HomeMy WebLinkAboutCOW 2004-10-11 COMPLETE AGENDA PACKET City Age
l'ukwila Council nda
,2} '." COMMITTEE OF THE WHOLE
%.... "...~,..." 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, October 11, 2004; 7 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER/
PLEDGE OF ALLEGIANCE
2. SPECIAL 2005 Proposed Budget presentation,
PRESENTATION Alan Doerschel, Director, Finance Department
3. IdI'I1ZEN At this time, you are invited to comment on items not included on
COMMENT this agenda. To comment on an item listed on this agenda, please save your
comments tmtil the issue is presented for discussion.
4. SPECIAL ISSUES a. Comprehensive Plan deliberations, Jack Pace, Deputy Director, DCD;
Rebecca Fox, Senior Planner, DCD.
~ Please bring notebooks labeled: "Natural Environment and Sensitive Areas
Ordinance,' and "Comprehensive Plan Update. '
b. Surface Water Comprehensive Plan.
c. Sound Transit lease offer - Duwamish Riverbend Hill.
d. Ikawa Park impacts from proposed 1-405 widening project.
e. An ordinance regulating motorized scooters, EPAMDs, and pocket
bikes.
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECD'~IVE SESSION
8. ADJOURNMENT
Tukwila City Hall is wheelchair agcessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office 206-433-1800/TDD 206-248-2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
CO UNCIL AGENDASYNOPSIS
I ~ .................................. Initials ................................. 2TTEMNO.
Meeti~ Date Prepm~d b~y Mq/or's revie~v Council t~vie~v
10/11/04 R. Fox ¢.g~, ..~/,~ /~ ~ I
ITEM INFORMATION
CAS NUMBER: REF. 04-109 (3RD CAS) I ORIGINAL AGENDA DATE:
8-2-04
AGENDA ITEMTITLE Comprehensive Plan Amendments/GMA revisions
CATEGORY [] Discussion [] Motion [] Resoluao, [] Ordnance [] Bid Avaard [] Pt, bEc Hearing [] Other
M~g Dale 10/11 iVI~g Date Mt~ Date Mtg Date Mtg Date Mtg Dale 10/4 Mlg Date
SPDNSOR [] Counc~ [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Legal [] P&R [] Police [] PlY/
SPONSOR'S Conduct deliberation on GMA amendments and annual amendments
SUMMARY
REVIEV~ED BY [] COW Mtg. [] CA&P Cmte [] F&S Crate [] Transportation Crate
[] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMi'~'r~E
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED ~A_PPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/2/04 Council considered schedule and process for proposed amendments
8/23/04 Council was briefed on recommendations from the Planning Commission
10/4/04 Public Hearing
MTG. DATE ATTACHMENTS
10/11/04 Memo with summary of amendments
(Council to bring notebooks "Comprehensive Plan Update--City Council Review"
Department of Community Development Steve Lancaster, Director
MEMORANDUM
To: City Council /&opL~/-~
From: Steve Lancaster, Department of Communit ment
Subj: Comprehensive Plan Deliberations
Date: October 5, 2004
Deliberations:
Please bring your "Comprehensive Plan Update - City Council Review" notebook for use
during deliberations on Monday, October 11. Please make sum you have inserted the
"Supplemental Materials" we distributed on September 26 into your notebooks. This is
identified by the colored tabs "A" through "E". These materials form the core of
information you should try to review before Monday evening.
We will be focusing first on the information contained under tabs "D" and "E". Changes
from the existing comprehensive plan are highlighted. Tab "D" contains changes to the
Plan proposed in response to the Segale proposal for Tukwila Valley South. Tab "E"
contains information related to the proposed map change requested by the Sabey
Corporation.
If you complete deliberation on the first two matters, you may want to move on to Tab
"B." Tab "B" contains each'chapter of the plan containing proposed amendments relating
to the overall "GMA technical update".
You may also want to review the information contained under the tab titled "L04-025
GMA Update." The white pages identify changes proposed to the "Background Reports"
prepared in support of the Comp Plan. The green pages simply restate the Comp Plan
changes included in Tab "B".
Attachments:
Attached please find sheets that summarize the proposed Comprehensive Plan
amendments. We recently used this information in briefing the Chamber of Commerce
Government and Community Affairs Committee. as well as at twvo recent public open
houses. We hope you will find it useful.
6300 Southcenter Boulevarc~, Suite #I00 · Tukwila, Washington 98188 · Phone: 206-431-3670 ° Fax: 206-431-3665
SUMMARY SHEET
TUKWILA COMPREHENSIVE PLAN AMENDMENTS
10/6/04
Background:
The State of Washington requires all cities to review and if necessary update their
Comprehensive Plans during 2004 to ensure that the plans are consistent with recent
changes in the Growth Management Act (GMA). Staff reviewed the Comprehensive
Plan policies and found several items that required technical updates. The primary focus
was the Natural Environment policies and Sensitive Areas Ordinance. Most other
changes are modest in scope. In addition, members of the public have submitted two
applications for Comprehensive Plan amendments as partfifthe regular annual Plan
amendment process. The Comprehensive Plan may be changed only once each year, so
the technical revisions required by the GMA, and the two "annual" amendment requests
are being reviewed together.
In recent months, the Tukwila Planning Commission, City Council and staff have held
public meetings, hearings and open houses to provide the public with opportunities for
input in the process. Mailings, articles in the "Hazelnut" newsletters and information on
the City's website have kept Tukwila residents and businesses up to date on proposed
amendments.
The Tukwila Planning Commission completed its review and forwarded its
recommendations to the City Council. The City Council took testimony on the
recommendations at a public hearing on October 4, 2004. The City Council will
deliberate in the coming month, with adoption expected by year's end.
Growth Management Act (GMA)-related revisions:
The following summarizes the proposed changes to the Comprehensive Plan by topic.
These technical updates are required so that Tukwila's Plan remains consistent with the
State of Washington's Growth Management Act (GMA):
Natural Environment
· No significant Comprehensive Plan policy changes are recommended. References to
Best Available Science are added to comply with the Growth Management Act
· Changes are proposed for the Sensitive Areas Ordinance including:
· Revise the wetland mitigation section to increase the wetland mitigation ratio for
wetland enhancement per review of best available science
· Focus the wetland rating system on protecting existing functions and values
· Reorganize sensitive areas code to make it more "user friendly"
· Add fish and wildlife section to sensitive areas 6rdinance per Growth
Management Act
· Add Green/Duwamish River as Type 1 watercourse. Continue its regulation
through the Shoreline Overlay district
· Enlarge watercourse buffers for Type 2,3 and 4 watercourses per best available
science review
Request: The applicant (Sabey Corporation) proposes to change the
Comprehensive Plan/Zoning Code designations from Low Density Residential
(LDR) to Commercial/Light Industrial (C/LI) in order to add approximately 20
parking stalls for the adjacent Department of Homeland Security facility.
"Tukwila South" Comprehensive Plan Policy Changes requested by La Pianta
· Location: Approximately 400 acres generally from South 180th Street south to
Tukwda s annexation boundary at South 204 Street.
· Request: The applicant has requested text amendment/policy changes that would
enable this property to transition from the current agricultural and industrial area
to an urban multi-use district. Approximately half the'property is in
unincorporated King County and reqmres annexation to Tukwila.
NATURAL ENVIRONMENT
Under Washington's Growth Management Act (GMA), Tukwila is required to
identify and protect wetlands, wildlife habitats, aquifer recharge areas, steep
slopes and frequently flooded areas. These environmentally sensitive areas are
regulated primarily by Tukwila's Sensitive Areas Ordinance (1991).
Much of Tukwila's remaining vacant or under-utilized land contains development
constraints of some kind steep slopes, wetlands or watercourses or a
combination of these features. In addition, development has put additional
pressure on fish and wildlife habitat, This has presented challenges that have
been addressed by the City's development regulations, particularly the Sensitive
Areas Ordinance (TMC 18.45).
The GMA was amended in 1995 to require the use of updated scientific
information (''best available science"), as well as consideration of anadromous
fish in developing the regulations that govern environmentally sensitive areas.
As a result, the City is reviewing its policies and regulations with the assistance
of environmental and geotechnical consultants, to ensure that best available
science is incorporated into its sensitive area regulations.
RECOMMENDATt'ONS
· No significant Comprehensive Plan Policy changes a re recommended.
References to Best Available Science are added to comply with the Growth
Management Act.
· Changes are proposed for the Sensitive Areas Ordinance, including: · Revise the wetland mitigaUon section to increase the wetland mitigation
ratio for wetland enhancement per review of best available science;
· Focus the wetland rating system on protecting existing functions and
values;
· Reorganize the entire sensitive areas code to make it more"user friendly;"
· Add fish and wildlife habitat areas as an environmentally sensitive area by
adding a new section to the sensitive areas ordinance;
· Add the Green/Duwamish River as a Type I watercourse. Continue its
regulation through the Shoreline Overlay district;
· Revise the method used to rate the watercourses for greater consistency
with new State criteria;
· Retain the existing buffers identified in TMC 18.45.040 C. 1. and TMC
18.';5.040 C.2. for both wetlands and watercourses; and
· Reduce the threshold for identification of steep slopes from 20% to 15%
to comply with the Growth Management Act.
9-28 Open House
TRANSPORTATION
This element sets Tukwila's transportation goals and policies for the 20-year
planning peiiod. Tukwila's transportation system includes freeways, arterial
streets, access streets, transit service, sidewalks, trails and neighborhood
footpaths.
Growth scenarios are used in this element to project future traffic volumes and
determine how well our street network will be able to handle them. This
information is used to assign level-of-service ILOS) sta,ndards that the City tries
to maintain as growth occurs. A "level-of-service" standard is a scale from A
(best) to F (worst) which is used to rate how well a ~public facility or service is
meeting demand. The four classes of streets -principal arterials, minor arterials,
collector arterials and access streets each have width, speed limit and LOS
standards appropriate to their function.
Recommendations
· No major changes are proposed at this time. The Transportation Element will
be reviewed completely once city-wide traffic projections are completed, in
late 2004 or early 2005.
· Tukwila will assign LOS E standards to portions of"regionally significant
highways" in Tukwila, including SR 900 (South City limit to Boeing Access
Road) and SR 599 (I-5 to North City limit). This is required by the Growth
Management Act. LOS standards are set by the Puget Sound Regional
Council, the regional transportation planning agency.
· The planning period will be extended to 2020.
UTILITIES
Sewer, water, surface water, solid waste, electricity, natural gas and
telecommunications are addressed in this element. Sewer and water services
are provided by Tukwila, neighboring cities and special districts. Surface and
storm water drainage is managed locally, but planning and management among
jurisdictions is very important since water follows natural slopes, rather than
man-made boundaries. The remaining utilities are provided to residents and
businesses through franchise agreements or contracts between the City and
vendors.
Utility facilities and services are firmly tied to land d~velopment, determining if,
when and how it can occur. Rather than providing all its own utilities, Tukwila
relies on other public and private agencies to provide many of these services.
The importance of this reliance and the land use impacts of utilities actions must
be stressed.
Tukwila must address several key issues as it meets its utility requirements.
First, planned utility service extensions must be conform to adopted plans and
level-of-service standards. Second, City-managed utilities must coordinate with
non-City purveyors which serve portions of Tukwila. Finally, sewer systems put
in place to meet clean water goals may also result in environmental impacts.
Recommendations:
· Tukwila will address surface water requirements from the Growth
IVlanagement Act by adopting a new Surface Water Design Manual and
Surface Water Comprehensive' Plan.
· No major policy changes are required at this point
· Minor policy changes are recommended for consistency with the Flood Plain
Ordinance (2004). These include:
· Require on-site detention and treatment plants for development and
redevelopment unless a regional facility is provided
· Ensure that development actions in Tukwila do not cause significant
upstream or downstream impacts
· Ensure the City of Tukwila's continued participation in the National Flood
Insurance Program
· Apply the new Surface Water Design Manual as a minimum standard for
development projects that could cause or worsen flooding, erosion and
habitat problems upstream or downstream
CAPITAL FACILITIES
This element presents the goals and policies for Tukwila's Capital Facilities and
covers the period from 2004 through 2009. Planning under the growth
Management Act differs from traditional capital improvement plans because it
must identify specific facilities, include a realistic financing plan and adjust the
plan if funding is inadequate. A key requirement is "concurrency." This means
that public facilities such as roads, water and sewer must be ready when the
impacts of development occur.
The Ca pital Facilities Plan is divided into two categor,~es, one concerning general
government funds and the other enterprise funds. The largest sources of
general government funds are local taxes, grants, developer contracts and
bonds. Projects planned with these funds include residential and arterial street
improvements, parks, trails, fisheries. The community center and fire station
were built with these funds. Enterprise funds are mainly generated through user
fees, bonds and grants. In Tukwila, enterprise funds are used to maintain water,
sewer and surface water services and the Foster Golf Links.
Recommendations:
· No policy changes are proposed at this time.
· In response to comments from the State of Washington, we have prepared a
listing of all capital facilities projects through 2009 with funding sources, as
well as a full inventory of all City~owned facilities.
TUKWILA URBAN CENTER
Tukwila's Urban Center is one of 13 throughout King County. Developing the
Tukwila Urban Center ITUC) will ensure downtown Tukwila's long-term economic
viability and competitiveness in the region by creating an environment that is
known locally and throughout the region as a good place in which to work, shop,
live, do business and play. Proposed revisions to these policies are intended to
reinforce the area's existing strengths and open up new opportunities.
Tukwila is implementing the Comprehensive Plan by preparing a subarea plan for
the TUC, including the area designated for transit-oriented development
surrounding the Longacres commuter rail/Amtrak station. The TUC Plan has
had a significant public planning process. It is expected to be ready for adoption
in early 1995.
Key issues affecting the Urban Center incl Jde;
· growing regional competition in retail, office, and entertainment uses;
· proposed redevelopment of Westfield Shoppingtown at Southcenter;
· expansion of the 1-405 Corridor;
· future light rail and bus rapid transit service;
· design of a permanent Sounder commuter rail/Amtrak station at'Longacres;
Transportation issues are also a significant concern including:
· getting into and out of the Center easily;
· improving circulation within the Center;
· providing optional means for getting around (walking, bicycle, bus)as well as
by auto.
Proposed TUC Comprehensive Plan element/policy changes are intended to
express the general direction of the TUC Plan. Making TUC Comprehensive Plan
element/policy changes now sets the framework for the TUC Plan and allow for
the adoption of the TUC plan at a later date.
Recommendations:
· Supplement a market-driven approach to development with a combination of
guidelines, regulations, incentives and public sector-private sector actions
· Expand opportunities for housing (both stand-alone and mixed-use) in
appropriate areas.
· Enhance the attractiveness and competitive edge of the TUC by guiding
redevelopment to create areas where the built environment and types of
activities and uses benefit, complement and support each other.
· Allow greater flexibility in meeting parking needs
HOUSI'NG.
The first of the Comprehensive Plan's overarching goals is "to improve and sustain
residential neighborhood quality and livability." The Housing Element Background
Report Supplement 2004 examines Tukwila's progress in meeting its housing goals.
Key Issues:
· Housing Target
Tukwila is expected to provide the "regulatory capacity" for 3,200 new households
through 2022. Most new homes are expected in single-family neighborhoods.
However, proposed policy and zoning changes in )he Tukwila Urban Center Plan are
likely to allow increased housing in the urban center.
Housing Affordability--
· Tukwila has the highest percentage of "affordable housing" of any city in King
County. Nonetheless, households that make 30% or less than the County
median income continue to struggle.
· Tukwila supports affordable housing by assisting Iow income housing providers,
allowing 6,500 square foot lots, higher densities for senior housing and
permitting accessory dwelling units (''granny flats.'~
· Housing Variety--
Tukwila tries to balance the housing options that are developed here. All types of
households from seniors, to singles to large families, should be able to find a home
that meets their needs. This includes the possibility of finding a variety of home
ownership options, rental options and assisted living, if needed.
· High Turnover in Households--
Tukwila wants to reduce household mobility 'and to be a place where residents settle
and stay for many years. Its definition of success is to be a place where residents
share a sense of community and identify with their neighborhood and their City.
Encouraging the retention of households continues to be a challenge that is
addressed through both social events~ such as clubs, fairs, and classes which create
friendships, involvement and opportunity; and physical cues, which create a sense of
pride, attraction and identity.
Recommendations-'
No goal or policy changes are proposed or anticipated at this time.
· A detailed "Housing Survey" to be completed later in 2004 may suggest changes in
programs or regulations to support the existing housing goals and policies.
· Development code changes may be needed to address a new state law that requires
treating manufactured and conventional construction homes the same.
MAINTENANCE OF THE PLAN
Tukwila's land use and public facilities plans must be developed in an integrated
planning effort. Howe,/er, these plans cannot anticipate all of the changes in
development, local needs and community values that will occur over the 20 to 30
year planning period. Growth in adjacent jurisdictions and throughout the region
will also have cumulative effects that cannot now be fully predicted. In
response, local land use and public facilities plans will evolve.
Tukwila's public facilities plans (such as the Surface ~Water Plan, the Sewer Plan,
Parks and Open Space Plan) are updated periodically as required by state
statute. The Growth Nanagement Act requires that the Comprehensive Plan
provide for an "ongoing process of evaluation" to ensure that its policies are
consistent with each other and also consistent with the plans of other
neighboring jurisdictions. In general, the Comprehensive Plan cannot be
amended more frequently than once per year.
To ensure the Comprehensive Plan stays current with state requirements and
with capital facilities plans, this section of the Comprehensive Plan provides for
the review, monitoring and updating of Tukwila's land use plan.
Recommendations:
· Add wording to enumerate instances when the Comprehensive Plan can
be amended more frequently than once per year
· Set criteria in the Development Code to define when the Comprehensive
Plan can be amended due to an "emergency" situation
ECONOMIC DEVELOPMENT
The goal of thi;~ element is enhancing the community' 's economIc'
well-being. Tukwila's approach to economic development emphasizes sustained
moderate growth, high salary industries, quality natural and build environment
and growth targeted to certain areas and industries. Actions that are taken will
focus on retaining and expanding existing businesses, and the maintenance of
transportation and utilities systems so that they are not overloaded.
The main ways that the City. can affect the local economy include determining
the land that is available for development through land use and utilities planning
and by influencing private sector-investment and location decisions. The City
can also issue industrial revenue Oonds to target spending and use infrastructure
investment to develop designated areas.
Recommendation
· No polio/changes are proposed at this time
· Continue to provide the regulatory/development capaci~/to meet
employment targets set by King County's Countywide Planning Policies.
SABEY CORPORATION COMPREHENSIVE PLAN AMENDMENT
REQUEST
The subject property is designated Low Density Residential (LDR). It is located
at the western terminus of South 126m Street just east of the Tukwila
International Boulevard and abutting the western edge of 34th Avenue South.
The property is part of the Department of Homeland Security property currently
under construction at Intergate East.
BACKGROUND:
The affected property is part of the approved development plan of the
Department of Homeland Security (DHS) regional immigration services facility. At
the time of the Homeland Security services facility's Conditional Use permit and
the Design Review, the subject lot was not proposed to be used for access
purposes. The underlying LDR zoning does not allow parking.
As part of the DHS facility development, a boundary line adjustment was
recorded in March, 2003. The boundary line adjustment combined both the
subject property and the lot immediately west (zoned Commercial/Light
Industrial (C/1_I)) with a larger lot to the north. The larger lot is "split zoned" ---
the majority of the larger lot is zoned Manufacturing Industrial Center--MIC/L
and a small part in the SW corner is Commercial/Light Industrial-- C/LI).
Applicant has not requested any changes to the Comprehensive Plan designation
for this small C/L! portion.
APPLICANT'S REQUEST:
The applicant (David Evans and Associates for the Sabey Corporation) proposes
the following revision to the Comprehensive Plan and Zoning Code at the
western terminus of South 126m Street just east of the Tukwila International
Boulevard and abutting the western edge of 3~,m Avenue South:
· Change the Comprehensive Plan and Zoning Code designations from Low
Density Residential (LDR) to Commercial/Light Industrial (C/U) in order to
use the lot for about 20 additional parking stalls.
TUKVVILA VALLEY SOUTH (TVS)/LA PIANTA COMPREHENSIVE
PLAN AMENDMENT REQUEST
Tukwila South is the area generally from South 180th Street south to the City's
annexation boundary at South 204m Street. A portion of this area is still part of the
unincorporated King County, which is in the City of Tukwila's potential annexation area
BACKGROUND:
The applicant, La Pianta, LLC owns approximately 400 acres within the Tukwila South
area, about half of which is in the City of Tukwila and the remainder is in the
unincorporated King County. The areas within the unincorporated King County are
within Tukwila's Potential Annexation Area. The applicant envisions this area to be
transitioned from the current agricultural and industrial area to an urban multi-use
district..The applicant intends to submit a notice of intent to annex to the City in the
near future. At this time the applicant is requesting text amendment to the Tukwila
South element of the City's Comprehensive Plan.
PRO.1ECT DESCRIPTION:_I-he applicant had originally proposed to amend the
Comprehensive Plan designations in the Tukwila South area, from LDR and MUO
designations to TVS, along with the text amendments to the Tukwila South element of
the Comprehensive Plan. Since the original application, the applicant has withdrawn the
map changes, which they plan on incorporating as part of the master plan application
for the area.
APPliCANT'S REQUEST:
The applicant proposes the following revisions to the Comprehensive Plan
· Update the "Vision" section to reflect the proposed vision for redevelopment in this
area.
· Update the issues section. Delete reference to improvements to South 200th Street
which have been completed, as well as references to the levee system and the
valley wall.
· Amend policies to recognize and encourage a range of uses in the Tukwila South
area versus only industrial use, and allow feasible redevelopment on the hillside with
alternative engineering methods.
· Emphasize higher density, mixed and multi-use environments.
· Achieve a transition of this area to a more urban multi-use district.
COUNCIL AGENDA SYNOPSIS
CJ I 4,LA
0 4 2 Initiak ITEM NO.
I% i j Mee ting D ate Prepared by Mayor's review Copnc l review
mm 2 10/1 I RL D iw Icl lr• 1 L i a`os== I I I I I
I 1 1 1 I
ITEM INFORMATION
CAS NUMBER: 04-139 I ORIGINAL AGENDA DATE: OCTOBER 11, 2004
AGENDA ITEM TITLE Adopt Ordinance amending Surface Water Management in TMC Chapter 14.30 and
repeal Ordinance No. 1755
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing El Other
Mtg Date Mtg Date Mtg Date Mtg Date 10111/ 04 Mtg Date Mtg Dote Mtg Date
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal POR Police PA/ I
SPONSOR'S The Surface Water Management Ordinance needs to be updated to adopt standards
SUMMARY including the King County Surface Water Design Manual, the Growth Management Act
(GMA), the Clean Water Act, the NPDES and the Endangered Species Act. The ordinance
contains specific language regarding discharge, facility maintenance, inlet marking,
financial guarantees, and insurance.
REVIEWED BY COW Mt CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/8/04 9/21/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance updating Surface Water Management
COMMITTEE Forward to COW and then Regular for adoption
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION j
10/11/04
I
1
I
I MTG. DATE ATTACHMENTS I
I 10/11/04 Information Memo dated September 8, 2004 (revised from UC)
Surface Water Ordinance
Summary of Changes and SEPA Determination 1
Utilities Committee Meeting Minutes from 9/8/04 9/21/04 1
I Comprehensive Surface Water Management Plan available upon request
I
A
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: September 8, 2004
Subject: Surface Water Management Ordinance and
Comprehensive Surface Water Management Plan
ISSUE f
This ordinance adopts the 2003 Comprehensive Surface Water Management Plan.
BACKGROUND
Surface water regulations and practices have changed since the Tukwila City Council adopted the
current Surface Water Management Ordinance and the current Comprehensive Surface Water
Management Plan (1993). These changes include:
· In March 2003, the City applied to the Deparl~ent of Ecology for a Phase H National Pollutant
Discharge Elimination System (NPDES) Permit.
· In November 2003, CH2MHill completed the new Comprehensive Surface Water Management
Plan.
· The Growth Management Act requires the City to adopt one surface water standard.
The Comprehensive Surface Water Management Plan is the basis for the surface water element of
the Comprehensive Land Use Plan and the Surface Water Management Ordinance. The ordinance
contains provisions to ensure that activities within the City comply with current regulations including
the Growth Management Act (GMA), the Clean Water Act, the NPDES, and the Endangered
Species Act.
On July 23, 2004, Public Works received a SEPA determination of Non-significance for the
Comprehensive Surface Water Management Plan and for the Surface Water Management Ordinance.
ANALYSIS
1. COMPREHENSIVE SURFACE WATER MANAGEMENT PLAN
The plan is 21 pages long followed by five appendices that contain the supporting documentation
for the plan. The consultant, CH2MHill, was asked to assess current conditions in the City and
expected changes, and to provide a plan to help us get where we need to go. The following
summarizes the plan and the appendices following the order in the table of contents. All maps
are available in GIS, however, none of them were based on GPS survey data.
Page 3 Drainage Basin Characteristics
Describes and maps drainage basins. Figures 3 and 4 show areas where infiltration is
restricted and Level 2 detention is recommended.
Page 9 Surface Water Issues
Describes surface water issues in the City: 1) flooding, 2) fish habitat, and 3) water
quality.
Page 11 Regulations and Policies
Explains existing and forthcoming regulatory requirements for the City. This section
discusses two Department of]Ecology programs: 1) National Pollutant Discharge
Elimination System Phase II permit (NPDES), and 2) Total Maximum Daily Load
(TMDL) Program, and the federal Endangered/Species Act.
Page 13 Storm Drainage CH' Projects
Provides overview of the Capital Improvement Project list. Figure 5 locates the
projects, shows the ranking, and shows what surface water issues each project
addresses. Tables 4 and 5 show the ranked 412 fund and 301 fund projects. This
section also summarizes the potential for Low Impact Development within the City.
See Appendix C for more information.
Page 18 Operations and Maintenance
Summarizes the survey of all City activities that could affect surface water. See
Appendix E for more information.
Page 20 Recommendations
Table 6 summarizes the requirements and recommendations for the City's surface
water management plan.
Appendix A Annexation Review
Describes the two possible annexation areas and recommends creation of an inventory
and a base map in GIS.
Appendix B Regulations
Discusses in detail the regulatory requirements that apply to the City.
Appendix C Capital Improvement Projects (CIP)
Summarizes the supporting documentation for the CIP. The four attachments contain
the documentation.
1. Page C-27 Attachment A - Surface Water Management Issues
2. Page C41 Attachment B - CIP Projects
3. Page C-53 Attachment C - Project Summaries and Cost Estimates
4. Page C-165 Attachment D - Project Ranking
Appendix D Low Impact Development
Discusses Low Impact Developmem and provides some City projects where LID
techniques could be applied.
Appendix E Operations and Maintenance
Describes the City's current operations and maintenance and contains a rough
inventory of the City's surface water infra§tructure.
1. Page E-15 Attachment A - Annual Operation and Maintenance Costs
2. Page E-19 Attachment B - Survey Fonns
3. Page E-23 Attachment C - Pollution-generat ing Activities and BMPs
SURFACE WATER Mu~NAGEMENT ORDINANCE
This ordinance repeals all previous surface water ordinanceS. It aims to:
1. Simplify the language, consolidate similar items~, and organize the information so that
it is easy to fmd.
2. Adopt standards, rather than adopt a summary of the standards.
3. Ensure the ordinance does not limit Public Work's ability to regulate surface
water/drainage within the City.
4. Ensure the ordinance meets NPDES, GMA, and other applicable regulations.
Section 1. Plan adopted.
Adopts the Comprehensive Surface Water Management Plan described above.
Section 2. Regulations established.
14.30.010 Authority
Gives the Public Works Director the authority to administer this chapter and spells out the
actions the Director may take.
14.30.020 Purpose
Amended to match the Comprehensive Surface water Management Plan.
14.30.030 Del'tuitions
Contains definitions used in the ordinance and new or modified definitions such as "Low
Impact Development" and "Critical Drainage Area".
14.30.040 Applicability
States that the ordinance applies to all activities that could affect surface water.
14.30.050 Compliance
States that the ordinance contains minimum requirements and that the City must comply
with this ordinance, except for obtaining permits.
14.30.060 Discharges
Defmes accepted and illicit discharges to surface water within the City. This section helps
with development permits and enforcement and will help the City meet the NPDES Phase
II permit.
14.30.070 Standards
Adopts specific standards, including the 1998 King County Surface Water Design Manual.
The City will review and determine if it wants to adopt the new King County manual
(2004 or 2005), once it is adopted by King County.
14.30.080 Permits
Defines what activities trigger a permit and when an engineer is required.
14.30.090 Facility Maintenance
Allows the Director access to all sites, sets maintenance standards and approval process.
14.30.100 Special Drainage Fee
Allows the City to charge for maintenance of storm ~rainage facilities "turned over" to
the City.
14.30.110 Inlet Marking
Sets standards for inlet marking to help the City meet expected NPDES Phase II permit
requirements.
14.30.120 Financial Guarantees
Defines financial guarantees Public Works can require for some activities within the City.
14.30.130 Insurance
Provides the Director the authority to require insurance for risky projects.
14.30,140 Exceptions
Provides a process for exceptions to this ordinance and adopted standards. This section
includes a process for Low Impact Development.
14.30.150 Liability
Places liability with the permitee/developer.
14.30.160 Penalties
Restates 14.30,270 of the current TMC.
14.30.180 Abatement
Restates 14.30.280 of current TMC.
RECOMMENDATIONS
Approve the ordinance and forward to the Council with a recommendation to approve.
Attachments:
Draft Ordinance
Snmmary of changes to current TMC 14.30
Comprehensive Surface Water Management Plan (available upon reques0
SEPA Determination for Draft Ordinance
SEPA Determination for Comprehensive Surface Water Management Plan
L i t EUX 7
AN ORDINANCE OF llit. CITY COUNCIL OF 111E CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 1755;
xr
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Federal Clean Water Act requires protection of water quality
through implementation of water quality protection measures; and
WHEREAS, the City of Tukwila completed a new comprehensive surface water
management plan; and
y., WHEREAS, the City of Tukwila has obligations to protect surface water under the
municipal storm water discharge permit, issued by the State of Washington under the
Federal National Pollutant Discharge Elimination System Phase II program; and
WHEREAS, storm water management procedures established in 1995 by Tukwila
Ordinance No 1755 no longer effectively address the surface water management
requirements outlined above; and
WHEREAS, the City Council deems it to be in the best interest of public safety,
health and welfare for its citizens to enact the new surface water regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Plan adopted. New comprehensive surface water management plan is
hereby adopted.
Section 2. Regulations established. New surface water management provisions, to be
codified at Tukwila Municipal Code Chapter 1430, are hereby established to read as
follows:
Chapter 14.30
SURFACE WATER MANAGEMENT
14.30.010 Authority
14.30.020 Purpose
1430.030 Definitions
1430.040 Applicability
14.30.050 Compliance
14.30.060 Discharges
'sr<: 1430.070 Standards
14.30.080 Permits
14.30.090 Facility Maintenance
1430.100 Special Drainage Fee
`s> 14.30.110 Inlet Marking
1430.120 Financial Guarantees
1430.130 Insurance
14.30.140 Exceptions
1430.150 Liability
14.30.160 Penalties
14.30.170 Abatement
14.30.180 Injunctive Relief
14.30.190 Appeals
Surface Water 10/8ro4 1
14.30,010 Authority
A. The Public Works Director shall administer TMC Chapter 14.30. The Director's
authority includes the establishment of regulations and procedures, approval of permits
and exceptions, and en ...ent and implementation of measures necessary to carry
out the intent of TMC Chapter 14.30.
B. The Public Works Director may initiate all required actions to prevent or stop
acts or intended acts of an applicant or other person which constitute a hazard to life or
safety, or endanger property, or adversely affect the safety, use or stability of a public
way, surface water, a conveyance system, or a sensitive area or buffer.
C. If the Director determines that a person engaged in an activity that could or
does negatively affect surface water has failed to comply with City code or with
approved surface water plans and/ or other permit conditions, the Director may
implement any or all of the following enforcement actions:
1. Suspend or revoke without written notice any surface water permit issued
by the City, when the Director determines an immediate danger to life, safety, or
property exists in a downstream area or adjacent property,
2. Serve a written notice of violation upon that person by registered or
certified mail or personal service. The notice shall set forth the measures necessary to
achieve compliance, specify the time to commence and complete corrections, and
indicate the consequences for failure to correct the violation.
3. Suspend or revoke any surface water permit issued by the City after
written notice is given to the applicant for any of the following reasons:
a. Any violation(s) of the conditions of the surface water permit;
b. Changes in site runoff characteristics upon which a permit or
exception was granted;
c. Construction not in accordance with the approved plans; or
d. Non compliance with correction notice(s) or "stop work" order(s)
issued for the construction of temporary or permanent storm water management
facilities.
4. Post a "stop work" order at the site, directing that all activities that could
affect surface water or a conveyance system cease immediately. The "stop work" order
may include any discretionary conditions and standards adopted in TMC 14.30.070 that
must be fulfilled before any work may continue.
14.30.020 Purpose
The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the
following purposes:
1. Promote sound development policies and procedures that protect and
preserve the City's water courses, ground water, and surface water infrastructure;
2. Protect surface water conveyance systems and receiving waters from
pollution, mechanical damage, excessive flows and other conditions which increase
erosion and /or turbidity, siltation and other pollution, or which will reduce ground
water recharge, or endanger aquatic and benthic life within surface waters and
receiving waters within the State;
3. Meet the requirements of State and federallaw;
4. Fulfill the City's responsibilities as trustee of the environment for future
generations;
5. Promote the health, safety and welfare of the public;
6. Protect private and public property from drainage- related damage;
7. Promote site planning and construction practices that are consistent with
natural topographical, vegetative and hydrological conditions; and
8. Preserve and enhance the suitability of water bodies for recreation and
wildlife habitat.
Surface Wafer 10/4/04 2
14.30.030 Definitions
Unless specifically defined below, words or phrases used in TMC Chapter 1430
shall be interpreted using the meaning they have in common usage and to give TMC
Chapter 1430 its most reasonable application.
1. "Applicant" means any person, governmental agency, or other entity that
executes the necessary forms to procure official approval of a project or a permit to
carry out construction of a project. Applicant also means any person, governmental
agency, or other entity that is performing, or plans to perform, permitted work within
the City.
2. "Approval" means proposed work or completed work conforming to TMC
Chapter 1430 as approved by the Director.
3. "Best Management Practice" means those practices which provide the best
available and reasonable physical, structural, managerial, or behavioral activity to
reduce or eliminate pollutant loads and /or concentrations leaving a site
4 "City" means the City of Tukwila or the City Council of Tukwila.
5. "Comprehensive Surface Wate /Management Plan" means a plan adopted
by the City Council to guide the physical growth and improvement of the City and
urban growth management area, including any future amendments and revisions.
6. "Conveyance System" means natural and man-made drainage features
that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter
surface water. Natural drainage features include swales, streams, rivers, lakes and
i f wetlands. Man-made features include gutters, ditches, pipes, and detention /retention
facilities.
7. "Critical Drainage Area" means an area, as determined by the City,
needing additional controls to address a flooding, drainage, and /or erosion condition
which poses an imminent likelihood of harm to the welfare and safety of the
surrounding community.
8. "Development" means any man-made change of improved or
unimproved real estate; the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any mining, excavation, landfill,
clearing, or land disturbance; or any use or extension of the use of land.
9. "Director' means the Director of the Public Works Department or
designee.
10. "Drainage Review' means an evaluation by the City to determine
compliance with the City's standards and adopted surface water management manual.
11. "Erosion' means detachment and transport of soil or rock fragments by
water, wind, ice, etc.
12. "Illicit Discharge" means all non surface water discharges to surface water
conveyance systems that cause or contribute to a violation of State water quality,
sediment quality or ground water quality standards. These discharges include sanitary
sewer connections, industrial process water, interior floor drains, car washing, and grey
water systems.
13. "Low Impact Development" means use of innovative or creative
approaches to site design, using methods such as retention of natural vegetation,
significant reduction of effective impervious surface, enhanced infiltration, and changes
in traditional site features such as roads and structures to achieve dramatically
reduced or zero drainage discharge from the site after development.
14. "Plans" means the plans, profiles, cross sections, elevations, details and
supplementary specifications, showing the location, character, dimensions and details
of the work to be performed. These plans are approved by the Public Works Director
and are usually signed by a licensed professional engineer.
Surface water 10/4/04 3
15. "Pollution" means contamination or other alteration of the physical,
chemical, or biological properties of waters of the State that will or is likely to create a
nuisance or render waters harmful, detrimental, or injurious 1) to public health, safety
or welfare, or 2) to domestic, commercial, industrial, agricultural, recreational or other
legitimate beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic
life. Contamination includes discharge of any liquid, gas, or solid, radioactive or other
substance. Alteration includes temperature, taste, color, turbidity or odor.
16. "Project" means activity encompassing all phases of the work to be
performed and is synonymous to the term "improvement" or "work."
17. "Runoff" means water originating from rainfall and other precipitation
that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and
wetlands, as well as shallow groundwater and that portion of precipitation that
becomes surface flow and interflow.
18. "Sediment" means fragmented material originating from weathering and
�5{ erosion of rocks or unconsolidated deposits, which is transported by, suspended in or
i >G`> deposited by water.
19. "Sedimentation" means the deposition or formation of sediment.
20. "Single- family Residence" means a project that constructs or modifies one
>ri single family dwelling unit and /or makes related onsite im v.....ents, such as a
driveway, outbuildings, or play courts.
21. "Surface Water Plan" means a set of drawings and documents submitted
as a prerequisite to obtaining a development permit.
.5":::10; 22. "Storm Water" means surface water
23: "Storm Water Drainage System" means conveyance system.
24. "Surface Floe' means flow that travels overland in a dispersed manner
(sheet flow) or in natural channels or streams or constructed conveyance systems.
:::11 25. "Surface Water" means that portion of precipitation that does not
naturally percolate into the ground or evaporate, but flows via overland flow, interflow,
channels or pipes into a natural drainage system, a surface water conveyance system or
into a constructed surface water facility.
26. "TMC" means the Tukwila Municipal Code.
27. "Typical" means the guidelines that shall be followed unless the Director
approves an exception.
28. "Water Body" means a creek, stream, pond, wetland, lake, or river.
29. "Watershed" means a geographic region within which water drains into a
particular river, stream, or water body as identified and numbered by the State of
Washington Water Resource Inventory Areas (WRIAS) as defined in the Washington
Administrative Code.
1430.040 Applicability
TMC Chapter 14.30 applies to all activities occurring within the City limits that
could affect surface water.
1430.050 Compliance
A. TMC Chapter 1430 contains minimum requirements. The requirements do not
replace, repeal, abrogate, supersede or affect any other more stringent requirements,
g;`:.. rules, regulations, covenants, standards or restrictions. Where TMC Chapter 14.30
imposes requirements that provide more protection to human health or the
environment, then the requirements of TMC Chapter 14.30 shall prevail.
B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver
of other laws and regulations, nor do they indicate compliance with other laws and
regulations.
Surface Water 10/4/04 4
C. pliana anegulations, dards
manuals Com adopted by ce th with e City TMC does Ch not pter necessar ily d mitigate related all r impacts to hum health and
and the environment. In such cases, the applicant must implement additional mitigation
to protect human health and the environment.
D. City departments shall comply with all the requirements of TMC Chapter
14.30, except they are not required to obtain permits and approvals from the City for
work performed in the public right -of -way, nor for operation and maintenance
activities by the Department of Parks and Recreation.
14.30.060 Discharges
A. Once the applicant shows that a proposed discharge will not contaminate
surface water or ground water, the Director may allow the following discharges into
surface water:
1. Drainage from landscape watering, maintenance and gardening at a single-
family residence, foundation drains, and natural ground water and spring seepage, as
long as there is no associated erosion or sedimentation;
2. Water from well, reservoir, anyi water supply disinfecting and flushing
activities;
3. De- chlorinated swimming pool and spa water;
4. Car and boat washing and other similar maintenance activities from a
single- family residence, if cleaning agents are biodegradable, non phosphate, and non-
solvent based;
5. Dye used in dye testing of surface water drains and streams;
6. Contaminants from emergency response activities or other actions that
must be undertaken immediately, or within a time too short to allow compliance with
TMC Chapter 1430, to avoid imminent threat to public health or safety;
7. Pavement and street washing, only after sweeping and vacuuming of all
debris, dirt and other material to the extent practicable; and
8. Runoff of roadway anti-icing and de -icing agents, provided they are applied
according to best management practices.
B. The Director may prohibit all discharges to surface water and ground water
that are not listed in TMC 14.30.060A, including.
1. Illicit connections to storm drainage systems and surface water bodies,
including sanitary sewers, process waste water discharge, sump overflows, internal
building drains, floor drains not exposed to rainfall runoff, or other similar connections;
2. Sump pump discharges from electrical and mechanical vaults;
3. Chemicals, petroleum products, paints, solvents, detergents, and
degreasers, or other toxic or deleterious materials;
4. Trash, debris, food waste, animal wastes, street cleaning waste, or similar
refuse;
5. Unstabilized soil, sand, gravel, pavement debris, or construction materials
that can erode in an uncontrolled manner into a drainage facility or stream channel;
6. Lawn clippings, leaves, branches, or other landscaping and yard debris;
7. Turbid water from construction site runoff, dewatering, soil boring or
other excavation activities, except if such discharge is permitted under an approved
temporary erosion prevention and sediment control plan, a State Discharge Permit for
construction activities, or other similar" permit, and the water treatment facilities
required under an approved permit are properly designed, constructed and
maintained; and
8. Any other material that is considered harmful to humans, animals, aquatic
life, or their habitat.
'1 Surface Water 10/4/04 5
14.30.070 Standards
All activities within the City shall be undertaken in accordance with the following
minimum standards, except that dependi ort a project's possible impacts to public
arid environmental health min safety, the Director may require stricter standards:
1. The Elimination S
City's Discharge vo ystem (NPDES)
permit.
I The 199o r^°"i-,q1'�'.,^
reference uxifhzDy set forth lx�eexcept 8sd,onlens the context indicates otherwise,
by
Hkc"county uod" County" shall refer Lo the City n6 Tukwila and exce9t as
ooeocux�bu th Ewa'�^`�/^~�°npn"lo tn`, r �a°/� r)pg' ar
�n�o .jurt
CI The Duector will review subsequent amendments, revisions and versions tv
the lo98nt:_gr' ~y Spr6,"Wa,^,r>rciCvxx»n/`al and will adopt these as needed and
as applicable.
3. The Department of Ecotogy s Surface te
Washington, w�dcbouayheosed8�pzojoctde/8� foDowioO approval hy the Public
Works Director.
4. The 1995 King County Storm Water Pollution Control Manual, except that,
unless the context indicates otherwise, the "county" and "King County" shall refer to
the City of Tukwila and except as amended in the mita Vt7,-wirc ri
Prliddfinng and npaign arid ronci-rnrtinn Sfandarda, The Director will review
subsequent amendments, revisions and versions to this manual and will adopt these as
applicable.
5. otuodazdumo�co' `abvnsbzspecU� ort�such no ���-rr-----
report and the Technical Informatiort Report, and design cnteria contained m the
Comprehenswe Surface Water Management Plan or dramage basm plans
14.3(1080 Permits
A. The application for and issuance of a surface water/storm drainage permit
constitutes the administrative mechanism for the enforcement cnthe
provisions
contained herein. Such permits shall henon~bunufe�z�e without approval ofthe Public
Works Director, and shall be lrnuted to the specthc activities for which they are granted.
8. Activities that trigger drainage review pursuant to the 1 99R King Cninty
SUL -C^^^m ^p ,npai g ox x^nnxl rnInizeapernuit.9eooituypliraUvosbaDbeouadetndbe
City's permit center.
C. All plans, drawings and calculations shall be prepared, stamped,
dated by a registered professional engineer, licensed in the State of W
single-family residence that is not in a sensitive area and does not trigger drainage
review may be exempt from this requirement.
D. The submittals for the pennit must meet or exceed the minfmum criteria in the
1998 n'/ttrr-'"tyc Man"nt and the City's Development
Guidelines and Design and Construction Standards The Director may require
additional submittals to those described therein.
Eplans upczobtmd
project require revision submittal the City for approval before the changes are
14.30.090 Facility Maintenance
A. All Facilities.
T. The Director has unhmited uccesv ntaDreuaonubletboe»`toony
property whenever the Director has reasonable cause to believe violations of TMC
Chapter 14.30 are present or operatin n a subject property, whenever necessary to
malce an inspection or perform activities to enforce any provisions of TMC Chapter
14.30, whenever necessary to monitor proper function of drainage facilities, or
whenever the condition af a surface water system presents nmmnent hazard
Surface Water 10/4/04
2. When the City has given a facility owner prior notification and the owner
has failed to maintain such facilities, or when conditions make it impossible to give
prior notice, the City may perform the required maintenance or repairs with the cost of
said work assessed as a lien against the properties responsible for the maintenance.
This action shall be in addition to any other enforcement provisions provided in TMC
Chapter 14.30.
3. Mamtenance of private facilities and best management practices are the
responsibthty of the facihty owners
4. If the property owner(s) does not maintain the fadiity as prescribed in the
approved maintenance schedule, the Director may issue a written notice speci the
�o completion of specified f
r�gob�8axdooauodo�Uio�ubzucinaue zco u000 �ycoeac�noo��
these corrective actions are not performed in a timely manner, the City or a private
contractor hired by the City may enter the property rform the actions and bill the
property owners(s) for the cost of the work In the event the Director determrnes a
hazard to pubhc safety exists, written notice is not required
8 New Facilities
1. For privately-owned 6acdib Applicant shall provide amonitoring
aodoszbdxzsazceschedule for the l�eof each mo�orvratez6� \management
�h�ezemdtb�uf�onu8n�dvr'y^�zueot&tuoz�donoo,theocbcdnleobulldeocrO�e
�za resulting
the maintenance activities, spell out the frequency for each activity, and state who
performs and who pays for each activity
2. The monitoring and maintenance schedule shall provide unlimited access,
at all reasonable times, to the facihhes for inspection by the Public Works Department.
3. The Director shall review und approve the monitoring and maintenance
schedule before the applicant records the schedule with King County Records.
14.30.100 Special Drainage Fee
When the City accepts dramage infrastructure that requires upkeep m excess of
normal mamtenance, the City has the right to charge the benefitmg parties a special
dramage fee, m addition to the 'nozoo8aodacewmhercbazge,asucooddivuo6
turnover m order to cover costs for this mamtenance
1438110 Inlet Marking
A. All new inlets and catch basms, public or pnvate, shal be marked No
Dumping! Drains to Stream"
B Thristing inlets and catch basins, in areas being resurface& or when being
modified v, replaced, shall marked "No Dumping! Drains
C The marking shall meet the standard in the Cfty s Development Guidelmes and
Design and Construction Standards
14.30.120 Financial Guarantees
A. The Public Works Dfrector may require bnorthe applicant a surety, cash bond,
irrevocable letter ofoedit means City,
prior to approving the permit.
B. The amount of the financial guarantee shall not be les than the total esmated
construction cost of all interim and permanent storm water control facilities, and shall
not be fully released without final inspection and approval of completed work by the
City.
ha±ards, the Public Works Directdr may require uzc provision of tmancial guarantee
letter w credit, rc.) with the City mitigate uld they occur.
The following provisions shall apply in instances where such financial guarantees are
required:
1. Such bond or other proof of financial guarantee obxOootexceedl5A%of
the estimated cost of constructing and maintainirtg dbone improvements vrlicbnreUue
source of the risk or potential hazard; provided that, in the case of surface water
Surface Water /umm* ^7^
activities which do not involve expenditures at least equal to the cost of remedying the
possible adverse impacts of such activities, the required financial guarantee shall be
equal to City staff's best estimate of the possible costs directly associated with
remedying the adverse impacts to public or private properties not associated with the
development.
1 The amount of any financial guarantee shall not serve as a gauge or limit to
the compensation collected from a property owner because of damages associated with
any surface water activity.
D. The City shall retain the financial guarantee until the completion of any project
involving surface water activity or following a prescribed trial maintenance period.
E The City of Tukwila may redeem financial guarantees provided in accordance
with this provision in whole or in part upon determination by the Public Works
Director that any or all of the following circumstances exist:
1. Failure on the part of the party providing such financial guarantee to fully
comply, within the time specified, with a plans and/or an
P rr����— P any corrective or
enforcement actions mandated by TMC Chapter 14.30; or,
1 Damages to public or private property arising from the activities for which
the financial guarantee was required.
14.30.130 Insurance
A. If, in the opinion of the Public Works Director, the risks to property or life and
safety associated with a proposed development activity are substantial, said official
may require the property owner to purchase liability insurance coverage in the
following minimum amounts:
1. Bodily injury liability $1 million per occurrence.
2. Property damage liability $1 million per occurrence.
B. The Public Works Director may require higher policy limits than set forth in
TMC 14.30.130A in those cases where the minimum amounts are deemed insufficient to
cover possible risks. All insurance policies obtained in accordance with these
provisions shall name the City of Tukwila as an "additional insured,' and shall be
written by a company licensed to do business in the State of Washington. Neither
issuance of a permit, nor compliance with these provisions or any other conditions
imposed by the City relieves any person from responsibility for damage to persons or
property otherwise imposed by law, nor for damages in an amount greater than the
insured amount. Issuance of a permit shall not form the basis of liability against the
City for damages to persons or property arising from the development activities
permitted by the City or otherwise undertaken by any person.
14.30.140 Exceptions
A. Requested by Applicant.
1. The Director may grant a written exception from any requirements of TMC
Chapter 1430 if there are exceptional circumstances applicable to the site such that strict
adherence to the provisions contained herein will result in unnecessary hardship and
not fulfill the purpose of TMC Chapter 14.30. The cost to design and construct the
improvements shall not constitute hardship and shall not form the basis for an
exception.
2. The applicant shall provide the Directo3 a written request stating the
specific exception sought and the reasons supporting the exception.
3. The Director may grant an exception to TMC Chapter 14.30 only if all of
the following criteria are met:
a. Strict compliance with the provisions of TMC Chapter 14.30 may
jeopardize project feasibility and reasonable use of property;
b. Proposed drainage facilities are consistent with the purpose and intent
of TMC Chapter 14.30;
Surface Water 10/4104 a
c. Granting the exception or standard reduction will not be detrimental
to the ublic welfare, public safety, existing drainage systems or other property in the
P P t3'• g g Y P P t3'
drainage basin; and
d. The recommendation of a registered civil engineer supports the
exception.
B. Low Impact Development.
1. In order to achieve the City's goal of increasing the amount of
development with less impervious surface, the Director may approve exceptions to
Public Works standards, including street standards. Exceptions requiring approval
under the land use codes, such as parking and landscaping, must be made to the
Department of Community Development.
2. The applicant shall provide justification for each exception and shall show
that the project meets all other TMC requirements, and that the project has a reasonable
assurance of long -term success.
3. Each exception shall be assessed on fhe following criteria:
a. The result will compensate for or be comparable to surface water flow
control and treatment that is m the publics interest;
b. The exception contributes to and is consistent with achieving low
effective impervious surface area within a development;
c The exception contains reasonable assurances that low effective
f impervious surfaces will be achieved and maintained;
d. Granting of the exception will not threaten public health and safety;
e. The exception meets or is consistent with generally accepted
engineering design practices;
f. The exception promotes one or more of the following:
(1) Innovative site or housing design;
(2) Increase on -site surface water retention using native vegetation;
(3) Retention of at least 60 percent of natural vegetation conditions
over the site;
(4) Improved on -site water quality beyond that required in current
standards adopted by the City;
(5) Retention or recreation of predevelopment and/ or natural
hydrologic conditions to the maximum extent possible; and
(6) Reduction of effective impervious surface to lowest extent
practicable.
g. The exceptions do not present significantly greater maintenance
requirements at facilities that will eventually be transferred to the public ownership;
K Covenant, conditions and restrictions necessary for native growth
protection easements, impervious surface restrictions, and other such critical features
necessary for the exceptions will be recorded against and will be binding against all
affected properties.
C. The Director may require a monitoring and evaluation plan in order to
measure performance of specific elements in the exceptions.
D. The Director may require a performance bond -for 150% of the installation cost
of the exceptions.
E. The Director may require a two -year maintenance bond for 20% of the
construction cost.
14.30.150 Liability
Liability for any adverse impacts or damages resulting from work performed in
accordance with any permit issued on behalf of the City of Tukwila for the
development of any site within the City limits shall be the sole responsibility of the
applicant.
Surface water 10/4/04 9
14.30.160 Penalties
The following penalties shall be applied in whole or in part for the violation of
permit conditions or for the failure to obtain permits required for activities regulated by
TMC Chapter 14.30. All remedies shall be considered cumulative and in addition to
any other lawful action. Each day that a violation of this code is committed or
permitted to continue constitutes a separate offense to which both the civil and criminal
penalties set forth below shall apply.
1. The violation of or failure to comply with any order or requirements made
in accordance with the provisions of TMC Chapter 14.30 is a civil violation. The
provisions of TMC Chapter 8.45 shall be used to enforce this code.
2. It shall not be a defense to the prosecution for failure to obtain a permit
required under TMC Chapter 14.30, that a contractor, subcontractor, person with
responsibility on a site, or person authorizing or directing the work, erroneously
believed a permit had been issued to the property owner or any other person.
14.30.170 Abatement
The City may abate any surface water activity that is deemed a public nuisance and
is performed in violation of TMC Chapter 14.30 or any lawful order or requirement of
the Director.
14.30.180 Injunctive Relief
A. Whenever the City has reasonable cause to believe that any person is violating
or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or
issued .pursuant to TMC Chapter 14.30, it may, either before or after the institution of
any other action or proceeding authorized by TMC Chapter 14.30, institute a civil action
in the name of the City for injunctive relief to restrain the violation or threatened
violation. Such action shall be brought in King County Superior Court.
B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall
not relieve any party to such proceedings from any penalty prescribed for violations of
TMC Chapter 14.30.
14.30.190 Appeals
The appeals process for /by any person aggrieved by the action of the City is
provided under TMC Chapter 845, "Enforcement"
Section 3. Repealer. Ordinance Na 1755, as codified at TMC Chapter 14.30, is
hereby repealed.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase
'f r of this ordinance or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre empted by state or federal law or regulation, such decision or pre
emption shall not affect the validity of the remaining portions of this ordinance or its
application to other persons or circumstances.
Section 1 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
r`. after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST AUTHENTICA 1 ED:
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 Da -P•
r'. Office of the City Attorney Ordinance Number
Surface Water 10/ 8/04 10-
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
Chapter 14.30 Chapter 14.30
STORM WATER MANAGEMENT STORM WATER MANAGEMENT
Scctlcns: 14.30.010 Authority
~,~4;M~t0__T4t4e 14.30.020 Purpose
~9¢;~30-P4~l~se 14.30.030 Definitions
~ 14.30.040 Applicability
14 ................... s 14.30.050 Compliance
............... ~ ....... ~ 14.30.060 Discharges
r, ....... D ........ . ......... .~ ...... ~ 14.30.070 Standards
14.30.079 ,., r,~,-~,
............... =~ 14.30.080 Permits
lA ,~n ~n n~ ..... o,~,,~ .... c~..,,u!rcments
................ = ............ '* 14.30.090 Facility maintenance
........................ = ...... s 14.30.100 Special Drainage Fee
14.30.!!0 e,,,,~, n,o~ .... D,,,~,~, D .... ~ .....,¢ 14.30.110 Inlet Marking
14.30.!20 D,.,~,~, ^,,,~,,-,~,, 14.30.120 Financial Guarantees
14.30.!30 ^""';"~*~"" ~"'~*"'~' r~,..~ .... D,.~,,~ '4.30.130 Insurance
14 ....... 14.30.140 Exceptions
14.30.!50.~-,' ......... ,~ ~.~ ~,~,~,~.~.,,. ~.--,,,--~r~'"~ .... .~crm!ts 14.30.'150 Liability
.~. . -=.- - . -~ 14.30.160 Penalties
14.30.!70 e~,--~, n
.............. = ............. 14.30.170 Abatement
........... ~ 14.30.180 Injunctive relief
14.30.!80 Storm DrainaGe Pcrm!t
14 ...........~. .......... ., ......... ~ .............. 14.30.190 Appeals
14 ............. = .... ¢ ........
14.30.220
!4.30.290 ~'-~ .... *~'"'
14.30 ......... n~,~ -r~,~. See Section 2. of the ordinance
4.30.020 D ...... ,~ See 14.30.020 Purpose
..,.,~..i ~,.,~/ .......... x ...... ;~'"30t$ t" "~'"'+" an~ Updated to match new Comprehensive
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC . I PROPOSED ORDINANCE
Surface Water Management Plan.
3. Est3b!{sh ~nd ~nforc~ storm dra'nag~ st~nd~rdc for
c .... "' ~C"* t~ ~it'-' of Tukw' a e*~.m
(Ord !755~w"~m
~ See 14.30.040 Applicability
..... CL¢ ..........
to control m~.~ ~.~--.~ -~*,,,,*'ss w:th',n tho '*"
!4.30.040 n,,~:m*i~,., See 14.30.030 Definitions, 14.30.070
[~f th .......... ~ T~r' r"h.,,-,*..-- '~ 4 qn. Standards
i~ ~¢ :~J,¢:l,:-~-~ ~,wi ,~]*,1 Removed definitions that are in the
...... , ~ ~mm:~s standards adopted in 14.30.070 Standards
[~¢''1 .... ¢~r ~,1¢~ ~ n~,Uf3 ,,¢~¢ ~:~:¢~1 ~f~' '¢*"'1''' removed definitions not contained in the
u ...................................... = .... ~ .......... ¢' remaining definitions to
dl~ ..... ' '~.~¢...m~.m, ordinance, updated
~,~u/~u~~ b~d.m2~=~omc~Prc=~/cos Tho~ match currently-used definitions.
2. A~ .....
hou .............................. ~ ~ ..................
do~ ~,~ .......... ~, ~¢ ...... ¢ ......................
14.30.
2
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposee Ordinance
CURRENT TMC PROPOSED ORDINANCE
8. C. ...... ~ .... ; ................. - ..... , u .... , u .......
3pp ................ = ...........................= ~' .............
do; ~.~,., ........ ~ ................................. '-' ....
Indu~,, ,u ........................................ ' .....................
17. r~...; ............. ^n ............ ; .............
propcscd ,4.~ ..~ .....,,,- .... ~ .... with thc~,'~'"~..,. .... ,~,,
roqu ....................... ~. .............................
W~lt~, ~ ..... ;, ~ ......... ~ ...................................
3
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Prc )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
· Ers ................................... · ..... ,-, .... · ~,
.................................. ~ .......
4
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
.CURRENT TMC PROPOSED ORDINANCE
32. Plan Sec _,,~g~n ...... ~ .......
Pc ............ · ....................~h .........
w ........... ¢ ~ dr ..... ~ ~¢ ..................
pM ............: ~3,~.~, .......... , .............................
plp~, ~ ........... ~.~.: ~, .R ....... ¢ ~ b .......... , ............... '
38 .......... ~ ................... ¢ ...... ~ ...........
do~ ~,~ ................. ~ ............... ' ................. ~ ............
build,, 'u .................. ~ ...... ~ .........
....................... 2clh
dof ...... J ......... F
4~. e~*m A t~G31:}' ~ ..................... F'~F~' '~ .........
5
TMC 14.30 SURFACE WATER MANAGEMENT
Corn parison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
T,~C !.~ qn n~n, n~n
47.
Stcr,,~,
tO ..........
53. TO..,,- ....
tr .......
6
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
56. ,,~, ....... d T~,~*~,*--,I ,4~; .... -- ...... ~,..3t~ ,e -
57 ........... &n 3r
..... so ~f ......hap .................. - ...............
· '. -'. -'-d
rot .............. ~ ............................. z ................
..~. ~.~ ~-- ,~ ~, .... ~-~ ~-fiv!t" to occur thst
5g. ~z"* ..... I~ ' ....
....... , ~, ~ ,.,~*~-; ........ ~ ~" ~ !id which ~'~
fro ............ u ........... ¢, , ......... ~ .... ~ .......
(Ord. *~5~¢""m 1995)
14.30.050 r~.~.~ - D..,,; ...... ., n.~; ....o..~.~* o .... c~ See 14.30.070 Standards
De ....~ .............................. propose .......
A. ~ ..... *~ ~ *~ City ~¢ T,.,.,.,.~
.~;...~ ~* *~ .... +.; .........~,~ ..~ ¢~ .... , .....~ This is a n incomplete and outdated
~,;,,l¢~ i;.,~a i. m~*C * ~ qn hen .~.,;.~ ~ H-~; ...... view summa~ of the requirements in the 1998
..~ nn ¢ ....... ~ .....,~ ~ King County Su~ace Water Design Manual
¢cc ~*¢¢ ~ ~n non nnn ..... 1 .......
¢ ....,.,,*,;~ -¢ dra~na-c f3d!it!es w' - .... ,, ¢.~ ,~ adopted in 14.30.070
14.30 .........
.070.
7
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro posed Qrdinance
CURRENT TMC PROPOSED ORDINANCE
Land ,~,!t~dng, =nd .......... +~,-' -,,~'"'"ds ;v!!! bt; ..... ~; ....
.............. u ................... '~ ....... See 14.30.070 Standards
~ .... ~ ....., ~,i,,;*~-~ i;~.~ ;- m~ ~ ~ ~n n~n~ ,,,~;~h ...... ~. T~is is an incomplete and outdated
.... ,~. ~ nnn ~ ~.~ ~* ~¢ ..... ~ .....~ .... summa~ of the requirements in the 1998
1. Add .................. ~ ...................~ ........
s.,~ ...... King County Surface Water Design Manual
2 C~,~. ~ ...... *~o* .... ~ ..... ~ ~* ....... *~ (KCSWDM), adopted in 14.30.070. The
~¢ .... ,k~. ~ ~nn ....... ¢~-*' ~. land use actions are covered under the
~, ..... ~,, ~, ~o~ ~*.~3m ~ ~o ,::~d3nd ~- drainage review requirements in the 1998
, ~ .................... u ............. ~' ~ ............... ~ ~' The KCSWDM requires drainage review
.... ~ ...................................... based on imperious surface, uso, and
..........~.....~. ~.~,~, locations such a8 sensitive areas.
~d.30.
· . h-! ~: ~ -;
14.39.979 ,,~;. r~;~. ..... See 14.30.060 Discharges
/r~..~ ~-7c~ ~/..~.*~ ~ ~ New ordinance lists allowed and illicit
~ ........ ~' ~' '~' ' ~ discharges. Will aid in implementing the
NPDES permit. ~,,~,., ~ (~F((U
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
1~ qn n~n r~; .... o~.,,~ .... o .......... ~o See 14.30.070 Standards, 14.30.140 A
STC .................................. Exceptions, 14.30.090 Facility
~ ...... ,;,,~*;~- -~,, ~ ~ .................... da ............... Maintenance, 14.30.100 Special Drainage
~,,~,,,; .... ;,~.~ ~-~ ,*~-~-~-- Fees, 14.30.120 Financial Guarantees and
1. ~-~="~';*~'~ ~* ....... * ........... * ......... TMC165~TMC1845.~ ~/-
~,~, m~,,;~ .... ~ ~ou ~,,~ ..... , ,~ ............,~ ~ ,~ 1998 KCSWDM Adopted in 14.30.070
Tuk .......... ~ ............................... u .................. z
..... ¢ ....... u .................................................. ~ See 14.30.070
....... ~ ........................ = ............. See 14.30.070
n ....~ ..... , Deleted. Retention and water quality per
QCCO .............. ~ .......... z ...........
St3ndcrds. ~the 1998 KCSWDM adopted in 14.30.070.
See 14.30.140 A Exceptions
A r~ ............. ¢ .... ~ ...... , .................... Allowed under Exceptions. This option has
c ............. ¢ ............... ~ ............................... not been used by developers and the City
~,,~¢~*~ ,- ~*~- ¢ * ....~ .... ~ .....*- 2.!c~ ................. has limited sites appropriate for re onal
.................. u ............. ¢ .... ¢ ....................~ ....... detention.
, ,,, ~, ~k ~ *k~ ¢~,,~,,,; ..... ~ -~u~r~monts wh;~k 3m
~..-~ .... ;~ ,.,;- ~.~..~*~;' ...;* ,~,.,.~ ~-,,~e' ,~- ~-+~,..~.~. ~.~..~" ,.,_,,.~.,~ ..... ,- 14 .30 .070 adopts 1998 KCSWDM , which
D¢~c;,.,~ ..................................... = ....... contains the complete Core Requirements.
~ pro~ .... I ............................ ~ ................ ~ .......
subm~ttod with tho ;";*:~' ....;* ~;~*;~"
9
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
CONt .................. ~ .......· .... '~ ..... ~ ....................
and ....¢~,, .................... = .................
mcr ...... :, ~0% ........... · ................... · ......
tributa."/off ~*"
prc~ ....
Included in 1998 KCSWDM.
6. ~"* ........ ~ ..... ,,~- See 14.30.090 Facility Maintenance
fc ......... p .................................
b. Spod~ m-~;~3~ ?~' ~A/~- *k~ ~;* ....... *~ See 14.30.100 Special Drainage Fee
See 14.30.120 Financial Guarantee,
7. ~,~ ~.~/~*., ~, ~.~; .... ~"~*~ ~ ..... ;~** 14.30.130 Insurance
.~.~ ...... * ~ ~ nn~ ....... ~* ....... ~ ~ .....~ ....... ~ ~ee 14.30.070 Standards
10
TMC 14.30 SURFACE WATER MANAGEMENT
Corn parison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
,b,,,,~ ~,,~;~;~ Ccdo o~ by th3 ............ ~ See 14.30.070 Standards, which include
~n n~m ~ ~ ,,~;.~ ~; ........ "*~n the Comp. SW Plan and drainage basin
pt
.............. ~ by .......... ~ ...... 14 30 070 Standards ado s the 1998
.... ;~* ~-~; ........ ?w ~"~ ........ ;"~ KCSWDM, which includes Large Site
;- ~cordcnc= with an" c-=c'3 Drainage review and Master Drainage
............................. ¢ .... ~ ..... ¢ .............. ~
~ ~" ~d ........ ; .......... [['' ~:~- See 14.30.070 Standards
.......... ¢ i ..... : ....... ¢~¢~ +k~+ ,,,;11N~ See 14 30 070 Standards.
......... + ...... ~ ¢~.m¢ ~.~ 1998 KCSWDM
11
TMC 14.30 SURFACE WATER MANAGEMENT
Corn parison of Current TMC ' 4.30 to Pro ~osed Ordinance
CURRENTTMC PROPOSED ORDINANCE
proj ....r ...... ~. .............. u ........... ~-. ~J ........
.... , ..... ~, ...... , ...... ~, ....... ~ .....~. ..... ,~ ,.,~. ....... ,......,4 ;o See 14.30.070 Standards,
' ~. - =~':-, 1998KCSWDM
;~. ,~ ,.~,~* ~ ....... *~-~ .... * ..... . .............[~*" ~w3!c S~e 14.30.070 Standards.
~.~. ~;~-~ .... ~.~ ,~ ~* ~*~ 1998 KCSWDM
C/c ..... ~ ............ ~, -~ ................ ~ ......
]~[~; ..... m~ ;~ ,k~ ~, .~ ~,~. ~. ~ ..... ] ~ee TMC 16.52 for flood zone regulations
con ...................... , ......................... ~ ........ ,
,.,;+~ m~,~ ~,~. ~ ~o ~ ~;~ ~ ........ + ~.~ ;. *h~ See 14 30 070 Standards
Geotechnical
for
su~8c8
~:~ water facilities in the 1998 KCSWDM. DCD
for
.... ,.,,..~. ~¢..~.~ ¢~. a.~--~ -~*-~[ .... ~-~*-~*~- .sensitive areas and structures. Customer
. .,~/~..~.,~ ...... ¢ a .......... * .... *~ ~k ..... * ....~-~ Assistance Bulletin B4 contains specific
/~ ~ ;~ ,k~ ~, .~ ~A/~+~. ~;~ ~ ..... ~ ,.,;.k;~ oan ~* requirements for ' ""lnvesugauon
and
repoK.
fro .........
12
TMC 14.30 SURFACE WATER MANAGEMENT
Com panson of Current TMC 14.30 to Prc )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
12. o..;z..,.o~,.,-;.. ,'.*,.-' r~"~."t i¢~.,, o,.a .... ,~...,-,.,;,.,., o
pro~ .....................~.
pro .................. ~ ............... ~ .....................; .......
'~"~ '""t~' "0!!~ ................................ ~' ......
cont ......... ~.
~A '~n r~n ~.m~ r~.~; .... ^'"3~ 14.30.070 Standards adoptsthe 1998
D .....~. ................................................ KCSWDM and includes the Comp. SW
Inc ................
prc~.~.., .~ ~ ........ ~ ............. , ~ ..........................
tho ......... ~ ...... ~ ..................~'
torres 3nd ....................... ~ .........
(Ord. ~== ~!/"~ ~n~=~
~. ~ ....... ~ D .... ~*~ See 14.30.050 Compliance
14 30 100 ........
A. St .................... on ....... , .............. ¢ ......
~h311 ~,¢ ...... ~' ~ ~ ........ . ,.30 .........
C. b ................. ~ ........... ¢ ..................
13
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
14,~9.! !9St~rm r~,,~ .... p~,,-,,~ D .... ; .....~o
See
14.30.070
Rt~nd~rd~
14 30 080
-r~.. ~,,~,.,; ....... ~, .... ~" """' ..... ................... "~*~"~ ~'~ ....u~ TMC 18.45~
.............. ~ ~ ................. ~.z Permits. ~ ~
3Ctl ...... ~ ............................................. _ ~ ......... z
proc .................... , .....~ ...................... ~ ......
Clx ................ ~ ..............................
Director .........~" '~"~ ' '"~*~ *~ *~ v~ ~ .... *"
14
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordins nce
CURRENT TMC PROPOSED ORDINANCE
14.30.!20 D~-,',~;* ^,,"'"alt" See 14.30.010 Authority, 14.30.080 Permits
(Ord. ~75~ ~o~,o,~, ~on~
See
1-4 Rn nlf~
Authnritv
14.30.080
14.30.070
Standards
c" ¢'" ,.,.,,,~.,,,4, .~;,, ..... mit 3"~'!ic3t!o~ form ,-rev!dod by the .'
o,,~*..- ~^¢.--~..- n.-....,*~..-,-* -n. ....,.-..*; ....... ~ ....... ~... *h~ These requirements in 1998 KCSWDM and
~.....,.,,.... in the Development Guidelines and Design
~ and construction standards
5, Wcrk ""~'"'~' "" ""'~ """"""'"*~ ..... * .-.-*~'--'-*"~
ooch ................. ~ ......
10. ~-,- ..............~ ....................................
........ ,. ......... ,.. .................. '~ .............See 14.30.070 Standards and 14.30.080
........................ · .... ,. ................... ~ermits
1. "*~"" ''~ .......,4 storm ...-.~,.m..~ :n These requirements in 1998 KCSWDM and
· ,~..,.,m..,4 ~.., .~.. ,m.,, ..~ in the Development Guidelines and Design
r~ ...... DI .... ¢;1~ ;.. ,~.~ ~nd construction standards
Tuk .......... . ..................
dr@,, ,wu
arc2s ........... ~ ...................... ~' ....................
basin flow paths.
15
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
5. LOC ......~"'~,..~.;'~""+;*;~"+;~'",..,,~.,~., "~, -,."" ..... ~" ~;~'~
rl13r13u .................. ~ .................. r- ......... ~ .....
6. Lc .......
Op ......................... '"' ~
for ................................u~ ~- .....
f3Clilt ............. r- ........................................ '~ ...... ~
comprc ......
AND MO,N[TOR!NG PROGRAM FOR EX!STLNG PR!VATF
16
TMC 14.30 SURFACE WATER MANAGEMENT
Cam panson of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
,.k~;~- o^~;~^~+ ~ ~+~+; ..... ~'"" ~'"" 3.%et the
of d ....................... ~ ................
funct ....... ~ .......d~,~,. ~ap .... ~ .............
b. G .... ~ ~..~o ....................
co~t ........ u ......... ~ ..... ~ .......... ~ ......... ' .............
' o f=c!Ft!os b
c. Tho ............. ~.~¢~,,¢ ........................
..... by
moR ....... ~ fi, ~ .....
17
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
,.,it~ T~ ~A qn ?~On I A~-.-. ~? ~;,,~+~ ~ ........ .~ ,~,in
3. O~ ......... ~ ............ ~ .............. ~ .....
/~,...~ ........................................ ~ ,
Co~. ,.~ ................. ~ ..................................
tO~ ......................................... ~ .................
3.
18
TMC 14.30 SURFACE WATER MANAGEMENT
Companson of Current TMC 14.30 to Prc Dosed Ordinance
CURRENT TMC PROPOSED ORDINANCE
5.
cur ..................................................
adv .... ~"~¢' ..... s'~tod ....
pro ......
S ....k~.Qt ...........................
SEPA .................................... ~ ......¢ ......~ ............
19
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
D~;~,~p,,~, ..................... ~ ~.~. ......... . ~..
octm, ..............
tho ............
on th
, t . ~ - :. : This processing language appliesto all
B.
~ ....
20
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TM C PROPOSED ORDINANCE
14.30,160 Amc~dmont See 14 30.080 Permits
14.30.!70 ~to,,~ n--.~ .... D,,,-~.,~* ~,,-~ 014
............ u .............. See .30.080 Permits
,-t,.... ,4r..i ..... I ..... n,.li.-o¢OR ¢,.r tk ..... i .... i .... k,..i.~,~ Type C permit fees set in Resolution 1499.
..... it ¢ ..... m .....~,4,* ¢,,, *k .... * ,*¢ ,,~ ...... i .... See Customer Assistance Bulletins A1 and
Th.. ~. ............... ,- ................... ~' ............
by ..... ~' ...........
.............. ~ ........................ See 14,30.010 Authority, 14.30.080 Permits
COD, ......... ~ ......... ~' ..................
not ........................................ · ...........
f311 ...........................
21
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
........... ~ .......... , .................. u .............. Deleted. The City does not comply
with
. .~= ........ ~ ............................ ~=~- ~ ....... ~ ....... ~ this. The 1998 KCSWDM makes the
Permittee
for
erosion
.... ~ ..... ~ ............... u .... / ................ ~ ................ res~ons,~,e
~*~'~ ~'"; ........ ~. *"'..~..~'~*; .... ~..*;"~*;~...~ ~ .... ~" ~";*;~'~' )revention and sediment control
1. P ...... inspections.
,~;,~,~ Each permit that PW approves is issued
3. c~,~,,,~ ....,-,-+;*- -~ *, * ......... **,~ ~-~; .... with the applicable inspections and
~ conditions.
(Ord ~c= ~"~"~ "an~
.......................................... See 14.30.010 Authority
See
14.30.010
A thnritv
........ ~ .... ~ ........ . .u.___..,
22
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
ac,,. ,.·, ~pc .................................................
(Ord. *'~5 ~ .-'-,*~ !995)
. ~ , ! ~ 'i -' See 14.30.150 Liability
Cit:, ...... · ..........
' .-'-L :.-., ' ' See 14.30.120 Financial Guarantees,
Eor d .....,. .................... ¢ ............... ~"~"~' '¢ ...... ..,..u 14.30.130 Insurance
or pc ...........................................
otc., ............. · tc ......
,^...; ....... ~ ..... ~h-, re.m.. ~n in~t"""cs .:.'hero such
1. Such h..n.4 ........ r- ............ ~' Y
m ............
bo~t ................
rom~·...= ............... ~- t~ ~- ....... ~ .........~ ..........
......... ......... . .... ~* ~f dgmo¢os 3ssoo!otod ;':!th an:.' storm
prc.-~..¢ .................
3. F ............. ~. .........· b"
corer. ............ ·
4. Fin .......... ~- .......... · ,. ~- .....................
with T,~ ...... ~. ............ · ........................ :~ .... ·
~gho C1,¢ ............ :., ....... - .........
(Ord. !7~5
23
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro )osed Ordinance
CURRENT TMC PROPQSED QRDINANCE
!4.30.240 !ncur~nce See 14.30.130 Insurance
th ....; ............. =n ........................................
any p~rccn.
.£~. ' -- See 14.30.140 Exceptions
A. Tho Cit .......... * ..... ~* ...... ~ .... ~ .......
........... ,~ ..~ 'r~r. ~,.. ~ ~ ~n ;¢ +~ ........... *~-~ ~- -cRange~ "variance" to "excepuons"
to
ctrc' .............~ ............................................... dar_ stinction be~een corn cated
........... · ~'-~ ~-~; .... ;. ..... ~* ~- ,,n-~ccss3m Variance process that DOD codified and the
th~ ~ ................................................
hardch~ ~.~ .~, ~.,m,, ,~ .......... ¢ T~ ~k~.,~. ~ ~ ~n .... ~ ~rocess by which the PW Director can allow
~ ;" ~ ~ ~ 30 0~n ~ ,,,~;** ......... * ~*~*~ *~ ..... ;~;~ exceptions to the sudace water
,,.. .......... k, ~.~,~ ...... - ....--~-~*~ ......... ~ ~¢ .... k requirements.
.................. ~ ........................................ Added ocess/requir merits f r Low
to
the
LID
........ = ......... ' ............................................... element in the new Comprehensive Surface
dctcrmin3tion.
Water
Plan.
!d.30.020.
24
TMC 14.30 SURFACE WATER MANAGEMENT
Compa risen of Current TMC 14.30 to Pro )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
· .-. -. '-. See 14.30.010 Authority, 14.30.080
Th,. ,~.~. ........................... ~- .......... ~' .................. Permits.
...-¢ ....... * -.¢ *~, ...... ~"~'*"" '-o"telne,4 ~'"'~" ~, ,,-h Deleted· The PW Director should have
,,,,~,~,;,,- ,-~,..n ~, .... +~,,,..-~-"~'~" '~'sont 3""re;'3! ''¢ m,. pu~,q,- authority to implement TMC 14.30, whether
I,-,rb.~'- r~ r-~--,t .... ,4 Iimi~','~,4 [ ..... etc the s'-ecific 3ot'vit'os for or not there is a permit.
: . .~-, --:. '. See 14.30.160 Penalties
th3t ...................... ~
· . ... .-.: . , -. See 14.30.170 Abatement
14.30.290 ~"~ ....t~,,~, oo"~,~ See 14.30.180 Injunctive Relief
Wh .............. · ................ ¢
to TMC ¢~'"'**'~ ~ A -~ J~ .... o~thor befsro er 2~or tho
of one ............... ~, ......... ~ ............ · .........
I ~,~ '~n '~nn ^ .... ~* See 14.30.190 Appeals
25
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
I Chcptcr ~ ?. 5, "Enforcc,m~nt".
I(Ord 755 ~'~(pa~), !995)
26
City of Tukwila StevenM. Mullet, Mayor
Depariment of Community Development Steve Lancaster, Director
NOTICE OF DECISION
July 23, 2004
To: Tukwila Department of Public Works
Department of Fish and Wildlife, Attn Larry FiSher
State Department of Ecology, SEPA Division
.PROJECT:' Adoption of Surface Water Management Ordinance updating City's
surface water regulations to comply with state and federal requirements.
FILE NUMBERS: E04-009
ASSOCIATED FILES! E04-008
APPLICANT: City of Tukwila Department of Public Works
REQUEST: Adoption of updated Surface Water Management regulations
LOCATION: City-wide
This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a
Determination ofNon-signific~/nce (DNS) for the above project based on the
environmental checklist.
Project materials including the application, any staff reports, and other studies related to
the permits are available for inspection at:
Tukwila Department of Community Development
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Monday through Friday 8:30 a.m. - 5:00 p.m.
The project planner is Carol Lumb, who may be contacted at (206) 431-3661 for further
information.
The decision is appealable to King County Superior Court pursuant to the Judicial
Review of Land Use Decisions, Revised Code of Washi.ngton (RCW 36.70C).
q:~2004 Surface Water Comp Plan\E04-009 NolDec.doc
6300 Southcenter Boulevard Suite #100 e Tukwila, Washin£ton 98188 · Phone: 206.431-3670 ° Fax: 206.431.3665
Department of Communitj/ Decelopment Steve Lancaster, Director
NOTICE OF DECISION
July 23, 2004
To: Tnkwila Department of Public Works .
Department of Fish and Wildlife, Attn Larry Fisher
State Department of Ecology, SEPA Division t
PROJECT: Update of Tukwila Comprehensive Surface Water Management Plan
FILE NUMBERS: E04-008
ASSOCIATED FILES: E04-009
APPLICAN.T..: City of Tukwila Department of Public Works
REOUEST: Adoption of updated Surface Water Management Plan
LOCATION: City-wide
This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a
Determination of Non-significance (DNS) for the above project based on the
environmental checklist.
Project materials including the application, any staff reports, and other studies related to
the permits are available for inspection at:
Tukwila Department of Community Development
6300 Southcenter Blvd., Suite I00
Tukwila, WA 98188
Monday through Friday 8:30 a.m. - 5:00 p.m.
The project planner is Carol Lumb, who may be contacted at (206) 431-3661 for further
information.
The decision is'appealable to King County Superior Court pursuant to thc Judicial
Review of Land Use Decmons, Revised Code of Washington (RCW 36.70C).
q:',2004 Surthce Water Comp Plan\E04-00$ NotDec.doc
4~ Fort Dent/Starfire Sewer Work Preliminary estimates for sewer
improvements necessary to provide ncreased capacity at Fort Dent were
$385,000. Now at the 80% design stage the cost estimate has risen to
$603,500. The Committee took some time in'understanding the complexity
of the issue. The costs rose partly because further study showed several
obstacles in doing the work that were unknown earlier. Higher fuel prices
also made supplies maoe from oil sucP as asphalt and PVC pipe cost more.
.Jim said one option for this work could have involved working in the river
and with the railroad, but the option chosen was hopefully less complicated.
The problems encountered now mean about $200,000 of the $603k cost will
come from the 303 fund because the work will benefit Fo~c Dent, City
property. An agreement with Starfire stioulates they will pay $200,000 for
sewer work, but mey are unwilling to pay that and _lira thought it unlikely
the City could recover that money unless we sued them. Starfire's payment
should be made to the 303 fund. ]:f there are new businesses built soon
around the Fun Center or on :interurban they can contribute to this project
cost. Znformation.
5, Surface Water t4anaqement Ordinance The Committee members
postponed detailed discussion this matter to the next Committee meeting.
Ryan and lilt briefed the members on the main points included in the Plan.
Growth Management requires us to adopt the plan by December this year.
After looking at the Ecology Plan and King County Plans, staff decided to
adopt the 1998 King County Surface Water Design Manual for use for
permits. The Tukwila Plan drcps same language because it is included in the
Manual. Updates to the Manual can be adopted or not depending on staff's
evaluation of the new information. P, yan pointed out updates such as
Natianal Pa lution Discharge Elimination System (NPDES) provisions require
all new and resurfaced street drains to be painted with the information that
they drain to the river. Legal and illicit discharges are both defined. The
permit section was simplified, with the requirement to use the King County
manual reducing other language. A new section will alldw the City to charge
special fees if c~etention structures are accepted as public and would require
ma'ntenance. A discussion of Low ]:mpact Development to improve water
quality concluded that only a project as large as Segale's could reasonably
make use of it. Reschedule,
Committee chair approval
Utilities Committee
September 21, 2004
Present: Pam Carter, Chair; Para Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, Pat Brodin, Ryan Larson, Jill Mosqueda
1. Grading Ordinance This ordinance simplifies the language and consolidates similar topics
under one heading. The ordinance clar/fies when this ordinance applies, simplifies the
permit reqmrements, and adopts specific grading standards, including sections of the
International Building Code and the Sensitive Areas Ordinance. Recommend move to COW
for approval:
2. Surface Water Management Ordinance and Comprehensive Surface Water
Management Plan This ordinance will update the Surface Water Management regulations
and adopt the new Comprehensive Surface Water Managemen~ Plan. Staff began by
reviewing the summary of drainage basins, drainage maps, surface water issues, CIP
Projects, and low impact development items in the first section. Detailed information is
included in the plan's appendices.
The Surface Water Management Ordinance is revised to clarify the surface water design
manual that the City is currently using. The new ordinance is written to be easier to read,
adopt specific standards, include references to new requirements such as the National
Pollution Discharge Illumination System (NPDES), and provide a guidance for Low Impact
Development. Recommend move to COW for approval.
Note: Allentown/Foster Point Open House was reported to be Oct 6, 2004 in the Hazelnut.
It will be Wednesday, Oct 20, 2004. Postcards will be mailed out the week of 9/27 informing
the specific residents of the change in the date.
Committee Chair Approval
COUNCIL AGENDA SYNOPSIS
k J 'l-,,.� ys
2', Initials ITEM NO.
�14,��1 Meetinj Date 1 Prepared by 1 Mayor's review 1 Council review 1
t �.i� o 1 10/11/04 1 BF 1 v L 17. H 1
N rte` 1 1
r �'p'w_ I I 1 1 1-11
r 1 1 1 1 C
I I 1 I
ITEM INFORMATION 1
CAS NUMBER: 04-140 I ORIGINAL AGENDA DATE: OCTOBER 11, 2004
AGENDA ITEM TITLE Sound Transit Lease Offer
CATEGORY X Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date10/ 11/ 04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor
Aden Svcs DCD ❑Finance Fire Legal X P&R Police P1F
SPONSOR'S Sound Transit has submitted a land lease offer to the City for their Central Link Light
SUMMARY Rail Project. The lease is for the flat area of the Duwamish Riverbend Hill property
for a construction staging area.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. X Parks Comm. Planning Comm.
DATE: 9/15/04 (Parks Cmsn); 9/28/04 (CA &P)
RECOMMENDATIONS:
SPONSOR /ADMIN. Send to full Council for further discussion
COMMIT rEE Same as Sponsor
I COST IMPACT FUND SOURCEI
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
8233,800.00
Fund Source:
Comments: The appropriation is revenue to the city for park development.
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
10/11/04 Memo from Bruce Fletcher dated 9/23/04
Sound Transit Lease Offer dated 6/1/04
I CAP minutes dated 9/28/04
I
Parks and Recreation Department
Bruce Fletcher, Director
MEMORANDUM
TO: Steve Mullet, Mayor
Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director, Parks and Recreation ~-
CC: Rhonda Berry, City Administrator
Jim Morrow, Director, Public Works ~
Steve Lancaster, Director, Community Development
DATE: September 23, 2004
SUBJECT: Sound Transit Lease Offer
Sound Transit has submitted a land lease offer to the City of Tukwila for their Central Link light rail
project. In the lease, Sound Transit would like to use the flat area of the Duwamish Riverbenc~ Hill
property (141,060 square feet of land) for their construction staging area.
The lease terms are for 24 months with an option to extend the original term for one year. Based
upon the fair market value determined in the appraisal, Sound Transit has offered a total of
$233,800.00 for the 24-month lease pnce. The optional lease extension would be an additional
$9,741.66 per month.
If acceptable to the City Council, the leased funds would be used for park development at the staging
area location. The cost estimate for park construction is between $500,000 and $600 000 and all
remaining funds will be secured through grant applications.
The Parks and Recreation Department, the Tukwila Parks Commission, Cascade Land Conservancy
and members of the Duwamish Riverbend Hill Friends support the proposed lease with Sound
Transit.
The Parks Department would like to further discuss the proposed lease and make the following
recommendations:
· Hire an independent Real Estate Appraiser to determine the fair market value of the land.
· Require a final termination date on the lease contract.
· Require Sound Transit to leave a clean site, which includes passing an environmental
assessment at their expense.
· Allow volunteer and park staff access to the Hill during the entire lease agreement.
· Allow the City to approve all construction materials delivered to and stored at the staging area,
· Follow all applicable City rules and regulations on the property.
It is the hope of the Parks and Recreation Department to further discuss this proposed land lease
with the Community Affairs and Parks Committee, and forward it to the next COW Council meeting.
Chair
John Ladenburg
Pierce County Executive
OFFER TO LEASE Vice Chairs
June I, 2004 Return Receipt Greg Nickels
Seattle Mayor
Mark Olson
Bruce Fletcher, Director Everett Councihnember
Tukwila Parks and Recereation Department
12424 42nd Avenue S.
Tukwila, WA 98168 Fred Butler
lssaquah Deputy Council
President
Re: Regional Transit Authority - Sound Transit
Central Link Light Rail Project Jack Crawford
Parcel No: 1023049057 Kenmore Councilmember
R/W No: TUK-026.1 David Enslow
Sumner Councilmember
Dear Mr. Fletcher:
Doug MacDonald
Sound Transit is proceeding with the initial segment of the Central Link light rail Washington State
Department
project. In order to begin operating Link by 2009, light rail construction is of Transportation Secretary
scheduled to begin within the Tnkwila Segment in 2005. As the owner of an
affected parcel, we are notifying you that a portion of your property will need to Connie Marshall
be acquired in advance of construction. Bellevue Mayor
Richard McIver
A qualified appraiser and review apprmser have examined and carefully Seattle Councilmember
considered all the elements of the property to establish its Fair Market Value and
consequent Just Compensation. Based upon the Fair Market Value determined in JuliaPatterson
the appraisal, please consider this letter Sound Transit's formal offer to Lease for King County Councilmenlbet
a total of $233,800.00.
Dwight Pelz
This offer consists of $233,800.00 for 141,060 square feet of land, as identified in King County Councilmember
the attached Lease. Sound Transit is offering to pay you in advance for the Lease Kevin Phelps
based upon an estimated use period of twenty four (24) months. ~ the event, tacoma Councibnember
Sound Transit needs to use your property for more than a total of twenty four (24)
months, Sound Transit will pay $9,741.66 per mouth for each additional month's Dm'y Phillips
use. The Lease is required for a construction staging area. Chair, King County Council
Aaron Reardon
Please take the time to consider the merits of Sound Transit's offer. You may Snohomish County Executive
wish to employ professional services to independently evaluate this offer. Sound
Transit will reimburse up to $5,000.00 of reasonable and actual costs to engage a ~on sims
qualified real estate apprmser, provided you submit the actual bills or paid King CountyExecutive
receipts for these costs.
Claudia Thomas
Lakewood Councilmember
Pete yon Reichbauar
Central Puget Sound ~ice Chair, King County
R~s[onal lransit Authority Council
Union Station /
401 S. Ja¢l~son St.
Scathe, WA 98104-2826
Reception (206) 398-5000 Chief Executive Officer
Facsimite (206) 398.5499 Joni Earl
Page 2
R/W No.: TUK026.1
The receipt below is for file documentation that you regeived this offer and does
not in any way indicate your acceptance. Please sign the receipt and return it
using the enclosed prepaid postage envelope.
If we can provide additional information to assist you in reaching a decision,
please feel free to direct any questions you may have to Erie Kuehl, Acquisition
Agent at (206) 623-1633. We look forward to working with you and to making
this project a success for you, Sound Transit and the public.
Si.ncere3y, .
--,u/~' Scott Kirkpatrick
Real Estate Program Manger
List of Attached Documents:
Lease
Also Enclosed: Appraisal
Cc: Michelle Connor, Cascade Land Conservancy
Receipt of this letter is hereby acknowledged. Signature does not mean[
acceptance of this offer.
I
By: Date:
~OUNDTRAN$1T Link Segment: 750
R/W and Parcel Nos.
TUK026.1 1023049057
Landlord: City of Tukwila
LEASE AGREEMENT
1. Parties. This Lease, dated for reference purposes as of June ,2004, is be-
tween the City of Tukwila ("Landlord"), and Central Puget Sound Regional Transit Authority, a
regional transit authority organized under Washington law ("Tenant").
2. Lease. Landlord hereby leases to Tenant. and Tenant hereby leases from Land-
lord, the Premises hereinafter described, subject to the terms, conditions, covenants, and condi-
tions hereinafter set forth.
3. Premises. As used in this Lease, a reference to "Premises" is to the land legally
described on Exhibit "A" attached hereto and incorporated by this reference, together with any
improvements located on the Premises.
4. Term.
4.1 Initial Term. The term of this Lease is two years. The lease shall com-
mence upon initiation of Tenant's construction activities, but no sooner than March 1, 2005 and
shall remain in force for 24 months (the "Term"). Tenant shall provide fourteen (14) days written
notice to the Landlord prior to commencement of the lease term.
4.2 Option to Extend. The Tenant shall have the option to extend the original
term of this Lease for a period' of up to one additional year on the same terms and conditions as
this Lease, except for the payment of rent. After the exercise of the option to extend, all refer-
ences in this Lease to the term shall be considered to mean the term as extended, and all refer-
ences to termination or to the end of the term shall be considered to mean the termination or end
of the term as extended. The Tenant's right to exercise the option to extend is subject to the fol-
lowing conditions precedent:
4.2.1 The Lease shall be in effect at the time notice 9f exercise is given and on
the last day of the prior term.
4.2.2 The Tenant shall not be in default under any material provision of this
Lease at the time notice of exercise is given or at the time the renewal term is to commence; pro-
vided that a party shall not be deemed to be in default unless the other party has notified that
party in writing of the claimed breach and the period provided by this Lease for curing such de-
fault has expired.
4.2.3 Compliance with the following proce'dure for exercising options:
4.2.3.1 At least thirty (30) days before the last day of the initial term,
the Tenant shall give the Landlord notice in writing irrevocably exercising the option. Such no-
tice shall include the period of time for which the Tenant is exercising the option (e.g., one
month, six weeks, the full one year).
5. Use. Beginning on the Lease Commencement Date, Tenant may use the Promises
for the purpose of storage and staging of personnel, materials and equipment related to construc-
tion of its rapid transit facilities to be located in the vicinity of the Premises, and for activities
related thereto, but for no other purpose without the prior written consent of Landlord, which
Landlord may grantor deny, in Landlord's unfettered discretion. Tenant's use and occupancy of
the Premises shall at all times be in full compliance with applicable laws and regulations, and
any cost of compliance shall be borne by Tenant.
6. Rent.
6.1 Initial Term. Prior to the lease commencement date, Tenant shall pay
Landlord a sum of Two Hundred Thirty Three Thousand Eight Hundred Dollars
($233,800.00) as full rent for the initial term. No additional base monthly or periodic rent shall
be payable during the initial term hereof.
6.2 Extension Term. The rent for an extension term as to which the Tenant
has validly exercised an extension option shall be the sum of Nine Thousand Seven Hundred
Forty One & 66/100 Dollars ($9,741.66) per month, prorated for the period of the extension
exercised, payable on the first day of the extension term and on the first day of the calendar
month thereafter. In the event Tenant exercises its extension option for a period that includes a
partial calendar month, rent shall be pro-rated for that partial month.
7. Removal of Improvements and Personal Property. Landlord shall remove all
personal property located on the Premises before the Lease Commencement Date. In the event
Landlord has not removed such personal property when Tenant takes possession of the Premises,
Tenant shall have the right to remove and dispose of such personal property at Landlord's ex-
pense. Landlord shall pay the cost of such removal to Tenant within thirty (30) days of receiving
an invoice for such costs.
8. Taxes and Assessments. Landlord shall pay all real and personal property taxes,
general and special assessments, and other charges of every description levied on or assessed
against the Premises, improvements located on the Premises, personal property located on or in
the land or improvements, or the leasehold estate, to the full extent of installments falling due
during the term of this Lease, except for personal property taxes chargeable against Tenant,
which shall be the responsibility of the Tenant.
9. Hazardous Substances. Tenant shall not bring to or keep on the Premises, or
suffer or permit others to do so, any substance which is regulated as being dangerous, toxic, haz-
ardous, or harmful to persons or to the environment by any federal, state or local law or regula-
tion, except in strictest compliance with all laws and regulations governing the storage, handling
and transportation thereof, and Tenant shall in no event release or permit others to release on the
Premises any such substances. Tenant shall be liable to Landlord, and shall defend, indemnify
and hold Landlord and Landlord's successors in interest harmless from any loss, damage, cost or
expense incurred on account of Tenant's breach of these duties to include, without limitation, Ii-
Page 2
ability for inspection costs, cleanup costs, engineers' and consultants' fees, civil or criminal fines,
damages or penalties, and attorneys fees incurred in connection therewith or in enforcing this
indemnity.
10. Default; Remedies.
10.1 Tenant's Default. Each of the following events shall be a default by Ten-
ant and a breach of this Lease:
10.1.1 Abandonment or surrender of the Premises or of the leasehold es-
tate, or failure or refusal to pay when due any installment of rent or any other sum required by
this Lease to be paid by Tenant, or to perform as required or coffditioned by any other covenant
or condition of this Lease. Failure to occupy the Premises shall not be deemed abandonment or
surrender.
10.1.2 Failure by Tenant to perform any obligation hereunder to Landlord
as and when due.
10.2 Notice and Right to Cure. As a precondition to pursuing any remedy for
an alleged default by Tenant, (the word "default" to include broach), Landlord shall, before pur-
suing any remedy, give written notice of default to Tenant stating that the notice was for the pur-
pose of notice under this provision. Each notice of default shall specify in detail the alleged
event of default and the intended remedy. Tenant shall have ten (10) days from receipt of such
notice to cure the alleged default before Landlord pursues any remedy therefor; provided, that if
the default specified is of a nature that cannot reasonably be cured within ten days, then Tenant
shall not be in default if Tenant commences a cure within such ten-day period and diligently
prosecutes the cure to completion.
10.3 Landlord's Remedies. If any default by Tenant shall continue uncured fol-
lowing written notice of default as required by this Lease and the expiration of the period al-
lowed for cure, Landlord may, in addition to any remedies available to Landlord at law, termi-
nate Tenant's rights under this Lease by giving Tenant notice of termination. Promptly after no-
tice of termination, Tenant shall surrender and vacate the Premises in the condition required at
the expiration of the Lease term, and Landlord may reenter and take possession of the Premises
and eject all or any parties in possession. Termination under this paragraph shall not relieve
Tenant from the payment of any sum then due to Landlord or from any claim for damages previ-
ously accrued or then accruing against Tenant.
11. Insurance. Tenant shall pay for, keep in force and maintain at all times during
the Lease term, public liability insurance and property damage insurance with combined limits of
$2,000,000.00 (Two Million Dollars), naming Landlord as additional insured, and Tenant will
furnish Landlord with a certificate of such insurance.
Tenant, its successors or assigns, will protect, indemnify and hold harmless Landlord, their au-
thorized agents and employees from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of Tenant, its assigns, agents, contractors, licen-
Page 3
sees, invitees, employees, or any person whomsoever, arising out of or in connection with any
acts or activities authorized by this Lease.
Tenant further agrees to defend Landlord, their agents or employees in any claim or litigation,
including payment of any costs or attorneys' fees for any claims or action commenced, arising
out of, or in connection with, acts or activities authorized by this Lease, whether those claims,
actions, costs, damages or expenses result from acts or activities occurring on or off the Prom-
ises.
12. Miscellaneous Provisions.
12.1 Waiver. No waiver of any default shall ~onstitute a waiver of any other
breach or default, whether of the same or any other covenant o¥ condition.
12.2 Attorneys' Fees. If either party brings any action or proceeding to enforce,
protect or establish any right or remedy under this Lease, the prevailing party shall be entitled to
recover from the other party its reasonable attorneys' fees and related costs incurred therein, or in
preparing therefor, or in any appeal therefrom.
12.3 Notices.
12.3.1 As used in this Lease, notice includes but is not limited to the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, and appointment. No notice of the exerctse of any option or election is required unless
the provision giving the election or option expressly requires notice. Rent shall be sent in the
manner provided for giving notice.
12.3.2 All notices must be in writing.
12.3.3 Notice is considered given either (a) when delivered in person to
the recipient named or (b) three days after being deposited in the United States mail in a sealed
envelope, certified mail, return recmpt requested, postage prepaid, addressed by name and ad-
dress to the party or person intended as follows:
To Landlord: Attn: Bruce Fletcher, Director
Tukwila Parks and Recreation Department
12424 42na Avenue S.
Tukwila, WA 98168
Page 4
To Tenant: Sound Transit with a copy to: Jennifer Belk
401 S. Jackson Street Legal Counsel
Seattle, WA 98104 Sound Transit
Attn: Real Estate Department 401 S. Jackson Street
Seattle, WA 98104
12.3.4 Either party may, by notice given at any time or from time to
time, require subsequent notices to be given in the manner set forth above to another individual
person, whether a party or an officer, or representative, or to a different address, or both.
12.4 Captions. The captions of the various articles and paragraphs of this Lease are for
convenience and ease of reference only and do not define, limit, augment, or describe the scope,
content, or intent of this Lease or of any part or parts of this L~ase.
12.5 Entire Agreement. This Lease, together with the Residential Lease and the Stipu-
lation contain the entire agreement between the parties. No promise, representation, warranty, or
covenant not included in this Lease, the Residential Lease or the Stipulation has been or is relied
on by either party.
12.6 Severabilit¥. The invalidity or illegality of any provision shall not affect the re-
mainder of the Lease.
12.7 Successors. The covenants and conditions of this Lease shall be binding on and
shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal
representatives of the respective parties.
12.8. Counterparts. This Lease may be executed in two or more counterparts, each of
which shall be an original, but all of which shall constitute one and the same instrument.
Dated as of the day and year first above written.
Page 5
Tenant: Central Puget Sound Regional Transit Authority,
a regional transit authority organized under Washington law
By:
Agnes Govern
Its: Chief Administrative Officer
Landlord: City of Tukwila
Bruce Fletcher
Cascade Land Conservancy Concurrence
Whereas the Cascade Land Conservancy is the "Grantee" of a "Grant of Permanent Access and
Stewardship Easement" dated March 10, 2004 and whereas such agreemem assigns "Steward-
ship" rights to the Grantee; Cascade Land Conservancy hereby concurs with this lease.
Michelle Connor
APPROVED AS TO FORM
SOUND TRANSIT
By:
Name:
Title: Sound Transit Legal Counsel
Date:
Page 6
STATE OF WASHINGTON )
) §
COUNTY OF KING )
On this day of ,2003,
before me, the undersigned notary public in and for the State of Washington, duly commissioned
and sworn, personally appeared Agnes Govern, to me known to be the Chief Administrative Of-
ricer of Central Puget Sound Regional Transit Authority, a regional transit authority organized
under Washington law, the authority that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said authority, for the uses and pur-
poses therein mentioned, and on oath stated that he/she was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day arid year ~n this Certificate first
above written. ~ Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
STATE OF WASHINGTON )
) §
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Bruce Fletcher ~igned this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
Page 7
NE~/4 NW~/,~ SEC I0, T 25 N, R ~ E: W.M.
R/W NO, TUK-026,1
CASCADE LAND CONSERVANCY
ACCESS
Community and Parks Committee
September 28, 2004
Present: Pam Linder, Chair; Joe Duffle, Dave Fe'nton
Steve Lancaster, Bruce Fletcher, R_honda Ben'y, Cyndy Knighton, Lucy
Lauterbach; Stacy Tressler, Ross Fenton, Chris Slatt, Steve Beck
1. Starfire Sports Complex Update The Committee toured the Starfire site, taking in the
nearly-completed sports complex and center building of the sports venture. They were able to see
the fields and where the scoreboard signs are. Chris also showed the walls surrounding the
stadium he would like to put advertising on. The Committee members appreciated the tour, and
expressed their admiration for the fields, the work being done ~y Starfire, and the building.
Back at City Hail, the Committee members and Chris had a free-ranging discussion ranging from
the master sign process, to sewers and hotel rooms. Steve L noted the staff's recommended
master sign plan that was presented a year ago has now devolved to possibly needing fewer
changes to the sign code and not a special sign code for the park. There are several places inside
the Starfire park where signs would only be seen by those in the park. However, some of the'
changes that would allow those signs could have negative results if used on school sports fields
in residential areas. Making signs a Type 2 level decision could leave the final decision up to the
Planning Director. Both sides were glad to have talked face to face, and agreed they understood
each other's positions much better as a result. Information.
2. Ikawa Park Impacts Ross and Stacy presented the current proposals for improving 1-405.
The original proposal was to put two new lanes in each direction, and extend Tukwila Parkway
to Interurban where it would have an entry to 1-405. The State passed a 5 cent (nickel) package
for transportation, including studying [-405. Planners then scaled back their plans to adding one
lane in each direction. Beyond that there is no construction money. Another project being
considered for funding include SR 167, which is also considered in 1-405 plans. Any
construction is likely to be years away. The Committee agreed with the. recommendation to move
the additions to the north rather than south side ofi-405. Mitigation for impacting Ikawa Park
could involve widening the park, or using the whole south lawn for the park. Construction will
be years away, but two members preferred the third option of using the whole lawn for the
project. That will be decided when the plans become more realistic. Approval to move 1-405
north; information.
3.Sound Transit Lease Offer Sound Transit's offer to lease
the
flat
land
of Riverbend
Hill
Park has been approved by all the groups who helped fund ,ind plan the park. Bruce had some
considerations he wanted to propose based on all those comments. Pam L added a consideration
of the possible third year lease needed if the proj eot takes longer than expected. The monthly fee
for the third year is $9,742/month when it is at $11,000/mo/nth duri,ng the term of the two ye, ars.
/
Community and Parks
September 28 ~ 2004
Page 2
The Committee members all agreed with the lease otherwise, and wanted to preserve access to
the park for others during the staging. Brace said the funds will be used for park development.
Kiverbank stabilization, sidewalks, curbs and gutters as well as parking will all need funding.
He'll use Sound Transit's offer 0f$5,000 to do another appraisal also. Recommend lease
agreement with conditions.
4. Naming TIB Sounder S~ation Naming the station at S. 154th has been delayed because of
the decmion on the permit. Other station names have been decided. Several suggestions from
others have already been given to Sound Transit, and it was evident that most of those were fi.om
Sea Tac. The Committee agreed that Tukwila Station was the only name that made sense just
now. Recommend name to Regular Meeting.
[7<ol"~Committee chair approval
9 w COUNCIL AGENDA SYNOPSIS
0 Z;, Initiah. ITEMNO.
f a j y I Meeting Date 1 Prepared by 1 Mayor's review 1 Coma review 1
TS)
A i o 10/11/04 I BF I a I, 7 /nit g I I
1
Lk- 0(
908 I I I I
I I I
1 ITEM INFORMATION 1
CAS NUMBER: 04-141 I ORIGINAL AGENDA DATE: 10/11/04
AGENDA ITEM TITLE Ikawa Park Impacts of the I -405 Widening Project
CATEGORY X Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/11/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor
Adm Svcs DCD Finance Fire Legal X P&&'R Police PW/
SPONSOR'S The Washington State Department of Transportation will brief the City Council on the
SUMMARY I -405 widening project. The preferred alignment will have impacts of Ikawa Park
with mitigation options.
REVIEWED BY COW Mtg. X CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/28/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Move to COW for further Discussion
COMMIT IRE Same as Sponsor
ICOST IMPACT FUND SOURCE'
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
10/11/04 Memo from Bruce Fletcher dated September 20, 2004
CAP minutes dated 9/28/04
MEMORANDUM
TO: Mayor Mullet
Community Affair and Parks Committee
FROM: Bruce Fletcher, Director of Parks and Recreation
DATE: September 20, 2004
SUBJECT: Ikawa Park Impacts
The Washington State Department of Transportation has requested a letter from the City
of Tukwila to respond to the potential impacts of lkawa Park for the 1-405 widening
project.
Ross Fenton, P.E. of the 1-405 project team has researched several options for improving
1-405 through the City of Tukwila city limits. The option that widens 1-405 to the leg
(north) was selected and is the preferred alignment by the State.
This alignment option minimizes impacts to Tukwila Parkway and adjacent businesses.
The new alignment will impact Ikawa Park and Southcenter Boulevard. Mr. Fenton has
presented the Parks Department several park mitigation options for our consideration.
Because Southcenter Blvd will move to the north and into City Hall boundaries, a portion
of Ikawa Park must be mitigated and I feel improved.
The Public Works Department will provide a summary of the 1-405 Congestion Relief
Project at the CAP meeting. The Parks and Recreation Department will provide lkawa
Park mitigation options for discussion.
The Washington State Department of Transportation has requested a letter from the City
addressing the impacts to our City property. The Mayor would like full City Council
discussion on this matter.
CC. R_honda Berry, City Administrator
Community and Parks Committee
September 28, 2004
Present: Pam Linder, Chair; Joe Duffle, Dave Fehton
Steve Lancaster, Bruce Fletcher, Rhonda Berry, Cyndy Knighton, Lucy
Lauterbach; Stacy Tressler, Ross Fenton, Chris Slatt, Steve Beck
1. Starfire Sports Complex Update The Committee toured the Starfire site, taking in the
nearly-completed sports complex and center building of the sports venture. They were able to see
the fields and where the scoreboard signs are. Chris also showed the walls surrounding the
stadium he would like to put advertising on. The Committee mer~bers appreciated the tour, and
expressed their admiration for the fields, the work being done ,b.y Starfire, and the building.
Back at City Hall, the Committee members and Chris had a free-ranging discussion ranging from
the master sign process, to sewers and hotel moms. Steve L noted the staff's recommended
master sign plan that was presented a year ago has now devolved to possibly needing fewer
changes to the sign code and not a special sign code for the park. There are several places inside
the Starfire park where signs would only be seen by those in the park. However, some of the'
changes that would allow those signs could have negative results if used on school sports fields
in residential areas. Making signs a Type 2 level decision could leave the final decision up to the
Planning Director. Both sides were glad to have talked face to face, and agreed they understood
each other's positions much better as a result. Information.
2. Ross and Stacy presented the current proposals for improving 1-405.
Ikawa
Park
Impacts
The original proposal w~s to put two new lanes in each direction, and extend Tukwila Parkway
to Interurban where it would have an entry to 1-405. The State passed a 5 cent (nickel) package
for transportation, including studying 1-405. Planners then scaled back their plans to adding one
lane in each direction. Beyond that there is no construction money. Another project being
considered for funding include SK 167, which is also considered in 1-405 plans. Any
construction is likely to be years away. The Committee agreed with the, recommendation to move
the additions to the north rather than south side ofi-405. Mitigation roi impacting Ikawa Park
could involve widening the park, or using the whole south lawn for the park. Construction will
be years away, but two members preferred the third option of using the whole lawn for the
project. That will be decided when the plans become more realistic. Approval to move 1-405
north~ information:
3. Sound Transit Lease Offer Sound Transit's offer to lease the flat land of Riverbend Hill
Park has been approved by all the groups who helped fund and plan the park. Bruce had some
considerations he wanted to propose based on all those comments. Para L added a consideration
of the possible third year lease needed if the project takes longer than expected. The monthly fee ..
for the third year is $9,742/month when it is at $11,000/month during the term of the two years.
(_, 0 UNCIL A GEND I SYNOPSIS
O .................................. Initials ................................. ITEM NO,
Meetittg Date Prepared b), Mqyor's revietv Council revie~v
08/09/04 LLLL ~_~
o.___
ITEM INFORMATION
CAS NUMBER: 04-116 IOP, iGiNALAGENDADATE: 8/9/04
AGENDA ITEMTI'I],g Ordinance Regulating Motorized Scooters and EPAMDs
CATEGORY [] Discussion [] Motion [] Resolution [] Ordinance [] Bid Amard [] Public Hearing [] Other
Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date
SPONSOR [] Counc~ [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Legal [] P~I~. [] Polite [] PW
SPONSOP,'S This ordinance regulates the operation of motorized scooters, electric personal-assistive
SUMMARY devices, and pocket hikes within the City as allowed by State law.
REX'iEWED BY [] COW Mtg. [] CA&P Crate [] F&S Cmte [] Transportation Crate
[] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE: 8/9/04
RECOMMENDATIONS:
SPONSOR/ADMIN. Recommend ordinance for adoption
COMMFZI'EE
COST IMPACT / FUND SOURCE
EXPENDITURE ILEQUIRED AIvlOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/9/04 COW
9121'104 COW
MTG. DATE ATTACHMENTS
8/9/04 Hemo dated August 3ra from g Lauterbach
' ' Draft ordinance regulating motor scooters
. , Minutes from Finance and Safety Committee dated 8/3/04
9/27/04 Memo dated September 13,2004 from L. Lauterbach
Revised draft ordinance
RCW language about motor scooters and mopeds
10/11/04 Memo dated October 6, 2004 from L. Lauterbach, w/ copy of e-mail attachment
(revised) ordinance
To: City Council
From: Lucy Lauterbach
Date: October 6, 2004
Subject: Scooters~ Segways and Pocket Bikes
This draft should be close to being ready for adoption, as it has been to committee since it was
last in COW. If it is passed, we will be one of only a few cities attempting to include pocket
bikes in our ordinance.
Attempts to find a better definition for pocket bikes were unsuccessful, so I've tried to improve
the one we already had.
With a different organization and some small changes, we should have a tool that is useful to our
police officers as they can regulate troublesome small motorized vehicles. If the riders of those
machines obey all the provisions of this ordinance, they will be allowed.
One item that has come to light is a State Patrol press release that says pocket bikes may not be
legally operated on public roads, sidewalks, bike lanes, trails or anyplace prohibiting the use of
motorized vehicles. I've included that e-mail in the packet.
From: "Paul Sullivan" <psullivan@mrsc.org>
To: <tukcounc@ci.tukwila.wa.us>
Date: 9/29/04 2:50PM
Subject: Mini motorcycles
Here's a definition from Connecticut:
State law also defines a "minibike" or "minicycle" as any two- or
three-wheeled motorcycle having one or more of these characteristics:
(1) 10 inches or less nominal wheel rim diameter, (2) 40 inches or less
wheelbase, (3) 25 inches or less seat height, or (4) an engine piston
displacement of 50 cubic centimeters or less.
Here's one from Layton, Utah:
10.16.045. Low profile motorized vehicle prohibited on public property/..
(1) Definitions. For the pureoses of this Section:
(a) "Low profile motorized vehicle" shall mean any motorized vehicle
that:
(i) is not regulated by the State or by any other City Code provision;
(ii) is not otherwise permitted upon the highways or sidewalks; and
(iii) is less than thirty-six inches (36") in height when in its normal
operating position, r~otwithstanding any flag, antenna, or other device
attached, or modifications made thereto.
This definition includes, but is not limited to, "pocket bikes" or ,
miniature motorcycles, and "go-carts."
Here's a press release from the washington State Patrol:
Washington State Patrol <http://www.wa.govlwsp/>
Date: September 27, 2004
FOR IMMEDIATE RELEASE
Contact: Ms. Christine Fox, Washington State Patrol, [360) 753-3697,
equipment@wsp.wa.gov
Officer Sean Whitcomb, Seattle Police Department, (206) 684-5520
WashingtonStatePatrol and Seattle Police Department bi-weekly law review
-- pocket bikes
OLYMPIA -- Pocket bikes, pocket rockets, and other similar type of mini
motorcycles are small [most measure only 12 to 18 inches in overall
height), fast, and manufactured primarily as a racing ~)ike and intended
for off-road use only. Pocket bikes may not be legally operated on
public roads. Additionally, they may not be operated on sidewalks, bike
lanes, trails, or anyplace prohibiting the use of motorized vehicles.
Pocket bikes are similar in performance and application to that of a
motor-driven cycle or a motorcycle. Pocket bikes meet the definition of
a motorcycle as outlined in Revised Code of Washington (RCW) 46.04.330
which states in part, "'Motorcycle' means a motor vehicle designe~l-to
travel on not more than three wheels in contact with the ground, on
which the driver rides astride the motor unit or power train and is
designed to be steered with a handle bar .... "However, pocket bikes
do not meet many of the equipment requirements for motorcycles that may
be legally operated on roadways. These requirements are outlined in
statutes and include: a minimum wheel base of three feet six inches (RCW
46.44.050); minimum headlamp height of 24 inches (RCW 46.37.523);
minimum tail lamp height of 15 inches (RCW 46.37.525); two mirrors (RCW
46.37.400); pneumatic rubber tires (RCW 46.37.420); and others.
Additionally, pocket bikes are not manufactured with a conforming
17-digit vehicle identification number (VIN), indicating the
manufacturer did not meet Federal Motor Vehicle Safety Standards (FMVSS)
which are requ[red for motor vehicles of any class to be operated on
public roads. Operators of motor-driven cycles or motorcycles must also
hays a valid driver's license, a motorcycle endorsement, aha must wear a
helmet,
Under RCW 46.20.024, it is a misdemeanor for any person to cause or
knowingly permit a child, who is under the age of eighteen, to drive a
motor vehicle on any highway without the State's authorization.
In addition to the above restrictions, many cities and counties have
enacted ordinances further restricting the operation of pocket bikes.
All RCW's may be viewed in their entirety by accessing the Office of the
Code Revisers website at http://slc.leg.wa.gov <http:llsic.leg.wa.govl>
This is all I could find; I wish there was more.
As to whether a city could require drivers of Segways (EPAMDs) to wear
helmets, I think that a city likely could, just as cities are requiring
riders of motorized foot scooters to wear helmets. One city, Spokane,
has. See http:llwww.mrsc.orglordsls73oc33452.pdf
I hope this is helpful; please let me know if I can do anything further.
JU f if
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
THE USE OF MOTORIZED FOOT SCOOTERS, POCKET BIKES AND
EPAMDs; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, RCW 46.61.710 has authori the use of motorized foot scooters and
EPAMDs, yet has allowed local jurisdictions to regulate their use within each city; and
l t WHEREAS, the City of Tukwila is concerned about traffic and pedestrian safety, as
well as the safety of all its citizens; and
WHEREAS, Tukwila chooses to regulate the use of motorized foot scooters, pocket
bikes and EPAMDs in order to protect the health, safety, and welfare of its citizens;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations established. Tukwila Municipal Code Chapter 934 is
hereby established to read as follows:
CHAPTER 9.34
OPERATION OF MOTORIZED FOOT SCOOTERS,
POCKET BIKES AND EPAMDs
Sections:
9.34.010 Definitions
934.020 Pocket Bikes
934.030 Electric Personal Assistive Mobility Device (EPAMD)
c; V+' 9.34.040 Motorized Foot Scooters
9.34.050 Responsibility
9.34.060. Violation and Penalties
9.34.010 Definitions
4 For the purposes of TMC Chapter 934, the following definitions shall apply:
1. EPAMD" is an electric, personal assistive mobility device, which is a self-
balancing device with two wheels not in tandem, designed to transport only one person
by an electric propulsion system with an average power of 750 watts (one horsepower),
having a maximum speed on a paved surface of less than 20 mph (miles per hour),
when powered solely by such a propulsion system.
2. "Motorized foot scooter" means a device with no more than two 10- inch -or-
smaller diameter wheels, that has handlebars, is designed to be stood or sat upon by the
operator, and is powered by an internal combustion engine or electric motor that is
capable of propelling the device with or without human propulsion. A motor -driven
cycle, a moped, an electric- assisted bicycle or a motorcycle is not a motorized foot
scooter.
Motor Scooters 10/8/04 1 of 4
3. "Pocket bike" (also known as miniature motorcycle, miniature chopper or sports
racer) is a low- profile motorized vehicle 30" or less in height, with 10" or smaller wheels
and an engine displacement of 49cc's or fewer.
9.34.020 Pocket Bikes
A. Pocket bikes are prohibited from operation on any street, road or byway
publicly maintained and open to the public for vehicular travel in the City of Tukwila.
B. This section applies to pocket bikes and any similar motor vehicle with a low
profile but of a slightly different size.
9.34.030 Electric Personal Assistive Mobility Device EPAMD)
A. EPAMDs may be operated on roads and road shoulders where the speed limits
are 25 mph or less, and on bicycle lanes, sidewalks and alleys. They are prohibited in
City parks, and on multiple -use trails within the City.
B. A person operating an electric, personal assistive mobility device (EPAMD)
shall obey all speed limits and shall yield tf e right -of -way to pedestrians and human-
powered devices at all times. An operator must also give an audible signal before
overtaking and passing a pedestrian. Persons operating an EPAMD have all the rights
and duties of a pedestrian, though they must follow rules of the road when traveling on
the roadway.
C. It is unlawful to operate an EPAMD in a negligent or unsafe manner. They
shall be operated with reasonable regard for the safety of the operator and other
persons. Examples of operating in a negligent manner include, but are not limited to,
failure to obey all traffic control devices, or failure to yield right -of -way to pedestrians
ys
and /or vehicular traffic.
D. EPAMDs on roadways should ride as close as practicable to the right side of
the road.
E. EPAMD operators should dismount their device on the right side of the road
and cross the road at an intersection as a pedestrian would if making a left hand turn.
F. No EPAMD shall be operated between the times of sunset and sunrise, unless
operated as a mobility assistant for a disabled occupant, in which case lights and
reflectors must be properly installed per RCW 46.04.
G. No EPAMD shall be operated with any passengers in addition to the operator.
H. All operators of EPAMDs shall follow State Mw as found in RCW 46.61.710,
detailing that they have the rights and duties of a pedestrian unless otherwise regulated
in this section.
9.34.040 Motorized Foot Scooters
A. General Requirements
1. Every internal combustion engine driven foot scooter shall at all times be
equipped with a muffler in good working order and in constant operation to prevent
excessive or unusual noise.
2. The use of a cutout, bypass, or similar muffler elimination device is
prohibited on any motorized foot scooter.
3. Motorized foot scooters shall be equipped with a kill (deadman's) switch,
in such a manner that the drive motor is engaged through a switch, lever, or other
mechanism that, when released, will cause the drive motor to disengage or cease to
function.
4. It is unlawful to operate on a public roadway or on public property with a
motorized foot scooter that has had factory installed brakes removed or altered to the
Motor scooters 10/8/04 2 of 4
extent that the braking device is ineffective. Brakes on motorized foot scooters must
enable the operator to make the braked wheels skid on dry, level and clean pavement.
5. Handlebars on a motorized foot scooter must not exceed the shoulders of
the operator.
6. Noise Restrictions:
a. Motorized foot scooters must comply with the provisions in TMC
Chapter 8.22.110, "Public Disturbance Noises."
b. No motorized foot scooter shall emit frequent, repetitive or continuous
sounding of any horn or siren, except as a warning of danger or as specifically
permitted or required by law.
c. No motorized foot scooter shall be operated in such a manner that
results in screeching or other sounds from scooter tires coming in contact with the
ground or pavement because of rapid acceleration, braking or excessive speed around
corners or because of such other reason not connected with avoiding danger.
B. Requirements for Operation
1. It is unlawful to operate a motorized foot scooter in a negligent or unsafe
manner. They shall be operated with reasonable regard for the safety of the operator
and other persons. Examples of operating in a negligent manner include, but are not
limited to, failure to obey all traffic control devices, or failure to yield right -of -way to
pedestrians and /or vehicular traffic.
2. No motorized foot scooter shall be operated without the operator wearing
a properly fitted and fastened helmet, that meets or exceeds safety standards adopted
by Standard Z-90.4 set by the American National Standards Institute (ANSI).
3. No person operating a motorized foot scooter shall tow or pull another
person behind such device. In the event that a person is pulled or towed behind a
motorized foot scooter, the person operating the scooter and the person being towed or
pulled are both in violation of TMC Chapter 9.34.
4. No person may operate a motorized foot scooter on a public byway unless
such person is 16 years or older.
5. Any person operating a motorized foot scooter shall obey all rules of the
road applicable to vehicle or pedestrian traffic, as well as the instructions of official
traffic control signals, signs and other control devices applicable to vehicles, unless
otherwise directed by a police officer.
6. It shall be unlawful to operate a motorized foot scooter other than as close
as practicable to the right -hand curb or right edge of the roadway.
7. When preparing for a left turn, the motorized foot scooter operator shall
stop and dismount as close as practicable to the right -hand curb or right edge of the
roadway and complete the turn by crossing the roadway on foot, subject to the
restrictions placed on pedestrians in RCW Chapter 46.61.
8. No motorized foot scooter shall be operated with any passengers in
addition to the operator.
9. No motorized foot scooter shall be operated between the times of sunset
and sunrise.
10: Prohibited Areas. It is unlawful for any person to operate or ride upon a
motorized foot scooter or similar device in any of the following areas:
a. Parks, including sidewalks, parking lots, streets, paths, trails and
similar travel ways.
b. Multi-use trails, including all City and regional recreational trails in
the City.
Motor Scooters 10/8/04 3 of 4
/1
c. Sidewalks within the City limits.
d. Parking lots of any municipal facility.
e. Roads with speeds over 25 mph.
C. Application to Other Devices
The provisions of TMC Chapter 934 regarding motorized foot scooters apply
to any device that
1. Matches the definition of a motorized foot scooter, except for the number
or size of the device's wheels; and
2. Cannot be defined as
a) A vehicle legally registered by the Washington Department of Vehicle
Licensing as a motorcycle or moped.
b) An electric- assisted bicycle.
9.34.050 Responsibility
No person shall perform any act forbidden by TMC Chapter 934 nor fail to
perform any act required in TMC Chapter 934. It is unlawful for any parent, guardian
or other person having control or custody of a minor child to allow said minor to
operate a motorized foot scooter, pocket bike, or EPAMD in violation of TMC Chapter
934.
9.34.060 Violations and Penalties
A. The City of Tukwila Police Department personnel shall be responsible for
enforcing the provisions of TMC Chapter 934.
B. Upon determining a violation of TMC Chapter 934 has occurred, law
enforcement officers may, at their discretion, issue a civil infraction in the amounts
specified in TMC 934.060.0 to arty person including a parent or guardian violating
any of the provisions of TMC Chapter 934.
C. The following monetary penalties shall apply:
1. First offense $40.
2. Second offense $80.
`r' 3. Third and future offenses $250 each.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application -to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Motor Scooters 10/8/04 4 of 4
Tentative Schedule
Oct. 4 11 18 25
Regular Meeting to be preceded by a Special Presentation:
SEE AGENDA Special Meeting from 6-7 PM; BUDGET Community-Oriented
PRESENTATION AND DISCUSSION Policing Citizens
PACKET FOR
Advisory Board
THIS WEEK'S Special Presentation:
AGENDA a) A resolution thanking Police Chief awards
Haines for his outstanding service to
the citizens of Tukwila. Special Issues:
b) Introduction of Karen Goroski, Comprehensive Plan
Executive Director, Suburban Cities deliberations (if
Association needed)
Unfinished Business: Comprehensive
Plan deliberations (if needed)
Nov. 1 8 15 22
llth -
Veterans' Dm
(City offices 29
closed) 5TH MONDAY OF THE
25th & 26th - MONTH;
Thanksgiving No Council Mtg.
and day after Scheduled
(City offices
closed}
Dec. 6 13 20 27
24th - No Council Mtg.
Christmas Day Scheduled
observed
31st - New
Year's Day
observed
(City offices
closed}
Jan. 3 10 17 24
17th - M.L.
(City offices 5TH MONDAY OF THE
closed) MONTH}
No Council Mtg.
Scheduled
Weekly-Meeting/Community Events. October 2004
AMondayx A ^12•Tye8day 13 Wednesday 14 Thursday, 15 Fri 16 Sat
Transportation, Community Affairs COPCAB, 6:30 PM Board of Architectural Chipper
5 PM Parks, 5 PM Review, 7 PM (PLEASE Day
Civil Service Cmsn, Hwy 99 Action, NOTE: RESCHEDULED
5 PM 'J PM FROM 10/28/04)
City Council COW, Library Advisory "An Evening with Pierre
7 PM Brd, 7 PM Cruzatte George
Drouillard," 7 PM,
Sister City, 7 PM, Tukwila Performing
Council Chambers, Arts Center.
(PLEASE NOTE ONE Ticket Info.: 206-674
TIME LOCATION 4673 or 425- 251 -9737
CHANGE)
1* 0* T `r_'a 4!14 m`£rarlAM201Wec}nosdaYZ ,,2i Whutsday`', .22 Fri 23. Sat
Finance Safety, Utilities, 5 PM Crime Hot Spots Task Apt Mgr's Network,
5:05 PM Force, 10 AM NOON
City Council Parks Cmsn, 5:30 PM Domestic Violence
Special Mtg., 6 PM; Task Force, NOON
Regular Mtg., 7 PM OPEN HOUSE, Allentown/
Foster Point Sewer,
Water and Street
Improvements, 6 -8 PM,
TCC PM (PLEASE
NOTE: RESCHEDULED
FROM 10/6/04)
Court Jury Readiness notations are made to alert City of Tukwila employees /citizens of potential parking difficulty only.
➢Apartment Mgrs' Network Lunch (3rd Thurs), NOON. (brine own lunch). TCC, contact Robbie Burns 206- 242 -8084.
Arts Commission (1st Tue), 5 PM. TCC, contact Kimberly Matej 206 767 -2342.
Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Dispose
of prunings /plant materials from the Longhomed Beetle quarantine area. Drive your truckload of materials to the parking lot and
we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID w /quarantine area address.
City Council Committee of Whole (COW) Meeting (2nd 4th Mon), 7 PM. Council Chambers.
City Council Regular Meeting (1st 3rd Mon).. 7 PM. Council Chambers.
Civil Service Commission (2nd Mon), 5 PM. Conf Rm #3, contact Bev Willison 206 433 -1844.
>Community Affairs Parks Committee (2nd 4th Tues), 5 PM. Conf Rm #3; 10/12 Mtg.: Presentation: SW King County
Economic Development Initiative; Business Agenda: a) Briefing on CTR; approval of Metro implementation contract, b)
TUC/ECONorthwest contract amendment #2, c) Code Enforcement tax lien ordinance, d) Interlocal agreement, K.C. Rural Library
District, e) Tukwila South annexation.
Community Oriented Policing Citizens Adv. Brd (COPCAB) (2nd Wed), 6:30 PM, Conf Rm #5, Marja Murray 206 433 -7175.
Crime Hot Spots Task Force (3rd Wed), 10 AM, CRC, Marja Murray 206 -433 -7175.
Domestic Violence Task Force (3rd Th), Noon -1:30 PM. Conf Rm #5, Evie Boykan 206433 -7180 or Keith Haines 206 433 -1827.
Equity Diversity Commission (1st Th), 5:15 PM, Showalter Middle School Library. call Lucy Lauterbach 206 433 -1834.
Finance Safety Committee (1st 3rd Mon).. 5:05 PM, Conf Rm #3.
>Hwy 99 Action, (2nd Tue), 7 PM, TCC. contact Keith Haines 206 433 -1827.
Human Services Adv. Brd (2nd Fri of odd months only).. 10 AM, Human Srvcs Conf Rm, call Evie Boykan 206 433 -7180.
>Human Services Providers.. 11:30 AM: 3/19.6/18.9/17, 12/3 (tentative). TCC. call Evie Boykan 206- 433 -7180.
Library Advisory Board, (2nd Tues), 7 PM, Foster Library, call Bruce Fletcher 206 767 -2343.
Parks Commission (3rd Wed).. 5:30 PM, TCC Sr. Game Rm, contact Kimberly Matej 206 767 -2342.
Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th). 7 PM, Council Chambers,
contact Wvnetta Bivens 206- 431 -3670.
Sister City Committee (as needed), Conf. Rm #3, contact Lucy Lauterbach 206- 433 -1834.
Transportation Committee (2nd 4th Mon), 5 PM, 6300 Southcenter Blvd, Conf Rm #1; 10 /11 Mtg.: a) Sound Transit project
status, b) South 144th Street (42nd to Macadam) parking issues, c) RegionaUlocal transportation policy issues.
Tukwila Government Affairs (SWKCC) (1st Tue), Noon. Chamber Offices, contact Nancy Damon 206 -575 -1633.
Tukwila Citizen Patrol (4th Mon), 7 PM, TCC, Everett Parr 206- 762- 9219/Roy Steinauer 206 243 -9191, Tukcp @hotmail.com.
Utilities Committee (1st 3rd Tues). 5 PM. 6300 Southcenter Blvd. Conf Rm #1.