter or rules and regulations established in accordance herewith. (Ord. 451 § 14, 1970). 8.56.160 Severability. The several provisions of this chapter are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter or the validity of its application to other persons and circumstances. (Ord. 451 § 16, 1970). Chapter 8.60 CONSUMER PROTECTION FOR PURCHASERS OF REAL PROPERTY~ Sections: 8.60.010 Vendor - disclosure form required. 8.60.020 Vendor- disclosure form - contents. 8.60.030 Vendor - disclosure and alternative waiver forms - filing. 8.60.040 Enforcement. 8.60.0'10 Vendor - disclosure form required. Before the prospective purchaser of any parcel of real property that is to be used for residential or business purposes, except that property being transferred by court order, and that is not served by an approved public or an approved pdvate sewer system, has entered into a binding agreement to purchase, the prospective vendor shall disclose in a wdting, in the form (called the disclosure form) prescribed in this chapter, whether, before execution of the disclosure form, the parcel has been found to be suitable for installation of an on-site sewage system in accordance with the design and construction standards contained in the King County board of health code title 13. In the altemative, the prospective purchaser in writing on the disclosure form may waive the vendor's disclosure either unconditionally or upon the condition that the sale will not be closed unless the parcel is found to be suitable for installation of an on-site sewage system in accordance with the design and construction standards contained in the King County board of health code title 13. ~For water and sewer, see K.C.C. Title '13. (King County 12-2002) 8--70 2003 International Property Maintenance Code Occupancy Standards Room Description 1 Occupant 2 Occupants 3-5 Occupants 6 or more Occupants Bedroom 70 s.f. 50 s.f. each 50 s.f. ea. 50 s.f. each (7 x 10) (10xl0) Living Room No requirements No requirements 120 s.f. 150 s.f (10xl2) (10x15) Dining Room No requirements No requirements 80 s.f. 100 s.f (Sxl0) (10xl0). Kitchen · No size reqmt. No size reqmt. No size reqmt. No size reqmt. Cannot be used Cannot be used Cannot be used for Cannot be used for for sleeping for sleeping sleeping sleeping Bathroom 1 on the same or 1 on the same or 1 on the same or 1 on the same or adjacent floor as adjacent floor as adjacent floor as adjacent floor as bedroom bedroom bedroom bedroom The square footage of kitchens, bathrooms, closets, halls and storage or utility rooms cannot be calculated as sleeping space. Real Life example #1 (house under construction in Allentown): Total square footage is 1699. Room Description Size in sq. feet Occupant Load Master Bedroom 202.5 4 maximum Bonus Room w/closet 61.25 0 Bedroom #2 140. 2 Bedroom #3 140 2 Living Room/Dining Room Combo 337 0 Based on the above, this home could accommodate 8 occupants under the IPMC. Real Life example g2 (Pam Linder's house, used with permission): Para offered her house for a medium sized residence of approximately 2800 s.f. total. Room Description I Size in sq. feet Occupant Load Master Bedroom 195 3 Bedroom #2 80 1 Bedroom #3 132 2 Bedroom g4 100 2 Basement (currently unfinished but of 239 4 sufficient headroom) Based on the above, Pam's house could accommodate 12 people. Attachment D Washington State Human Rights Commission Page 1 of 3 Fair Housing Occupancy Standards ~esource Contacts History Am rican Chron I '- GUZDANCE HEFIORANDUFI · rem Cou C s ~ SUBJECT: Occupancy Standards and Surcharges in Housing Discrimination Protection from discrimination against families with children On February 20, 1998, the Commission issued this Guidance Flemorandum with the intention of ensuring equitable application of the Washington State Law Against Discrimination in the area of protection against discrimination toward families with children. With passage of amendments to RCW 4-9.60 in 1993, landlords can no longer have a blanket prohibition to renting to families with children. The era of "adults only" housing is over. The Washington State Legislature provided an exemption for apartments or communities that qualify as "housing for older persons" in :[997. However, the great majority of housing opportunities remain open for families with children. Since 1993 families have found that other landlord policies have in effect barred them from renting certain apartments or houses. Those policies are frequently called occupancy standards (limiting the number of people who can occupy a unit) and surcharges (fee in addiUon to an amount of rent based on the number of people who occupy a unit). Currently, landlords can set reasonable occupancy standards that are based on business needs. If a complaint is filed, the Commission will look at many factors to determine if the occupancy standard violates RCW 4-9.60. The following is a list of some of the factors the Commission may consider. This list is not exhaustive, nor would an investigator necessarily consider each of these factors in every case. Rather, investigators review the specific circumstances of each complaint and the specific housing in question. 1. Is the occupancy standard or surcharge applied to the number of people occupying a unit or is it applied to the number of children occupying a unit? 2. Is there a history of "adults only" rules, segregation or prohibitions by the landlord? 3. Are there families with children in the apartment complex, community or other rental property under the control of the respondent? Attachment E Washington State Human Rights Commission Page 2 of 3 4. Is there evidence of rules directed at children that are not otherwise allowable due to safety concerns? 5; Is there any other information that supports or refutes the allegation that the occupancy standard or surcharge is being used in order to bar children from occupancy? 6. What business related factors has the landlord used to come to the occupancy standard or surcharge? 7. What are the local zoning or building occupancy limitations on the particular unit, house, apartment complex or community? 8. What is the size and configuration of the house or unit? 9. What is the size and configuration of the apartment complex or community? 10. Are there other structural or configuration elements which were considered? 11. Are utilities ~eparately metered to each unit and the responsibility of the tenant? :L2. Are utilities metered and paid by the landlord? 13. If so, how does the landlord recoup the cost of the utilities? 14. Does the landlord have evidence of actual increased use of utilities? 15. What is the percentage of families with children (and families with one, two, three, etc. children) in the local population (assuming that the local population comprises the pool of prospective tenants)? 16. What is the age and condition of the structure and its accompanying systems (electric, water, and sewer)? 17. Is on-street or off-street parking space a consideration? If so, how? After gathering all the relevant information, the Commission must then determine whether the occupancy standard or surcharge violates RCW 49.60. Occupancy standards that are less than 2 persons per bedroom generally will raise a question of lawfulness..The justification for the limit will need to show that it is reasonable in light of one or more of the factors noted above. Surcharges that are not related to increased costs generally will raise a question of lawfulness. The justification for the surcharge will need to show that it is reasonable in light of one or more of the factors noted above. It is the intent of the Commission to protect the civil rights of families with children and also the intent of the Commission to assist landlords to make reasonable business decisions which are not in violation of the law, Each case presents a unique set of facts and the parties need the opportunity to present Washington State Human Rights Commission Page 3 of 3 evidence that assists the Commission to administer the law. Home I Employers & Business I General Information The Commission I Outreach I Complaint Process I Publications ~'o obtain this information in an alternate format or if you have questions or comments about this site, please contact the Webmaste_r. PRIVACY NOTICE :.'..X' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING ORDINANCE NO 1593, CERTAIN SECTIONS OF ORDINANCE NO 1837 REGARDING NUISANCES, NO 1838 SECTION 5, AND NO 1845; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFLCTTVE r DATE. WHEREAS, in the interest of public health, safety and welfare, the City Council of the City of Tukwila desires to adopt by reference the 2003 edition of the International Ji.:0"4 Property Maintenance Code to regulate and govern the conditions and maintenance of all property, buildings and structures in the City; to provide the standards for supplied '21r utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; to provide for the condemnation of buildings and structures unfit for human occupancy and use; and to provide for the demolition of such existing structures in the City of Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TTIKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. International Property Maintenance Code Adopted. A. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the 2003 edition of the International Property Maintenance Code "IPMC as published by the International Code Council and as amended in subsection (B) below, to be the Property Maintenance Code of the City of Tukwila. Three copies of the adopted IPMC are on file in the office of the City Clerk of the City of Tukwila, and have been marked :r and designated as such. B. The City of Tukwila hereby adopts the following changes to the IPMC as I% =6 adopted in subsection (A) above: i? 1. IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of Tukwila. 2. IPMC Section 103.5 (Fees) is hereby repealed in its entirety. f 3. JPMC Section 111 (Means of Appeal) is hereby repealed in its entirety. Any person directly affected by a decision of the code official or a notice or order or a civil citation issued under this code or Tukwila Municipal Code Chapter 845 shall have the right to appeal to the City Hearing Examiner or the municipal court as set forth in TMC Chapter 8.45. In addition to, or in lieu of, any other state or local provisions for the recovery of costs or penalties incurred or assessed under TMC Chapter 8.45, the City Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an assessment amount equal to the costs of abatement, removal, or repair of the property s and /or any associated penalties and collections to the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be J. collected at the same time and with interest at such rates and in such manner as provided *It' I for in RCW 84.56.020. 44 1 of International Building Code 7/9/04 Attachment F 4. The first sentence of IPMC Section 302.4 (Weeds) is hereby amended to read as follows: "All premises and exterior property shall be maintained free from weeds or z plant growth in excess of 24 inches." The remainder of IPMC Section 302.4 shall remain in effect as currently adopted. 5. The first sentence of IPMC Section 304.14 (Insect screens) is hereby amended to read as follows: During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service are or any other areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 24 nun) and every swinging door shall have a self-dosing device in good working condition The remainder of IPMC Section 304.14 shall remain in effect as currently adopted. 6. The first sentence of IPMC Section 602.3 (Heat supply) is hereby amended to read as follows: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from January 1 to December 31 to maintain a temperature of not less that 68° (20 °C) in all habitable rooms, bathrooms, and toilet rooms. The remainder of IPMC Section 6023 shall remain in effect as currently adopted. 7. The first sentence of IPMC Section 602.4 (Occupiable work spaces) is hereby f amended to read as follows: Indoor occupiable work spaces shall be supplied with heat during the period from January 1 to December 31 to maintain a temperature of not less than 65 °F (18 °C) during the period the spaces are occupied. Section 2. Repealer. Ordinance Nos. 1593 and 1845, as codified at Tukwila Municipal Code Chapter 16.06 (Housing Code), are hereby repealed. Section 3. Repealer. Ordinance Na 1837, as codified at Tukwila Municipal Code' 8.28.020, 8.28.030, 828.040, 8.28.060, 8.28.070, 8.28.080, 828.090, 8.28.100, 828.110, 828.120, 828.130, 828190, 8.28200, 828.210, 828.220, 828:230, 828240, 828250, 8.28260, 828270, and 828280, and Ordinance No.1838 Section 5, are hereby repealed. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 2 of 3 International Building Code 7/9/04 Section 5 Effective Date Tlus ordinance inance or a summary thereof .hall»pub ed in the official newspaper of the City, ad shall talce effect and &a full force five days r passage and pub as pro vided by law PASSED BY THE CITY CO UNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of .2004 ATTEST/AUTHENTICATED: Steven MMullet Mayor y Jane E Cantu, c e City Clerk d with the City Clerk. APPROVED AS TO FORM BY Passed by the City Counczl rte» Effective Den. o eof t City Attorney Ordinance Num I 7/9/04 ,z, Community and Parks Committee June 29, 2004 Present: Para Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Evie Boykan. Jack Pace, Steve Lancaster, Lynn Miranda, Lucy Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works 1. Interlocal re CDBG and Home Investment Programs The City receives CDBG and HOME housing investment program funds through King County, which uses a Joint Recommendations Committee (JRC) to advise the County on allocations. The JRC duties and composition are spelled out in the interlocal the cities and county sign for the distribution of funds. Representation on the JRC is being changed to allow more suburban representation. Taking one County representative off and adding 2 members each from south and north/east suburban King County is the change being addressed. The Committee supported the amendment to the inteflocal. Recommend interlocal amendment to Council. 2. Dollar Rent-A-Car Signs Dollar Rent-A-Car is located on S. 160th/T[B at the boundary of Sea Tac and Tukwila. Sea Tac is now improving TIB at this location, and in the construction process one of Dollar's signs was damaged beyond repair. Tukwila's sign code requires nonconforming signs (which these are) to be made conforming when the sign is relocated or modified. Two options were presented: either change the boundary to give the business to Sea Tac, which would allow two signs; or pass a waiver to allow the business to have two signs placed just outside the right of way. The Sea Tac staff members were relieved they did not have to condemn the signs, which could have cost the city up to $1 m. Recommend resolution to COW and Regular Meeting. 2a. Junk Cars & Property MaintenanceThe Committee members asked Don and Tom about their code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for junk cars are strictly enforced in the front and side yards visible from the street. A citizen group had worked with city officials to define how much (what percentage) of a yard or front property could be used for parking vehicles. Another law they passed did not allow the freestanding tents (a tent roof on four 7' poles) in front yards unless it has no walls. Both said it was going very well, with no public outcry from citizens over the more strict regulations. When asked if they'd given residents a year to get used to the new codes before they were strictly Chromed, Tom said he didn't think it was that long, though he thought it could have been six months. They said they advertised their new standards for about six months in their city newsletter. Information. 3. Ordinance Renewing TOD Moratorium The Transit Oriented Development (TOD) area off of Interurban has had a moratorium since 2002, when the City decided to have an integrated plan for this area. The planning has proceeded with public input through several stages, but is not quite done yet. The Council did approve an amendment to the original moratorium ordinance, adding uses allowed there. An applicant has asked for a broadening of those uses, but the staffand Committee members agreed that was not appropriate now. The Committee chose to renew the moratorium for six months, hoping work will be done by then to be able to remove it. Recommend resolution extending moratorium to COW and Regular Meeting. 4. Charles River Contract Dan Brand of Charles River has helped the City in its negotiations with Sound Transit over parking issues. Issues have changed since his work first started, and his expertise is still needed to respond to Sound Transit's proposals. This can be done through a contract extension, adding $30,000 to the current contract. The Committee supported this proposition. Recommend contract extension to COW and Regular Meeting. $I International Property Maintenance Code The Committee had considered this Code in April, fand it went to the Council, where many questions about its implementation and effect were asked. Further consideration was recommended, and the committee again reviewed the Code and the impacts it would have on Tukwila citizens. Staffhad prepared a memo asking and answering some of the questions that had come up previously. They went over some of the thomy issues previously discussed. The new code will work with the new International Building Code as well as other new Fire, Mechanical, and Residential Codes. It covers topics not covered in the 1997 Housing Code, though some subjects that have raised concern are already in the Housing Code. It can be used to clean up rental, houses, as well as buildings that are not houses The new code could address these issues in apartments as well as in houses. CDBG funds are available for people to address some home improvements needed for health and safety. The Committee discussed the item about no. major car repairs in carports. After discussion about the need to have a place to work on cars, as well as the aesthetics and potential hazard major car repair could entail, the Committee decided that a person working on one car even for major work would probably not be cited (unless neighbors reported the car work as a problem). It is the continuous working on several cars of friends and families, often with multiple cars on the property at once, that is the target of the new Code. One of the things Sea Tac did was limit parking at single family homes as a way to address a very large number of people living in one house. Pam L had estimated that her large house could legally hold 14 people, with potentially 14 cars. It is the cars that cause the neighborhood problems. Sea Tac addressed this by limiting the number of cars a house can park. It is one way to address the issue of overcrowding in homes. Kathy will devise charts of both small and large homes and how many people can legally reside in them. Dave asked about the pool and spa provisions. He has to meet stringent King County Public Health codes, and he is meticulous about keeping his pool in compliance year round. The Ben Carol pool, on the other hand, is a public danger as the muck tums the water thick green and nothing under the surface can be seen all winter. The new code would allow this to be addressed. Dave wanted to be sure the provisions in the IPMC did not conflict with the Public Health rules. The Committee members felt that though everyone might not like all the provisions in it, the new IMPC was worth passing intact. As Steve L said, it is a matter of policy for the Council to decide how they want the City to look. Joe thought that since several cities around us had passed the Code, Tukwila should keep up with them. Recommend International Propert~ Maintenance Code to Council. ~ Committee chair approval w 9s COUNCIL AGENDA SYNOPSIS p y' Initials ITEM No. 9 :,h 1 MeetingDate I Prepared by 1 Mayor's review 1 Council review 1 mN ti e1 1 07 -12 -04 1 D. BASKIN 1 S„,,r,•,_ 1 1 5 47 1 1 1 1 1 isos I ±IW$M INFoRMkTIoN I CAS NUMBER: 04-102 'ORIGINAL AGENDA DATE: JuLY 12, 2004 AGENDA ITEM TITLE Proposed resolution indicating the City's desire to apply for Local Law Enforcement Block Grant Funds, setting a public hearing date and authorizing the Mayor to make formal application to the program. CATEGORY X Discussion El Motion X Resolution Ordinance Bid Award X Public Other Hearing Mtg Date 07-12-04 Mtg Date Mtg Date 07-12-04 Mtg Date Mtg Date Mtg Date 07-19-04 Mtg Date SPONSOR Council Mayor Adm DCD Finance Fire Legal P&R X Police PW Svcs SPONSOR'S Each year, Tukwila Police Department personnel is responsible for the application of SUMMARY funds from the Local Law Enforcement Block Grant. The proposed use of funds remains the same as last year to reduce crime and improve public safety. The application process timeline has been greatly reduced for 2004. As applications are due by July 23, 2004, time is of the essence on this issue. REVIEWED BY X COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07 RECOMMENDATIONS: Approve /sign the proposed resolution setting a public hearing date SPONSOR/ADMIN. on July 19, 2004 COMMrrTEE Same as sponsor. mow h; ounn EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED S S Fund Source: Comments: t;1 ;44 z.,--erabwefieut titICIRMOSSE::..W I 07 -12 -04 1 COW Meeting I 07 -12 -04 1 Memorandum from Lieutenant D.]. Baskin, dated July 8, 2004 1 Resolution (final format) Police Department Keith E. Haines, Chief of Police An Accredited Agency MEMORANDUM TO: Tukwila City Council M~embers/N FROM: Lieutenant D.J. DATE: July 8, 2004 SUBJECT: 2004 Local Law Enforcement Block Grant (LLEBG) As in years past, the City of Tukwila is once again eligible for a Local Law Enforcement Block Grant from the United States Department of Justice. The grant amount for FY 2004 is $10,831. The purpose of these funds is to reduce crime and improve public safety. The application period opened on June 28, 2004 and will close on Jtuly 23, 2004. As part of the grant process, the City Council must approved a resolution authorizing the Mayor to make formal application to obtain the LLEBG and we are obligated to bold a public hearing regarding the proposed use of the grant funds. The public hearing offers concerned persons the opportunity to make written and oral comments regarding their view on how the grant funds should be utilized. In addition, a grant mandated LLEBG Advisory Board would be convened the week of July 19-23, 2004. The board will make non;binding recommendations on how they believe the grant funds should be spent. Previous years funds have been used to support a contract for domestic violence advocacy. No decision has been made at this point whether to continue using grant funding for this purpose. Information from the public hearing and the LLEBG Advisory Board will be presented to the City Administration to assist in identifying the proper use of FY 2004 funds. 6200 Southcenter Blvd. · Tukwila, WA 98188 · Phone: - (206) 433-1808 · Admin. Fax: - (206) 244-6181; Invest. Fax: - (206) 431-3688 U' 4 /1‘ /908 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INDICATING THE CITY'S DESIRE TO APPLY FOR LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS, AND AUTHORIZING THE MAYOR TO MAKE FORMAL APPLICATION TO THE BLOCK GRANT PROGRAM. WHEREAS, the City of Tukwila qualifies for Local Law Enforcement Block Grant funding; and q24 WHEREAS, the City of Tukwila is required to apply for Local Law Enforcement :OS Block Grant funds each year in order to receive such funds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: y Section 1. The Mayor is authorized to make formal application to the Local Law Enforcement Block Grant Program. 4t Section 2. The City of Tukwila agrees to accept the conditions as stated in the Local Law Enforcement Block Grant Program. _;;�7t': Section 3. The City of Tukwila will make available the matching funds required by the Grant. r fir•.:' of Tukwila Police Department will facilitate an Advisory Section 4. The City o .lava Board, and set a Public Hearing on July 19, 2004, as part of the application process. 1 Section 5. A copy of this resolution will be maintained with the application for '15 review purposes. at PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2004• ATTEST /AUTHENTICATED: Jim Haggerton, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Attorney Resolution Number: Office of the Ck y City Local Law. Enforcement Block Grant funding 7/9/04.doc Tentative Schedule July 6(Tuesday) 12 19 SpecialPresentation: 26 Strategy Mapping Forecast, 4th - ClearPath -- Rob Larson Independence Proclamation: Aquatics Week Day SEE Public Hearing: a) An ordinance 5th - AGENDA renewing a 6-month moratorium on Independence PACKET acceptance of applications for certain Day observed FOR THIS land divisions & development (City offices WEEK'S activities within the area designated closed) AGENDA for Transit Oriented Development (TOD) around the temporary Sounder Commuter Rail/Amtrak station at Longacres; b) Local Law Enforcement Block Grant (LLEBG) funds to reduce crime and improve public safety. AuguSt 2 9 16 23 New Business: CMTE OF THE Use of public right-of-way WHOLE FOLLOWED BY A SPECIAL MTG 30 5TH MON. OF THE MONTH; No Council Mtg. Scheduled Sept. 7 (Tuesday) 13 20 27 Special Presentation: 6th - King County Library Labor Day System -- Capital (City offices replacement bond closed) measure- 9/14 ballot Public Hearing: Sound Transit: a) Unclassified Use Permit, Shoreline Variance, Design Review; b) Council Authorization of Transit Guideway Approval. 8 (Wednesday) Regular Meeting (cont.) Publle Hrg: Sound Transit (cont. from 9/7/04 mtg.) ~, Community Affairs } COPCAB, } Apt. Mgrs' CASTT Civil Service & Parks, 5 PM 6:30 PM Network lunch, performance ~ Commission, 5 PM NOON Foster Performing Chipper Day , Transportation, 5 PM ~ Hwy 99 Action Music in Arts Center, Committee, 7 I'M the Park, } planning Cmsn, July 16 & 17, City Council COW, ~ Librmy Advisory 6:30-8 PM, 7 I'M 7 PM, FREE Community 7 PM Board, 7 PM Cascade View admission Garage Sale Community w/canned food July 17 & 18 Park donation } Utilities, 5 PM Music in > Planning Cmsn, Finance & Safety, the Park, 6 I'M 5:05 I'M 6:30-8 I'M, City Council Regular, Cascade View 7 PM Community Park Aquatics Week July 19-25 1~ Court Jury & Readiness notations are made to alert City of Tukwila employees/citizens of potential parking difficulty only. Apartment Mgrs' Network Lunch (3rd Thurs), Noo~q, Coring own lunch), TCC, contact Robbie Buras 206-242-8084. Arts Commission (lst Tue), 5 I'M, TCC, contact Kimberly Matej 206-767-2342. (No July meeting; next meeting in August '04.) Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Dispose of primings/plant materials from the Longhoraed Beetle quarantine area. Drive your truckload of materials to the parking lot and we'll help unload, chip, and dispose of materials flea of charge. Be sure to bring 1D w/quarantine area address. City Council Committee of Whole (COW) Meeting (2nd & 4th Mon), 7 I'M, Council Chambers. City Council Regular Meeting (lst & 3rd Mort), 7 PM, Council Chambers. Civil Service Commission (2nd Mort), 5 Pm, Conf Rm #3, contact Bev Willison 206-433-1844. Community & Parks Committee (2nd & 4th Tues), 5 Pm, Conf Rm #3; 7/13 Mtg.: a) Inclusive recreation presentation; b) Proposed ordinance m: parking and storage of vehicles on private property. Community Oriented Policing Citizens Adv. Brd (COPCAB) (2nd Wed), 6:30 PM, Conf Rm #5, Marja Murray 206433-7175. Domestic Violence Task Force (3rd Th), Noon-1:30 I'M, Conf Rm #5, Erie Boykan 206-433-7180 or Keith Haines 206-433-1827. (No July or August meeting; next meeting in September 2004.) Equity & Diversity Commission (lst Th), 5:15 I'm, Showalter Middle School Library, call Lucy Lautethach 206-433-1834. (No July meeting; next meeting in August '04.) Finance & Safety Committee (lst & 3rd Mon), 5:05 PM, Conf Rm #3. Hwy 99 Action, (2nd Tue), 7 PM, TCC, contact Keith Haines 206-433-1827. Human Services Adv. Brd (2nd Fri of odd months only), 10 AM, Human Srvcs Conf Rm, call Erie Boykan 206433-7180. Human Services Providers, 11:30 AM; 3/19, 6/18, 9/17, & 12/3 (tentative), TCC, call Evie Boykan 206433-7180. Library Advisory Board, 7 I'M, Foster Library, call Bruce Fletcher 206-767-2343. Parks Commission (3rd Wed), 5:30 I'M, TCC Sr. Game Rm, contact Kimberly Matej 206-767-2342. (No July meeting; next meeting in August '04.) Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov & Dec = 2nd Th), 7 PM, Council Chambers, contact Wynetta Bivens 206-431-3670. Sister City Committee (as needed), Conf. Rm #3, contact Lucy Lautethach 206-433-1834. Transportation Committee (2nd & 4th Mon), 5 PM, 6300 Southcenter Blvd, Conf Rm #1; 7/12 Mtg.: Sonlhcenter Parkway Extension (S. 180th Street to south City limits) design coordination with La Pianta, LLC Development. ~ Tukwila Government Affairs (SWKCC) (lst Tue), Noon, Chamber Offices, contact Nancy Damon 206-575-1633. ~. Tukwila Citizen Patrol (4th Mort), 7 PM, TCC, Everett Parr 206-762-9219/Roy Steinauer 206-243-9191, Tukcp~_~hotmail.com. ~' Utilities Committee (lst & 3rd Tues), 5 PM, 6300 Southcenter Bird, Conf Rm #1.