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HomeMy WebLinkAboutReg 2004-08-16 COMPLETE AGENDA PACKET Tukwila City Council Agenda to:o REGULAR MEETING ~ ~/~ Steven M. MUllet, Mayor Councilmembers: · Pam Carter · Joe Duffle Rh°nda Berry, City Administrator · Dave Fenton · Joan Hernandez ~ Jim Haggerton, Council President · Pamela Linder · Dennis Robertson EXECUTIVE SESSION: 6:30 PM; Contract Negotiations; per RCW 42.30.110(1)(g); (30 minu'tes) Monday, August 16, 2004; 7 PM · Ord #2056 · Res #1558 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 2. APPOINTMENT Appointment to Equity & Diversity Commission: Bruce Linton, Pos. #4; term expires 7/31/06 (reappointment). 3. CITIZEN At this time, you are invited to comment on items not included on this agenda. COMMENT To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4; CONSENT a. Approval of Minutes: 8/2/04 (Regular) Meeting. AGENDA b. Approval of Vouchers. c. Authorize Mayor to sign a lease for Seattle Southside Visitor Services' new office space at 14220 Interurban Av. S. (see 8/9/04 COW packet). d. Authorize Mayor to sign an Interlocal Agreement providing tourism and marketing services between Seattle Southside Visitor Services and the City of Kent (see 8/9/04 COW packet). e. Accept as complete the Foster Golf Links Clubhouse, Pro Shop and Restaurant Project with Wade Perrow Construction, Inc.; authorize release of retainage, subject to standard claim and lien release procedures (final project cost: $3,691,788.98). f. Accept turnover of street, storm detention vault, and public utilities improvements as part of the development of Sara Development (8-Lot Short Plat) (value of transferred assets: $158,888.00). 5. UNFINISHED a. A motion accepting the recommendations as identified in the BUSINESS Community Development Block Grant Proposal for 2005, and supporting the contingency plan regarding the King County Housing Repair Program (see 8/9/04 COW packet). b. An ordinance limiting parking on single-family residential property. c. An ordinance adopting the .2003 International Property Maintenance Code. d. An ordinance setting water connection fees for any new development in the Duwamish neighborhood. 6. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206-433-1800FFDD 206-248-2933. This notice is available at ww.ci.Tukwila.wa.us, and also in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. �J,�.r•11vI, yy COUNCIL AGENDA SYNOPSIS Ot Initials ITEM NO. Pa 10l Meeting Date 1 Prated by 1 Mayor's review I Council review %N r 2 08/16/04 I so ..4.x2 I .ice 114- O I I I 1 1909 I I 1 1 1 I I 1 I ITEM INFORMATION CAS NUMBER: 04-117 1 ORIGINAL AGENDA DATE: AUGUST 16, 2004 AGENDA ITEM TITLE Reappointment to Equity and Diversity Commission CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pent El Police PW I SPONSOR'S Reappointment of Bruce Linton to position #4 on the Equity and Diversity Commission. SUMMARY His new term will expire 7/31/2006. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Confirm reappointment COMMIITEE 1 COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION j 1 1 1 MTG. DATE ATTACHMENTS 1 08/16/04 Memo from Mayor to Council dated August 5, 2004. 1 City of Tukwila · ' ............... i'*' 6200 Southcenter Boulevard · Tukwila, Washington 98188 Steven M. Mullet, Mayor To: CitY Council From: Mayor's Office; Re: Reappointment to the Equity & Diversity Commission Date: August 5, 2004 Equity & Diversity Commission Brace Linton, Position # 4 - term expired 7/31/2004. Mr. Linton would like to be reappointed. His new term will expire 7/31/2006. Unless we hear otherwise from the Council before August 10, Mr. Linton will be invited to the Regular City Council Meeting on Monday, August 16, 2004 to have his reappointment confirmed. Thank you. /so cfi Jane Cantu Lucy Lauterbach Phone: 206-433-1800 * City Hall Fax: 206-433-1833 · www. ci. tukwila.wa.us COUNCIL AGENDA SYNOPSIS ,'a i y' Initials ITEM NO. Q a 0 t O I Meeting Date 1 Prepared by 1 Mayor's review 1 Council review a) 2 1 08/09/04 1 AD 1 A A../t I. 1/M H ig_ 1 8/16/04 1 1 .Atom I (944- it 1 1805 1 1 I 1 1 I I I 1 ;:ITEM` INFORMATION CAS NUMBER: 04-113 I ORIGINAL AGENDA DATE: 8/9/04 AGENDA ITEM TITLE New Lease for Tourism Office CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 8/9/04 Mtg Date 8/16/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe R Police PW/ SPONSOR'S Authorize Mayor to sign a new Lease Agreement for office space for the Tourism Office in SUMMARY the building known as Fairway Center Building A at 14220 Interurban Ave. S., Suite 130. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/2/04 RECOMMENDATIONS: SPONSOR /ADMIN. Approve as presented COMMIT 1bE Same as Sponsor COST IMPACT LFUND SO U RCE_ EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 for 2004 n/a n/a Fund Source: Comments: �f�z�n� ,t �Ffl tita �tijatt a t RECORI OF tobNCIL`ACTION I 8/09/04 1 Discussed at COW; forwarded to 8/16 Req. Mtg. MTG DATE n ATTACHMENTS 8/9/04 1 Staff report from A. Doerschel dated 7/27/04 Staff report from K. Kertzman, dated 7/22/04 1 F&S Committee minutes dated 8/2/04 8/16/04 No attachments I 1 COUNCIL AGENDA SYNOPSIS s O i 4 \ZIP Initials ITEM NO. 4 I g Me etine D ate I Prepared by 1 Mayor's review 1 Council review 1 2 1 08/09/04 I AD I -M.G- 1 .cJ'Jv. -Jft L k d M �"�;i 1 R /16/04 1 1 _n..2- I3I,id MOB 1 1 1 1 1 1 1 I ITEM INFORMATION I CAS NUMBER: 04-114 I ORIGINAL AGENDA DATE: 8/9/04 AGENDA ITEM TIME An Interlocal Agreement between the Seattle Southside Visitor Services and the City of Kent for Tourism Services CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other Mtg Date 8/9/04 Mtg Date 8/16/04 Mtg Date Mtg Date Mtg Date Mtg Date MAX Date I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S The Interlocal Agreement will authorize the Seattle Southside Visitor Services to provide SUMMARY Tourism and Marketing services to the City of Kent as an Associate Member. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte C:'j Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/2/04 RECOMMENDATIONS: SPONSOR /ADMIN. Approve as presented COMMITTEE Same as Sponsor COST IMPACT /:FUND: SOURCE; EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED n/a n/a n/a Fund Source: ADDITIONAL $100,000 WILL BE ADDED TO THE TOURISM BUDGET FOR 2005. Comments: licit DATE I !Stirla RECORD'OF COUNCIL ACTION`;`} 8/09/04 1 Discussed at COW; forwarded to Rt16 Reg. Mtg for approval. I MTG. DATE1. a -:--z:-ATTACHMENTS 8/9/04 1 Staff report from A. Doerschel dated 7/27/04 1 Draft Interlocal Agreement F &S Committee minutes dated 8/2/04 8/16/04 No attachments I 1 I COUNCIL AGENDA SYNOPSIS J 4IJILA. Y tygS —Initiate ITEM NO. i 040.4•V' )1 1 Meeting Date Prepared by 1 Mayor's review 1 Council review 1 Q '2 8/16/04 RS I fig- 1 1 1 1908_ I 1 1 1 I U. p ITEM INFORMATION 1 CAS NUMBER: 04-118 ORIGINAL AGENDA DATE: 8/16/04 AGENDA ITEM TITLE Foster Golf Links Clubhouse Construction Project Proiect Completion and Acceptance CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date At Date Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Wade Perrow Construction has completed the Clubhouse Construction Project and SUMMARY fulfilled their contract obligations. As part of the project close out process, the City Council needs to accept the Project as Completion and authorize the Retainage to be Released. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: August 10, 2004 RECOMMENDATIONS: SPONSOR /ADMIN. Proiect Completion and Acceptance and Retainaqe to be Released. Cori PEE Same as Sponsor ICOST IMPACT FUND SOURCE! EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $169,659.42 $169,659.42 Fund Source: 411.00.594.760.62.19 Comments: The $169,659.42 had been earned but this 5% retained as part of the Public Works project process. The Clubhouse Construction Project is complete and the rentention ready to be released. 1 MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 8/1&/04 Memoradum August Il 2004 from Rick Still Notice Of Completion Of Public Works Contract Standard Form CAP minutes dated 8/10/04 MEMORANDUM TO: Mayor Steve Mullet Members of the City Council FROM: Rick Still, Assistant Director of Parks and Recreation DATE: August 11, 2004 SUBJECT: Additional Information Requested Regarding: Foster Golf Links Clubhouse Construction Project Project Number 89-BG09-GOLF 03-03, Contract No. 03-110 Prol eot Completion and Acceptance BACKGROUND: The attached August 4, 2004 Memorandum discusses the Project Completion and Acceptance for the Foster Golf Links Clubhouse Construction Project. The Community Affairs and Parks Committee requested that additional information be provided to clarify any issues regarding additional work performed as part of this and the overall Golf Course improvements project. This information is for the Scope of Work in the bid documents and the items mended by Change Order. This is not a detailed listing for all of the golf course projects. However, a more detailed description of Wade Perrow Construction's Contract is as follows: ~ Contract ~ T~I w/WSST_ $3,~ ~ ~ncy '~ ~ Original Project Amount $3.34g,244.80 City Council Authorized Increase in Contingency Kitchen Equipment I 300,000.00 Reimbursed by Concessionaire Water Feature I 100,835.84 Transferred from Golf Coume Improvement Project Contingency Amendment Total 400,835.84 IAmendedContingencyTM I $ 705,312'641 Change Orders wNVSST $594,688.40 Change Orders $52,332.58 - Total Change Orders wNVSST $647,020.98 WPC Final Project Amount $3,691,788,98 * Funds available for project scope not in WPC's contract, i.e. Underground Storage Tank Issue. DISCUSSION: The numbers above include 18 Change Orders increasing the contract length by 45 days and the contract amount by $594,688.24. There are over 50 items revised by Change Order, most notably: the Kitchen Equipment, both Water Features, and the s~wer, line replacement. It does not include the underground storage tank removal and restoration projects, which were corrected by various smaller specialty contracts. RECOMEiENDATIOBI: Staff recommends that thc City Council accept the Foster Golf Links Clubhouse Construction Project as complete and authorize release of 5% retainage ($169,659.42), subject to standard claim and lien release procedures. cc: City Administrator Director o~Parks & Recreation Owner's Representative - File A State of Washington Department of Revenue PO Box 47474 JREVENIJE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) 602 233 923 Date 7/20/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Assigned To City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of,Contract Contract Number Foster Golf Links Clubhouse Project #89-BG09-GOLF 03-02 03-110 Contractor's Name Telephone Number Wade Perrow Construction LLC 253-851-9309 Contractor's Address PO Box 1728, Gig Harbor, Wa 98335 Date Work Commenced Date Work Completed Date Work Accepted !6/30/03 6/30/04 Surety or Bonding Company Safeeo Insurance Company of America (Western Region Surety Office) Agent's Address Rainier Blvd, 1st Floor, 4854 154th PI NE, Redmond, Wa 98052 Contract Amount $ 2,798,500.00 Additions $ + 601,667.40 Liquidated Damages $ Reductions $ - 6,979.00 Sub-Total' $ 3,393,188.40 Amount Disbursed $ 3,522,129.56 Amount 6f Sales Tax Paid at 8.8 % $ 298,600.58 Amount Retained $ 169,659.42 (If various rates apply, please send a breakdown.) TOTAL $ 3,691,788.98 TOTAL $ 3,691,788.98 Comments: Signature Type or Print Name Diane Jaber Finance Approval: ,"~ .N~ , Phone Number 206-433-187I The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451 ~7985. You may also access tax information on our Intemet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) Community and Parks August 10, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Rick Still, Steve Lancaster, Lucy Lanterbach 1. Proiect Completion and Acceptance. The Foster Golf Course Clubhouse, Pro Shop and Restaurant Construction has been completed. There were two authorized change orders (budget transfers from other portions of the project) in the Wade Perrow Construction (WPC) contract that exceeded the original 10% contingency: one was for kitchen equipment and the other for the water feature. The Committee had approved those items at the time they were discovered. The Committee asked about the old fuel tank and the sewer line that had to be replaced. Rick said the sewer line replacement is included in WPC's contract and the underground storage tank was removed under a different contract, Landau Associates. The recommended City Council action will close the books for Wade Perrow's contract for constructing the Clubhouse, Pro shop and Restaurant. Recommend contract completion and release of retainage to Regular Meeting. 2. Second Quarter Report. Para asked Steve about the new consultant working on TVS. Steve said he would introduce Lisa Verner to the Council in the next several weeks. She has been very good already. Para also asked about DCD having no activity on several items in the Permit Coordination, and Steve explained that staffwas working on ordinances that have been brought to Council. The work items can be done at any time in the year, he said, and will be done in the future. Para also asked Rick about the ?arks report promised to the Committee. Information: 3. Development Steve said there are two concurrent activities at the Lewis and Clark site. Sendant is hawng a pre-apphcat~on on thetr ear readiness/maintenance shop and car wash they'll have where the bowling alley is. At the same time, a church wants to use the space for their worship. Dave had heard the church has permission from Cendant to be there for 6 months. Information. Committee chair approval r J w COUNCIL AGENDA SYNOPSIS 't III q 11 Wirth ITEM NO. ��4 1 Meeting Date Prepared by 1 Mayor's review I Commit review 1 w "r' �t el 8/16/04 1 DM 1 I,.y! /�n. 1 i 3 1 I 1 1 1 c. tsoa 1 1 1 I 1 I I I 1 1 ITEM INFORMATION CAS NUMBER: 04-119 1 ORIGINAL AGENDA DATE: AUGUST 16, 2004 AGENDA ITEM TITLE Accept Turnover of Infrastructure from Sara Development 8 Lot Short Plat. CATEGORY Dircession Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 8/16/04 I SPONSOR Council Mayor Aim Svcs DCD Finance Fire Legal POR Police PW 1 SPONSOR'S The development of Sara Development 8 Lot Short Plat at 13419 Macadam Rd is now SUMMARY complete and ready for turnover of public improvements. Public Works staff inspected the facilities and all permits have been approved. The turnover includes streetlights, curb, gutter and sidewalk, roadway, storm drainage and a 10 -foot deep concrete storm vault. The value of the infrastructure totals $158,888.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/9/04 RECOMMENDATIONS: SPONSOR /ADMIN. Accept turnover of public infrastructure CoMMrrrEE Forward to Council Consent Agenda and authorize Mayor to accept COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION I I 8/16/04 1 I I MTG. DATE ATTACHMENTS 8/16/04 Information Memo dated 8/4/04 Vicinity Maps Transportation Committee Meeting Minutes from August 9, 2004 1 I I I (Turnover documents available at Public Works) I I INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: August 4, 2004 Subject: Sara Development- 8-Lot Short Plat Turnover of Street Portions, Storm Vault and Public Utilities Improvements ISSUE Accept turnover of street, storm detention vault, and public utilities improvements, as part of the development of Sara Development - 8-Lot Short Plat. Sara Development - 8-Lot Short Plat Permit Nos. - MI0t-2J01 MI02-186 / L01-033 Site Location - 13419 Macadam Road, Tukwila Parcel No. 261320-0150 BACKGROUND The development of Sara Development - 8-Lot Short Plat is now completed. As a condition of the development, Sara Development facilities included the construction of illumination, storm drainage, and roadway pavement; 75-foot long by 20-foot wide by 10-foot deep concrete storm vault, 895 LF of 12-inch storm pipe, 9 each Type I and 2 each Type II catch basins; 2 each streetlights with service cabinet, conductor, conduit and junction boxes; 1470 LF of curb, gutter and sidewalk; 7,300 SF of asphalt pavement, and all appurtenances. The value of the transferred assets, from the Developer to the City of Tukwila, is $158,888.00. Conditions were placed on the development to provide the following turnover documents:* 1. Letter from owner requesting turnover 2. List of Materials/Costs (City format) 3. Deed of Conveyance of Public Improvements 4. Deed for Detention Tract / Excise Tax Form 5. Bond for two-year maintenance period 6. Performance Bond for street lighting completion 7. As-built plans for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. RECOMMENDATION Request Transportation Committee to move to consent agenda to authorize Mayor to sign acceptance forms. attachments: maps Development File: Sara Development- 8-Lot Short Plat *NOTE: All documents are available at Public Works and will be presented at the meetin.qs. VICINITY ~ HOT rO SCALE CITY OF TU~ SARA DEVELOPMENT - 8 LOT SHORT PLAT REAL PROPERTY AND INFRASTRUCTURE TURNOVER MI01-210 / MI02-186 / L01-033 SARA DEVELOPMENT 8 LOT SHORT PLAT / REAL PROPERTY AND INFRASTRUCTURE TU]PdNOVER MI01-210 / MI02-186'/L01-033 / ~ 4~ ~ " ~ 0 SAP, ak DEVELOPMENT - 8 LOT SHORT PLAT INFRASTRUCTURE TURNOVER MI01-210 / MI02-186 / L01-033 PUBLIC STORM DRAINAGE SYSTEM// INCLUDING STORM VAULT / // / ' .//' SARA DEVELOPMENT - 8 LOT SHOR'][ PLAT INFRASTRUCTURE TUPuNOVER / I. MIOl'-210 / MI02-186 / L01-033 I / CURB / GUTTER / SIDEWALK! PORTIONS OF ASPHALT PAVING .. ::': ?- ~[ SARA DEVELOPMENT - ~' 8 LOT SHORT FLAT ": ~ INFRASTRUCTURE TURNOVER ' %\ MI01-210 / MI02-186 / L01-033 STREET LIGHTING AND ILLUMINATION PLAN Transportation Committee August 9, 2004 Present: Joan Hernandez, Chair; Pam Carter, Joe'Duffle Jim Morrow, Bob Giberson, Frank Iriarte, Lucy Lauterbach; Grog Zimmerman,. Sandra Myer-Renton Public Works; Rich Perteet, P.eter DeBold-Pertet Engineers 1. Stander Boulevard Extension Grog explained that Renton has been pursuing the extension of Strander Boulevard for some time, and the consultant, Pertcet, is now nearing the 30% completion of design. A 1986 agreement between Renton and Tukwila stipulated the two cities would cooperate in building Strander. Rentnn has planned S~ander to run from SR 167 to Tukwila. Rich Perteet said they had looked at alternatives for either tunneling under or bridging over the raikoad tracks to get to West Valley Highway. As the soils near Strander are much poorer and more porous than they were even at S. 180th, a bridge makes more sense and costs less than a tunnel. The least expensive option is an arch bridge ov~r the tracks, with the two tracks moving closer together for $51 million. An option for a cable bridge was for $62-67 million, with tunnels costing between $59-61 million. It will be difficult to move the tracks, but that would open up more land for development in Tukwila. 6000' would be moved, and coordination would be difficult under Grady Way just before they join together north ofi-405. It would also involve getting into the wetland. Perteet said they are now in the process of getting their NEPA federal environmental analysis done, with the SEPA analysis to follow. The road will go through the Boeing Longacres site, where Renton has the possibility of siting an interesting an exciting development. Boeing has donated land worth $2.2 million for their contribution. Funding for the street will be difficult. Renton has hired Doug Levy to try to get State funding, and so far has not been able to get much federal funding. Renton staff asked if the Committee members would support the bridge concept. They said it sounded good as the lowest cost and if it could be designed to look good, too. Joe asked how much this would cost us. It is not in the current top two tiers of FAST freight mobility, and even tier one isn't yet funded. Recommend brid~e olotion for Strander extension. ' · ~2. Turnover of Sara Development, Sara Development is an 8 lot short plat at 134th and /~ Macadam. They have constructed streetligh!s, storfn dr.am.s, catch.basins and sto ,nh ~am V~nU~t, 'curbs, gutter, sidewalks and a new roadway m front ofthetr development. 'l~ese aeveiopmen s are worth $158,888, and have all been constructed to City standards. The City doesn't generally accept storm drain vaults, but this development went in before that policy was adopted. All of these facilities are required to be built before the final permit is approved. Jim said this policy was adopted to prevent developers selling their developmef~ts before some of the facilities were built, requiting the City to tap the homeowners for the unfinished facilities. Recommend turnover of documents to consent agenda of a Regular Meeting. ·. C 0 UNCIL AGENDA SYNOPSIS .................................. Initials ................................ ITEM NO. Meeting Date Prepared by Mayor's review Council review 08-09-04 E. BOYKAN 08/16/04 . CAS NUMBER: 04-111 I ORIGINAL AGENDA DAli/: AUGUST 9, 2004 AGENDA ITEM TrrLE Proposed CDBG Projects for 2005 Public CATEGORY [] Discussion ~al,lotion [] Resolution [] Ordinance [] Bid Award Hearing [] Other Mtg Date Mtg Date Mtg Date ~ltg Date ~ltg Date Mtg Date Mtg Date ~ 08.09.04 SPONSOR [] Council [] Mayor- Human Services [~Adm [-~DCD []Finance ~Fire [--[Legal [--1POR ~Police ~]PW Svcs SPONSOR'S Request approval of proposed projects for 2005. Also request approval of contingency plan 5UMM~Y for decreases or increases. Hold public hearing. REVIEWED BY [] COW Mtg. [] CA&P Cmte [] F&S Cmte [] Transportation Cmte [] utilities Cmte [] Arts Conun. [] Parks Comm. [] Planning Comm. DATE: 07-27-04 RECOMMENDATIONS: SPONSOR/ADMIN. Hold public hearing in consideration of requests stated above. CoMlvlrl-l'EaZ Same as sponsor. EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Housing and Urban Development- Estimated $261,819.00 Comments: 08-09-04 COW~':Public Hearing heqd; no audience comment, given 08-09-04 Staff Memorandum dated 07-27-04 2005 Summary Sheet, Recommendations and Summary including contingencies for increases and decrease 2005 Fund Distribution 8/16/0q no attacnments COUNCIL AGENDA SYNOPSIS o 4 Z Initials ITEM No. j l i 1 Meeting Date 1 Prepared by 1 Mayor's review 1 Council review 1 (I) 4117: 5 -10 -04 1 kas 1 1 7 -26 -04 1 kas 1 1 I �1 t 8 -16 -04 1 kas 1 .t.a -G� I Jim 1 J 1 1 ITEM INFORMATION 1 CAS NUMBER: 04-66 f ORIGINAL AGENDA DATE: 05 -10 -04 IAGENDA ITEM TITLE Proposed adoption of an Ordinance addressing parking and storage of vehicles on single family residential property. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Public Other *1 MtgDate MtgDate MtgDate Mtg Date *101 Mtg Date Nltg MtgDate SPONSOR Council Ma Adm Svcs DCD Finance El Fire Legal P &R Police PW SPONSOR'S The proposed new Ordinance will limit parking on single family residential property to SUMMARY an approved durable, uniform surface; address parking of recreational vehicles, and specify the size of the parking surface. REVIEWED BY COW Mtg. Z CA &P Cmte F&S Cmte Transportation Cmte El Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/26/04 RECOMMENDATIONS: SPONSOR /ADMIN. Review draft ordinance and adopt. COMMITTEE Same as sponsor ICOST IMPACT FUND SOURCES EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $n /a $n /a $n /a Fund Source: n/a Comments: MTG. DATE RECORD OF COUNCIL ACTION 5 -10 -04 COW Remanded to CA &P for further discussion 7 -26 -04 COW Recommended to next Regular Council Meeting MTG. DATE ATTACHMENTS 5 -10 -04 Memo from Jack Pace dated 5/5/04 with attachments; draft ordinance CAP minutes from 4/13/04 meeting. 7 -26 -04 Memo from S. Lancaster dated 7/20/04 with attachments A -E revised draft Ord. 1 8 -16 -04 I Memo from S. Lancaster dated 8/9/04 with attachments Revised.ordinance City of Tukwila StevenM. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: Tukwila City Council Regular Meeting August 16, 2004 ~. ~ FROM: Steve Lancaster, Director Department of Community Development DATE: August 9, 2004 SUBJECT: Vehicle Storage Regulations Background: April 13, 2004 CAP original review, in combination with Junk Vehicle Ordinance Referred without recommendation to COW. May 10, 2004 COW reviewed Parking Ordinance. Referred back to CAP for further review. July 13, 2004 CAP reviewed Parking Ordinance (Minutes - Attachment D) Referred to COW with recommendation for approval. July 26, 2004 COW reviewed parking Ordinance Recommended for approval to the 8/16/04 Regular Meeting This proposed ordinance has been reviewed several times by the CA&P and the COW. These discussions have reviewed the proposed ordinance with an eye to adjustments needed in order to achieve the desired results of a more esthetically pleasing residential neighborhood without unnecessarily burdening reside.nts. During discussions at the CAP meeting held on June 29, 2004, the committee members had an opportunity to discuss SeaTac's parking ordinance with members of SeaTac's staff present for another issue. (Attachment B). They stated that SeaTac's ordinance was developed with the help of a citizen group, which had worked with city staff to define what percentage ora yard or front property should be used for parking. They reported no real public outcry from citizens over the more strict regulations and that they had given about 6 months "education" time before enforcement actions began. The City of SeaTac is proactive in their code enforcement department relating to junk vehicles and parking. Tukwila's Code Enforcement receives many inquiries and complaints regarding vehicles on private property. These inquiries are not limited to junk vehicle complaints, but may Tukwila City Council Regular Meeting August 16, 2004 Page 1 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 include questions about the number of cars allowed in residential areas and where those vehicles may be stored. · Current Tukwila regulations do not limit the number of vehicles parked on private residential property. · Current Tukwila regulations do not specify the location of the parking on private residential property. · Adjacent jurisdictions place various limits on the number o~'vehicles permitted and/or the location of parking in residential areas. These are outlined in the attached table as Attachment A. Proposed New Parking Reeulation: 1. Applies only to property devoted to single family residential use. 2. Limits parking on private property to an "approved durable uniform surface" as defined in the ordinance. These would include paved driveways, grasscrete, gravel surfaces, or the like. 3. Limits parking in the front or side-yard setbacks to driveways which provide access to an approved parking location (garage, carport, or parking pad). This essentially prohibits parking on the front lawn. 4. Specifies that RVs, boats, and other recreational vehicles must be parked on the driveway if in the front yard. RVs, may be parked in the side or rear yard setbacks on an improved surface provided that the parking of such vehicles does not prevent access by emergency responders to all sides of the structure. 5. Specifies a maximum size of the parking surface to be 1200 square feet OR 10% of the property's total surface area, whichever is greater. 6. Specifies that no more than 50% of the front yard or 800 square feet whichever is smaller, can be "approved durable uniform surface". 7. Legally non-conforming lots containing less than 6500 square feet are exempt from the requirements of#6 (above). Some of the smaller lots, particularly in Allentown or Duwamish neighborhoods may not be able to meet the requirement that no more than 50% of the front yard be improved. (See Attachment C-3, Photo 8). _ 8. There is a provision in the proposed code to "grandfather" lots that currently have exceeded the size of the improved surface, but not permit any further expansion. .Conclusion 1. Vehicle-related complaints comprise 25% of all complaints received bY Code Enfomement. Out of 100 vehicle-related complaints, 25 or so concern "too many cars", "car repair business", and other such items that cannot be addressed with our current codes. See Attachment C-1 and C-2 (photos). 2. Esthetically, implementing reasonable limits on the location and/or number of vehicles parking on residential property will improve the appearance of our neighborhoods. (Attachment C-i, photos 1-3). 3. Improved appearance can lead to improved property values, more community pride and greater stability of our residential areas. Tukwila City Council Regular Meeting August 16, 2004 Page 2 4. Recommended implementation date of six months after adoption to provide an adequate period for communication and education. 5. Tukwila's proposal is based on SeaTac's ordinance adopted last year. 6. Alternatively, Tukwila may want to consider limiting the total number of vehicles parked outside a garage or carport, as do City of Renton and King County. Options · Recommend no change. · Recommend adoption of the proposed ordinance. · Modify the ordinance. Next Step · Adopt the proposed ordinance as presented. Attachments: A: Neighboring Jurisdictions comparison B: CAP Minutes from June 29, 2004. C: Photos D: CAP Minutes from July 13, 2004 E: Drawing of sample lot Tukwila City Council Regular Meeting August 16, 2004 Page 3 attachment a JURISDICTI ON MINIMUM # OF REQUIRED OFF - STREET PARKING IMPROVED OR IMPERVIOUS SURFACE REQUIRED? # OF VEHICLES PERMITTED TO PARK OUTSIDE OF A BUILDING COMMENTS King County 2 per dwelling unit Approved impervious surface with direct and unobstructed driveway access Lot size 12,500 or less, no more than 6 vehicles Lot size greater than 12,500, no more than 8 vehicles. Separate regulations for parking of RVs and Boats City of Burien 2 per dwelling unit All vehicles must be parked on an approved impervious surface such as compacted gravel or concrete. No restrictions Inoperable vehicles must be screened from public view and on impervious surface Applies to new and existing development. City of Renton 2 per dwelling unit No requirements for impervious surface Maximum of 4 vehicles may be parked on a residential lot outside of a building, including vehicles under repair and restoration. Except for emergencies, no automobile repair or service of any kind shall be conducted on any such parking area (applies to ALL parking areas apparently, commercial and residential) City of Kent 2 per dwelling unit No requirements for parking, but does require the first 20 feet of driveway to be paved. Not addressed RV parking requires "a defined fenced and screened area with a minimum of a 6 -foot sight obscuring fence or landscaping" City of Federal Way 2 per dwelling unit . Requires impervious surface with direct driveway access for residential lots less than 20,000 square feet. No limits RVs are subject to same regulations as passenger vehicles. Inoperable vehicles must be stored in a completely enclosed building. Vehicles may not park in front or rear required yards except on driveway. Driveway may not exceed 20 feet in width, with some exceptions. City of SeaTac D I D Ca _ ffl 2 per dwelling unit Four inches of portland cement concrete over gravel; two inches of blacktop over gravel; or two inches of 5/8 minus compacted rock; or other material approved by the City. Not specified . Maximum size of improved surface is 1200 square feet or 10% of lot area whichever is greater. Includes driveway in this calculation. No more than 50% of front yard or 800 square feet whichever is smaller can be off - street parking surface in the front yard. Parking in side and rear yards must meet 5 foot setback and screening may be required if requested by adjacent property owners. Screening shall be a solid wood fence or as approved by City. 7 Community and Parks ~ommittee June 29, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Evie Boykan, lack Pace, Steve Lancaster, Lynn Miranda, Lucy Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works 1. Interloeal 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 (IRC) to advise the County on allocations. The IRC-duties and composition are spelled out in the interloeal the cities and county sign for the distribution of funds. Representation on the YR.C 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 C~mmittee supported the amendment to the interlocal. Recommend interloeal amendment to Council. 2. Dollar Rent-A-Car Signs' Dollar Rent-A-Car is located on S. ~60~h/T]~ at the boundary.of Sea Tac and Tnkwila. 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 busines.~ to have two signs placed just outside the right of way. The SeaTac staff. members were relieved they did not have to condemn the signs, which could have cost the city up to $! 'm. Recommend resolution to COW and Regular Meeting: MaintenanceThe Committee members asked Don and Tom about their 2a. Junk Cars & Property code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for junk ears are strictly enforced in the fxont 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 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 month~ 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 has asked for a broadening of those uses, but the staff and Committee members agreed that was not appropriate now. The Committee chose t6 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 extermion, ATTACHMENT B adding $30,000 to the current contract. The Committee supported this proposition. Recommend contract extension to COW and Regular Meetinll. 5. International Property Maintenance Code The Committee had considered this Code in 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 have on Tukwila citizens. Staff had prepared a memo asking and answering some of the questions that had come.up previously. They went over some of the !homy 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 ear 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 i4 people, with potentially 14 cars. It is the cars that cause the neighborhood problems. Sea Tae 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 rotmd. The Ben Carol pool, on the other hand, is a public danger as the muck tums the water thick green and nothing under the 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 Cguncil 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 m These photos represent complaints received by Code Enforcement over the past 12 months. Investigations show that these are not violations of current code. These vehicles which are parked on the grass or in the yard do not meet the definition of "junk vehicle" as defined in TMC 8.24.010. Complaints received included possible "car repair" operations as well as appearances. Photo 4 These photos are not code enforcement cases, but do represent parking which would not be permitted under the proposed new ordinance. - • 1•• • Cli2C.E. . This is an example of a small lot in the Allentown neighborhood. Nearly the entire front yard is paved for the driveway. Community and Parks Committee July 13. 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Steve Lancaster, Brace Fletcher, Lucy Lauterbach; Grant Richardson-Boundless Choice Proposed Ordinance re Parking on Private Property One of the'issues the Committee had discussed at their last meeting was how Sea Tac regulated the number of cars at a house as a way to regulate how many adults with cars live in one house. Kathy presented a memo with pictures and a draft ordinance regulating cars on private property. Kathy had listed the main controversial provisions of the ordinance, and the Committee went though those first. The first item prohibited car parking on front lawns; vehicles can park in the front yard only on a graveled, paved, or other durable surface pad. Pam L clarified that people can park in a driveway even if it doesn't lead to a garage or carport. She also wanted the memo to clarify that a driveway could go to an approved parking surface rather than to a garage. No more than 50% of a front yard can be paved, although there is a grandfather clause for pavement already put in. One issue the Committee tackled was how to address the new houses on small lots that do pave the entire small front yard in order for the home to have parking for more than one car. Our current code allows this. Joe thought that was ok for future small houses, too, though Pam thought they might find some room for something green there, too. One option is to have a narrower paved driveway and park two cars with one if front of the other. Kathy will get pictures of the new homes to give an idea how a paved front yard looks. Dave and Joe wanted to adopt the same regulations Sea Tac did. Para pointed out Tukwila sits among surrounding cities and the County that do regulate parking. Pam suggested and Joe and Dave agreed the City did not want to limit the number of cars someone has, as long as they can park them on a durable surface legally. Most other cities and the County regulate parking either by requiring an impervious surface in some manner or by limiting the number of cars that can be parked perdwelling unit. The Committee a~eed they should advertise the new rules for 6 months before enforcement. Pam asked that the actual number of complaints about cars compared to total code complaints be included. The Committee realized the new provisions could be controversial with some people, but said it was a matter of how they want the community to look. Steve L said driving Tukwila one could see many houses that had too many cars and trash placed haphazardly around, making the community more unattractive than it could be if it were cleaned up. In the pictures of houses with multiple cars in the front yards was also trash that the cars somewhat hid. The Committee supported working to improve the appearance of the City by putting cars on pavement or other approved surface. Recommend ordinance to COW. 2. Inclusive Recreation Brace introduced Grant Richardson, who was a physically active youngster until a motorcycle accident broke his back and he lost the use of his legs. He later lost the use of an arm as well. When he moved to the Seattle area in 1980, he began to work on the Attachment D. Community and Parks July 13, 2004 Page 2 issue of making recreation programs accessible to all. The physical act of making buildings accessible he said, is sometimes easier than the work of integrating people with any kind of disability into most of the rec programs. Grant said inclusiveness means being able to play with others and to have equal access and choices. Everyone in the community participating does em'ich the community, he said. He gave an example of a parent with an autistic child Walking into the Community Center and asking what programs her child could join in on. It takes time to both train staffand find ways to include disabled into most of the activities done at the Center. Grant said the servtces that work for specific'disabilities can be very helpful to finding Ways to include disabled people in activities and programs. The goal of'inclusive recreation, he said, is for it to be invisible. Just as all Metro buses can pick up wheelchairs, all programs would ideally be able to incorporate the disabled into their play, whether it be dancing or exemises or a field day. Funding is available for adopting such programs. With a small city like Tukwila, it may make ~ense to join with other nearby small cities so together we can offer a broader range than any one city could. Grant said Bruce was the most responsive and enthusiastic Parks Director he'd spoken to. The Committee thanked Grant for educating them on this issue. Information. ~' .~.._ Committee chair approval 72' ~ · I I · · I Front Yard ATTACHMENT E J1 W46 4 /.l gs Z �i �rr__ 19 City u ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING REGULATIONS FOR VEHICLE PARKING AND STORAGE ON PROPERTY DEVOTED TO SINGLE FAMILY RESIDENTIAL USE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 'r WHEREAS, parking or storage of vehicles on lawns or other inappropriate areas of property devoted to single family residential use can diminish the value and desirability of neighboring properties and diminishes the aesthetic qualities of Tukwila's neighborhoods; and :;;42,114; WHEREAS, appropriate parking areas for recreational vehicles would ensure accessibility to all sides of a structure for emergency responders' equipment and vehicles; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regulations Adopted. Regulations for vehicle parking and storage on Y<. property devoted to single family residential use are hereby adopted to read as follows: CHAPTER 8.25 VEHICLE STORAGE AND PARKING ON SINGLE FAMILY RESIDENTIAL PROPERTY %:r Sections: 8.25.010 Definitions 8.25.020 Parking Limitations 8.25.010 Definitions. A. "Approved Durable Uniform Surface" is a durable uniform surface approved for the storage of vehicles by the City of Tukwila and should consist of one of the following: 1. Two inches of 5/8 minus compacted rock, provided mud or other fine material do not work their way to the surface of the rock. Alternate sized minus compacted rock may be used upon approval by the City; or 2. Concrete (4" Portland cement concrete over gravel section as described in Section 8.25.010A; or 3. Blacktop (2" asphalt concrete pavement over gravel section as described in Section 8.25.O10A; or 4. Any other configuration of materials, approved by the City, that maintains a durable uniform surface. Vehicle Storage 8/13/04 1 Of 2 8.25.020 Parking Limitations. A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles on properties devoted to single family residential use B. Motor vehicles on property devoted to single -family residential use shall be parked on an approved durable uniform surface. Motor vehicles, other than those specified in TMC 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks when in a driveway that provides access to an approved parking location and is in conformance with TMC Title 18, as that title currently exists or as it may be subsequently amended. C. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved durable uniform surface and shall not be parked, kept or stored m required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by emergency responders to all sides of a structure. D. Approved durable uniform surfaces outside of structures on -site may cover a maximum of 1,200 square feet or 10 of the lot surface, whichever is greater. E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be approved durable uniform surface. An approved durable uniform surface exceeding this requirement on the effective date of this ordinance may be maintained, but shall not be expanded. F. Single family properties on pre existing, legal lots of record containing less than 6,500 square feet are exempt from the requirements of 8.25.020D. Section 2. 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 x r remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Cleric- APPROVED AS TO FORM BY Passed by the City Counril Published- Effective Dec- Office of the City Attorney Ordinance Number Vehicle Storage 8/13/04 2 of 2 COUNCILAGENDASYNOPSIS I ~ .................................. Initials ................................. ITEMNO, Meeting Date Prepared byMayor's revie~ Council review 0,/,4,04 "~ 07/:/2/04 kas 08/:/6/04 kasO .,a.,~ ~'/'/~ /-Iz- ' ITEM INFORMATION CAS NUMBER: 04-073 I ORIGINAL AGENDA DATE: AGENDA ITEM TITLE 2003 International Properb/Maintenance Code ;ATeGOe. Y [] Discussion [] Motion [] Resolution [] Ordinance [] Bid Award [] Public Hearing [] Other Mtg Date Mtg Date Mtg Date Mtg Date 8/'2/04 Mtg Date Mtg Date Mtg Date SPONSOR [] Council [] Mayor [],tdmSvc$ [5~DCD []Finance []lire ~lLegal []P&R [-]Police []PW SrONSO~'S Proposal to adopt the 1003 International Property Maintenance Code and review SUMMtmY draft ordinance. REVIEWED BY [] COW Mtg. [] CA&P Crate [] F&S Cmte [] Transportation Crate [] Utilities Crate [] Arts Comm. [] Parks Comm. [] Planning Comm. DATE: 7/12/04 RECOMMENDATIONS: SPONSOR/ADMIN. DCD - Review draft ord. & adopt COMm'r'reE Same as sponsor ICOST IMPACT / FUND SOURCEI, EXPENDITURB REQUlltED AMOUNT BUDGETED APPROPRIATION REQUIRED Sn/a $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 5/24/04 COW Review; remanded to CA&P for additional discussion/review 7/:/2/04 COW Review; forwarded to Regular Council for adoption MTG. DATE ATTACHMENTS 8/16/04 Memo from S. Lancaster dated 8/9/04 with one attachment Ordi nance ' i City of Tukwila StevenM. Mullet, Mayor '.. / Department of Community Development Steve Lancaster, Director TO: Tukwila City Council August 16, 2004 Regular Meeting ~ FROM: Steve Lancaster, irector epartment of Community eve opment ~Date: August 9, 2004 SUBJECT: International Property Maintenance Code Background: Adoption of the International Property Maintenance Code has been before you several times over the past few months. CAP 4/13/04 Forwarded to COW without recommendation COW 5/24/04 Returned to CAP for further discussion CAP 6/29/04 Forwarded to COW with recommendation for approval. COW 7/12/04 Forwarded to Regular Council for additional discussion and approval The International Building Code, Fire Code and Mechanical Code (all adopted by the City effective Suly 1, 2004) were developed to work together to regulate the built environment. The IPMC is &signed to work with these otker Intemational codes to address conditions of existing buildings and their surrounding property. The IPMC would replace all of the references to the Uniform Housing Code (TMC 16.06) and most of the current nuisance ordinances contained in TMC 8.28. Discussions have been held on specific regulations contained in the new code. Comparisons have been made with the Housing Code and the various nuisance ordinances contained in the TMC. See chart provided in 7/12/04 COW packet. Changes/Comments The following table addresses specific questions that arose at the July 12, COW meeting and outlines the changes made to the draft ordinance before you today. Further discussion may be needed for some of the items: Memo to City Council for August 16, 2004 meeting Page 1 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 * Phone: 206-431-3670 ° Fax: 206-431-3665 Table of IPMC Changes and other Comments: IPMC Section # Comment: 101.1 Title: Add "City of Tukwila" Changed 102.3 Application of other codes. Delete last sentence "Nothing in this Changed code shall be construed to cancel...International Zoning Code." 103 Department of Property Maintenance Inspection. References to "Department of Property Maintenance" ,shall be deemed to mean Changed "Code Enforcement Division" 103.5 Fees: Delete entire Fees section. The City does not currently Changed charge a fee for code enforcement activities. 108.1.3 Structure unfit for human occupancy. There was discussion at the COW meeting on July 12, 2004, *.o add "mold" or some such Igeneric word to this paragraph. Lack of ventilation and excess moisture creates conditions that are ideal for mold growth. Not Changed Ventilation is addressed specifically in this paragraph and throughout the document. The majority of common molds are not a concern to people who are healthy. However, people who suffer from allergies or asthma, have an immune suppression or an underlying lung disease may be at increased risk for infection from mold. Since the conditions that promote mold growth would be eliminated or reduced by ventilation requirements and proper maintenance, and since the cause of mold infestation is covered by regulations on improper ventilation, it seems that the specific addition of "mold" to this section is neither necessary nor perhaps even wise. 108.2 Closing of Vacant Structures. Council may want to consider changes to this section similar to City of SeaTac wherein vacant Not changed structures cannot appear to be vacant. This could be discussed at a later date as a separate ordinance. 111 Means of Appeal. Delete entire Section 111. Add Reference to Changed TMC 8.45 Enforcement. 202 Definitions: "Code Official" is deemed to refer to the Building Changed Official. 302.4 Weeds: First sentence "All premises and exterior property shall be Changed .... 24 inches..." 303.2 Swimming Pools Spas and Hot Tubs: Enclosures No change would be necessary, since per IPMC Section 102.1 the more restrictive regulations would apply. However, for clarity's sake the Council may want to change this section as follow: Changed "Private swimming pools, hot tubs and spas containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 60 inches in height..." The balance of this section governing pools, spas, and hot tubs would remain in place unchanged. Memo to City Council for August 16, 2004 meeting Page 2 IPMC Section # Comment: 304.14 insect screens: "During the period from January 1 to December Changed 31..." The council could consider setting d:fferent dates, such as March 1 - October 30 for the requirement for screens. The council also had questions about whether this section would require screens on all door openings (front door, for example). Not changed I IPMC 304.14 requires insect screens on. every d o, windo and other outside opening required for ventilation of habitable rooms..." The IBC (Section 1203.4) requires any habitable room be ventilated by an opening equal to 4% of the floor area. In a 12'x12' living room, for instance, there must be ventilation provided through either doors or windows of a minimum of 5.76 square feet (a 2x3 foot openable window would provide adequate required ventilation.) The door, therefore, would not be needed as required ventilation and would not be required to be screened. 503.3 Location of employee toilet facilities. The Building Official, Bob Benedieto, has confirmed that the Mall currently eorrforms with these requirements. Any new commercial construction will meet Not changed these requirements. There are employee restroom facilities that the general public is not aware of. Some of the smaller stores have installed employee restroom facilities directly inside their spaces. The kiosks are located in such a way that they also conform to these requirements. This is not a eonceru. 602.3 Heat supply. First sentence should read: "Every owner and Changed operator of any building who rents, leases or lets one. or more dwelling unit...shall supply heat during the period from January 1 - December 31 ..." Addition of the dates is needed in this section. 602.4 Occupiable work spaces. First sentence should read: "Indoor occupiable work spaces shall be supplied with heat during the Changed period from January 1 to December 31 to maintain a temperature of not less than 65 degrees F (18 degrees C) during the period the spaces are occupied..." Addition of the dates is needed in this section. 702.3 Locked doors. This agrees with the IBC Section 1008.1.8.3.4. and Not Changed with the IFC 1008.1.8. TMC 8.28.080 Potential Pest Harborage or Fire Danger states "Trash, litter, IMPC 302.5 rags, ... which proves harborage for rats or which may be a fire IFC 304.1 danger is declared to be a nuisance" The harborage of rodents is addressed specifically in IPMC 302.5. Not Changed The exterior fire danger is addressed in the IFC 304.1 as it relates to waste accumulation. TMC 8.28.130 Burning in an Annoying Manner it addressed in IFC 307.2.2 IFC 307.2.2 Open burning. Not Changed Chapter 8 Referenced Standards Delete references to ICC Electrical Code, International Plumbing Changed Code and International Zoning Code. Memo to City Council for August 16, 2004 meeting Page 3 As part of the review process, the IPMC Chapter I Administration was carefully reviewed for any conflicts with previously adopted regulations contained in TMC Chapter 8.45 Enforcement (Attachment A). The procedures outlined in Sections 106 (Violations) and 107 (Notices and Order) are congment with the current methods established. 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. Summary · The IPMC is designed to work hand-in-hand with thc newly adopted Building Codes. · Other nearby cities which have or are about to adopt thc IPMC are, SeaTac, Buricn, 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. · It is staff's recommendation that the City adopt the IPMC, deleting most of our eurren! nuisance ordinances contained in TMC 8.28 and deleting references to the UHC in TMC 16.06. Next Step The City Council can adopt the Intemational Property Maintenance Code ordinance as revised and presented, or suggest changes to the draft ordinance to be presented at the next regular meeting. Attachments: A: TMC Chapter 8.45 Enforcement Memo to City Council for August 16, 2004 meeting Page 4 TUKWILA MUNICIPAL CODE Chapter 8.45 3. Fail to comply with any of the require- men[s of .an order to cease activity issued under this ENFORCEMENT chapter or issued pursuant to authority provided in other chapters of the Tukwila Municipal Code. Sections: E. It is unlawful to: 1. Maintain, allow, permit or fail to prevent a 8.45.010 Purpose nuisance as defined in Tukwila Municipal Code 8.45.020 Scope Chapter 8.28 or as defined throughout the Tukwila 8.45.030 Violations Municipal Code; and 8.45.040 Enforcement 2. Fail to comply with any applicable provi- 8.45.050 Investigation, Civil Infraction Citations And sions of the Tukwila Municipal Code, including, but Notices Of Violation 8.45.060 Time In Which To Comply not limited to, the regulations and requirements found in the following sections of the Tukwila Municipal 8.45.070 Stop Work Orders. 8.45.080 Emergency Orders. Code, as now in effect or as may be amended hereafter: 8.45.090 Appeal To Hearing Examiner TMC 5.04.115 .....Penalties. 8.45.100 Penalties 8.22.290 ..... Penalties. 8.28.260 .....Violation - Penalty. 8.45.010 Purpose 9.32.200 .....Penalties. --The purpose of this chapter is to esiablish' an 9.44. t30.....Enforcement. efficient process for enforcement of code violations. 11.22.220.. Violation - Penalties. (Ord. 1838 §2(part), 1998) 13.08.120. Enforcement. 14.06.070.. Penalties. 8.45.020 Scope 14.16.110.. Penalty for violation. The procedures set forth in this chapter shall be 16.04.020.. Uniform codes adopted. utilized to enforce violations of the Tukwila Municipal 16.16.072.. Parking in fire lanes prohibited. Code, as such violations are described within the 16.52.080.. Penalties for noncompliance. Code, and as this chapter is referenced throughout the 16.54.300.. Penalties. Code. 17.28.020.. Penalties. (Ord. 1838 §2(part), 1998] 19.36.010.. Penalty for violations. (Ord. 1838 §2[part), .1998) 8.45.030 Violations A. It is unlawful for any person to initiate, 8.45.040 Enforcement maintain, or cause to be initiated or maintained, the use A. The Code Enforcement Officer{s) is/are the of any structure, land or property within the City person{si authorized by the Mayor to enforce the civil without first obtaining the permits or authorizations provisions of the Tukwila Municipal Code. required for the use by the applicable provisions of any B. The Code Enforcement Officer shall have the of the Tukwila Municipal Code. responsibility for enforcement of this chapter.' The B. It is unlawful for any person to use, construct, Code Enforcement Officer may call upon the police, locate, demolish or cause to be used, constructed, fire, building, public works or other appropriate City located, or demolished, any structure, land, or property departments to assist in enforcement. As used in this within the City in any manner that is not permitted by chapter, "Code Enforcement Officer" shall also mean the terms of any permit or authorization issued his or her duly authorized designee. pursuant to the applicable provisions of the Tukwila C. This chapter shall be enforced for the benefit of Municipal Code.' the health, safety, and welfare of the general public, C. It is unlawful for any person to engage in or and not for the benefit of any particular person or class conduct business within the City of Tukwila without of persons. first obtaining apprOpriate business licensing. D. It is the intent of this chapter to place the D. It is unlawful to: obligation for complying with its requirements upon 1. Remove or deface any sign, notice, the owner, ~occupier, tenant, manager, agent, or other complaint or order required by or posted in accordance person responsible for the condition of land and with this chapter; buildings situated within the City of Tukwila and 2. Misrepresent any material fact in any appli- within the scope of the Tukwila Municipal Code. cation, plans, or other information submitted to obtain E. No provision or any term used in this ch'apter any building or construction authorization; and, is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. ATTACHMENT A (Ord. 1838 §2(part), 1998) Page 8--30 Printed May 2004 TITLE 8 - PUBLIC PEACE, MORALS AND SAFETY 8.45.050 Investigation, Civil Infraction Citations F. POSTING: A copy of the notice shall be posted and Notices of Violation at a eonspicuous place on the property, unless posting A. AUTHORITY: Upon presentation, of proper the notice is not physically possible. credentials, the Code Enforcement Officer may, with G. AMENDMENT: A Notice of Violation may be the consent of the owner or occupier of a building or amended at any time in order to: premises enter at reasonable times any building or 1. Correct clerical errors; or premises in order to perform the duties imposed by 2. Cite additional authority for a stated this chapter, violation. B. INVESTIGATION: The Code Enforcement (Ord. 1838 §2(part), 1998) Officer shall investigate any structure or use which he or she reasonably believes does not comply with the 8.45.060 Time 'in Which to Comply applicable standards and requirements of the Tukwila A. CIVIL INFRACTION CITATIONS'. Civil infrac- MUnicipal Code. tion citations will be issued and processed in accor- C. CIVIL INFRACTION CITATION: If after dance with RCW 7.80, which is incorporated herein by invasbgation, or after the complaint of residents or reference. The Tukwila Municipal Court shall have others, the Code Enforcement Officer has probable jurisdiction over all civil infraction citations issued cause to believe that the applicable standards or under this chapter. requirements of the Tukwila Municipal Code have B. DETERMINATION OF TIME FOR COMPLI- been violated, the Code Enforcement Officer may ANCE WITH NOTICES OF VIOLATION: Persons .... issue a civil infraction citation in accordance with RCW ~'e~eiving a. Notice of Violation shall rectify the code 7.80~-whlch is incorporated herein by this reference, violations identified within the time period specified by upon the owner, tenant, occupier, manager, agent, or the Code Enforcement Officer pursuant to TMC other person responsible for the condition. 8.45.050C. D. NOTICE OF VIOLATION: Alternatively, after C. ORDER BECOMES FINAL UNLESS investigation, or based upon the complaint of residents APPEALED: Unless an appeal is filed with the Code or others, the Code Enforcement Officer may serve a Enforcement Officer for hearing before the Hearing · Examiner in accordance with TMC 8.45.090A, the Notice of Violation upon the owner, tenant, occupier~ Notice of Violation shall become the final order of the manager, agent, or other person responsible for the condition. The Notice of Violation shall contain the Code Enforcement Officer. A copy of the notice may following information: be filed and recorded with the King County Recorder. '' .1. A statement of each.· standard, code (Ord. 1838§2(part), 19.98) provision or requirement violated; 2. What corrective action, if any, is necessary 8.45.070 Stop Work Orders to comply with the standards, code provision or ' Whenever a continuing violation of this Code will materially impair the Code Enforcement Officer's requirement; and, ability to secure compliance with this Code, or when 3. A reasonable time for compliance. 4. An explanation of the appeal process and the continuing violation threatens the health or safety the spedfic information required to file an appeal, of the public, the Code Enforcement Officer may issue E. SERVICE OF A NOTICE OF VIOLATION: A a Stop Work Order specifying the violation and Notice of Violation shall be served on the owner, prohibiting any work or other activity at the site. Any tenant, occupier, manager, agent, or other person violation of a Stop Work Order is hereby declared to be responsible for the condition by personal service, a nuisance,' and the Code Enforcement Officer is registered mail, or certified mail with return receipt authorized to enjoin or abate such nuisance summarily requested, addressed to the last known address of such by any legal or equitable means as may be available. person. If, ifter a reasonable search and reasonable The costs for the in)unction or abatement shall be efforts are made to obtain service, the whereabouts of "recovered by the City from the owner, tenant, the person(s) is unknown or service cannot be occupant, manager, agent, or other responsible person accomplished and the Code Enforcement Officer in the manner provided by law. makes an affidavit to that effect, then service of.the (Ord. 1838 §2(part), 1998) notice upon such person(s) may be made by: 1. Publishing the notice once each week for 8.45.080 Emergency Orders Whenever any use or activity in violation of the two consecutive weeks in the City's official news- Tukwila Municipal Code threatens the health and' paper; and safety of the occupants of the premises or any .member 2. Mailing a copy of the notice to each person named on the Notice of Violation by first class mail to of the public, the Code Enforcement Officer may issue the last known address if known or, if unknown, to an Emergency Order directing that the use or activity the address of the property involved in the be discontinued and the condition causing the threat to the public health and safety be corrected. The proceedings. Printed May 2004 Page 8-31 TUKWILA MUNICIPAL CODE Emergency Order shall specify the time for compliance 8.45.100 Penalties and shall be posted in a conspicuous place on the A~ VIOLATIONS OF THE TUKWILA MUNICIPAL property, if posting is physically possible. Any CODE: condition described in the Emergency Order which is ' 1. Civil Infraction Citation: Any person not corrected within the time specified !s hereby violating or failing to comply with the provisions of the declared to be a public nuisance and the Code Tukwila Municipal Code, may be issued a civil "Enforcement Officer is authorized to enjoin or abate infraction citation pursuant to TMC 8.45.050B. Each such nuisance summarily by any legal or equitable civil infraction shall carry with it a monetary penalty of means as may be available. The cost of such $100.00 for the first violation, $175.00 for a second abatement shall be recovered from the owner, tenant, violation of the same nature or a continuing violation, occupant, manager, agent, or other person responsible and $250.00 for a thifd or subsequent violation of the in the manner provided by law. same nature or a continuing violation. {Ord. 1838 §2(part), 1998) 2. Notice of Violation: ~ Any person violating or failing to 8.45.090 Appeal to Hearing Examiner comply with the provisions of the Tukwila Municipal A. The person incurring the penalty described in a Code, may, in the alternative, be issued a Notice of Notice of Violation issued by the Code Enforcement Violation which shall carry with it a cumulative Officer pursuant to TMC 8.45.050C may obtain an monetary penalty of $500.00 per day for each violation appeal of the Notice by requesting such appeal within from the date set for compliance until compliance with ten calendar days after receiving or otherwise being- the-Notice of Violation Or order is achieved. served with the Notice pursuant to TMC 8.45.050. b. In addition to any penalty which may When the last day of the period so computed is a ' be imposed by the City, any person violating or failing Saturday, Sunday or federal or City holiday, the period to comply with any of the provisions of the Tukwila shall run until 4:30PM on the next business day. The Municipal Code shall be liable for all damage to public request shall be in writing, and upon receipt of the or private property arising from such violation, appeal request, the Code Enforcement Office shall including the cost o[ restoring the affected area to its schedule an appeal hearing before the Hearing condition prior to the violation. Examiner. Notice of the hearing shall be sent to the c. The penalty imposed by this section .:; ..- appellant and/or the person{s) named on the Notice of under a Notice of Violation may be collected by civil ?."~.;~. Violation under the procedures described in' TMC action brought in the name of the City. The Code '~"'~ 8.45.050D or as may be otherwise requested by the Enforcement Officer may notify the City Attorney of appealing party, the name of any person subject to the penalty, and the B. At or after the appeal hearing the Hearing City Attorney may, with the assistance of the Code Examiner may: Enforcement Officer, take appropriate action to collect 1. Sustain the Notice of Violation; the penalty. 2. Withdraw the Notice of Violation; B. ADDITIONAL RELIEE' The Code Enforcement 3. Continue the review to a date certain for Officer may seek legal or equitable relief to enjoin any receipt of additional information; or acts or practices and abate any condition which 4. Modify the Notice of Violation, which may constitutes or will constitute a violation of the Tukwila include an extension of the compliance date. Municipal Code. The remedies provided in this C. The Hearing Examiner shall issue a written chapter are cumulative and shall be in addition to any decisior~ within 14 days of the date of the completion of other remedy provided by law. the review and shall caUse the same to be sent to the C. SUBDIVISION VIOLATION,c: Any person, person(s) named on the Notice of Violation Under the firm, corporation, or association or any agent of any same procedures described in TMC 8~45.050D or as person, firm, corporation, or association who violates otherwise directed by the appealing party, any provision of RCW 58.17 or Tukwila Municipal D. The decision of the Hearing Examiner shall be Code Title 17; Subdivisions, relating to the sale, offer for final and conclusive unless appealed. In order to sale, lease, or transfer of any lot, tract, or parcel of land, appeal the decision of the Hearing Examiner, a person shall be guil. ty of a gross misdemeanor; and each sale, with standing to appeal must file a land use petition, as offer for sale, lease or transfer of each separate lot, tract, provided in RCW 36.70C, within 21 days of the or parcel of land in violation of any provision of RCW issuance of the Hearing Examiner's decision. The cost 58.17 or Tukwila Municipal Code Title 17, Subdivi- for transcription of all records ordered certified by the sions, shall be deemed a separate and distinct offense. superior court for such review shall be borne by the (Ord. 1838 §2(part), 1998) appellant. (Ord. 1838 §2(part), 1998) ' Page 8-32 Printed May 2004 City og Tulcwila W~h~ngton Ordinanc~ No. 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, ORDINANCE NO. 1838 SECTION 5, ,AND ORDINANCE NO. 1846; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in the interest of public health, safety and welfare, the City Council of the City of Ttflovila desL~s to adopt by reference the 2003 edition of the Intmmatfonal Properbf 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 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 CrlY COUNCIL .OF THE tzt'l¥ OF TUKWII~, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1, International Property Maintenance Code Adopted. A. The City of Tukwila hereby adopts by reference, as ff fully set forth herein, the 2003 edition of the International Property Maintenance Code ("Ii'MC"), 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 ][PMC are on file in the office of the City Clerk of the City of Tukwila, and have been marked and designated as B. The City of Tukwfla hereby adopts the following changes to the IPMC as aopt a in subsection (A) above: 1. IPMC Section 10L1 shall reflect that the name of the jtuisdiction is the City of Tukwila. Z The last sentence of IPMC Section 10Z3 (Application of other codes) is hereby deleted in its entirety. I~MC Section 10Z3 shall now read as follows: Repairs, addiHons or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and prowsions of the International Existing Building Code. 3. IPMC Sectfon 103.5 (Fees) is h~reby repealed in its entirety. 4. IPMC 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 cflatJon issued under this code or Tukwila Municipal Code Chapter 8.45 shah have the right to appeal to the City Hearing Examiner or the municipal court as set forth in TMC Chapter I of 3 I~tcmaflonal BuildingCod¢ 8/13104 8.45. In addition to, or in lieu of, an.v other state or local provisions for the recovery of costs or penallies incurred or assessed under TMC Chapter 8.45, the City Treasurer may, pursuant to RCW 35.80.030(1)(li), cerlify to the King County Treasurer an assessment amount equal to the costs of abatement, removal, or repair of the property and/or any associated penaliies 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 collected at the same time and with interest at such rotes and in such manner as provided for in RCW 84.56.020. 5. The following definitions shall be added to I~MC Section 202 (Definitions) as follows: "Department of Properfid Maintenance" is deemed to refer to "Code Enforcement Division." "Code Offcial" is deemed to refer to "Building Official." The remainder of EPMC Section 202 shall remain in effect as currenlly adopted. 6. 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 plant growth in excess of 24 inches. The remainder of IPMC Section 30Z4 shall remain in effect as currently adopted. 7. The first sentence of 1PMC Section 303.2 (Enclosures) is hereby amended to read as follows: Private swmuning pools, hot tubs and spas, containing water more than 24 inches (610mm) in depth shall be completely surrounded by a fence or barrier at least 60 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. The remainder of IPMC Section 303.2 shall remain in effect as currently adopted. 8. References to "ICC Electrical Code," "International Plumbing Code" and "International Zoning Code," that appear in the index of Chapter 8 (Referenced Standards) shall be deleted. 9. The first sentence of IPMC Section 304.14 (Insect screens) is hereby amended to read as follows: During the period from January 1 fo December 31, every door,. window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas 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 ifich (16 mesh per 24 mm) and every swinging door shall have a self-cfosing device in good working conclitio~ The remainder of ~MC Section 304,~4 shall remain in effect as currently adopted, 10. The first sentence of IPMC Section 602.3 (Heat supply) is hereby amended to read as follows: ':?y 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 Iess that 68° (20 °Q in all habitable rooms, bathrooms, and toilet rooms. The remainder of IPMC Section 602.3 shall remain in effect as currently adopted. 11. The first sentence of IPMC Section 602.4 (Occupiable work spaces), is hereby 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 No 1837, as codified at Tukwila Municipal Code 8.28.020, 8.28.030, 8.28.040, 828.060, 828.070, 828.080, 828.090, 8.28.100, 8.28.110, 8.28.120, 8.28.130, 828.190, 828200, 8.28210, 8.28220, 8.28230, 828.240, 828.250, 828260, 828.270, and 828.280, and Ordinance No 1838, Section 5, are hereby repealed. Section 4. Severabitity. if any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. r'- PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. sT ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk y Filed with the City Cleric. APPROVED AS TO FORM BY: Passed by the City Council: Publish <a• Effective Data Office of the City Attorney Ordinance Number. 3 of 3 International Building Code 8/13/04 r r CJUNCIL AGENDA SYNOPSIS r s y _Initials ITEM NO. J o 1 94 1 1 MeetingDate 1 Preparedby I Mayor's review 1 Comma review 1` t 1 8/9/04 1 MC)43 E .AG J/ru I c H' i 1 R /16/04 1 1 ..�4_ I.Tr� -!f. rsoa I I 1 I I I 1 1 ITEM INFORMATION CAS NUMBER: 04-112 I ORIGINAL AGENDA DATE: AUGUST 9, 2004 AGENDA ITEM TILE Approve Ordinance setting the water connection fees for any new development in the Duwamish neighborhood. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date M Date 8/9/04 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PeMt Police PT/ SPONSOR'S The City and Val Vue Sewer District completed the water, sewer, surface water and street SUMMARY improvements in the Duwamish neighborhood. Water connection fees for new development can now be set. Costs for the water construction equaled $397,543 and a total of 100 water connections are possible in that neighborhood. This sets the initial connection fee at $3,975.44 increasing 1% over 10 years. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/3/04 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Ordinance setting Duwamish Water Connection Fees ColvmlrI 1 E Forward to COW and then Regular for approval COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 403.01 WATER FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 8 /9 1Cn Discussed at COW; forwarded to 8/16/04 Req. Mtg. for adootion I 1 MTG. DATE ATTACHMENTS 8/9/04 Information Memo dated 7/27/04 (revised after UC) Ordinance I Map of Duwamish neighborhood boundaries 1 Qtittna Ordinance in final form. ve,` y0 r. t9oa City of Tukwila Washington Ordinance No AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, ESTABLISHING WATER CONNECTION FEES FOR THE DUWAMISH NEIGHBORHOOD; PROVIDING FOR SEVERABILITY; ......i. AND ESTABLISHING AN EFFECTIVE DATE. ax::i WHEREAS, upon completion of the Duwamish neighborhood revitalization project that installed water, sewer, surface water and street improvements, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the water utility; and WHEREAS, the water infrastructure construction was a joint project with the Val Vue Sewer District and was initially financed with a Public Works Trust Fund Loan; and Ya WHEREAS, the water lines meet Washington State Department of Health standards, including minimum water pipe diameter of eight inches; and WHEREAS, Duwamish water construction project costs totaled $397,543.74; and WHEREAS, the City has determined that there may be approximately 100 connections, both current and new, in the Duwamish service area, and has set the initial water connection charge at $3,975.44; and WHEREAS, the City Council desires that any new water connection should be assessed a proportionate connection charge, determined by the infrastructure construction cost and total number of potential connections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Duwamish Regular Water Connection Charges. A. Existing facilities in the Duwamish neighborhood which are connected to the water system on the effective date of this ordinance will not be assessed a water connection fee. B. Water connection for any new single- family connection in the Duwamish neighborhood will be assessed the following fees, which reflect a 1% increase per year in accordance with RCW 35.92.025: Until Charge January 31, 2006 $3,975.44 January 31, 2007 $4,015.19 January 31, 2008 $4,055.34 January 31, 2009 $4,095.89 January 31, 2010 $4,136.84 January 31, 2011 $4,178.20 January 31, 2012 $4,219.98 January 31, 2013 $4,262.17 January 31, 2014 $4,304.79 January 31, 2015 $4,347.83 Duwamish Water 8/13/04 1 of 2 C. The applicable water connection charge shall be paid before the City gives any final building permit approval. z Section 2. Service Area Boundaries. The Duwamish service area is bordered by the Duwamish River on the north and the east; East Marginal Way South on the west; and Interurban Avenue South on the south, as shown on Exhibit A. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk N APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Duwamish Water 8/12/04 2 of 2 II L> / Legend ~..~...., Exhibit A ~ w~,~ N Tentative A enda Schedule Auszust 2 9 16 23 Special Presentation: King County Library System-- Capital replacement bond SEE AGENDA measure-- 9/14 ballot PACKET FOR TI-lIS WEEK'S AGENDA Special Issue: Briefing on Comprehensive Plan amendments and Growth Management Act amendments recommended by the Planning Commission COMMl'l-l't~E OF THE WHOLE FOLLOWED BY A SPECIAL MEETING 30 5TH MONDAY OF THE MONTH; No Council Mt[~. Scheduled Se]Jt. 7 (Tuesday) 13 20 27 Public Hearing: 6th - ~ound Transit: Labor Dmd a) Unclassified Use Permit, (City offices Shoreline Variance, Design closed) Review; b) Council Authorization of Transit Guideway Approval. 8 (Wednesday) Regular Meeting (cont.) Public Hrg: Sound Transit (cont. from 9/7/04 mtg.) Oct. 4 11 18 25 y4 Stelg3' n tl ettpg: Qmununity Events =August 2004 s�Mondfl �knify `day ;)8 Wednesday. 1 19 Thursda 120' Fri -41:21 Sat,'_y Finance Safety, Utilities, 5 PM Parks Cmsn, Apt. Mgrs. Chipper Day CANCELLED 5:30 PM Network, NOON Tukwila Car Show City Council Regular, 10 AM PM 7 PM (S. 144th St. Hwy 99) MS.40 -s #24z 'I 5�11'easkay 26:`PfiITAIII} ie N,Kr tri:4 28 gat= 1 Transportation, 5 PM Community Planning Affairs Parks, Readiness Commission/ First Aid and CPR City Council COW, 5 PM Board of training classes. 7 PM Architectural Call Fire Dept. Tukwila Citizen First Aid and CPR Review, 7 PM 206 -575 -4404 for Patrol, 7 PM training classes. information. Call Fire Dept. 206 -575 -4404 for information. IR Court Jury Readiness notations are made to alert City of Tukwila employees /citizens of potential parking difficulty only. ➢Apartment Mgrs' Network Lunch (3rd Thurs), NOON. (brine own lunch) TCC, contact Robbie Burns 206 242 -8084. Arts Commission (1st Tue), 5 PM. TCC. contact Kimberly Matej 206 767 -2342. Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Dispose of prunings /plant materials from the Longhomed Beetle quarantine area. Drive your truckload of materials to the parking lot and we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID w /quarantine area address. City Council Committee of Whole (COW) Meeting (2nd 4th Mon).. 7 PM. Council Chambers. City Council Regular Meeting (1st 3rd Mon). 7 PM. Council Chambers. Civil Service Commission (2nd Mon), 5 PM. Conf Rm #3, contact Bev Willison 206 433 -1844. >Community Affairs Parks Committee (2nd 4th Tues), 5 PM. Conf Rm #3. ➢Community Oriented Policing Citizens Adv. Brd (COPCAB) (2nd Wed).. 6:30 PM. Conf Rm #5. Marja Murray 206- 433 -7175. ➢Domestic Violence Task Force (3rd Th), Noon -1:30 PM. Conf Rm #5. Evie Boykan 206 433 -7180 or Keith Haines 206 433 -1827 (no August meeting, next regularly scheduled meeting in September). ➢Equity Diversity Commission (1st Th), 5:15 PM. Showalter Middle School Library. call Lucy Lauterbach 206433 -1834. Finance Safety Committee (1st 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 Evie Boykan 206- 433 -7180. Human Services Providers.. 11:30 AM: 3/19, 6/18.9/17. 12/3 (tentative). TCC, call Evie Boykan 206- 433 -7180 (next mtg scheduled for September 17, 2004). Library Advisory Board, (2nd Tues), 7 PM. Foster Library. call Bruce Fletcher 206 767 -2343 (no August mtg, next mtg in Sept.). Parks Commission (3rd Wed), 5:30 PM. TCC Sr. Game Rm, contact Kimberly Matej 206 767 -2342. Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th), 7 PM. Council Chambers, contact Wvnetta Bivens 206 -431 -3670. Sister City Committee (as needed), Conf. Rm #3, contact Lucy Lauterbach 206 -433 -1834. Transportation Committee (2nd 4th Mon), 5 PM. 6300 Southcenter Blvd. Conf Rm #1. Tukwila Government Affairs (SWKCC) (1st Tue), Noon. Chamber Offices, contact Nancy Damon 206 -575 -1633. Tukwila Citizen Patrol (4th Mon), 7 PM. TCC, Everett Parr 206- 762- 9219/Roy Steinauer 206 243 -9191, Tukcp @hotmail.com. Utilities Committee (1st 3rd Toes), 5 PM. 6300 Southcenter Blvd. Conf Rm #1; 8/17 Mtg.: a) Metro King County sewer rate pass- through for 2005; b) Bid award -'04 small drainage program; c) Bid award -Fort Dent stormwater pump station #I9 drainage improvements; d) Construction services supplement -Fort Dent stormwater pump station #19 drainage improvements; e) Sept '04 Hazelnut articles.