HomeMy WebLinkAboutReg 2004-09-20 COMPLETE AGENDA PACKET Tukwila City Council Agenda
· lo REGULAR MEETING o:o
k~'~''~7/~ Steven M. Mullet, Mayor Councilmembers: · Pam Carter · Joe Duffle
Rhonda Berry, City Administrator · Dave Fenton · Joan Hernandez
Jim Haggerton, Council President · Pamela Linder · Dennis Robertson
Monday, September 20, 2004; 7 PM ·Ord #2060 · Res #1559
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL a. Recognition and introduction of officials and visitors from Ikawa, Japan.
PRESENTA- 1) Presentation of City of Tukwila flag.
TIONS 2) Presentation of proclamation. Pg. 3
b. Oath of office administered to new Tukwila Police Officer Terry Young.
c. Introduction of:
1) Mike Ronda, Project Manager, Public Works Dept.
2) Lisa Verner, Project Coordinator, Dept. of Community Development.
d. Tukwila Valley South Project briefing: Lisa Vetoer, Project Coordinator. Pg. 5
3. PROCLAMATION/ A proclamation designating September 25, 2004, as a Pg.11
APPOINTMENT "Day of Concern for the Hungry.'
4. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda.
To comment on an item listed on this agenda, please save your comments until
the issue is presented for discussion.
5. CONSENT AGENDA Approval of Vouchers.
6. UNFINISHED a. Sound Transit Issues (continued from 9/13/04 Special Meeting):
BUSINESS ~ Please bring staff report binders distributed 8/20/04. ~
1) Findings and Conclusions on Unclassified Use Permit, Pg.13
Shoreline Variance and Design Review (quasi-judicial).
2) Proposed ordinance authorizing Mayor to execute a Development and Pg.25
Transit Way Agreement (legislative).
(Please refer to 9/7/04 and 9/13/04 agenda packets.)
b. Briefing on natural environment Comprehensive Plan amendments and Pg.27
sensitive areas ordinance revisions. ~ Please bring notebook labeled
"Natural Environment and Sensitive Areas Ordinance. ' ~
7. NEW a. An ordinance granting Level 3 Communications, LLC, a non-exclusive Pg.37
BUSINESS franchise for the purpose of constructing, operating, and maintaining a fiber
optic telecommtmications system in certain public rights-of-way in the City.
b. Authorize Mayor to sign a consultant contract with Asset Analytics in the Pg.53
amount of $25,500 for work related to the Tukwila fiber network.
c. Cotmcil motions - budget issues: Pg.63
1) Authorize $400,OOO transfer to 411Fund- Foster Golf Course from General
Fund - 000.
2) Authorize establishment of 503 Fund - Insurance (LEOFF).
8. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
9. MISCELLANEOUS
- 10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by
calling the City Clerk's office 206-433-1800/TDD 206-248-2933. This notice is available at www.ci. Tukwila.wa.us, and also in
alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped.
....... Tukwila, Washington
PROCLAMATION
WHEREAS, the City of Tukwila and the town of Ikawa-cho have
shared a Sister City affiliation for twenty-five years; and
WHEREAS, the City of Tukwila is honored by the visit of 46
visitors, including the Mayor and two City Council members; and
WHEREAS, Ikawa and Tukwila share many attributes, including an
understanding and appreciation of other cultures, other peoples, and
international sharing; and
WHEREAS, this visit and this relationship represent one that
Tukwila hopes will extend long into the century as representative of the
closeness and friendship between two people that can spur world
understanding and peace;.
NOW, THEREFORE, I, Steven M. Mullet, Mayor of the City of
Tukwila, do hereby proclaim our sincere appreciation to our Sister City of
Ikawa-cho, Japan, and to all its citizens, to whom we offer an open invitation to
consider Tukwila your second "home away from home" at any t'tme in the
future, and extend the thanks and best wishes of the Mayor, City Council, and
citizens of the City of Tukwila.
Signed this day of ,2004.
Steven M. Mullet, Mayor of Tukwila
Briefing on Tukwila Valley South project
September 20, 2004
Lisa Verner, Project Coordinator
INFORMATION MEMO
To: City Council
CC: Mayor Mullet
From: Lisa Verner, TVS Project Coordinator
Date: September 15, 2004
RE: Periodic Update on TVS Project
This is the first of periodic updates on the TVS Master Plan and Annexation project. This memo
will provide a brief overview of recent and current activities; I will be available at the COW
meeting on September 13 to answer any questions you may have. For ease of discussion, I will
use the term "Segale" to mean the Segale representatives and consultants.
Background Information
The Segale property is 498 acres, with approximately half within the current city limits and the
other half in King County. A Master Plan, Development Agreement and Annexation are the
proposed actions.
Sue Carlson and Mark Segale are the primary Segale representatives. They have hired
CollinsWoerman as the design team for the project. Over the past 10 years, C/W has been the
lead urban design firm for many of the major developments in the Puget Sound Region. South
Lake Union, Microsoft's Redmond Campus, Port Quendall, Port of Seattle's North Bay and the
City of Bellevue's Downtown Plan Update are just a few of projects they have been involved in.
They specialize in large parcels that need to be organized for development over a number of
years. Other key members of Segale's consulting team include firms that have extensive
experience in designing systems and infrastructure improvements for large master planned
projects in the Northwest.
Numerous team meetings and strategy sessions were held to determine the unique characteristics
of the site and its development potential. Immediately obvious to the team were the following
site characteristics:
Proximity to SeaTac Airport
15 minutes to Downtown Seattle and Bellevue
20 minutes to University of Washington and Fred Hutch Research Center
Location next to 405 and I -5
500 acres
Largest undeveloped parcel under one ownership on I -5 corridor in King County
After looking at the site characteristics it became clear to Segale that developing this property for
more industrial warehouses would not be the highest and best use for the property. The property
deserved to be thought about in a different context. After nearly a year of meetings, market
research and strategy sessions the following project description/vision statement was developed
to guide the thinking through the design phase of the project:
VISION:
The project is intended to create a viable employment and commercial hub
that will include emerging technology industries such as biotechnology
and biosciences, research centers, computer and software products and
services, advanced telecommunication products and services, and other
similar advanced technology. Market research studies indicate that these
industries prefer to locate in large -scale campus settings that include a
wide range of complementary retail, commercial, and residential uses.
Segale's decisions regarding the road alignment, infrastructure and land use models were
oriented to achieving the vision. For instance Segale's decision to move the alignment of the
road to the west against the base of the hill was made after meeting with members of Microsoft's
facilities department about what criteria they would have if they were building a new
headquarters facility today. One of Microsoft's major issues was a good transportation system
that connected to their campus, but did not bisect it. Ending up with large parcels of land that
could be developed in the most flexible manner possible became a priority.
Proiect Accomplishments 2003 to mid 2004
Project Management:
A project manager was hired and began working on organizing all of the City's efforts, ensuring
that deadlines are met, questions answered and decisions made. The City also reallocated a staff
person's time in the public works department to work on the project. Ryan Larson has been very
helpful in answering questions, looking up information, getting questions answered and setting
up meetings. Having these resources available has expedited the flow of information between
the City and Segale Properties.
Annexation:
The Mayor has worked hard to address the County's issues regarding the annexation and resolve
this issue, allowing the County to support the Segale annexation. Negotiations on a Pre
Annexation Agreement are continuing, and we expect an "Intent to Annex" petition to be
submitted this fall.
Comp Plan Amendments:
The Comprehensive Plan Amendments have been forwarded to the City Council for review.
Southcenter Parkwav Design and Engineering:
The City has moved forward with the design of Southcenter Parkway within the City limits and
Segale Properties has been working on the design and engineering of the road to the south of the
City limits. A value engineering workshop occurred in August. The TIB Grant application was
submitted.
Master Plan EIS:
A DS (Declaration of Significance) was issued on the Master Plan in July. A scoping notice for
the EIS was sent to agencies, neighboring jurisdictions and property owners. The Preliminary
Draft EIS and technical reports for the environmental review will be submitted to the City,
probably sometime in early November. We anticipate having the Draft EIS available for the
public by the end of the year.
Agency Meetings on Environmental Impacts and Mitigation:
City staff has participated in several state and federal agency pre application meetings on the
project. Response has been very favorable to the mitigation approach that the project will be
taking to address the unavoidable impact to sensitive areas.
Current Work
Financial Framework:
We are working on developing an approach to funding major infrastructure for the project that
relies on a combination of grants, city bonds and a contribution from Segale. A fiscal analysis
should be completed in October which will help us finalize a recommendation which will be
brought forward to Council as part of the Pre Annexation Agreement. Segale and the Mayor are
meeting with State Legislators regarding the possibility of state grants. We (and Segale) are also
exploring the possibility of federal funding to help offset infrastructure costs.
Master Plan:
We have given Segale a draft outline suggesting the topics to be addressed in its Master Plan (see
attached copy). The Master Plan will be submitted this fall. The EIS will be the environmental
document for it. Staff will take the Master Plan to the Planning Commission and City Council
for review. Ultimately, Council will be asked to adopt the Master Plan.
Schedule:
The schedule is flexible at this time, but the main actions for City Council are as follows:
Pre Annexation Agreement Nov, 2004
Draft EIS Jan, 2005
Final EIS April, 2005
Development Agreement, May, 2005
Master Plan
Annexation August, 2005
The dates are estimates and will be confirmed as we move through the Pre Annexation and Draft
EIS this fall (See attached page for Milestones/Deliverables).
Segale plans to begin construction on Southcenter Parkway Extension and site grade /fill in June,
2006.
Next Action for Council:
We anticipate bringing the Pre Annexation Agreement to Council this fall for review and
adoption, after reviewing the fiscal analysis and obtaining the Mayor's approval. This document
will spell out expectations on both sides and how we go forward.
PROPOSED OUTLINE FOR TUKWILA SOUTH MASTER PLAN
VISION STATEMENT
· What we are trying to achieve
· Purpose of the Master Plan and Relationship to Tukwila Comprehensive Plan
LAND USE
Types, locations, quantities, patterns of development, etc. (CP 9.1.3 and 9.1.5)
· Urban design principles (scale, bulk, spatial relationships, architectural concepts, etc.) (CPP
9.1.5)
· Shoreline uses and relationship to Shoreline Master Program (CP 9.1.3)
· Site preparation considerations (amount of cut and fill and locations)
NATURAL ENVIRONMENT
· Critical areas preservation, impacts and mitigation (steep slopes, wetlands, watercourses)
(CP 9.1.3 and 9.1.4)
· Fish and wildlife habitat protection (CP 9.1.3)
· Sensitive Area Master Plan designation
· Open space network (CP 9.1.3)
· Flood Protection (CP 9.1.3)
iNFRASTRUCTURE
· Transportation system improvements (streets, highways, public transit, non-motorized) (CP
9.1.3)
· Sanitary sewer system improvements (CP 9.1.3)
· Water system improvements (CP 9.1.3)
· Surface water system improvements (CP 9.1.3)
· Public safety (CP 9.1.3)
DEVELOPMENT TIMING
· Initial infrastructure improvements (description and rationale for doing it all "up front')
· Likely timing of development by type and location
· Timing transportation and other improvements to meet demand
Tukwila South Annexation
Milestones/Deliverables Target Date Actual Date
EIS Consultant Agreement executed July 04 July 04
DS/Scoping Notice for EIS issued July 04 July 04
Draft Pre-Annexation Agreement to City Council November 04
City consolidated comments on Pre-Draft EIS to December 04
consultants
Draft EIS issued January 05
City consolidated comments on Pre-Final EIS to March 05
consultants
10% Annexation Petition to City Council March 05
Final EIS issued April 05
Proposed Land Use Policy/Development Regulation April 05
package* to Planning Commission
City Council authorization to circulate 60% petition April 05
Planning Commission recommendations re: Proposed Land April 05
Use Policy/Development Regulation package* to City
Council
Council action on Proposed Land Use Policy/ May 05
Development Regulation package*, and 60% petition
Notice of Intention to Annex submitted to Botmdary June 05
Review Board
Annexation effective date August 05
*Proposed Land Use Policy/Development Regulation package to include proposed Tukwila South Master Plan, pre-
annexation zoning, shoreline program amendments, development code amendments and development agreement.
Tukwila, Washington
PROCLAMATION
WHEREAS the City of Tukwila recognizes adequate nutrition as a basic goal
for each citizen; and
WHEREAS, no parent should have to send a child to school hungry, no baby
should be without the comfort of the feedings needed for mental and physical
growth, no elderly person's health should be jeopardized by lack of appropriate
foods; and
WHEREAS, food banks, emergency and hot meal programs working with the
City of Tukwila, local churches, social service agencies, and hundreds of volunteers
are striving day in and day out to stem the rising tide of hunger, but still need more
help; and
WHEREAS, we believe that when the citizens who are not involved hear of
the especially desperate needs of the hungry as winter approaches and their Iow
incomes must stretch to cover increasing fuel, electricity and rental costs - leaving
even less money for monthly food purchase, an outpouring of community
assistance will follow; and
WHEREAS, the Emergency Feeding Program coordinates an annual food
drive to help support the efforts of their program and the area's food banks in
fighting hunger which will be held at grocery stores throughout King County;
NOW, THEREFORE, I, STEVEN M. MULLET, MAYOR of the City of
Tukwila, do hereby proclaim September 25, 2004, as a
Day of Concern for the Hungry
in the City of Tukwila, and encourage all citizens to join the Emergency Feeding
Program and our food banks to nourish those who are hungry.
Signed this day of ,2004.
Steven M. Mullet, Mayor of Tukwila
P COUNCIL AGENDA SYNOPSIS
O 7 ,61, y' Initia ITEM NO.
z i c 1%1
I Meeting Date 1 Prepared by 1 Mayor's review 1 Council review 1
a j 1 9/7/04 1 SL 1 I I
e I 9/13/04 1 SL
1908 1 9/20/04 SUltJI I�7m I
I 1
_.r._ ITEM INFORMATION 1
CAS NUMBER 04-126 I ORIGINAL AGENDA DATE: 9/7/04
AGENDA ITEM TITLE Public Hearing for Sound Transit's Unclassified Use Permit, Shoreline Variance
and Design Review ADOlications
CATEGORY Discussion Motion Resolution Ordinance BidAward X Public Hearing X Other
Mtg Date At Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 9/13/04
otr/na
SPONSOR Council Mayor
Adm Svcs X DCD Finance Fire Legal P &R Police PW
SPONSOR'S Sound Transit has filed three land use applications for construction of the Tukwila
SUMMARY Freeway Route Project, the Tukwila portion of the Central Link Light Rail. These
applications require City Council action at a public hearing.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Approval with conditions
COMMIT ILE Quasi- judicial action, no committee review
ICOST IMPACT FUND SOURCES
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source:
Comments: Sound Transit will pay Tukwila's standard permit application and plan review fees.
1 MTG. DATE RECORD OF COUNCIL ACTION
9/7/04 Public hearing held; public testimony received; deliberation to 9/13/04 Special Mtg.
9/13/04 Council deliberated and directed staff to develop 4 additional approval conditions
9/20/04
MTG. DATE ATTACHMENTS
9/7/04 Please bring staff report binders distributed 8/20/04
9/1/04 Memo to Council
Additional public comment and response to be inserted into binders
9/13/04 No attachments
9/20/04 Draft Notice of Decision
Plant list, legend and details for proposed revegetation areas
City of Tukwila StevenM. Mullet~Mayor
Depai-ii, ent of Communtty Development Steve Lancaster, Director
September 21, 2004
NOTICE OF DECISION
TO: Rod Kempkes, Applicant for Sound Transit
King County Assessor, Accounting Division
Washington State Department of Ecology
Agencies with Jurisdiction
Parties of Record
This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project
and permit approval.
I. PROJECT INFORMATION
Project File Numbers: L03-057 Unclassified Use Permit
L03-058 Shoreline Height Variance
L03-060 Design Review
Applicant: Sound Transit Central Link Light Rail
Associated Files: L03-049 Shoreline Substantial Development Permit
L03-059 Special Permission - Parking Determination
Comprehensive Plan
Designation/Zoning The trackway will pass through LI, MIC/H, MIC/L, LDR, C/LI, O, RCM, MDR,
District: and RC zoning. The South 154th Street Station and the north park-and-ride lot
are zoned RC.
Project Description
Sound Transit has filed land use applications for construction of the Tukwila Freeway Route Project (TFR
Project), the Tukwila portion of the Central Link Light Rail Project (see attached map). The TFR Project will
include 4.9 miles of trackway, 87% of which will be elevated, and 70% of which will be in Washington State
Department of Transportation right-of-way. A station is proposed at the southeast comer of the intersection
of Southeenter Boulevard and International Boulevard with a transit center, two park and ride lots (north and
south of Southcenter Boulevard), and street frontage improvements in both Tukwila and SeaTac. Along the
trackway five detention ponds, three traction power substations, street improvements and a bridge over the
Duwamish River directly west of the East Marginal Way South bridge will be built.
The TFR Project includes placing certain project facilities, such as the transit trackway columns, in
Tukwila right-of-way (portions of East Marginal Way S., 52nd Ave. S. and Southcenter Blvd.). To
mitigate the impacts of introducing these facilities into City right-of-way, the Sound Transit proposal
includes a number of safety features (curbs, sidewalks, lighting) as well as utility undergrounding and
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Notice of Decision by the Tukwila City Council
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
stormwater control along these roadways. A new signalized street intersection will be built where thc two
park-and-ride lot driveways intersect across Sonthcenter Blvd. (approximately 420 feet east of
International Blvd).
Additional Findings
In addition to the Tukwila Comprehensive Land Use Policy Plan goals, objectives and policies recited in
the Staff report, the following goals and policies are also relevant to this Unclassified Use Permit
proposal:
Residential Neighborhoods Goals and Policies
Goal 7.2 Noise Abatement - Residential neighborhoods protected from undue noise impacts, in order to
ensure for all residents the continued use, enjoyment and value of their homes, public facilities and
recreation, and the outdoors.
Prevent community and environmental degradation by limiting noise levels.
Discourage noise levels which are incompatible with current or planned land uses, and discourage
the introduction of new land uses into areas where existing noise levels are incompatible with
such land uses.
Discourage noise levels incompatible with residential neighborhoods.
The "Final Design Noise Analysis" (Staff Report Attachment Gl5) prepared by Michael Minor and
Associates (July 2004) and submitted by Sound Transit provides projected future noise and vibration
levels using 90 percent design drawings. The impact analysis and proposed mitigation included in this
analysis relate to existing development, and indicates, "New development and redevelopment along the
alignment are not mitigated by the project" (page 1).
The "Final Design Noise Analysis" proposes lwo alternative means of mitigating identified noise impacts:
noise barriers and residential sound insulation. Testimony provided by Sound Transit at the public
hearing indicated their assessment of costs and benefits was a significant factor in determining which
alternative mitigation strategy to propose.
The "Final Design Noise Analysis" identifies 25 buildings that will be impacted by light rail noise.
Proposed mitigation for 16 of these is through construction of noise barriers. Proposed tnitigation for the
remaining 9 structures is through a "residential sound insulation program" (RSIP). Two of these 9
residential structures lie within areas zoned for heavy industrial use, while the remaining 7 lie within
areas zoned for low-density residential use. The "Final Design Noise Analysis" refers to these 7
structures as receivers RS, R9A, R9B, R10, R11, R12 and R13.
The proposed residential noise insulation program will not mitigate light rail noise impacts received in
affected residential yards, nor will it mitigate impacts upon planned residential development.
The Final Design Noise Analysis documents that in addition to the noise impacts the TFR project will
create vibration impacts on 4 residential properties. The predicted noise and vibration levels at the
specified receivers are based on field measurements of similar light rail vehicles in use in the Portland
Tri-Met system. However local soil conditions as well as maintenance practices can affect the actual
noise and vibration levels of the TFR project in operation. A monitoring program would provide
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Notice of Decision by the Tukwila City Council
assurance that Sound Transit's obligation to mitigate noise and vibration impacts on Tukwila residents
has been met. Monitoring over a 3-year period would document conditions through the first rail
maintenance cycle.
Unless they are properly screened detention ponds can have a significant negative visual impact on their
surrounding areas. This is of most concern in residential areas where lots and buildings tend to be smaller
and there are higher expectations ofvisua! quality than in industrial areas. Staff report Attachment G. 12
shows the locations of the 5 detention ponds Sound Transit has proposed in Tukwila.
· Ponds 1 and 2 are located in industrial zones and set back from public streets.
· Pond 3 between Macadam Road and 1-5, north of 144th, is zoned LDR and is set back 25 feet
from the edge of pavement on Macadam. A combination of existing trees and new understory
shrubs is planned for screening. Sound Transit has proposed 1 gallon size trees at 15' spacing
and 1 gallon shrubs at 5' spacing. While the visual impact of the detention pond will be
immediate, it will take several years for that size plantings at that spacing to provide significant
screening. Larger trees and shrubs would provide quicker, more complete screening from the
road and nearby residences.
· Pond 4 at 146th Street and I-5 is zoned Office, is 80 feet from the nearest residence and
surrounded by a wetland on two sides.
· Pond 5 at 151st Street and 52nd Avenue is zoned Office and is set back 45 feet from the 151st
Street R-O~W. No existing trees will be retained in this setback area, instead Douglas fir and
Western Hemlocks with associated understory plantings are proposed for screening. The pond
will have some visibility from the streets and the second story of the residence directly to the
south until these plantings grow significantly. Larger trees and shrubs would provide quicker,
more complete screening at this location as well.
Sound Transit is in the process of developing a system-wide Systems Security Plan (SSP) through a Security
Task Force that includes representatives from the Tukwila Police Department. The final SSP will require the
concurrence of the Tukwila Police Chief. Initial procedures and staffing levels will be based on a Threat and
Vulnerability Study. Day to day security on the Link Light Rail line and at the 154a' Street Station will be
provided by a private company under contract to Sound Transit. Sound Transit will also contract with Metro
to provide Police services so that Metro should provide the first response to calls for service at the Station.
Long term security of the light rail system will require periodic evaluation &security levels by all parties and
adjustment of the SSP to address changing conditions.
H. DECISION
SEPA Determination
The Sound Transit SEPA responsible official has previously determined that the project creates a
probable significant environmental impact and required preparation of an Environmantal Impact
Statement. Sound Transit has submitted copies of thc Central Link Light Rail Transit Project Final
Environmental Impact Statement (FEIS), the Tnkwila Freeway Route Final Supplemental Environmental
Impact Statement (FSEIS) and Addendum, and the Initial Segment Environmental Assessment (hereafter
called "Environmental Documents").
The City's SEPA responsible official has determined that the Environmental Documents are fully
adequate and in compliance with SEPA and that, in accordance with WAC 197-11-600, they may be used
unchanged for the City's decisions on the Unclassified Use Permit, Shoreline Variance, Design Review,
and all other permits and approvals required by the City for Sound Transit's Link Light Rail TFR Project,
as proposed by Sound Transit.
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Notice of Decision by the Tukwila City Council
Decision on Substantive Permits
The City Council has determined, following an open record hearing, that the applications for an Unclassified
Use Permit, Shoreline Height Variance and Design Review approval comply with applicable City and state
code requirements and has approved those applications and proposed code modifications, subject to the
following conditions, based on the findings and conclusions contained in the staff report (and expressly
incorporated by reference into this notice) and this Notice of Decision.
Specific Zoning Code modifications approved pursuant to TMC 18.66.030:
1. The TFR Project shall not be subject to Zoning Code setbacks or height limitations. These
regulations were drafted to regulate typical commercial and residential development and were not
intended to apply to transportation improvements such as light rail or freeways.
2. Parcels which cannot comply with Zoning Code landscape standards due to the TFR Project
vegetation clear zone requirements shall not be considered non-conforming to landscape standards.
3. Perimeter landscape requirements at the station and north parking lot sites may be modified in order
to maximize the efficiency of the sites as long as the total required square footage of landscaping is
provided.
L03-057 Unclassified Use Permit Conditions:
1. Within four months of groundbreaking at the South 154th Street Station site, Sound Transit shall
construct either a temporary or permanent noise wall along the eastern edge of the lot.
2. If Sound Transit chooses to use the north parking lot as a temporary construction staging area,
Sound Transit shall construct a temporary noise wall along the northern and eastern edges of the lot
as approved by the City.
3. Prior to issuance of the building permit for the South 154th Street Station or north parking lot,
Sound Transit shall demonstrate that the lighting plan will meet Illuminating Engineering Society
of North America (IESNA) guidelines as approved by the City.
4. Sound Transit has proposed to retain areas of existing landscaping to provide screening of detention
ponds and buffering of residences as shown on Attachment C. In the event that these existing trees
and plants do not survive the construction of the TFR project, Sound Transit shall replace them
according to the schedule at TMC 18.54.130(3) prior to issuance of an occupancy permit for the
South 154th Street Station.
5. The size of the landscape screening materials that Sound Transit has proposed to plant along the
west and north sides of detention pond 3 and between detention pond 5 and 15 1st Avenue South
shall be increased. At least half of the shrubs shall be increased from 1 to 3 gallon containers and at
least half of the trees shall be increased from 1 to 5 gallon containers.
6. Sound Transit shall design and construct noise walls on the elevated trackway to mitigate light rail
noise impacts on residentially zoned property where projected noise levels exceed the FTA noise
criteria as identified in the Final Design Noise Analysis dated July 2004. At receiver 8 the
currently planned wall shall be extended and a continuous noise wall shall be constructed between
receivers 9 A, 9 B, 10, 11, 12, and 13 as identified in Appendix E of the noise report.
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Notice of Decision by the Tukwila City Council
7. Sound Transit shall develop a 3-year noise and vibration monitoring program for the TFR Project to
be approved by the City. The 3-year period shall start from the start of revenue service. Monitoring
shall be conducted at representative locations where impacts and mitigation have been identified in
the Final Design Noise Analysis dated July 2004. If measured levels show that noise or vibration
attributable to the TFR project exceed FTA criteria as identified in the Final Design Noise Analysis
Sound Transit shall provide appropriate reasonable mitigation acceptable to the City.
8. The Systems Security Plan (SSP) referenced in the August 11, 2004 concurrence letter (staff report
Attachment G. 5) shall be subject to the approval of the Tukwila Police Chief and include a
requirement for all parties to the Plan to periodically evaluate the security at the Station and along the
trackway. Ifa security problem is found the SSP shall include a process for Sound Transit to remedy
the problem with the concurrence of the Tukwila Police Chief.
L03-058 Shoreline Variance
Staff recommends approval of a shoreline height variance to allow an increase in height from 35 feet to
50 feet above the ordinary high water mark for the TFR bridge over the Duwamish River.
L03-060 Design Review
Staff recommends approval of the station building, landscape design, site layout, and furnishings as
reflected in the attachments to this report. The South 154th Street Station signage is not covered by this
permit and will require separate applications and approvals. Three minor modifications are anticipated to
the Station site:
A slight realignment of the driveway;
Addition of a City Light substation at the northeast corner, and
Changes to the lighting plan to meet IENSA standards.
These and other minor changes should be subject to administrative approval by the appropriate Tukwila
department director.
The Decision on this Application is a Type 5 decision pursuant to Tukwila Municipal Code {}18.104.010.
Other land use applications related to this project may still be pending.
III. YOUR APPEAL RIGHTS
No administrative appeal of the City Council Decision is permitted.
Any party wishing to challenge the City Council Decision must file an appeal in King County Superior Court
pursuant to the procadures and time limitations set forth in RCW 36.70C. An appeal challenging an EIS
may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior
Court within such time limit, the Decision on this permit will be final.
IV. INSPECTION OF INFORMATION ON THE APPLICATION
Project materials including the application, any staff reports, and other studies related to the permits are
available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd.,
Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The
project planner is Nora Gierloff, who may be contacted at 206-433-7141 for further information.
5
Notice of Decision by the Tukwila City Council
Property owners affected by this decision may request a change in valuation for their property tax purposes.
Contact the King County Assessor's Office for further information regarding property tax valuation changes.
Mayor Steven Mullet
City of Tukwila
Parties of Reeord Agencies with Jurisdiction
Keith Neal Washington State Department of Transportation
Gordon Allen Seattle City Light
Greg & Vanessa Zaputil Federal Transit Administration, Region 10
Eric Schweiger Puget Sound Regional Council
Michael P. Griffin US Army Corps of Engineers
Chris Arkills/Dwight PelzKC Council Washington State Dept. of Fish and Wildlife
F. Wayne Stollatz U.S. Environmental Protection Agency
Tuong van Tran
Scott Luke
Pauline Tamblyn SPEEA
Mark Maio
Stephenie Kramer OCD Office of Archaeology
Melvin Easter Johnson Braund Design Group
Jennifer Mackay SPEEA
John Niles CETA technical director
LeAnne Bremer Miller Nash LLP
Roger Lorenzen
Norma Larson
Craig Ward City of SeaTac
Jack Lattemann King County METRO
Tony Carosino
Anna Bernhardt
Peter Coates
Hal Cooper
Mary Loiselle
6
Notice of Decision by the Tukwila City Council
REVEGETATKIN ZONE LEGEND
STANDARD REVEGETATION SENSRIVE AREA REVEGETATION DUWAMISH REPLACEMENT TREES
li p ST STANDARD TREE WETLAND BUFFER DU DUWAMISH UPLAND BOTANICAL/COMMON NAME
04,675 SF' 4 g77
UT O O UT TREE BUFFER DU 4! sr
25X 55,776 SF 25%
50% DOUGLAS RR 50% SUKA SPRUCE ACER RUBRUM/RED MAPLE
50% W. HEMLOCK 25% 50X BLACK COTTONWOOD
SO% DOUGLAS FIR PSEUDOTSUGA MENZIESSIV
75% 50% W. HEMLOCK 75X DOUGLAS FIR
ZOX NNE MAPLE 50X PACIFIC CRABAPPLE
15% OREGON GRAPE 75% 50% SNOWBERRY ACER TRUNCATUM z ACER PLANTANOIDES 'KIETHSFORM'
15% INDIAN PLUM 20% VINE MAPLE
20% SNOWBERRY 15% OREGON GRAPE P DL DUWAMISH LOWLAND SUNSET IB 20% EVERGREEN HUCKLEBERRY 15% INDIAN PLUM DL 6 7 8 6 SF TSUGA HELEROPHUL.LA/
10% SWORD FERN 20% SNOWBERRY WESTERN HEMLOCK
20% EVERGREEN HUCKLEBERRY 50% RED -OSIER DOGWOOD
13 SS STANDARD SHRUB 10% SWORD FERN 50% HOOKER'S WILLOW
d i e 64,688 SF
,1 T� ,US -A UPLAND SHRUB BUFFER -A
2OX SALAL US--A L 64.051 SF
15X OREGON GRAPE &Yr
15% INDIAN PLUM 20% SALAL
20% SNOWBERRY 15% OREGON GRAPE
20X EVERGREEN HUCKLEBERRY 15% INDIAN PLUM
�-y 10% SWORD FERN 20X SNOWBERRY
f SH STANDARD I*DROSETD 10% SWORD FERN UCKIFB£RRY
k �'J j US —B El;) 68.632 USLAND SHRUB BUFFER -B
50X SALAL
50% LOW OREGON GRAPE
WS WETLAND SHRUB
WS 16.355 SF
20% RED -OSIER .,w.,,..,3
20% NINEBARK
20% PEAFRUIT ROSE
20% SALMONBERRY
20% SrTKA WILLOW
RIPARIAN(STREAM) BUFFER
RT RIPARIAN TREE
RT 9.915 SF
255
25% BLACK COTTONWOOD
25% PACIFIC WILLOW
50X WESTERN REDCEDAR
75%
505 SALMONDERRY
50X DMA WILLOW
v v RS-A RIPARIAN SHRUB -A
RS —A vv v 33.781 Sr
v
20% RED -OSIER DOGWOOD
20% NINEBARK
20% PEAFRUIT ROSE
20% SALMONBERRY
205 DMA WILLOW
RS -8 RIPARIAN SHRUB -8
RS —B 15.906 SF
50X SALMONBERRY
50% PEAFRUIT ROSE
5
1Defipnee BY Scel,
11 1111111.— I K. KIEST .`P� KAREN KIEST/LAND^I ARCHITECTS AS NOTED LINK LIGHT RAIL PR
prow BY Hatc Matt I IDI c PIKE ST WA 90122 r� noncom SOUTH CORRIDOR
M.KOSK I HARJA nn MacDonald 555�57�D62.dwg
rheek.e HY y y ,9 PH 200.32.3.6032 /FAX 206.324.6930 CenVact No.:
I 1 t 0 K. K 1 EST f. I`' ,,.A{ SOUND TRANSIT C 755 S I TE RESTORATION
11Appre 6Y ICI I 0 I 5abmIltee: Dote: IA/proved: E Date: Oat:
7 PLANT LIST k NT1Tre
off* SF TOTALS PLANT LIST TOTALS
op TtEVEGETATION
spkiDARD QTY COMMON NAME BOTANICAL NAME SIZE SPACING
TREE 1.17 UPLAND TREE BUFFER
01,05 TOTAL 55,775 DU DIAIIAMISH -UPPER 963 DOUGLAS FIR PSELOOTSUCA LENZIESI I GAL 5' MIN.
963 W. HEMLOCK TSUGA HETEROPHYLLA GAL
�j96 UT1 1.511 DU 4.977 60 BLACK COTTONWOOD POPULUS BALSAM. SSP. TRICH. GAL 5' 5' 51111.
MIN.
;:831 1.1T2 6,094 DL OUWAP941 -LOWER 30 PACIFIC WILLOW SALIX LUCIDA GAL
06 UT 3, 59 WESTERN REDCEDAR THWA PLICATA GAL 5' 111N
13,62'1 UT4 2,120 20 0L MIENS 6.786 30 51TKA SPRUCE PICEA SIENSIS GAL
90 PACIFIC CRABAPPLE MALUS'FUSCA GAL. 5' 91N.
;R7
UT6 9,175
010 UT8 7,356 1155 VINE MAPLE ACER CIRCINATIN GAL 5
40 1119 6.927 1793 OREGON GRAPE MAHON14 AQUIFOLIUM GAL. 5'
Uf10 5.470 LU
1793 INDIAN PM OF]LLERIA CERASI FORM IS GAL 5'
P3, UT11 1,068 2481 SNOWBERRY SYMPIORI ALBS GAL 5'
pu1O 11112 9,478 2391 V. HUCKLEBERRY VACCINW DATUM GAL 5'
.v07 4198 SWORD FERN POLYST I CHUM MIIM I TUN CAL 5'
439
US-A UPLAND SHRUB -A 2888 SALAL GALLTNER1A SHALLON GAL 5
:,tom TOTAL 54,051 1652 LOW OREGON CRAPE MAFIONIA NERVOSA GAL
644 RED -OSIER DOGWOOD CORNS SER. SST SER10EA GAL.. 5
6392 US-A1 2.228 481 HIIEBARK PHYSOCARPUS CAPITATUS GAL 5 GAL 5'
91 US-A2 505 1042 SALMONBERR ROSE Y SALM P ONBERRY A GAL. 5'
31 5,015
,688 US-A4 2.543
660 S1TKA WILLOW SALIX SIT0401SIS GAL 5'
US-A5 44,972 163 HOOKER'S WILLOW SALTX HOOKER IANA LIVE STAKE. 5'
Tile 3341 US-A7. 569 3' D I A., 4' LONG
693 REPLACEMENT TREES
1,198 US-B UPLAND SHRUB -B
2
28 160 TOTAL 68.832 0TY BOTANI0A& C0MMN FAME SIZE
73
3,151 US-81 12.563
2.781 US -82 4.745 41 ACER RUBRUM/RED MAPLE 2.5" CAL
US-B3 13.256
STANDARD SHRUB US-84. 737
18181 8 8 US- 37 452 1 PSEUDOTSUGA MELRWESS9/ 3' CAL.
1, DOUGLAS FIR
5,121 Uhl UPLAND HYDROS® 10 ACER TRUNCATUM x ACER PLAI4TANOIDES 'KIETHSFORM' 3' CAL
11154 TOTAL 47,905 NORWEGIAN SUNSET MAPLE
18,442
1.774 UH1 28.068 7 MCA HETEROPIp1LLA,/ 3' CAL.
1.506 UH2 4.716 WESTEFTN HEMLOCK
791 1.945 3,831
1,459 044. 737
3,401 U45. 452
1 10,743 UH6 10,101
MORE
WS WEND SHRUB
WS1 2,503
WS2. 312
WS3 5,105
WS4. 842
WSS 1,310
WSS. 385
WS7 2.895
ITT RIPARIAN TREE
9,915
RT1. 775
RT2 9,137
RS -A RIPARIAN SHRUB -A
33.781
RS-A1 8.554
RS -A2 10.361
RS-/3 3,978
RS -44. 965
RS -A5 9,923
RS -B RIPARAN SHRUB -B
TOTAL 15,908
RS -B1 2,117
RS -82 7.940
RS-83 5,851
1 1 Descre0 Ix SHAW ,1 MIT RAIL
ir 1 K. KIEST ,�F� KAREN AIGMITECTS AS No TEO L INK L I GH 1 RA I
Hatch SOUTH CORK 1
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�„I 1 1 1 prdrcd Bp J PH 266.323.0032 /FAX 206.3:4.0030 CanVxl Ns.:
I 1 1 K. K IE5T( ,ik SOUlYATR/i11IQT c 755 SITE RESTK>i2AT I
7 IAov 8,,, swmnam �Dat. IAPprewc �Dola I001c PLAN7 L NG DETA I
I 2/19/04
4, PLANE ISHRte)
LOC ATION TYPICAL
p THAN AVERAGE SCATTER PLANTS 50
PLANTING WITHIN v' IFIED I0IMS 1 E R SCAT PLANTING GRID E7(IST I NG VEGETATION FOk TYPE AND DEPTIL)
Hl-.:: �l! {`i��f7�. S�ARIFIm SI,BIiYGDE TYPICAL CM (ON CENTER) PLANTING GRID
PLANTING AREA WEED EDGE OF BED
a s AtiaNS i %E NOTED ON P •i'
a�e 9 ED 9 9 PLANTING AREA INaIAES IV GROUP SHRUBS
Y SPACING ENTIRE GROUND SRFACE SF]CFIDN
;S..% T SEE SPECIFICATIONS SURFACE TREE. T.
COVER BETWEEN PLANT$, 7.1) SEE SP£CIF IPI EN IONS Na�6 LOCATE SHRU PLANTS SPACED EQUAL Q ISTANCE u v 1ST I VEGETATION AS SHOWN. ON WI.
D 42 NOTED P
V ®-•-f9 SEE SETBACK CHART
-347 2 N NA MDT 1• r
lK 1", D AS D AS NOTED ON PLAN. L 0
«SS 1 ._i APPLY MIN. I' LAYER OF SHREDDED 1' r�
N6I155160 7ROLIg N
D) BA NIRCN IN
It.
y UNTANGLE MATTED ROOTS BY
+PLANT SPACING 3 LOOSENING N.I. ROOTS AT EDGE OF
5
�_SARRIER. GUARDRAIL, SIDETMALK R00110 1. WITH WATER FROM NOSE. RAMDONLY Mix PLANT SPECIES
OR EDGE OF SHOULDER U FERTf417ER REW FOR
PLANT TYPICAL SERt1.9 PLANTING DETAIL 5905ET PLANTS TO AVOIO SIRAIGHT ROWS
ING AREA GENERAL LAYOUT 8 SETBACKS 7 RESTORATION PLANTING: EOVAL SPACING LAYOUT RANDOM PLANTING PATTERN
157-1264 415 LS� 4 I.ITS 157-1064
STEP I STEP 2 STEP 3 STEP 4 STEP 5 ST 6
PUCE INCORPORATE PLACE INSTALL PLACE
1 501E TO v PANT BARK t
AMEND. DEEP 1' DEEP MULCH
2' DEEP 2• ---EXISTING GRADE
VARIES)
ti� CUT C�
(IA I: ,,,I 51 gal .12119CIREllh FINISH GRADE
r 4 t -,'A PLANT MATERIAL SETBACK CHART
F I.WEDRAIL 19 0C 5 DOSING AIRE CATCH BA UND I51ES R
ED O ACCESS D OOR, SICNLL. PCR£ E TR I vEGETATDN I BOTTOM OF I V 211059 5 OR
a I Q I I G EDGf OF I NOISE WALL VTLRY BO%E SIGN POST, I TRU NK I INSIS I LUMIN I DITCH I DRUNACE
`�S� H t� v ROADWAY FENCE CATE III 11 1
i 1 �i 4 v im✓
fi�'i i• i, TREE REEK T SEEE DET AIL 1 10' 15' 1 75' I 10' 20' 10' I to'
1PREPARAT ION SEQUENCE OF WORK (SECT V IEW) 4 I SHRUB 70' 5' S' B' 6' 70' S' 1 S'
157 -1554
T)��� I 10.•4640 lb, sea.: a-.a Na
1 1 K. N ZEST �P KAM KIIMIA.A IDSCAPC ARV/TEM Vil I AS NOTED 1 LINK LIGHT RAIL PROJECT 4
L ?�_'`>i�� pre. BS �'K Hatch Mott 1101 c PIKE 17137-0114 WA 00I22 FS"a"•' SOUTH CORRIDOR
k. I N.KOSKI -HA RJA 0ets M acDonald
n..
row: 5r.
K. K rN 201.52SW31 TA R 20 632MEJO '.owm Na: Snood Ne.: T51� SOUNDTRANSIT I G 755 SITE RESTDRATIO
10005... 0 d i 5rw.m.a: r r r 1296 RA
n 1 I 2/19/04 PLANTING DETAILS
A
GU DEWAY rfP 4'
I
.1
11 I JIM
ri APPROXIMATE D I SPERAL PATTERN
4
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FROM ELEVATED TRACK, REFER
Q.
25 I
TO CIVIL DRAW I NGS FOR
Cr
LOCAT I ON AND DETA
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I
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APPLY COARSE MULCH
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I .„..=r6tagml
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(7\ PLANTING MULCH AT L ID DISPERSAL AREA
SCALE ir= I '-0 L57- LD66 SCALE: )r= I 1 0" L57-L056
tUNCIL AGEN SYNOPSIS
O is. NZ' Initials ITEM NO.
i .J t, 1l I 1 7 1 Meeting Date Prepared by 1 Mayor's review 1 Council review 1
\ten t ti, I 09/07/04 I BLS PO 1 ,44(.1" I `7fro Al 1
q' I 9/13/04 1 I ---(4c_ L 7'?m /r 1
taps 1 9 /z0104- 1 BiS I( stAtfr 1 1?,r H 1
1 1 1 I
ITEM INFORMATION
CAS NUMBER: 04-127 'ORIGINAL AGENDA DATE: 9/7/04
AGENDA ITEM TITLE Public Hearing for a proposed Development and Transit Way Agreement with Sound
Transit and an ordinance authorizing the Mayor to execute that agreement.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing tin Other
Del iberatio1
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mts Date 9/7/04 Mtg Date 9/13 /0 I
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PIY/
SPONSOR'S Sound Transit seeks the City's approval for permanent use by the light rail system of
SUMMARY various City streets and rights -of -way. The City has statutory authority to impose
reasonable permitting and mitigation conditions on the Link Light Rail Tukwila Freeway
Route Project. A public hearing must be conducted on the Development and Transit Way
Agreement that has been prepared to establish development standards, define mitigation,
and consolidate permit and environmental review processes.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Hold the public hearing and approve the agreement and ordinance.
Cowin I7EE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
9/7/04 Public hearino held: nuhlic testimonv received; deliberation to 9 -13 -04
Special Meeting
9/13/04 Council deliberations held; findings of:fact,proposed'andaccepted
MTG. DATE ATTACHMENTS
9/7/04 Informational Memorandum
Proposed Development and Transit Way Agreement
Ordinance Authorizing a Development and Transit Way Agreement
Memorandum from Mike Kenyon, Attorney, dated September 2, 2004
-with attachments showing "minor amendments" to the proposed agreement.
9/13/04 Ordinance
Amended version of Development and Transit Way Agreement
9/20/0¢ lJd a tta,chrrrth&
CO UNCIL A G ENDA ._qYNOPSIS
i ~ .................................. Initials ................................. ITEMNO.
Meeti#~ Date Prepared ~ . Mqyor's review Council rede?
0g/20/04 cpl(~9 ~ ~,~/-~/,
CAS NUMBER: 04-130 r ORIGINAL AGENDA DATE: 9/20/04
AGENDA ITEM TITLE Briefing on Natural Environment Comprehensive Plan Amendments and Sensitive
Areas Ordinance revisions
CATEGORY [] Discussion [] Motion I[~ Resolution[] Ordinance [] Bid ~l~vard [] Public Heaffng [] Other
Mtg Date Mtg Date Mtg Date [Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR [] Co.nm [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Legal [] P~R [] Police []
SPONSOR'S Brief the City Council on proposed amendments to the 1995 Tukwila Comprehensive Plan
SUM~R¥ affecting the natural environment and a major reorganization of TMC 18.45, Sensitive
Areas Ordinance and proposed revisions to comply with requirements of the Growth
Management Act. These revisions are recommended by the Planning Commission.
REVIE~VED BY [] COW Mtg. [] CA&P Crate [] F&S Crate [] Transportation Crate
[] ut~des Cmte [] ~t~ Co~. [] ?a:~s Comm. [] ?lanm~g Comm.
DATE:
RECOMMENDATIONS:
SPONSOR/ADMIN. N/A
COMMITTEE Planning Commission
cOST PACT/FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ N/A $ N/A $ N/A
Fund Source:
Comments:
i M~O: DATE RE~ORD OF COUNCIL ACTION
MTG; ATTACHMENTs
9-20-04 **Please bring notebook labeled "Natural Environment and Sensitive Areas Ordinance".
Hemo f~om staff dated Septembe~ 15, 2004, ~it~h $un~a~y:6f P~oposed Revisions
QCity of Tulagila. StevenM. Mullet, Mayor
Depai.ii~ent of ¢omm,,nttg Degelopment Steve Lancaster, Director
MEMORANDUM
September 15, 2004
TO: Mayor Steve Mullet and Members of the Tukwila City Council
FM: Steve Lanc~tor, Department of Community Development
RE: Council Briefing on September 20, 2004
At your September 20, 2004 session, staff will brief you on proposed changes to the Zoning
Code and Comprehensive Plan to address changes in the Growth Management Act (GMA) that
pertain to environmentally sensitive areas.
The following summarizes the proposal and issues:
I. Amendments to Comprehensive Plan goals and policies:
No major changes are proposed to policies in the Tukwila Comprehensive Plan Natural
Environment chapter. Minor word changes are proposed to clarify the intent of a number of
policies and one new policy is proposed to support the daylighting of streams as a way to
improve watershed functions. The requirement to use best available science is included in
Comprehensive Plan policy language, as is the requirement to give special consideration to the
protection of anadromous fish, both required by the Growth Management Act. Some
implementation strategies are added or deleted as appropriate to address changed circumstances
since the adoption of the Plan in 1995.
II. Best Available Science
To assist staff in researching best available science for sensitive areas and preparing the
background information needed to update the Sensitive Areas Ordinance and the Comprehensive
Plan policies, the Department hired Adolfson and Associates. You will find repons and memos
prepared by Adolfson in the Background Information portion of your notebooks as well as by
Gary Schulz, Urban Environmentalist for the Department.
6300 Southcenter Boulevard, Suite #100 * Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
Natural Environment and Sensitive Area Ordinance
Briefing
September 15, 2004
III. Proposed Amendments to the Zoning Code
The update to the Sensitive Areas Ordinance (SAO) incorporates the GMA requirement to use
best available science in the development of regulations governing GMA identified critical areas.
The revisions to the SAO apply city -wide. The organization of the ordinance has been
completely revised to make it easier to use.
The other major changes to the City's sensitive areas ordinance would:
Revise the watercourse rating system;
Identify the requirements for sensitive area studies;
Exempt wetlands 2,500 sq. ft. and less that do not meet any of the identified criteria for
wetlands in the proposed sensitive areas ordinance;
Increase the mitigation ratio required for enhancement of wetlands from 1.5:1 to 3:1;
Retain the width of some buffers for wetlands and watercourses, based on the
recommendation of the Planning Commission and,
Add a new section addressing fish and wildlife habitat conservation areas.
A more detailed summary is attached to this memo.
The sensitive area mapping inventory has been updated also. The number of wetlands
inventoried increased over 100% since 1991, due primarily to the knowledge gained over the last
13 years as development proposals have been reviewed and site visits and /or information
provided by applicants has identified wetland sites.
III. Planning Commission Action
In the Council notebooks, you have a copy of the Planning Commission approved
Comprehensive Plan amendments, recommended Sensitive Areas Ordinance, revisions to TMC
18.06, Definitions Chapter and recommended revisions to TMC 18.50.110. After reviewing staff
recommendations, consultant analysis and other background information, the Planning
Commission did not revise buffer widths for wetlands and watercourses, but retained the existing
buffer widths from the 1995 Sensitive Area Ordinance. Any regulations or policies that deviate
from best available science must be supported by findings by the adopting jurisdiction. Included
in your notebook are comments prepared by Planning Commissioner Vern Meryhew that provide
an explanation of his reasons for the action on the buffer widths. These comments will be
discussed at a Planning Commission meeting on September 16, 2004.
IV. Staff Comments
As noted above, the Planning Commission is scheduled to meeting on Thursday, September 16,
2004 to provide additional guidance to staff on their decision on wetland and watercourse buffer
widths. Staff will provide additional information at the briefing on September 20, 2004 on the
2
q: \1 -04 SAO Update \9 -15 Council Memo.doc
Natural Environment and Sensitive Area Ordinance
Briefmg
September 15, 2004
relationship between the Planning Commission decision on buffer widths and best available
science.
We look forward to briefing you on these proposed changes. If you have any questions, please
contact me at 431-3670.
Attachment:
Comprehensive Plan Update: Natural Enviroarnent and Sensitive Areas Ordinance
Notebook, City Council Review, 2004.
3
q:\1-04 SAO Update\9-15 Council Memo.doc
SUMMARY OF PROPOSED REVISIONS TO PLANNING
COMMISSION RECOMMENDED SENSITIVE AREAS
ORDINANCE (TMC 18.45)
18.45.010 Purpose
A reference to the Revised Code Washington codifying the GMA is added to this section
along with adding the goal of utilizing best available science in regulating and protecting
sensitive areas.
18.45.AA Best Available Science
New section added to identify the State requirement to use BAS both when preparing
policies and regulations governing critical/sensitive areas.
18.45.020 Sensitive Area Applicability, Maps and Inventories
This section identifies the sensitive areas that are covered by this ordinance and those
sensitive areas that are covered by other City regulations (seismic hazards and frequently
flooded areas). It has been revised to take out the sensitive areas rating methodologies
and classifications. These are moved to each of the new Chapter sections on wetlands,
watercourses and potential geologically unstable areas (18.45.CC, Wetland Designations,
Ratings and Buffers; 18.45.EE, Watercourse Designations, Ratings and Buffers; and
18.45.GG, Areas of Potential Geologic Instability Designations, Ratings and Buffers).
Language is added to make clear the City is to ensure compliance with the SAO and that
an applicant must comply with all aspects of the SAO. Language is also added to allow
the updating of sensitive area maps without going back to the City Council for adoption.
18.45.BB Sensitive Area Special Studies
New section establishing clearer criteria for preparing sensitive area studies and
identifying the required qualifications of individuals who prepare these studies. The
requirements for geotechnical studies have been moved to this section. A requirement is
added that the sensitive area studies must use scientifically valid methods. A new section
is added that permits the study requirements to be modified by the Director.
18.45.030 Interpretation
No changes to this section
This section has been deleted. Buffers and their variation are addressed in each of the
sensitive area sections (wetlands, watercourses and potential geologically unstable areas).
18.45.060 Procedures
Minor changes to this section to correct terminology and references to Planned
Residential Development chapter of the Zoning Code.
September 15, 2004
Planning Commission Recommended
Draf~ Sensitive Areas Ordinance
18.45.080 Sensitive Area Permitted Uses
The permitted uses that apply to all sensitive areas, such as Essential Utilities; Essential
Streets, Roads and Rights-of-Way; Public Use and Access; and Dredging, Digging or
Filling, have been consolidated here in this section. The uses that apply only to specific
sensitive areas (i.e. wetlands, watercourses etc.) are addressed in each of those sensitive
area sections (18.45.DD, Wetland Uses, Alterations and Mitigation; 18.45.FF,
Watercourse Uses, Alterations and Mitigation; and 18.45.HH, Areas of Potential
Geologic Instability Uses, Exemption, Alterations and Mitigation).
18.45.CC Wetland Designations, Ratings and Buffers
This new section brings together designations, ratings and buffers for wetlands. The
criteria for Type 2 and 3 wetlands have been revised. The Planning Commission retained
the current wetland buffer widths, 100 feet for Type 1 wetland, 50 feet for Type 2
wetland and 23 feet for a Type 3 wetland. New criteria are included to identify when a
buffer reduction may be allowed.
18.45.DD Wetland Uses, Alterations and Mitigation
This section includes new language that would permit altering Type 2 wetlands under
very limited circumstances. The current SAO only permits alterations to Type 3 wetlands
unless a reasonable use exception is approved. Also, the possibility of alterations to an
isolated wetland formed on fill material is introduced.
The mitigation ratio remains the same, 1.5 to 1, for wetland creation or restoration.
However, if an applicant opts to enhance a wetland instead of creating new or restoring
existing wetland, the mitigation ratio rises to 3:1. A hierarchy of alteration preferences is
identified, with avoidance of wetland and buffer impacts the highest preference.
Requirements for mitigation plans and location are not revised substantially.
18.45.EE Watercourse Designations, Ratings and Buffers
The watercourse rating system has been revised to simplify the rating system and bring it
more into line with the State's watercourse rating system. The Green/Duwamish River is
now included as a Type 1 watemourse, but it will continue to be regulated through the
City's shoreline master program, rather than this Chapter. Type 2 watercourses are
perennial streams with salmonids, Type 3 watercourses are perennial streams without
salmonids, and Type 4 watercourses are intermittent streams without salmonids. The
Planning Commission retained the existing buffers for watercourses, 70 feet for a Type 2
watercourse, 35 feet for a Type 3 watercourse and 15 feet for a Type 4 watercourse.
18.45.FF Watercourse Uses and Mitigation
This section consolidates the general permitted uses from 18.45.080 A. and the specific
uses listed for watercourses in 18.45.080 D.
2
q:\l-04 SAO IJpdate~Summary SAO Changes.doc
September 15, 2004
Planning Commission Recommended
Dra~ Sensitive Areas Ordinance
18.45.GG Areas of Potential Geologic Instability Designation, Rating and
Buffers
This section has been revised to incorporate the recommendations from Landau
Associates. The threshold for slopes that are regulated by the SAO is reduced from 20%
to 15% to be consistent with the Growth Management Act - WAC 365-190-080(4).
18.45.HH Areas of Potential Geologic Instability Uses, Exemptions, Alterations
and Mitigation
Most of this section is from 18.45.080 E. A list of activities that are exempt from SAO
regulation as areas of potential geologic instability has been added. Geotechnical report
criteria have been moved to the Special Studies Section, 18.45.BB.
18.45.II Abandoned Mine Areas
This section is unchanged except that it is now its own section within the Chapter, rather
than being included in 18.45.080 F.
18.45.080 G. Areas of Important Geological or Archaeological Evidence
It is proposed that this be deleted from the SAO as it is not a true sensitive/critical area as
identified by the GMA. TMC 18.50.110 currently addresses
archaeological/paleontological sites for properties located in the Manufacturing Industrial
Center districts. The Planning Commission recommends TMC 18.50.110 be expanded to
apply to all zoning districts in the City. Archaeologically significant areas are also
addressed through SEPA, if the project is subject to environmental review. Geological
hazard areas are addressed under the Areas of Potential Geologic Instability sections.
18.45.JJ Fish and Wildlife Habitat Conservation Areas
This new section has been added to address the GMA requirement to protect fish and
wildlife habitat areas.
18.45.KK Sensitive Area Master Plan Overlay
This new section is proposed to permit flexibility in the application of the sensitive areas
ordinance under limited circumstances.
18.45.090 Sensitive Area Tracts and Easements
This section has been modified to permit the use of easements as well as tracts to protect
sensitive areas.
18.45.115 Exceptions
This section has been revised to incorporate recent court cases. The size of wetlands
exempt from the SAO has been revised upwards to 2,500 sq. ft. from the current
threshold of 1,000 sq. ft. A subsection on Emergencies has been added.
3
q:\1-04 SAO IJpdate~Summary SAO Changes.doc
September 15; 2004
Planning Commission Recommended
Draft Sensitive Areas Ordinance
18.45.120 Variances
It is proposed that this section be deleted as it duplicates the Reasonable Use process
identified in 18.45.115.
18.45.125 Appeals
Minor changes proposed to this section.
18.45.130 Recording Required
18.45.135 Assurance Device
18.45.140 Assessment Relief
Minor wording changes to these sections.
4
q:\l-04 SAO Update~Summary SAO Changes.doc
164 COUNCIL AGENDA SYNOPSIS c -a I
Z :nitiat ITEM NO.
M Date I Pretare 1 Mayor's review 1 Council review
di V� i 9/20/04 1 FI I .1/4.-0-& 1 cii'' {-f
rl }Y. 1 1 I
1808 1 I
ITEM INFORMATION
CAS NUMBER: 04-131 I ORIGINAL AGENDA DATE: SEPTEMBER 20, 2004
AGENDA ITEM TITLE Level 3 Communications Franchise Agreement
CATEGORY El Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date
I SPONSOR Council Mayor Aden Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Level 3 Communications LLC is proposing to construct and install telecommunications
SUMMARY facilities that will deliver service to certain busing....... within the City and the Puget Sound
Region. Installation of conduits and associated fiber along South Norfolk Street and Grady
Way requires a franchise agreement with the City of Tukwila.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/8/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinance granting franchise
CoMMITrEE Forward to Council for approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
9/20/04
MTG. DATE ATTACHMENTS
9/20/04 Information Memo dated August 26, 2004
Ordinance with Exhibits
Utilities Committee Meeting Minutes from September 8, 2004
1
I
INFORMATION MEMO
TO: Mayor Mullet
From: Public Works Directof~~
Date: August 26, 2004
Subject: Franchise - Level 3 Communications
ISSUE
Should the City grant Level 3 Communications LLC a franchise to construct, maintain, and
operate a fiber optic telecommunications system within the City's right-of-way?
BACKGROUND
Level 3 Communications is an international communications and information services
company. It operates one of the largest communications and internet backbones in the world.
The company offers a wide range of communications services over its massive broadband fiber
optic network including internet protocol 0P) services, broadband transport, and domestic and
international managed services.
.DISCUSSION
The purpose of Level 3's project is to construct and maintain telecommunications facilities that
will deliver services to certain businesses within the City and the Puget Sound Region. Level 3
also plans to use the telecommunications facilities to provide services to other potential
customers within the Tukwila city limits as those opportunities arise. For the current network
installation, Level 3 is proposing to install eight (8) each, 1 IA" conduits along South Norfolk
Street. Conduits will tie in to Level 3's backbone along the Burlington Northern/Union Pacific
Railroad right-of-way.
The fact that South Norfolk Street was recently paved will more than likely require Level 3 to
bore along the proposed build. Staff is currently reviewing Level 3's plans and evaluating
potential utility conflicts prior to making a final determination on the method of construction.
Installation of conduits and the associated fiber in the City rights-of-way requires a franchise
agreement. In consultation with the City Attorney's Office, staff has completed a final draft
~Franchise Agreement (Attachment 1) for Council consideration. The document incorporates
provisions of the City of Tukwila Right-of-Way Use Code.
RECOMMENDATION
Forward to Utilities Committee, Committee of the Whole, and Council for franchise
approval/disapproval determination.
attachment: Final Draft Franchise Agreement
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
GRANTING A NON-EXCLUSIVE FRANCHISE TO LEVEL 3
COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE
STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING,
OPERATING, AND MAINTAI2NING A FIBER OPTIC
TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS-OF-
WAY IN THE CITY; PROVIDING FOR SEVERABIL1TY; AND
ESTABLISHING AN EFFECTIVE DATE,
WHEREAS, Level 3 Communications, LLC, hereinafter referred to as "Level 3/' is a
telecommunications company that, among other things, provides high capacity
interexchange transport to telecommunications common carriers, including data
transmission, linkage to long distance carriers and other telecommunications services to
customers in the Puget Sound Region; and
WHEREAS, Level 3 desires to extend its services to certain businesses located
within and outside the corporate limits of the City of TukwiIa, hereinafter referred to as
the "City"; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights-of-way £or installation, operation, and maintenance of fiber optics systems is
appropriate from the standpoint of the benefits to be derived by local businesses and
the region as a result of such services; and
WHEREAS, the City Council also recognizes that the use of public rights-of-way
must be restricted to allow for the construct.on of amenities necessary to serve the
future ~eeds of the citizens of Tukwila and that the coordination, planning, and
management of the City's rights-of-way is necessary to ensure that the burden of costs
for the operations of non-municipal interests are not borne by the citizerrry; and
WHEREAS, the Revised Code of Washington ('RCW") authorizes the City to grant
and regulate nonexclusive franchises for the use of public stxeets, right-of-ways, and
other public property for the installation, operation and maintenance of a fiber optics
system and the transmission of communications;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Non-exclusive Franchise Granted.
A. The City hereby grants to Level 3, subject to the conditions prescribed in this
ordinance ("Franchise Agreement"), the franchise rights and authority to construct,
replace, repair, monitor, maintain, use and operate the equipment and facilities
necessary for a telecommunications facility (the "Franchise") within the City-owned
rights-of-way generally described in Exhibit A, and hereinafter referred to as the
"Franchise Area".
B. Such Franctdse shall not be deemed to be exclusive to Level 3 and shall in no
way prohibit or limit the City's ability to grant other franchises, permits, or rights along,
over or under the axeas to which this Franchise has been granted to Level 3; provided,
that such other franchises do not unreasonably interfere with Level Ys exercise of
Franekise 9/17/04 1 of 7
franchise rights granted herein as determined by the City. This Franchise shall in no
way unreasonably interfere with existing utilities or in any way unreasonably limit,
prohibit, or prevent the City from using the Franchise Area or affect the City's
jurisdiction over such area in any way.
Section 2. Authority. The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement and may develop such rules, policies, and procedures as he or she
deems necessary to carry out the provisions contained herein, so long as such rules,
policies and procedures are consistent with all applicable state and federal laws.
Section 3. Franchise Term. The franchise rights granted herein shall remain in full
force and effect for a period of three years from the effective date of this ordinance.
This Franchise shall not take effect and Level 3 shall have no rights under this Franchise
Agreement unless a written acceptance is fried with the City pursuant to Section 4 of
this Franchise Agreement. If Level 3 requests a Franchise renewal prior to the
expiration date, the City may, at the City's sole discretion, extend the term of this
Franchise for up to one year beyond the expiration date to allow processing of renewal.
If the City elects to extend the term of this Franchise, written notice of the extension
shall be provided to Level 3 prior to the Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise and all the terms and conditions shall be filed with the City Clerk within 30
days of the effective date of this ordinance in the form attached hereto as Exhibit B.
Failure on the part of Level 3 to file said consent within 30 days of the effective date of
this ordinance shall void and nullify any and all rights granted under this Franchise
Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall
be considered mandatory and failure to abide by any conditions described herein shall
be deemed as non-compliance with the terms of this Franchise Agreement and may
result in some or ail of the penalties specified herein.
1. Permit Required. No construction, maintenance, interconnections or
repants (except for emergency repairs) shall be undertaken in the Franchise Area
without first obtaining appropriate permits from the City of Tukwila, Department of
Public Works. In case of an emergency, Level 3 shaft, within 24 hours of the emergency,
obtain a permit from the City of Tukwila Deparhuent of Public Works.
2. Coordination. All capital construction projects performed by Level 3
within the Franchise Area shall be inspected by a City inspector. All work and
inspection shall be coordinated with the Engineering Division of the Public Works
Department to ensure consistency with City infrastructure, future Capital Improvement
Projects, all developer improvements, and pertinent codes and ordinances.
3. Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for Level 3 within the Franchise Area shall be
constructed and located so as to produce the least amount of interfererice with the free
passage of pedestrian and vehicular traffic. Al1 construction, installation, maintenance,
and restoration activities shall be conducted such that they conform to the City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
4. Underground Installation Required. Ail telecommunications cables and
junction boxes or other vaulted system components shall be installed underground
unless otherwise exempted from this requirement, in writing, by the Director of Public
Works.
5. Relocation.
a. Within 90 days following written notice from the City, Level 3 shall, at
its own expense, temporarily or permanently remove, relocate, place underground,
change or alter the position of any facilities or structures within the right-of-way
whenever the City has determined that such removal, relocation, undergrounding,
Franchise 9/17/04 2 of 7
change or alteration is reasonably necessary for the construction, repair, maintenance,
installation, public safety or operation of any City or other public improvement in or
upon the rights-of-way.
b. Level 3 may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation. Such alternatives
shall include the use and operation of temporary transmitting facilities in adjacent
rights of way. The City shall evaluate such alternatives and advise Level 3 in writing if
one or more of the alternatives are suitable to accommodate the work, which would
otherwise necessitate relocation of the facilities. If requested by the City, Level 3 shall
submit additional information to assist the City in making such evaluation. The City
shall give each alternative proposed by Level 3 full and fair consideration. In the event
the City ultimately determines that there is no other reasonable alternative, Level 3 shall
relocate its facilities as otherwise provided in this section. Level 3 may seek
reimbursement for relocation expenses if such reimbursement is available pursuant to
RCW 35.99.
6. Removal or Abandonment. Upon the removal from service of any
telecommunications infrastructure or other associated facilities and amenities, Level 3
shall comply with ali applicable standards and requirements prescribed by the City of
Tukwila Public Works Department for the removal or abandonment of said structures
and facilities. No facility constructed or owned by Level 3 may be abandoned without
the express written consent of the City.
7. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation or maintenance authorized by this Franchise Agreement,
Level 3 shall, upon the request of the City, furnish a bond executed by Level 3 and a
corporate surety authorized to operate a surety business in the State of Washington, in
such sum as may be set and approved by the City as sufficient to ensure performance of
Level 3 obligations under this Franchise Agreement. At such time that installation,
and construction have been completed, the bond amount shall be reduced
improvement
to an amount approved by the City. At Level 3's sole option, Level 3 may provide
alternate security in the form of an assignment of funds or a letter of credit, in the same
amount as the bond All forms of security shall be in the form reasonably acceptable to
the City. The bond shall be conditioned so that Level 3 shall observe all the covenants,
terms, and conditions and shall faitffully perform all of the obligations of this Franchise
Agreement, and to repair or replace any defective work or materials discovered in the
City's roads, streets, or property.
8. "One-Call" Location and Liability. Level 3 shall subscribe to and maintain
membership in the regional "One-Call" utility location service and shall promptly locate
all of its lines upon request. The City shall not be liable for any damages to Level 3's
system components or for interruptions in service to Level 3 customers which are a
direct result of work performed for any City project for which Level 3 has failed to
properly locate its lines and facilities within the prescribed time limits and guidelines
established by One-Call. The City shall also not be liable for any damages to the Level 3
system components or for interruptions in service to Level 3 customers resulting from
work performed under a permit issued by the City.
9. As-Built Plans Required. Level 3 shall maintain accurate engineering
plans and details of all installations within the City limits and shall provide such
information in both paper form and elec~onic form using the most current Autocad
version prior to close-out of any permits issued by the City and any work undertaken
by Level 3 pursuant to this Franchise Agreement. The City shall determine the
acceptability of any as-built submittals provided under this section.
10. Recovery of Costs. Level 3 shall be subject to all permit fees associated
with activities undertaken through the authority granted in this Franchise Agreement
or under ordinances of the City. Where the City incurs costs and expenses for review or
inspection of activities undertaken through the authority granted in this Franchise
Agreement or any ordinances relating to the subject for which permit fees have not
Franchise 9117/04 3 of 7
been established, Level 3 shah pay such reasonable costs and expenses directly to the
City.
11. Vacation. If, at any time, the City shall vacate any City road, right-of-way
or other City property which is subject to rights granted by this Franchise Agreement
and said vacation shall be for the purpose of acquiring the fee or other property interest
in said road, right-of-way or other City property for the use of the City, in either its
proprietary or governmental capacity, then the City may, at its option and by giving 30
days written notice to Level 3, terminate this Franchise Agreement with reference to
such City road, right-of-way or other City property so vacated, and the City shall not be
liable for any damages or loss to Level 3 by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by Level 3 to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City
which describes the violations of the franchise and requests remedial action within 30
days of receipt of such notice. If Level 3 has not attained full compliance at the end of
the 30 day period following receipt of the violation notification, the City may declare an
immediate termination of alt franchise rights and privileges, provided that full
compliance was reasonably possible within that 30 day period.
B. Emergency. Actions.
1. If any of Level 3's actions, or any failure by Level 3 to act to correct a
situation caused by Level 3, is deemed by the City to create a threat to life or property,
the City may order Level 3 to immediately correct said threat or, at the City's discretion,
the City may undertake measures to correct said threat itself; provided that, when
possible, the City shall notify Level 3 and give Level 3 an opportunity to correct said
threat before undertaking such corrective measures. Level 3 shall be liable for all costs,
expenses, and damages attributed to the correction of such an emergency situation as
undertaken by the City to the extent that such situation was caused by Level 3 and shall
further be liable for all costs, expenses, and damages resulting to the City from such
situation, and any reimbursement of such costs to the City shall be made within 30 days
of written notice of the completion of such action or determination of damages by the
City. The failure by Level 3 to take appropriate action to correct a situation caused by
Level 3 and identified by the City as a threat to public or private safety or property shall
be considered a violation of franckise terms.
2. If during construction or maintenance of Level 3's facilities, any damage
occurs to an underground facility and the damage results in the release of natural gas or
other hazardous substance or potentially endangers life, health, or property, Level 3 or
its contractor shall immediately call 911 or other local emergency response number.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the
City's available remedies in the event of Level 3's failure to comply with the provisions
of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit
for specific performance and/or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated
as a result of violations of the terms of this Franchise Agreement, Level 3 shall, at its
sole expense, promptly remove all system components and facilities, provided that the
City, at its sole option, may allow Level 3 to abandon its facilities in place.
Section 7. Insurance.
A. Level 3 shall maintain liability insurance written on a per occurrence basis
during the full term of this Franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwlla Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its
officers, and employees, shall apply as primary insurance, shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
Fr~ch~e 9,'~7/04 4 of 7
thereunder, and shall further provide that the policy shall not be modified or canceled
during the life of the permit or Franchise Agreement without giving 30 days written
notice to the City. Notice shall be by certified mail, return receipt requested to the City.
C. If the City determines that circumstances warrant an increase in insurance
coverage and liability limits to adequately cover the risks of the City, the City may
require addiriorml insurance to be acquired. The City shall provide written notice
should the City exercise its right to require additional insurance.
Section 8. Other Permits and Approvals. Nothing in this agreement shall relieve
Level 3 rom any obligation to obtain approvals or necessary permits from applicable
federal, state and City authorities for all activities in the Franchise Area.
Section 9. Transfer of Ownership. The rights, privileges, benefits, title, or interest
provided by this Franchise shall not be sold, transferred, assigned, or otherwise
encumbered, without the prior written consent of the City, with such consent not being
unreasonably withheld or delayed. No such consent shall be required, however, for a
transfer in trust, by other hypothecation, or by assignment or any rights, ritle, (>r interest
in Level 3's system in order to secure indebtedness. Approval shall not be required for
mortgaging purposes provided that the collateral pledged for any mortgage shall not
include the assets of this Franchise, or ff such transfer is from Level 3 to another person
or entity controlling, controlled by, or under common control with Level 3. Level 3 may
in the ordinary course of its business without prior written notice to the City: 1. Lease its facilities, or any portion thereof, to another person;
2. grant an indefeasible right of user interest in its facilities or any portion thereof,
to another person; or
3. offer or provide capacity or bandwidth from its facilities to another person,
provided that Level 3 at all times retains exclusive control over its facilities and remains
responsible for locating, servicing, repairing, maintaining, relocating, or removing its
facilities pursuant to the provisions of this agreement. Section 10. Administrative Fees.
A. Pursuant to the Revised Code of Washington, the City is precluded from
imposing franchise fees for "telephone businesses' defined in RCW 82.04.065, except
that fees may be collected for administrative expenses related to such franchise. Level 3
warrants that its operations as authorized under ffris franchise are those of a telephone
business as defined in RCW 82.04.065.
B. Level 3 shall be subject to a $5,000 administrative fee for reimbursement of
costs associated with the preparation, processing, and approval of this Franchise
Agreement. These costs shall include but not be limited to wages, benefits, overhead
expenses, eqmpment, and supplies associated with such tasks as plan review, site visits,
meetings, negotiations, and other functions critical to proper management and
oversight of the City's rights-of-way. Administrative fees exclude normal permit fees as
stipulated in Tirie 11 of the Tukwila Municipal Code. Payment of the one-time
administrative fee is due 30 days after franchise approval.
C. In the event Level 3 submits a request for work beyond the scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review or inspection, Level 3 shall reimburse City for franchise amendment and
expenses associated with the project. Level 3 shall pay such costs within 30 days of
receipt of bill from the City.
D. Failure by Level 3 te make full payment of bills within the time specified shall
be considered sufficient grounds for the termination of all rights and privileges existing
under this ordinance utilizing the procedures specified in Section 6A of this ordinance.
Section 11. Notices. Any notice to be served upon the City or Level 3 shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila. WA 98188
Franchise 9/17/04 5 of ?
Level 3 Communications, LLC
Attn: Director, Network Compliance and Mitigations
1025 Eldorado Boulevard
Broorufield. CO 80021
In case of dispute, with a copy to:
Level 3 Communications, LLC
Attn: General Counsel
1025 Eldorado Boulevard
Broomfiald, Colorado 80021
Section 12. Claims for Damages.
A. Level 3 shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation and maintenance
of its structttres and facilities. Level 3 shall indemnify and hold the City harmless from
all claims, actions or damages, including reasonable attorney's and expert wit~ess fees,
which may accrue to or be suffered by any person or persons, corporation or property
to the extent caused in part or in whole by any negligent act or omission of Level 3, its
officers, agents, servants or employees, carried on in the furtherance of the rights,
benefits, and privileges granted to Level 3 by this Franchise. In the event any claim or
demand is presented to or filed with the City which gives rise to Level 3's obligation
pursuant to this section, the City shall within a reasonable time notify Level 3 thereof
and Level 3 shall have a right, at its election, to settle or compromise such claim or
demand. In the event any claim or action is commenced in which the City is named a
party, and which suit or action is based on a claim or demand which gives rise to Level
3's obligation pursuant to this section, the City shall promptly notify Level 3 thereof,
and Level 3 shall, at its sole cost and expense, defend such suit or action by attorneys of
its own election. In defense of such suit or action, Level 3 may, at its election and at its
sole cost and expense, settle or compromise such suit or action. This section shall not be
construed to require Level 3 to:
1. protect and save the City harmless from any claims, actions, or damages;
2. settle or compromise any claim, demand, suit, or action;
3. appear in or defend any suit or action; or,
reasonable attorney's fees), to the extent such claim arises out of the negligence or
intentional acts of the City, its employees, agents or independent contractors.
B. To the extent of any concurrent negligence between Level 3 and the City, Level
3's obligations under this paragraph shall only extend to its share of negligence or fault.
The City shah have the right at all times to participate through its own attorney in any
suit or action which arises out of any right, privilege, and authority granted by or
exercised pursuant to this Franchise when the City determines that such participation is
required to protect the interests of the City or the public. Such participation by the City
shall be at the City's sole cost and expense.
Section 13. Severability. If any section, sentence, clause or phrase of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
the City may, at its sole option, deem the entire ordinance to be affected and thereby
nullified. However, in the event that a determination is made that a section, sentence,
clause, or phrase in this ordinance is invalid or unconstitutional, the City may elect to
treat the portion declared invalid or unconstitutional as severable and enforce the
remainmg provisions of this ordinance; provided that, if the City elects to enforce the
remaining provisions of the ordinance, Level 3 shall have the option to terminate the
Franchise Agreement.
Section 14. Indemnification. Except to the extent that any claims, liability, loss,
cost, judgments, or damages are due to the negligence or intentional acts of the City, its
employees, agent or independent contractors, Level 3 agrees and covenants to
indemnify, defend and hold harmless the City, its officers, employees, agents, and
Franchise 9/17/04 6 of 7
representatives from and against any and all claims, liability, loss, cost, judgments,
damages, whether to persons or property, or expense of any type or nature, including
reasonable attorney's fees and expert witness fees, to the extent it arises from any
negligent act or omission or willful misconduct of Level 3, its successors and assigns
arising from or connected to Level 3 work under this Franchise, provided however, that
in case any suit or action is instituted against the City by reason of any such damage or
injury, City shall:
1. cause written notice thereof to be given unto Level 3; and
2. provide all reasonably requested assistance in defense or settlement of such
claim at Level 3's expense; and
3. retain the right to control the defense or settlement of such claims.
Section 15. Reservation of Rights. The parties agree that this Franchise
Agreement is intended to satisfy the requirements of all applicable laws, administrative
guidelines, rules, orders, and ordinances. Accordingly, any provision of this Franchise
Agreement or any local ordinance which may conflict with or violate the law shall be
invalid and unenforceable, whether occurring before or after the execution of this
Franchise Agreement, it being the intention of the parties to preserve their respective
rights and remedies under the law, and that the execution of this Franchise Agreement
does not constitute a waiver of any rights or obligations by either party under the law.
Section 16. Police Powers. Nothing contained herein shall be deemed to affect the
City's authority to exercise its police powers. Level 3 Communications shall not by this
Franchise Agreement obtain any vested rights to use any portion of the City right of
way except for the locations approved by the City and then only subject to the terms
and conditions of this Franchise Agreement. This Franchise Agreement and the permits
issued thereunder shall be governed by applicable City ordinances in effect at the time
of application for such permits.
Section 17. Future Rules, Regulations, and Specifications. Level 3 acknowledges
that the City may develop rules, regulations, and specifications, including a general
ordinance or other regulations governing telecommunications operations in the City.
Such regulations, upon written notice to Level 3 Communications, shall thereafter
govern Level 3's activities hereunder, provided, however, that in no event shall
regulations:
1. materially interfere with or adversely affect Level 3's rights pursuant to
and in accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to Level 3 and other
similar users of such facilities.
Section 18. 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.
A11EST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Franchise 9/17/04 7 of 7
EXHIBIT A
DESCRIPTION OF LEVEL 3 COMMUNICATIONS, LLC
EXISTING AND PROPOSED NETINORK WITHIN TUKWILA, WA.
The current Level 3 Longhaul Network passes though the City of Tukwila 1)
along BNSF Rail Road Right of Way ("BNSF ROW") and local streets north of S
Norfolk Street going into Seattle, and 2) along local streets and UP Rail Road
Right of Way ("UP ROW") to the south of S Norfolk Street going towards
Olympia, WA.
The Level 3 Metro Network in Tukwila will start at the manhole located on
Airport Way South in Seattle and will cross into Tukwila on S Norfolk Street.
From this point it will head west along S Norfolk Street to the intersection of S
Norfolk Street and E Marginal Way where it will tie into the proposed metro
network.
From the intersection of S Norfolk Street and E Marginal Way, the Network
proceeds south along E Marginal Way. At the intersection of E Marginal Way
and Boeing Access Rd, the Network transitions to SR 99/Tukwila International
Blvd. The Network continues south along SR 99/Tukwila International Blvd. to
a point just north of the intersection of SR 99/Tukwila International Blvd. and S
130th St where the Network ends.
At station 1458+48 on the Wiltel Portland to Seattle as-built drawings there is a
portion of the Network constructed from a Level 3 manhole to an International
Gateway West, LLC manhole.
In addition to the existing network described above, Level 3 has proposed plans
to build a conduit system from AboveNet Communication's existing network
located in a 360 Networks joint use manhole at the intersection of Interurban
Avenue South and SW Grady Way to the Level 3 manhole located at SW Grady
Way and Longacres Dr. SW.
Franchise Exhibit A 9/17/04 1 of 1
Level 3
Communications
Exhibit A
· G
Map Legend
Level 3 Longhaul Network
Proposed Metro Network
l;;;i City Umits
Date: September 1,2004
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
LEVEL 3 COMMUNICATIONS, LLC
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Ordinance No. Adopted
Dear Ms. Cantu:
In accordance with and as required by Section of City of Tukwila
Ordinance No. passed by the City Council and approved by the Mayor
on (the "Ordinance"), Level 3 Communications, LLC
hereby accepts the terms, conditions and obligations to be complied with or
performed by it under the ordinance.
Sincerely,
Signature
P~n~dName
Title
Franchise Exhibit B 9/17/04 1 of 1
Utilities Committee
September 8, 2004
Present: Pam Carter, Chair; Para Linder, Dennis Robertson
Jim Horrow, Frank Iriarte, P, yan Larson, Hike Cusick, Jill
Mosqueda, Bob Giberson.-Gaii Labanara, Pat Brodin, Lucy
Lauterbach; ]onatha~ Hagar, Dan Dolan, P,ick Dronen - Level 3
Communications
1. Asset Analytics Contract David Lumen's contract with the City
expired. A new contract has been drafted and has an attached work program
of tasks to be done. A revise~J statement was passed out, with a clarification
that City crews have been trained and are able to work on fiber optic
systems. Pam L wanted to be dear that any work City crews do on fiber
optic takes away from their already-crowded work schedules. Dennis asked
who is on the Connectivity Committee. He wanted included in the memo
when this goes to Council what this authorizes and also a list of deliverables
in the midpoint, perhaps including the alternatives being considered.
Recommend Contract to COW if possible, or 9/20 Reqular Heetinq
for approval.
2. Franchise Level 3 Communications Level 3 is a national and
international provider of high tech computer and telecommunications
service. They wish to serve a major customer in the north end of the City.
They want to install 8, 1:1/4'' conduits from S. Norfolk Street through boring
along the street. Their lines will enable other telecom providers to use their
lines to serve the business community..lust as was done in the late 90's
when many telecom companies were going through the City, no problems
are expected. Dennis asked if there were any reasons the City would not
want this to go through,, and staff answered there were nQt. They said they
are public rights of way to benefit the public,.including telecom providers.
Recommend franchise approval to COW if possible~ or 9/20 Reqular
Meetinq if not.
3. Lift Station 12 Upqrade Completion This pump station near Strander
and Andover Park West had a major upgrade this spring and summer. The
project had ten change orders, but some cost more and others cost less,
with the final taily an underrun of over $14,00.0. Everyone was pleased with
how the project turned Out. Accept proiect and release retainaqe for
Pump :L2 Upqrade project on consent aqenda of a Reqular Meetinq.
COUNCIL AGENDA SYNOPSIS
t�/ �P ti --Initials ITEM NO.
0 j 1� 1- Meeting Date 1 Prepared* 1 May 's review 1 Council review 1 effel,
1;i►. 9/20/04 I Fr 1 �A I1/41/01 �j•
tsos 1 1 1 1 I
I 1 1 1 I
ITEM INFORMATION
CAS NUMBER: 04-004 I ORIGINAL AGENDA DATE: SEPTEMBER 20, 2004
AGENDA ITEM TITLE Connectivity Asset Analytics Consultant Contract
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Z Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 9/20/04
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PerR Police PIV I
SPONSOR'S Asset Analytics' Contract No. 04 -010 expired on June 30, 2004. A new contract will allow
SUMMARY Asset Analytics to continue with specific tasks associated with the deployment of the
Tukwila Fiber Network as approved by City Council. Total cost for the contract through
December 31, 2004 is $25,500.00 (continues monthly charge of $8,500.00 for three
months).
REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/8/04
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE Forward to Council for approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$25,500.00
Fund Source: 302 Connectivity
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
9/20/04
MTG. DATE ATTACHMENTS
9/20/04 Information Memo dated September 10, 2004 (revised from UC)
Contract for Services with Exhibits
Utilities Committee Meeting Minutes from September 8, 2004
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director,~q~TQ
Date: September 10, 2004 ~
Subject: Asset Analytics Consultant Contract
ISSUE
Council needs to approve contract between Asset Analytics (David Luman) and the City.
BACKGROUND
The City has contracted with Asset Analytics to achieve City's goal of deploying a metropolitan
area network and providing gigabit Ethernet connectivity to Tukwila citizens and businesses.
Contract expired on June 30, 2004.
DISCUSSION
The original contract between the City and Asset Analytics was approved in January 2002.
Since the approval of the basic contract, several amendments have been executed. Amendments
allowed critical tasks associated with the connectivity initiative to be accomplished. These tasks
include the audit and proofing of the City's conduit system, network design, and the
development of a business model.
Due to budget concerns, and competing priorities, the City wants to reevaluate the business
model and consider an option that addresses the fiber deployment only to the Commemial
Business District (CBD) with an option to connect from the CBD to the Sabey Data Center.
To reduce deployment costs, Asset Analytics will factor in the use of Public Works Department
Street Crews that have recently been trained and certified to work on fiber optic systems. Asset
Analytics will conduct a cost-benefit analysis and determine the advantages and disadvantages
of using City Crews. The Statement of Work is described in Exhibit A (Attachment 1). Please
note that Contractor will not proceed with any task until directed by the City.
To accomplish City's requirements, Council must approve attached Contract with Asset
Analytics. The Contract expires on December 31, 2004 but could be terminated sooner under
the Contract Termination provision.
RECOMMENDATION
Present to Council for discussion and approval/disapproval.
attachment: Contract
Contract For Services
This agreement is entered into by and between the City of Tukwila, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City", and Assets
Analytics, Inc hereinafter referred to as "the Contractor" whose principal office is located
at 16004 Tualatin - Sherwood Road, Suite 505, Sherwood, OR 971~,0.
Whereas, the City has determined the need to have certain services performed for its
citizens but does not have the staffing or expertise to perform such services, and
Whereas, the City desires to have the Contractor perform such services pursuant to
certain terms and conditions, now, therefore, in Consideration of the mutual benefits
and conditions hereinafter contained, the parties hereto agree as follows:
Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall
perform those services described in Exhibit A attached hereto and incorporated herein
by this reference as if fully set forth. In performing such services, the Contractor shall
at all times comply with all Federal, State, and local statues, rules and ordinances
applicable to the performance of such services and the handling of any funds used in
connection therewith. The Contractor shall not perform any task described in Exhibit A
without a written "notice to proceed" notification from the City. The Contractor shall
request and obtain pdor written approval from the City if the scope or schedule is to be
modified in any way.
Compensation and IVlethod of Payment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed
twenty five thousand five hundred dollars ($25,500) at a rate of eight thousand, five
hundred dollars ($8,500) per month. This compensation includes all incidental expenses
except those agreed to in advance that will be reimbursed by the City.
Duration of A r_q~ment. This Agreement shall be in full force and effect for a pedod
commencing October :~, 2004 and ending December 31, 2004 unless sooner terminated
under the provisions hereinafter specified.
Indeoendent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither Contractor nor any employee of Contractor shall be
entitled to any benefits accorded City employees by virtue of the services provided
under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State 1Industrial
l~nsurance Program, or otherwise assuming the duties of an employer with respect to
the Contractor, or any employee of the Contractor.
]~ndemnification. The Contractor shall indemnify, defend and hold harmless the City its
officers, agents and employees, from and against any and all claims, losses, or liability,
including attorney's fees, adsing from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Contractor, its officers, agents and
employees, in performing the work required by this Agreement.
With respect to the performance of this Agreement and as to claims against he City, its
officers, agents and employees, the Contractor expressly waives its immunity under ~tle
51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this paragraph extends to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties. This
paragraph shall not apply to any damage resulting from the sole negligence of the City,
its agents and employees. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Contractor, its officers, agents,
and employees.
Record Keeoino and Reoorting. The Contractor shall maintain accounts and records,
including personnel, property, financial and programmatic records that sufficiently and
properly reflect all direct and indirect costs of any nature expended and services in the
performance of this Agreement. These records shall be maintained for a period of
seven years after termination hereof unless permission to destroy them is granted by
the office of the archivist in accordance with RCW Chapter 4014 and by the City.
Audits and Insoections. The records and documents with respect to all matters covered
by this Agreement shall be subject to inspection, review or audit by law during the
performance of this Agreement.
Termination. The City has the right to terminate this Agreement after giving the
Contractor thirty days wdtten notice of the City's intent to terminate this Agreement.
Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be
provided under this Agreement on the basis of race, color, religion, creed, sex, age,
national origin, marital status or presence of any sensory, mental or physical handicap.
Assignment and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written consent of
the City.
EnUre Aoreement. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may
request changes in the agreement. Proposed changes, which are mutually agreed
upon, shall be incorporated by written amendments to this Agreement.
Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Notices to the Contractor shall be sent to the address provided by the Contractor
identified in the introductory paragraph above.
Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any
suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement,
the parties specifically understand and agree that the venue shall be properly laid in
King County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
DATED this .day of ,
CONTRAC-rOR: cl-rY OF TUKVVILA
For Assets Analytics, Inc. Steven M. Mullet, Mayor
A'I-FEST/AUTH ENTZCATED:
City Clerk, Jane E. Cantu
APPROVED AS TO FORM:
Office of the City Attorney
EXHIBIT A
Statement of Work
Work described in this Exhibit shall not commence without a written "Notice to Proceed"
provided by the City. Contractor shall submit to the City a written schedule that outlines
when the following tasks will be completed. Schedule shall be submitted to the City,
ATTN: Public Works Director, not later than 15 days after receipt of"Notice to
Proceed".
1. TASK A: SUBMIT A BUSINESS MODEL
Contractor shall re-evaluate the most recent business model associated with the proposed
deployment of the Tukwila Fiber Network (TFN). Update and submit a formal written
business model that considers the fiber deployment costs of only the Commercial
Business District (CBD) and as an option, a connection from the CBD to the Sabey Data
Center (CBD). The new business model shall include assumptions used in developing
the model such as take rates, network architecture selection, service providers, operations
and ma'mtenance, bill of materials and other pertinent data.
2. TASK B: DETERMINE REVENUE SOURCES
Asset Analytics shall explore and determine from content providers, revenue
opportunities to defray or recapture deployment costs. Provide a written report to the
City, summarizing by content provider, the services and the amount of revenne that the
City can expect to receive.
3. TASK C: USE OF CITY'S STREET CREWS
In collaboration with City Staff, Contractor shall factor use of Public Works Department
Street Crews that have recently been trained and certified to work on fiber optic projects.
Contractor shall summarize in written form, the advantages and disadvantages of using
tra'med City Crews and assess whether or not use of trained City Crews would lower fiber
deployment costs.
4. TASK D: EVALUATE POTENTIAL EFFICIENCIES WITH CITY TRAFFIC
SIGNAL PROJECTS
In collaboration with City Staff, Contractor shall explore possible efficiencies that could
be achieved with respect to the TFN Project and the City's traffic signal program (Green
River Signal Project and the CBD Signal Interconnect Project). Provide a written report
that outlines how TFN would interface with the two projects, and the savings that could
be obtained.
5. TASK E: FINALIZE LIST OF VENDORS FOR SYSTEM COMPONENTS
Contractor shall coordinate and develop a list of vendors that would provide equipment,
and service. Contractor shall provide to the City a list summarizing the names of vendors
and the equipment/services that they could provide.
6. TASK F: DETERMINE FINANCING/FUNDING STRATEGY
In close coordination with City's Finance Director, determine the optimal short and long-
term financing/funding resources. Coordinate with commercial entities (QWEST,
Verizon, COMCAST, Dynamic City, and other companies that may become potential
fimding partners. Provide a written summary of companies contacted and an assessment
of their interest in becoming partners to the Project.
7. TASK G: MID-POINT REPORT
On or before November 15, 2004, Contractor shall brief and submit report to the City
Council on progress related to TASKS A-F.
8. TASK H: OTHER TASKS DEEMED NECESSARY BY CITY
At the direction of the City, Contractor shall perform tasks related to this Statement of
Work. These tasks include but not limited to meetings with City Staff, attendance at
Utilities Committee Meetings, Connectivity Committee Meetings, and Council Meetings.
EXHIBIT B
Payment Terms
The Contractor will invoice the City each month for work completed as described in
Exhibit A. Said invoice shall not exceed eight thousand, five hundred dollars ($8,500) per
month. Invoices will be paid within twenty days.
Utilities Committee
September 8, 2004
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
.]im Morrow, Frank Iriarte, Ryan Larson, Mike Cusick, Jill
Mosqueda, Bob Giberson, Gall Labanara, Pat Brodin, Lucy
Lauterbach; Jonathan Hagar, Dan Dolan, Rick Dronen - Level 3
Communications
1. Asset Analytics Contract David Lumen's contract with the City
expired. A new contract has been drafted and has an attached work program
of tasks to be done. A revised statement was passed out, with a clarification
that City crews have been trained and are able to work on fiber optic
systems. Pam L wanted to be clear that any work City crews do on fiber
optic takes away from their already-crowded work schedules. Dennis asked
who is on the Connectivity Committee. He wanted included in the memo
when this goes to Council what this authorizes and also a list of deliverables
in the midpoint, perhaps including the alternatives being considered.
Recommend Contract to COW if possible, or 9/20 Reqular Heetinq
for approval.
2. Franchise Level 3 Communications Level 3 is a national and
international provider of high tech computer and telecommunications
service. They wish to serve a major customer in the north end of the City.
They want to install 8, 1~/4" conduits from S. Norfolk Street through boring
along the street. Their lines will enable other telecom providers to use their
lines to serve the business community. Just as was done in the late 90's
when many telecom companies were going through the City, no problems
are expected. Dennis asked if there were any reasons the City would not
want this to go through,.and staff answered there were nc)t. They said they
are public rights of way to benefit the public, including telecom providers.
Recommend franchise approval to COW if possible, or 9/20 Reqular
Meeting if not.
3. Lift Station 12 Upqrade Completion This pump station near Strander
and Andover Park West had a major upgrade this spring and summer. The
project had ten change orders, but some cost more and others cost less,
with the final tally an underrun of over $14,000. Everyone was pleased with
how the project turned Out. Accept protect and release retainacle for
Pump 12 Upgrade project on consent aqenda of a Reqular Heetinq.
COUNCIL AGENDA SYNOPSIS
of Z 'c Initials ITEM NO.
.i f t3 *try -I I Meeting Date I Prepared by 1 Mayor't„review 1 Coun�s'l retiep 1
I +di 09/20/04 ARD 1 ✓ttE I.� //r'+
issoa 1 1 1 I
1 1 1 I
.ITEM °INFORMATION
CAS NUMBER: 04-132 I ORIGINAL AGENDA DATE: 9/20/04
AGENDA ITEM TITLE Budget Motions for Golf Course Funding and Establishment of the 503 Fund
Insurance LEOFF
CATEGORY Discussion Motion Resolution Ordinance BidAward Public Heating Other
Mtg Date Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S A. Authorize $400,000 transfer to 411 Fund from General Fund 000
SUMMARY B. Authorize Establishment of 503 Fund Insurance LEOFF
See attached memorandums for details Two Motions.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/7/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt on September 20, 2004
COMMI'l IhE Move Forward
.COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$400,000 $0 $400,000
Fund Source: REFLECTS A BUDGET TRANSFER FROM GENERAL FUND TO GOLF COURSE FUND.
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
9/20/04
MTG. DATE,. .ATTACHMENTS
9/20/04 Memo of September 15, 2004 from Alan Doerschel
Memo of September 2, 2004 from Alan Doerschel
Finance Safety Minutes from September 7, 2004.
To: Tukwila City Council
From: Alan R. Doerschel q/~
Date: September 15, 2004
Subject: Budget Amendment Motions
On September 2, 2004 1 presented to the Finance & Safety Committee a memorandum
outlining two issues that will need authority from the full Council prior to action being
taken (see attached September 2, 2004 memo).
First, we need a Budget Motion authorizing the Administration to transfer up to $400,000
to the 411 - Foster Golf Course Fund from the 000 - General Fund.
Secondly, we need a Budget Motion to allow the 503 - Insurance - LEOFF Fund to be
established. No additional funding is required. The Fund Balance in the 502 Fund -
Insurance will be redistributed between the two Funds.
These motions will allow us to make the necessary changes prior to the actual Budget
Amendments in November of this year.
The new Fund - 503 will appear in the Proposed Budget for 2005. Also, the repayment
schedule for the Golf Course Transfer will be included in the 2005-2010 Planning Model
proposal in October.
To: Finance & Safety Committee
From: Alan R. Doerschel
Date: September 2, 2004
Subject: Budget Changes for 2004
As previously reported the Golf Course Fund will be short by
approximately $400,000 by the end of 2004. The reasons are:
$500,000 shortfall from 2003 revenues due to construction
disruption, of which only $200,000 shortfall was projected. That
leaves a difference of $300,000.
· Revenue loss from concessionaire and golf operations due to
construction timeline exceeding original estimates by several
months. Approximately $200,000.
· Construction costs exceeding the budget by $100,000. (Council
approved action, disqualification of original low bidder and fuel
tank clean-up issues).
These $600,000 in anticipated losses along with only a $200,000
budgeted surplus accounts for the approximate $400,000 shortfall.
Although the Golf Course renovations are being received well, it will take
several years to recover the "lost" golfers prior to partial shutdown of the
Golf Course.
It is expected to take several years before the operations will provide
sufficient revenues to repay the General Fund Loan of $400,000. Also,
as previously suggested that we remove the admissions tax on Golf
Greens Fees to provide additional "net" revenue to the Golf Fund.
As a separate issue I am recommending a new Fund be established;
Insurance - LEOFF I or 503 Fund. There is no additional cost involved.
We simply need to break the Leoff I employees out of the existing self~
insurance, 502 Fund. This is required because of new national
accounting standards regarding
LEOFF I employees.
Finance and Safety Committee
September 7, 2004
Present: Dave Fenton, Chair; Joan Iternandez, Dennis Robertson
Alan Doerschel, Rhonda Berry, Brace Linton, Keith Haines, Rick
Still, Lucy Lauterbach
1. Northfield Car Wash Purchase Alan explained that Andy Berg had needed more equity up front
because his taking over raw land wasn't as valuable as his having land with a car wash on it. The
bank wanted him to pay more up front as a result. A Level 1 assessment will be done on the
Newporter site, and though the current car wash site has already had a Level 1 assessment, it will
now get a Level 2 assessment, as there are some tanks (though not oil tanks) that need additional
testing. Joan again expressed interest in having language added about this being an urban renewal
program purchase to allay residents' suspicions the City is buying property unnecessarily. The
other two members did not share her concern, but wondered if the City Attorney could clarify the
reason for the language. Addressing the whole Tukwila Village funding, Alan said it may cost a
little less than the original $8 million estimate. With no parking garage and no surface water holding
tank, costs have been reduced. Even with the Ben Carol and the mobile home park costing more, it
should still cost less if we allow the developer more flexibility. Recommend Car Wash Purchase to
that evening's meeting.
2. Budget Changes for 2004 At this time in the budget year Alan has an idea of the unbudgeted
expenses that will affect the ending fund balance. This year the golf course had some unexpected
expenses in building their clubhouse. First, the long closure of part of the course lost some of the
golfers who'd played there for years, and they haven't come back yet. Receipts since the course
opened in late June haven't met the 2001 levels yet. The extra costs in building the pro shop and
restaurant were also unanticipated. Without Mike Sweeney riding herd and the developer finishing
the job though he lost money on it, the costs would have been much higher. However, they were
still $400,000 over the budget and contingency. It will take a budget motion to authorize the City
to lend the golf course the funds until a budget amendment is made in November. It will take a few
years to pay off the entire $400 k. The City does not usually subsidize the golf course, which is
unusual for Valley cities.
In a separate vein, Alan will separate the LEOFF charges, which up to now have been part of the
self-insured fund. This is due to new national accounting standards for LEOFF I employees. A new
503 fund will be set up to accomplish this separation. Information.
3. City Council and Other Budgets Departments have been given direction to keep their budgets
within a 4% increase. The Committee members thought they should try the same. Salaries and
benefits have risen 7% over 2003. The Committee recommended cutting the travel budget from
$17,000 to $14,000, and Miscellaneous from $4,000 to $2,500. This could affect travel and
conference registrations for all Council next year.
Alan also talked about the CIP. Fort Dent costs are rising, and will be over budget as the sewer line
price just doubled over the engineer's estimate. Materials made ofoil are more expensive (plastic
pipe), and the problem was worse than known about until they got into the soils surrounding the
pump station. Because it is turning into a more costly item than thought, Alan will give it its own
budget page in the CIP. It has been part of the 303 General Improvements fund where the Council
chamber project also is. Recommend Council budget to Council.