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HomeMy WebLinkAboutTrans 2007-02-12 COMPLETE AGENDA PACKET City of Tukmita Transportation Committee h t5os X Pam Carter, Chair Joe Duffie Pam Linder AGENDA Monday, February 12, 2007 Time: 5:00 p.m. Place: Conference Room No. 1 1 ITEM NO. I B I. Current Agenda Review I. II. Presentation(s) II. A. Fundamentals of Local Improvement A. Information. Districts by Hugh Spitzer, Attorney with Foster Pepper PLLC Page 1 III. Business Agenda III. A. Transportation Impact Fee Schedule A. Move to Committee of the Whole for Update Page 3 discussion. B. Concurrency Test Fee Page 13 B. Move to Committee of the Whole for discussion. C. 35' Ave S Emergency Pipe Repair, C. Move to Committee of the Whole for Emergency Declaration Resolution discussion same night then to Regular Page 15 Council for approval. D. 35 Ave S Emerge n cy p p Pipe Repair, D. Move to Committee of the Whole for Short Form Contract Page 23 discussion same night then to Regular Council for approval. E. 2006 Fourth Quarter /Year End Report E. Information. Page 33 IV. Old Business Next Meeting: Monday, February 26, 2007 The City of Tukwila strives to accommodate people with disabilities. Please contact the Public Works Department at 433 -0179 for assistance. 40 Attachment II.A. INFORMATION MEMO From: Mayor Mullet Public Works Director To: Date: Subject: February 7, 2007 Tukwila Urban Center Access Improvement PrQiect/Klickitat Project No. 84-RW19 LID Fundamentals ISSUE Presentation on the intricacies and steps of Local Improvement Districts by Hugh Spitzer, Attorney with Foster Pepper PLLC. BACKGROUND Foster Pepper PLLC was retained by the City in December 2006 to serve as Bond Counsel for the formation of the LID for the Klickitat project. As part of their services, they offer a "Local Improvement District 101" briefmg to explain the LID process and engage the Council in discussions so that a thorough understanding of this complex funding mechanism is achieved. The attached agenda outlines the presentation to be shared with the Transportation Committee. RECOMMENDATION Information. CK:ad attachment (i:\pubworks\cyndy\klickita1\infonnation memo - lid 101 2-12-{)6.doc) I CITY OF TUKWILA, W ASmNGTON THE LOCAL IMPROVEMENT DISTRICT PROCESS . The special benefit assessment process in Local Improvement Districts Origin and history Basic concepts and two tests for validity of assessments Uses or applications Statutes and cases . Assessment methods Zone and termini or other formulas Frontage and area charges Per lot or unit Special benefit/proportionate assessment methodology . The typical LID Process Two resolutions and two public hearings Three public notices Four ordinances . Purposes and conduct of the preliminan' (formation) and final assessment roll hearings, and authority to appoint a Hearing Examiner . Due process, Appearance of Fairness, ex parte communications and conflict of interest issues in quasi judicial proceedings . Alternatives for interim construction and permanent financing . Assessment prepayment and annual installment payment procedures . Assessment term of years, interest and penalties . Negotiated sale of bonds Principal amount and term Prior redemption Local Improvement Guaranty Fund . Role of Bond Counsel l Hugh Spitzer February, 2007 Attachment III.A. INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Director February 7, 2007 Transportation Impact Fee Schedule Update ISSUE Annual update to the Transportation Impact Fee schedule. BACKGROUND State law requires the City of Tukwila to plan under the Growth Management Act (GMA). A substantial update to the Transportation Element was completed in 2005 and a new method for assessing transportation impact fees was put in place effective January 1, 2006. The impact fee schedule was developed through identification of future roadway improvements necessary to maintain the City's adopted concurrency standard and a fiscal analysis on how much funding capability Tukwila will have. Impact fees are one tool allowed under GMA to fmance necessary roadway improvements. RCW 82.02.909 defmes Impact Fees as "...a means of payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development, that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the new development." TMC 9.48.100 states "The impact fee may be updated annually to evaluate the consistency of development density assumptions, estimated project costs and adjusted for awarded grant funding, if any. Updates that result in a change in impact fees will be reviewed by the City Council. Impact fee changes will only occur through an ordinance requiring Council action." ANALYSIS The first attached matrix shows the projects per zone which are identified in the 2007 CIP as having funds expended within the next six years. Impact fees must be calculated after all other sources of funding have been accounted for; therefore, the amount being collected under Impact Fee Cost is less than the actual project cost. Further, since the City must pay for the impacts of existing volumes as well as regional growth utilizing City facilities, only those trips which are new to each zone and which are associated with new growth in the zone are considered. The second matrix, the proposed Impact Fee Schedule 2007, has been updated from the adopted 2006 version to reflect current project costs adopted in the 2007-2012 CIP. The attached map shows the boundaries of the four impact fee zones. For comparison, Public Works Bulletin A3 has been included to show the current Transportation Impact Fees. A table comparing Tukwila's proposed impact fees with other surrounding jurisdictions is also included. RECOMMENDATION Move to the next Committee of the Whole meeting for discussion. CK:ad attachments (p:\c)nly\ro<>:urmLJ' & ""- feeslinfonnatioo memo - "" briefing 1fYJ7 update""- fees 2-12-06.doc) 3 Location of Projects Projects of influence Zone 1: South /TUC Zone 2: East /Interurban Zone 3: West/TIB Zone 4: North /MIC Zone 5: All Zones Southcenter Urban Access /Klickitat Andover Park W Andover Park E /Minkler West Valley Highway /S 156th St Minkler Boulevard: APW to Southcenter Pkwy Andover Park E /Industry Dr. Southcenter Parkway /S 168th Signal W Valley Highway /Strander NB LT Lanes Interuban Bridge Minkler Blvd (section completed in 1995) S 168th Street West Valley Highway Strander Boulevard Extension Southcenter Boulevard Tukwila Parkway /Andover Park E Southcenter Blvd /West Valley Hwy Macadam Rd /53rd Ave /S 144th St S 144th Street S 133rd St /SR 599 SB Off -ramp Southcenter Boulevard (1 -5 to TIB) Macadam Rd /51st Ave /S 144th St S 124th St /42nd Ave S S 160th /42nd Ave S E Marginal Way /S 130th St Tukwila International Boulevard Phase IV E Marginal Way Tukwila Intl Blvd /S 116th /SR 599 Signal Interconnect Cost of 2007 Project Project Cost Grants, mitigation, LID, other sources 21,418,000 21,418,000 16,588,000 1,661,000 1,661,000 108,000 470,000 470,000 766,000 766,000 300,000 425,000 425,000 425,000 357,000 357,000 259,048 259,048 703,560 703,560 505,715 2,024,250 2,024,250 1,206,384 1,228,645 1,228,645 13,700,000 13,700,000 580,000 580,000 761,000 761,000 500,000 6,868,000 6,868,000 2,700,000 2,700,000 4,700,000 4,700,000 444,000 444,000 1,373,000 1,373,000 500,000 350,000 7,600,000 7,600,000 483,000 483,000 467,000 467,000 567,000 567,000 530,000 530,000 3,083,000 3,083,000 1,920,000 35,000 4,675,000 4,675,000 5,544,000 2,544,000 Impact Fee Cost of Zone Cost 2006 4,830,000 1,553,000 470,000 466,000 357,000 259,048 197,845 817,866 1,228,645 444,000 753,000 620,000 315,000 35,000 7,600,000 2,400,000 683,000 35,000 1,900,000 2,171,000 373,000 10,179,404 $404,000 655,000 718,000 373,000 Impact Fee Schedule 2007 land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4 Measure Cost per Trip All Other Uses $1,736.80 $1,357.77 $1,061.20 $819.38 Residential Single Family dwellinQ $1,659.35 $1,297.22 $1,013.88 $782.84 Multi Family dwelling $712.09 $556.69 $435.09 $335.95 Retirement Community dwelling $722.89 $565.13 $441.69 $341.04 Nursing Home/Convalescent Center bed $289.15 $226.05 $176.68 $136.42 Assisted Living dwelling $289.15 $226.05 $176.68 $136.42 Commercial - Services Drive-in Bank sq fUGFA $23.14 $18.09 $14.14 $10.92 Walk-in Bank sq fUGFA $18.67 $14.60 $11.41 $8.81 Day Care Center sq fUGFA $9.28 $7.25 $5.67 $4.38 Library sq fUGFA $4.24 $3.32 $2.59 $2.00 Post Office sq fUGFA $6.46 $5.05 $3.95 $3.05 Hotel/Motel room $1,107.80 $866.04 $676.87 $522.63 Service Station VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Service Station/Minimart VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Service Station/Minimart/Car Wash VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Carwash (Self-Serve) Stall $2,826.58 $2,209.72 $1,727.06 $1,333.51 Movie Theater screen $64.24 $50.22 $39.25 $30.31 Health Club sq fUGFA $4.42 $3.46 $2.70 $2.09 Racquet Club sq fUGFA $1.99 $1.56 $1.22 $0.94 Marina Berth $247.38 $193.39 $151.15 $116.71 Commercial - Institutional Elementary School/Jr. High School student $195.27 $152.66 $119.31 $92.13 High School student $131.43 $102.75 $80.31 $62.01 University/College student $267.56 $209.17 $163.48 $126.23 Church sq fUGFA $1.15 $0.90 $0.70 $0.54 Hospital sq fUGFA $2.22 $1.73 $1.35 $1.05 Commercial - Restaurant Restaurant sq fUGFA $9.56 $7.48 $5.84 $4.51 Fast Food Restaurant w/o drive thru sq fUGFA $12.27 $9.60 $7.50 $5.79 Fast Food Restaurant w drive/thru sq fUGFA $16.26 $12.71 $9.94 $7.67 Industrial Light Industry/High Technologv sq fUGFA $2.06 $1.61 $1.26 $0.97 Industrial Park sq fUGFA $2.06 $1.61 $1.26 $0.97 Warehousing/Storage sq fUGFA $1.15 $0.90 $0.70 $0.54 Mini Warehouse sq fUGFA $0.50 $0.39 $0.31 $0.24 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) 5 Impact Fee Schedule 2007 land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4 Measure Cost per Trip All Other Uses $1,736.80 $1,357.77 $1,061.20 $819.38 Commercial - Retail Shopping Center up to 9,999 sq ft sq fUGLA $4.18 $3.27 $2.55 $1.97 10,000 sq ft-49,999 sq ft sq fUGLA $3.51 $2.75 $2.15 $1.66 50,000 sq ft-99,999 sq ft sq fUGLA $3.03 $2.37 $1.85 $1 .43 100,000 sq ft-199,999 sq ft sq fUGLA $2.61 $2.04 $1.59 $1.23 200,000 sq ft-299,999 sq ft sq fUGLA $2.38 $1.86 $1 .45 $1.12 300,000 sq ft-399,999 sq ft sq fUGLA $2.82 $2.21 $1.72 $1.33 over 400,000 sq ft sq fUGLA $3.17 $2.48 $1.94 $1.49 Miscellaneous Retail Sales sq fUGFA $3.17 $2.48 $1.94 $1 .49 Supermarket sq fUGFA $7.73 $6.04 $4.72 $3.64 Convenience Market sq fUGFA $14.39 $11.25 $8.79 $6.79 Nursery/Garden Center sq fUGFA $2.62 $2.05 $1.60 $1.24 Furniture Store sq fUGFA $0.22 $0.17 $0.13 .. $0.10 Car Sales - New/Used sq fUGFA $4.56 $3.57 $2.79 $2.15 Auto Care Center sq fUGLA $2.62 $2.05 $1.60 $1.24 Quick Lubrication Vehicle Shop Service Bay $2,899.10 $2,266.42 $1,771.37 $1,367.73 Auto Parts Sales sq fUGFA $3.34 $2.61 $2.04 $1.58 Pharmacy (with Drive Through) sq fUGFA $3.44 $2.69 $2.10 $1.62 Pharmacy (no Drive Through) sq fUGFA $3.36 $2.63 $2.05 $1.58 Free Standing Discount Store sq fUGFA $3.13 $2.44 $1.91 $1.47 Hardware/Paint Store sq fUGFA $2.66 $2.08 $1.62 $1.25 Discount Club sq fUGFA $3.13 $2.44 $1.91 $1.47 Video Rental sq fUGFA $4.88 $3.82 $2.98 $2.30 Home Improvement Superstore sq fUGFA $1.33 $1.04 $0.81 $0.63 Tire Store Service Bay $1,938.32 $1,515.31 $1,184.33 $914.45 Electronics Superstore sq fUGFA $3.11 $2.43 $1.90 $1.46 Commercial - Office Administrative Office up to 9,999 sq ft sq fUGFA $8.10 $6.33 $4.95 $3.82 10,000 sq ft-49,999 sq ft sq fUGFA $8.10 $6.33 $4.95 $3.82 50,000 sq ft-99,999 sq ft sq fUGFA $4.70 $3.67 $2.87 $2.22 100,000 sq ft-199,999 sq ft sq fUGFA $3.56 $2.78 $2.17 $1.68 200,000 sq ft-299,999 sq ft sq fUGFA $3.10 $2.43 $1.90 $1.46 over 300,000 sq ft sq fUGFA $2.91 $2.27 $1.78 $1.37 Medical Office/Clinic sq fUGFA $6.29 $4.91 $3.84 $2.97 GLA= Gross leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) 6 Impact Fee Zones Map PUBLIC WORKS BULLETIN A3 PAVEMENT MITIGATION AND TRANSPORTATION IMPACT FEES CITY OF TUKWILA Public Works Department 206-433-0179 This Bulletin summarizes pavement mitigation fees and transportation impact fees applicable to private development projects within the city. PAVEMENT MITIGATION FEE The City does not allow pavement cuts in pavement that is three years old or newer (I'MC 11.04 Recently Improved Street), except by written approval from the Public Works Director. Public Works charges a pavement mitigation fee whenever pavement in the right-of-way is disturbed. The pavement mitigation fee compensates the City for reduced life span due to disturbance of roadway surfaces. The fee is based on the total square footage of impacted pavement and on the remaining life of the existing pavement. The mitigation fee, based on cut limits shown on the permit plan set, is paid when the permit is issued. To estimate the cut area, add two feet to all sides ofthe expected cut limits before calculating the area This fee may be adjusted, based on the Inspector's measurement of the actual cut limits. Use the following table to estimate the pavement mitigation fee. Approx. Remaining Years 0-1 1-2 (10%) 2-5 (25%) 5-7 (33%) 7-10 (50%) 10-15 (75%) 15-20 (100%) Pavement Mitigation Fee $0.00 $1.00 $2.50 $3.30 $5.00 $7.50 $10.00 TRANSPORTATION IMPACT FEE Consistent with the Comprehensive Plan, the Six-year Transportation Plan and the Capital Improvement Plan, the transportation impact fee helps ensure that new development bears its proportionate fair share of transportation facilities necessitated by the new development. The fee applies to any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit and generates any new PM peak hour trips. The transportation impact fee is charged to each development according to an impact fee schedule based on defmed zones. The fees are assessed as part of the building permit and are due and payable when the permit is issued. (TMC 9.48 and Ordinance 2111) This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed for specific compliance to codes and regulations. Approved 12.31.2005 1 B Impact Fee Schedule 2006 Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4 Measure Cost per Trip> I $1,424.711 $1,345.461 $1,071.73 $807.07 Residential Single Family dwellina $1,361.18 $1,285.46 $1,023.94 $771.08 Multi Family dwellinQ $826.33 $780.37 $621.60 $468.10 Retirement Community dwellinQ $291.10 $274.91 $218.98 $164.90 NursinQ Home/Convalescent Center bed $215.63 $203.64 $162.21 $122.15 Assisted Livina dwellina $183.29 $173.09 $137.88 $103.83 Commercial - Services Drive-in Bank sa fUGFA $18.98 $17.92 $14.28 $10.75 Walk-in Bank sq fUGFA $15.32 $14.47 $11.52 $8.68 Day Care Center sq fUGFA $7.62 $7.20 $5.74 $4.32 Library sa fUGFA $3.48 $3.29 $2.62 $1.97 Post Office sq fUGFA $5.30 $5.00 $3.98 $3.00 Hotel/Motel room $908.73 $858.19 $683.59 $514.78 Service Station VFP $3,812.37 $3,600.31 $2,867.84 $2,159.64 Service Station/Minimart VFP $2,627.55 $2,481.40 $1,976.56 $1,488.46 Service Station/MinimartlCar Wash VFP $3,885.36 $3,669.24 $2,922.74 $2,200.99 Carwash (Self-Serve) Stall $2,318.66 $2,189.69 $1,744.20 $1,313.48 Movie Theater screen $33,521.56 $31,656.97 $25,216.45 $18,989.37 Health Club sq fUGFA $3.85 $3.64 $2.90 $2.18 Racquet Club sa fUGFA $1.64 $1.54 $1.23 $0.93 Marina Berth $202.92 $191.64 $152.65 $114.95 Commercial - Institutional Elementarv School/Jr. HiQh School student $160.18 $151.27 $120.50 $90.74 High School student $107.82 $101.82 $81.10 $61.08 University/Colleae student $219.48 $207.27 $165.10 $124.33 Church sq fUGFA $0.94 $0.89 $0.71 $0.53 Hospital sq fUGFA $1.42 $1.34 $1.07 $0.80 Commercial- Restaurant Restaurant sq fUGFA $7.84 $7.41 $5.90 $4.44 Fast Food Restaurant w/o drive thru sq fUGFA $10.07 $9.51 $7.57 $5.70 Fast Food Restaurant w drive/thru sq fUGFA $12.89 $12.17 $9.70 $7.30 Industrial LiQht Industrv/HiQh TechnoloQY sq fUGFA $1.92 $1.82 $1.45 $1.09 Industrial Park sq fUGFA $1.81 $1.71 $1.36 $1.02 Warehousing/Storage sq fUGFA $1.00 $0.95 $0.75 $0.57 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) q Impact Fee Schedule 2006 Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4 Measure Cost per Trip> $1,424.71 $1,345.46 $1,071.73 $807.07 Commercial - Retail ShoppinQ Center UP to 9,999 sq ft sq ftIGLA $3.43 $3.24 $2.58 $1.94 10,000 sq ft-49,999 sq ft sq ftIGLA $3.01 $2.84 $2.26 $1.70 50,000 Sq ft-99,999 Sq ft sa ftIGLA $2.20 $2.08 $1.65 $1.25 100,000 sa ft-199,999 sa ft sa ftIGLA $2.15 $2.03 $1.62 $1.22 200,000 sq ft-299,999 sq ft sq ftIGLA $1.96 $1.85 $1.47 $1.11 300,000 sq ft-399,999 sq ft sa ftlGLA $2.32 $2.19 $1.75 $1.31 over 400,000 sa ft sa fUGLA $2.61 $2.47 $1.97 $1.48 Miscellaneous Retail Sales sq ftIGFA $1.19 $1.12 $0.89 $0.67 Supermarket sq ftIGFA $6.98 $6.59 $5.25 $3.95 Convenience Market sq ftIGFA $12.10 $11.43 $9.10 $6.86 Nursery/Garden Center sq fUGFA $1.74 $1.64 $1.31 $0.99 Furniture Store sa ftIGFA $0.18 $0.17 $0.13 $0.10 Car Sales - New/Used sq ftIGFA $3.97 $3.75 $2.98 $2.25 Auto Care Center sq ftIGLA $1.55 $1.46 $1.17 $0.88 Quick Lubrication Vehicle Shop Service Bav $1,358.94 $1,283.35 $1,022.26 $769.82 Auto Parts Sales sa ftIGFA $2.74 $2.59 $2.06 $1.55 Pharmacy(with Drive Throuah) sa ftIGFA $3.40 $3.21 $2.56 $1.93 Free Standing Discount Store sq ftIGFA $2.40 $2.27 $1.81 $1.36 Hardware/Paint Store sa fUGFA $2.03 $1.91 $1.52 $1.15 Discount Club sa fUGFA $4.10 $3.87 $3.08 $2.32 Video Rental Sq ftIGFA $3.06 $2.89 $2.30 $1.74 Home Imorovement Superstore sa ftIGFA $1.62 $1.53 $1.22 $0.92 Tire Store Service Bav $1,590.01 $1,501.57 $1,196.08 $900.72 Electronics Superstore sq ftIGFA $2.55 $2.41 $1.92 $1.44 Commercial - Office Administrative Office up to 9,999 sq ft sq ftIGFA $6.65 $6.28 $5.00 $3.76 10,000 sq ft-49,999 sq ft Sq ftIGFA $6.65 $6.28 $5.00 $3.76 50,000 sq ft-99,999 sq ft sa ftIGFA $3.85 $3.64 $2.90 $2.18 100,000 sq ft-199,999 sq ft sq ftIGFA $2.92 $2.75 $2.19 $1.65 200,000 sq ft-299,999 sq ft Sq ftIGFA $2.55 $2.40 $1.91 $1.44 over 300,000 sq ft Sq ftIGFA $2.39 $2.25 $1.79 $1.35 Medical Office/Clinic sq ftIGFA $5.66 $5.34 $4.25 $3.20 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) /0 Traffic Impact Fee Comparison 2007 Jurisdiction Sammamish Covington (High) Redmond (High) Snohomish County (Outside UGA High) Kenmore Snohomish County (Inside UGA High) Bothell Des Moines Seattle (South Lake Union) Snohomish County (Outside UGA Low) Snohomish County (Inside UGA Low) Olympia Tukwila: Zone :1 Newcastle Bellevue (High) Kirkland Redmond (Low) Auburn Covington (Low) Bellevue (Low) Tukwiia:_(Ziine 4 Cost Per Trip $14,706.89 $6,335.00 $4,241.46 $3,570.73 $3,509.76 $3,268.29 $3,100.00 $2,506.54 $2,273.17 $2,065.85 $1,892.68 $1,873.17 $1,463.41 $1,439.02 1,429.27 $1,143.90 $1,075.61 $1,036.00 $790.24 Covington also collects additional impact fees on a cost per trip basis varying from $95 to $2115 per trip through individual projects 1 Attachment III.B. INFORMATION MEMO To: Mayor Mullet Public Works Director February 7, 2007 Concurrency Test Fee From: Date: Subject: ISSUE Review the proposed Concurrency Test Fee for new development. BACKGROUND In December 2005, the City updated its Transportation Element as part of the state-required update to the Comprehensive Plan. In the Transportation Element, level of service standards are established which Tukwila is required to enforce and maintain. The City uses the emme/2 traffic model to determine if adequate capacity is available for growth. Mirai Transportation Planning and Engineering was the consultant retained by Tukwila in 2002 to develop the city- wide transportation model and then later retained to update the model in 2006. Part of the work completed by Mirai was to assist the City in developing a concurrency test fee schedule to be assessed by new development to help offset the costs of maintaining the City's transportation model and annual updates. The Concurrency Ordinance, adopted in 2005, states, "The applicant shall submit a detailed project description of the development, including location, vehicular circulation, and gross floor area by use, as part of the concurrency application and concurrency test fee." Until now, no concurrency test fee has been established. ANALYSIS The attached table shows the proposed concurrency test fee schedule to be charged when a new application is submitted. This fee has been developed based on similar types of development and approximate contribution to new trip generation. This cost to the developer is expected, and has been designed to be a savings of both time and money due to the dramatic change in Transportation Impact Analysis (TIA) requirements. In the past, approximately 60%-80% of the work associated with the individual TIA requirements was to address concurrency. These proposed fees have been developed to be substantially less than the cost of a full TIA for most new developments. Some smaller developments, such as the small scale home builder who may not have been required to submit a TIA in the past, will now be charged a small fee to pay for their project's incremental impact on the City's transportation system. RECOMMENDATION Move to the next Committee of the Whole meeting for discussion. CK:ad attachment (i:lpubworkslcyndylconcurrency & impact feeslinformation memo - concurrency test fee implementation 2-12-07.doc) /3 City of Tukwila, Development Application Fees for Concurrency Analysis Fees for Residential Use Unit Between 1 and 3 Between 4 and 5 Between 6 and 10 Between 11 and 15 Between 16 and 20 Between 21 and 25 Between 26 and 30 Between 31 and 40 Between 41 and 60 Greater than 60 All Types of Residential 1 $300 $600 $1,200 $2,000 $3,500 $5,000 $6,500 $8,000 $10,000 $12,000 Gross Floor Area Less than 5,000 Between 5,001 and 10,000 Between 10,001 and 20,000 Between 20,001 and 30,000 Between 30,001 and 40,000 Between 40,001 and 50,000 Between 50,001 and 70,000 Between 70,001 and 90,000 Between 90,001 and 150,000 Between 150,001 and 200,000 Greater than 200,000 Fees for Non Residential Use Industrial 2 Off 3 $1,000 $1,500 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 $1,800 $2,700 $3,600 $5,400 $7,200 $9,000 $10,800 $12,600 $14,400 $16,200 $18,000 Institutional All Other Retail Eatery 5 Port 6 Uses $2,700 $5,400 $500 $1,500 $4,050 $8,100 $1,000 $2,000 $5,400 $10,800 $1,500 $2,500 $8,100 $10,800 $2,000 $2,500 $10,800 $10,800 $2,500 $2,500 $13,500 $10,800 $3,000 $2,500 $16,200 $10,800 $4,000 $2,500 $18,900 $10,800 $5,000 $2,500 $21,600 $10,800 $6,000 $2,500 $24,300 $10,800 $7,000 $2,500 $24,300 $10,800 $8,000 $2,500 1 At residential uses defined by the ITE Trip Generation Manual Land Use Codes 200 -299, including single family, multi family, mobile home parks, and shared housing 2 At industrial /agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100 -199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks 4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400 -499, 800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters 5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831 -836, excluding accessory (stand alone) drive through espresso stands (or similar) under 250sf which are assessed $300 6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit Attachment III.C. INFOR.l'\1ATION :MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ February 8, 2007 3SU' Ave. South Emer2ency Pipe Repair Emergency Declaration Resolution ISSUE Approve an Emergency Declaration that authorizes City staff to expedite repair of the subject project. BACKGROUND City maintenance crews discovered a large sinkhole on 35th Ave. South just south of South 128th Street. The sinkhole resulted from a failed 18" storm water pipe beneath the roadway that conveys Riverton Creek. The hole is approximately 6' deep and there is an exposed sewer pipe and gas main visible and requires immediate repair to avoid further roadway, creek, and utility damage. RECOM:MENDATION Approve the emergency resolution that authorizes Public Works to immediately construct a repair to the damaged pipe crossing and roadway by a construction contract exempt from competitive bidding. RL:ad attachments: draft resolution RCW 39.04.280 Emergency Storm Pipe Repair Memo/photographs (p:Proi=\A- DR Proi=\07DR02\ Info Memo - 35" Aye S Emergen;y Resolutioo) /5 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUIOVILA, WASHINGTON, DECLARING AN EMERGENCY IN RESPONSE TO DAMAGES TO PUBLIC PROPERTY DUE TO EROSION. WHEREAS, it has been determined that a break in a roadway cross culvert has occurred at the 12800 block of 35th Avenue South; and WHEREAS, the break has resulted in damage to the roadway, creek, and poses a significant risk to existing gas, sewer, and water utilities; and WHEREAS, the repairs to the roadway and drainage culvert are required inunediately; and \VHEREAS, RO'V 39.04.280 provides for emergency declarations and competitive bidding exemptions; and WHEREAS, the Mayor of Tukwila has declared an emergency in order to allow City forces to respond with appropriate resources to restore damages and prevent further impacts to public and private property; and WHEREAS, the City Council wishes to provide their support and endorsement of the Mayor in his action to declare an emergency and in the City's efforts to respond to the emergency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council supports the Mayor in his declaration of an emergency, due to damages and the need for protective actions brought about by a failed roadway culvert, and hereby authorizes City forces to respond in the manner which is most effective and expedient, without regard for the procedures and formalities which would otherwise govern the assignment of duties, procurement of materials, and contracting of services. This situation is an emergency as defined in RCW 39.04.280(3). PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2007. ATTEST/ AUTHENTICATED: Verna Griffin, Council President Jane E. Cantu, CMC, City CIerk APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City CIerk: Passed by the City Council: Resolution Number: /6 C:\Dorumenls and SeUings\All Users\Desktop\Kelly\MSDATA \Resolutions\Emergency Pipe Repair.doc RLksn 2/8/2037 Page 1 of 1 RCW 39.04.280: Competitive bidding requirements - Exemptions. Page 1 of 1 RCW 39.04.280 Competitive bidding requirements - Exemptions. This section provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding contracts for public works and contracts for purchases. The statutes governing a specific type of municipality may also include other exemptions from competitive bidding requirements. The purpose of this section is to supplement and not to limit the current powers of any municipality to provide exemptions from competitive bidding requirements. (1) Competitive bidding requirements may be waived by the governing body of the municipality for: (a) Purchases that are clearly and legitimately limited to a single source of supply; (b) Purchases involving special facilities or market conditions; (c) Purchases in the event of an emergency; (d) Purchases of insurance or bonds; and (e) Public works in the event of an emergency. (2)(a) The waiver of competitive bidding requirements under subsection (1) of this section may be by resolution or by the terms of written policies adopted by the municipality, at the option of the governing body of the municipality. If the governing body elects to waive competitive bidding requirements by the terms of written policies adopted by the municipality, immediately after the award of any contract, the contract and the factual basis for the exception must be recorded and open to public inspection. If a resolution is adopted by a governing body to waive competitive bidding requirements under (b) of this subsection, the resolution must recite the factual basis for the exception. This subsection (2)(a) does not apply in the event of an emergency. (b) If an emergency exists, the person or persons designated by the governing body of the municipality to act in the event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the governing body or its designee and duly entered of record no later than two weeks following the award of the contract. (3) For purposes of this section "emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. [1998 c278 S 1.] J7 http://apps.leg. wa.gov/RCW I default.aspx?cite= 39.04.280 2/8/2007 MEMORANDUM TO: Jim Morrow ~7__,7 FROM: Ryan Larson /y-- DATE: February 7, 2007 SUBJECT: Emergency Storm Pipe Repair at 12800 Block of 35th Ave. S. City maintenance crews discovered a large sinkhole on 35th Ave. S just south of S. l28th. The sinkhole resulted from a failed 18" storm water pipe beneath the roadway conveying Riverton Creek. The hole is approximately 6' deep and there is an exposed sewer pipe and gas main visible. To protect the public, large steel plates have been placed covering the hole and the roadway has been closed in the immediate area. The failed culvert drains a section of Riverton Creek and during heavy rain events the culvert surcharges. It my determination that this culvert should be replace as soon as possible to prevent further damage to the roadway and utilities and the potential for downstream flooding and substantial creek erosion. I have contacted the Department of Fish and Wildlife and they have issued an Emergency Hydraulic Project Approval that authorizes the City to repair this culvert. I have also contacted several contractors from the City's Small Works Roster and expect two bids from firms that can do this work on short notice. RCW 39.04.280(1)(C) specifically authorizes a municipality to waive competitive bidding requirements for purchases "in the event of an emergency." In such a situation, the person designated by the governing body to act in the event of and emergency may declare that an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the City to address the emergency. If a contract is awarded without competitive bidding due to an emergency, written findings of the existence of an emergency must be made by the governing body or its designee and entered into its record no later than two weeks following the contract's award. To document for the record your decision that this failed culvert and resulting sinkhole constitutes and emergency situation and bypass the competitive bidding requirements, please sign the below authorizing me to proceed with this repair on an emergency basis: Approved by: 2. 'T/CI irector Public Works /8 Emergency Storm Pipe Repair at 12800 Block of 35th Avenue South Photo Emergency Storm Pipe Repair at 12800 Block of 35th Avenue South Photo 35th Avenue South Emergency pipe repair Vicinity Map Attachment III.D. INFORMATION :MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ February 7, 2007 3SU' Ave. South Emerf!ency Pipe Repair Short Form Contract ISSUE Approve the short form contract for the emergency pipe repair at 35th Ave. South. BACKGROUND City maintenance crews discovered a large sinkhole on 35th Ave. South just south of South 128th Street. The sinkhole resulted from a failed 18" storm water pipe beneath the roadway that conveys Riverton Creek. The hole is approximately 6' deep and there is an exposed sewer pipe and gas main visible. To protect the public, steel plates were placed over the hole and the roadway was closed in the immediate area. ACTION TAKEN It was determined that the pipe should be replaced as soon as possible under an emergency contract to prevent further damage to the roadway and utilities and the potential for downstream flooding and substantial creek erosion. Affected utilities were notified of the damage and emergency utility locates were done. The Department of Fish and Wildlife was consulted and an Emergency Hydraulic Project Approval was obtained. A permanent repair will require replacing the existing 18" clay pipe with a 24" CPEP for the entire roadway crossing length of approximately 80'. Since the crossing is an active stream, bypass pumping will be required while the work is taking place. The City's Small Works Roster was used to solicit bids for this repair. Three quotes were received with the lowest from R. L. Alia Company for $38,105 plus tax. This amount is within the available budget for the Annual Neighborhood Drainage Program (page 139 of 2007 CIP). Work is scheduled to begin Monday, February 12. RECOM:MENDATION Approve short form contract with R. L. Alia Company for $41,458.24 including Washington state sales tax for the emergency pipe repair at 35th Ave. South. RL:ad attachment: Short Form Contract (P,Projects\A- DR Projects\01DR02 \Info Memo 35" Ave S Eme<gCD..-Y Pipe !<<pili) 23 CITY OF TUKWILA Short Form Contract ContractorNendorName: R. L. Alia Comnany Address: 107 Williams Ave. South Renton. WA 98055 Project No. 07-DR02 Budget Item No.: 412.02.594.383.63.09 Project Name: 35th Ave. South Emerl!encv Pine Renair Telephone: (425) 226-6100 PLEASE INITIAL ALL ATTACHMENTS, THEN SIGN AND RETURN COPIES ONE AND TWO TO CITY OF TUKWILA, PUBLIC WORKS DEPARTMENT, 6300 SOUTHCENTER BOULEVARD, SUITE 100, TUKWILA, WASHINGTON 98188. RETAIN COPY THREE FOR YOUR RECORDS UNTIL A FULLY EXECUTED COPY IS RETURNED TO YOu. AGREEMENT This agreement, made and entered into this day of February 2007, by and between the City of Tukwila, hereinafter called the City, and R. L Alia Company, hereinafter called the Contractor. The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment and disposal of all materials necessary to replace the existing 18" storm water pipe from the existing upstream manhole to the outfall in the creek. The pipe is located 70' south of the intersection of South 128th Street and 35th Ave. South. The project shall include the following elements: 1) Mobilize equipment 2) Bypass of existing creek 3) Coordinate with affected utilities 4) Remove and replace 18" pipe with 24" CPEP (Rancor or approved equal) matching the existing flow line 5) Enlarge hole at vault to accept larger pipe size 6) Bed and backfill pipe 7) Armor outfall 8) Sawcut ashpalt 9) Grade and pave roadway 10) Demobilize equipment 11) Comply with provisions of the Emergency HPA issued by the Washington State Department of Fisheries 2. TIME OF COMPLETION The work shall be commenced upon written Notice to Proceed and be completed within 10 working days, including final cleanup and restoration. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work the lump sum of: $41,458.24 which includes applicable Washington state sales tax. 4. PAYMENTS The City shall make payments on account of the contract as follows: upon completion, minus 5% retainage. Retainage will be released immediately following acceptance of all cleanup and final work. 2tf 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due after completion of the work, provided the contract is fully performed and accepted. 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement, and attached HP A. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefor. The documents are to be considered as one, and whatever is called for by any one of the documents shall be binding as if called for by all. The Contractor is responsible for all surveying and measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of high quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Survey, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. E. Access to Work The Contractor shall permit and facilitate observation ofthe work by the City and its agents and public authorities at all times. F. Changes in the Work The City may order changes in the work, the contract sum being adjusted by mutual agreement accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correction of Work The Contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 25 H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the Contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of [mishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 1. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with with carriers satisfactory to the City, in the following amounts: $50,000 $500,000 $1,000,000 property damage public liability (each person) public liability ( each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance with this Agreement routed for City approvals and within 30 days notice prior to cancellation. K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract in a form acceptable to the City. L. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. N. Attorneys Fees and Costs In the event oflegal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. O. Cleaning Up The Contractor shall keep the premises free from accumulation of waste and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials, and leave the site clean. P. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the 26 obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by the paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Q. Prevailing Wages The Contractor shall pay all laborers. workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. W. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis ofrace, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR CITY OF TUKWILA By: By: TITLE: TITLE: DATE: DATE: ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 27 RCW 77.55.021 (8) - Appeal Pursuant to Chapter 34.05 RCW RCW 77.55.100 - Appeal pursuant to Chapter 34.05 RCW RCW 77.55.021(8) - Appeal Pursuant to Chapter 34.05 RCW North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 :-- . .~. Washington }-' Department of ~- FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL Issue Date: February 06, 2007 Project Expiration Date: March 07, 2007 Control Number: FPAlPublic Notice #: 108054-1 N/A PERMITTEE Tukwila City of Department of Public Works ATTENTION: Ryan Larson 6300 Southcenter Boulevard Tukwila, WA 98188-2545 206-433-0179 AUTHORIZED AGENT OR CONTRACTOR Project Name: Project Description: Emergency culvert replacement 35th Ave S/S 128th Replace a brokenXinch culvert with a...35inch on Riverton Creek /8 .-~ z. tf PROVISIONS 1. Culvert replacement shall occur only between February 6 and March 7, 2007. 2. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 3. Large woody material in the stream system may be relocated as necessary to perform the project, but shall not be removed from the watercourse; anchoring it is allowed and recommended. 4. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 5. Prior to starting work, the selected erosion control methods (Provision 4) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. 6. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 7. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 2g Page 1 of 4 RCW 77.55.021 (8) - Appeal Pursuant to Chapter 34.05 RCW RCW 77.55.100 - Appeal pursuant to Chapter 34.05 RCW RCW 77.55.021(8) - Appeal Pursuant to Chapter 34.05 RCW North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 '~~'i!' Washington &it.'. ..... Department of ~ no. FISH and ~. WilDLIFE HYDRAULIC PROJECT APPROVAL Issue Date: February 06, 2007 Project Expiration Date: March 07, 2007 Control Number: FPAlPublic Notice #: 108054-1 N/A 8. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 9. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. PROJECT LOCATIONS Location #1 Replace culvert WORK START: February 06, 2007 WRIA: Waterbody: IWORK END: March 07, 2007 Tributary to: 09.0001 Duwamish River/Green River Elliott Bay 1/4 SEC: Section: Township: Range: latitude: longitude: County: NW 1/4 15 23 N 04 E N 47.48859 W 122.28847 King location #1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. Page 2 of 4 2t:t RCW 77.55.021 (8) - Appeal Pursuant to Chapter 34.05 RCW RCW 77.55.100 - Appeal pursuant to Chapter 34.05 RCW RCW 77.55.021(8) - Appeal Pursuant to Chapter 34.05 RCW North Puget Sound 16018 Mill Creek Boulevard Mill Creek. WA 98012-1296 (425) 775-1311 ~i[it., Washington .~. .' Department of ~ ~. FISH and ~-c_~. WILDLIFE HYDRAULIC PROJECT APPROVAL Issue Date: February 06, 2007 Project Expiration Date: March 07, 2007 Control Number: FPNPublic Notice #: 108054-1 N/A All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77 .55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER. that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141,77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141,77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in 30 Page30f4 RCW 77.55.021 (8) - Appeal Pursuant to Chapter 34.05 RCW RCW 77.55.100 - Appeal pursuant to Chapter 34.05 RCW RCW 77.55.021 (8) - Appeal Pursuant to Chapter 34.05 RCW North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 ~.~t:.. Washington "r" ~ Department of ~~. "~. . FISH and ~"" .:~ WilDLIFE -" HYDRAULIC PROJECT APPROVAL Issue Date: February 06, 2007 Project Expiration Date: March 07, 2007 Control Number: FPNPublic Notice #: 108054-1 N/A accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P3 Habitat Biologist Larry Fisher 425-649-7042 --/.. _ _ rr-/ . ~o i!___~ for Director WDFW CC: Page 4 of 4 31 From: To: Date: Subject: "Larry Fisher" <fisheldf@DFW.WA.GOV> <rlarson@ci.tukwila.wa.us> 02/06/20075:04 pm Re: Broken Pipe - 35th Ave S. Ryan: That is an error on my part, but the City should go ahead as planned. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Ryan Larson" <rlarson@cLtukwila.wa.us> 02/06/07 2:26 PM >>> Larry, HPA says replace 24" with 36". We had planned on replacing an existing 18" with a 24". I am not sure if the HPA has a typo or if you want a 36" put back. Please advise. Thanks - Ryan >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 02/06/2007 1 :23 pm >>> Ryan: The HPA is attached. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Ryan Larson" <rlarson@cLtukwila.wa.us> 02/06/07 9:57 AM >>> Larry, I received a call this morning from our Surface water crew that a pipe under 35th Ave. S. is broken and causing a sinkhole in the roadway shoulder. I reviewed the site and the pipe under the roadway will need to be replaced as an emergency contract. We have started this process by calling the locate numbers and are in the process of finding a contractor to perform the work hopefully starting tomorrow. I am hoping you can give us an emergency HPA to perform this work. I can meet with you onsite if you like. I am inclosing a few photos I took but they are hard to see. Here are the site specifics: Location: Just south of the 35th Ave S./S. 128th Intersection Pipe size: 18" (to be replace with a 24") 32 Attachment III.E. FOURTH QUARTERlYEAR END REPORT TO COUNCIL October 1 - December 31,2006 Prepared for Transportation Committee PUBLIC WORKS DEPARTMENT 2006 YEAR END SUMMARY The Allentown/Foster Point Phase II Water & Sewer Improvement Project was under construction during 2006. As of the fourth quarter, all of the new water and sewer mains have been installed. The entire project is scheduled to be completed by the second quarter of 2007. In 2006, there were two Green River Flood Stage III incidents, one in January and the second in November, which required activation of the Emergency Operations Center (EOC) and 24-hour inspection and monitoring of the riverbanks and levees. At both times, there were only minor, localized flooding. 4th QUARTER SIGNIFICANT ISSUES From November 6 through November 13, the Green River reached Flood Stage III. The City activated its EOC and had two-person teams walking the Green River levee and riverbanks on a 24-hour basis. The City incurred only minor, localized flooding. The most significant event was a Metro Sewer line blockage that caused a severe backup into Tukwila's sewer main. The backup was caused in part by storm water runoff from SeaTac's Third Runway Project being dumped into the sewer lines. On December 13 and 14, a severe windstorm hit the City causing a citywide power outage. The majority of power was restored within three days, but some areas still were without power for up to seven days. Debris cleanup continued through the end of December. No storm-related injuries were reported within the City. Public Works teams, augmented with Parks and Recreational personnel, reopened 17 streets, replaced two-dozen traffic signs, and kept 20 key intersections operating. City operations were restored within three days. All of the new water and sewer mains are completed in the Allentown/Foster Point Water & Sewer Improvements Project and the project will be completed by the second quarter of 2007. The 2006 Overlay Program was substantially completed. BUDGET PROGRAM GOALS Public Works Administration 1. Establish a Local Improvement District for the purpose of fundinq the Tukwila Urban Access Proiect at Klickitat and Southcenter Parkway: Reviewed draft Special Benefit Study which is required prior to forming the LID. LID process review and formation hearings will be scheduled for early 2007. 2. Evaluate future qrant fundinq options available and propose a course of action to fund transportation proiects: Goal met. Tukwila received a $5 million grant from the State's Transportation Improvement Board for construction of the Klickitat Project. 3. Evaluate the City's Emerqency Manaqement Plan usinq the National Emerqency Manaqement Accreditation Proqram Standard as the quideline: Ongoing effort. Project slowed due to a lack of full-time staff. 4. Provide quarterly reports on emerqency manaqement issues: Goal met. All key personnel received 15-100 and 15-200 training as required by NIMS. 5. Hold quarterly community workshops: Goal met. Business Services 1. Create a more effective. cost-efficient department - proiectinq and monitorinq department costs; seekinq more cost-effective purchasinq aqreements with vendors; preparinq the department's operation. maintenance and capital facilities budqet usinq a "needs-basis" approach: Goal met. 33 2005 Fourth Quarter Report to Council Prepared for Transportation Committee Page 2 Public Works eliminated a mid-level management position in order to provide an additional fleet technician. Despite rising costs and an increase in the amount of infrastructure, majority of operational and maintenance goals were met. 2. Review "rate model" for establishinq appropriate rates for water. sewer and surface water enterprise funds: Ongoing effort. Maintenance Administration 1. Create and implement an Operations Standby and Emerqency Responsibilities Plan: Received additional safety gear and implemented a logistics plan for high river and flood levels. 2. Analyze operational and standby needs for expansion of shop facilities: Assembled preliminary comparables from other agencies and added a new page in the CIP. 3. Implement recurrent technical traininq and operational safety proqrams to maintain employee certification levels: Completed 2006 training. 4. Implementation of maintenance trackinq system for transmittinq billinq costs and streamlininq ways of doinq business: Tracking all billable work orders. Engineering Administration 1. Update standardized contractinq procedure for construction and repair proiects: Ongoing. Continued the expansion of the use of "cost-loaded network system" for better construction contract management - it will be used on the Klickitat, TIB Phase II/III and Southcenter Parkway Extension projects. 2. Implement new transportation mitiqation fee svstem: Retained consultant to update the traffic model and update the mitigation and study fees. The model will be updated annually. 3. Create and implement a staff GPS data qatherinq plan, to supplement inventory contracted under the Sewer and Surface Water Enterprise Funds (see CIP): Purchased GPS equipment. Created and implemented supplemental GPS data gathering plan. Development General: 1. Improve the turn-around time for permit review and approval: All goals for permit review and approvals are being met. 2. Work with and support DCD to improve permit processes: Goal met, effort continues. Performance: 1. Zero backloqs of permits waitinq for more than 30 days to be reviewed: Goal being met. 2. Permits for sinqle-family residences issued within 30 days: Goal being met. Facility Maintenance General: 1. Implement standardized recurrinq maintenance service contracts: Reviewed but no action taken this year. 2. Develop a preliminary business plan for facility maintenance: Implemented stronger record keeping methods and databases for work orders and inventory. Performance: 1. Advertise and award 90% of active 303 Proiects no later than June 1st: The fire station women's bathroom was delayed until fall. 2. Reduce facility maintenance costs by 10% throuqh efficiencies: Being Implemented. 3. Develop and implement a custodial satisfaction survey and performance qoals: No action this year. Street Maintenance/General Admin General: 1. Participate in pavement manaqement for the multi-year street overlay proqram: Year 2006 design completed. 3tJ. 2005 Fourth Quarter Report to Council Prepared for Transportation Committee Page 3 Performance: 1. Repair City-owned streetliqhts within 72 hours. For Seattle City LiqhtlPuqet Sound Enemy streetliqhts. report within 24 hours: Goal being met. 2. Correct all traffic siqnal problems within 24 hours: Goal being met. 3. Perform quarterly preventative maintenance on all City owned traffic siqnals: Goal being met. 4. Evaluate reflectivity of all siqns once a year: Goal being met. 5. City street cleaninq: Goal being met. + Residential........ ... ............. .................. .. ................100% of the streets, twice a year + Arterial residential and commercial/industrial roads:.......6x/year + Arterial commercial/industrial roads........................... .8x/year 6. Potholes shall be repaired within 48 hours of notification: Goal being met. Residential Streets - General Engineering 1. Prioritize, budqet. and schedule list of residential street improvement proiects for inclusion into the City's Capital Improvement Proqram: Annual update completed. 2. Annual update of pavement manaqement system: Annual update completed. 3. Continue with implementation of citywide Neiqhborhood Traffic Calminq Proqram: South 160th St issue was brought forward to Transportation Committee and resolved. Due to other priorities, remaining neighborhood studies are being reprioritized. Bridges & Streets - General Engineering 1. Complete construction of Phase II & III of Tukwila International Blvd. Improvement Proiect: WSDOT approved environmental documents, right-of-way acquisition began. Final design put on hold pending undergrounding decision to bring project cost estimate within available budget. 2. Complete construction of Traffic Siqnallnterconnect Phase I: Design completed and WSDOT approved. Advertised for bids and awarded contract. Construction will begin in 2007. Equipment Rental 1. Evaluate staffinq levels to meet customer needs and chanqes in fleet operations: Completed, an additional fleet technician was added in 2006 to replace Internal Operations Manager position. 2. Use monthly maintenance manaqement trackinq reports to recommend a 10% reduction in fleet maintenance costs: Better tracking and managing of fuel usage on each vehicle. Performance: 1. Complete 85% of the 2006 budqet capital equipment purchases by June 30th: Completed. 2. Return 100% of vehicles for preventive maintenance and checkup within the 30-day timeframe: Expectations met with the additional mechanic. 3. Keep 90% of safety vehicles (police and fire) available for use: Goal met. 35