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HomeMy WebLinkAboutCOW 2009-02-23 COMPLETE AGENDA PACKET TI kwita City Council Agenda COMMITTEE OF THE WHOLE 4o Jim Haggerton, Mayor Councilmembers. Joe Duffie •i• Pamela Linder Rhonda Berry, CityAdministrator Dennis Robertson 4- Verna Griffin I Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn f Monday, February 23, 2009, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Tukwila Fire Explorers 2. SPECIAL a. 2008 Year -End Report; PRESENTATIONS Nancy Damon, South west King CountyChamberofCommerce. b. Lake -to -Sound Trail Presentation; Bruce Fletcher, Parks &Recreation Director and Ryan Abbotts, Parametrix, 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item 1 fisted on this agenda, please save your comments until the issue is presented for discussion. 4. PUBLIC An ordinance vacating a portion of right -of -way along 13911 Tukwila Pg.1 HEARINGS International Boulevard. 5. SPECIAL a. An ordinance vacating a portion of right -of -way along 13911 Tukwila Pg.1 ISSUES International Boulevard. b. An ordinance renewing a Sign Code Moratorium. Pg.17 c. An amendment to the Interlocal Agreement for Conservation Futures for Pg.27 Duwamish Gardens. d. Anagreement for the Riverton Creek Fla Gate project. P P J P g .37 e. An ordinance renewing a franchise with Time Warner. Pg.67 f. 2008 Winter Storm After- Action Review. Pg.93 6. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800tTDD 206 248 -2933. This notice is available at www.ci.tu.kwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. CAS NUMBER: 09-024 Meeting Date 02/23/09 03/02/09 09- D2- Mtg Date 02/23/09 Mtg Date Mtg Data COUNCIL AGENDA SYNOPSIS Prepared (b j .jI11tZa�I Mayor's review 3M ITEM. INFORMATION ORIGINAL AGENDA DATE: FEBRUARY 23, 2009 AGENDA ITEM TITLE Ordinance for Street Vacation at 13911 Tukwila International Blvd Mtg Date 03/02/09 Mtg Date Discussion Motion Resolution Ordinance Bid Award Public Heanng Other CATEGORY SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R 1 I Police PW SPONSOR'S SUMMARY Mtg Date 2/23/09 Mtg Date Petitioner, 139 LLC, provided a complete request for a street vacation of the property abutting 13911 Tukwila International Boulevard and a comprehensive appraisal. Council set a Public Hearing date of February 23, 2009 per Resolution 1678. Notices were mailed and no written objections have been received. Compensation per the fair market value appraisal to the City is $25,000.00. Council is being asked to approve the ordinance. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 01/20/09 2/17/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMM TTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED $0.00 EXPENDITURE REQUIRED $0.00 Fund Source: COMPENSATION IN THE AMOUNT OF $25,000.00 Comments: MTG.=DATE 01/26/09 02/02/09 02/23/09 03/02/09 MTG. -DATE 02/23/09 RECORD OF COUNCIL ACTION Discussion on Resolution setting a Public Hearing date Resolution 1678 setting a Public Hearing date of 2/23/09 IT:EmNo. Transportation Cmte Planning Comm. APPROPRIATION REQUIRED $0.00 ATTACHMENTS Informational Memorandum dated 02/17/09 (revised after TC) Draft Ordinance with Exhibit A Map Vicinity Map Petition for Vacation of Street 3.40.71 with Right -of Way Exhibit Resolution 1678, setting a Public Hearing date of 2/23/09 Minutes from the Transportation Committee meeting of 01/20/09 02/17/09 City of Tukwila TO: Mayor Jim Haggerton Transportation Committee FROM: Public Works Director,1'� DATE: February 17, 2009 cU.) INFORMATIONAL MEMORANDUM SUBJECT: 13911 Tukwila International Boulevard Street Vacation File Number 3,40.71 ISSUE Ordinance vacating a portion of the street at 13911 Tukwila International Boulevard. BACKGROUND Jim Haggerton, Mayor Petitioner, 139 LLC, provided a complete request for a street vacation of the property abutting 13911 Tukwila International Blvd and a comprehensive appraisal (139 LLC is the only abutting property owner). On February 2, 2009 the Council passed Resolution 1678 setting a public hearing date of February 23, 2009. Public Works sent notices to all utilities and all property owners within 500' of the property proposed for vacation. The City received no written objections to the vacation. The ordinance defines the condition for the vacation. The condition is compensation to the City in the amount of $25,000.00, based on the fair market value appraisal. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the February 23, 2009 Committee of the Whole meeting and subsequent March 2, 2009 Regular Meeting. attachments: Ordinance with Exhibit A Map CityGIS map Petition for Vacation of Streets 3.40.71 Right-of-Way Vacation Exhibit Resolution No. 1678, setting Public Hearing date of 2/23/09 P:ISTREET VACATIONS13.40.71 13911 TIBVnfo memo ordinance 021709.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 128 FEET BY 10 FEET LOCATED ALONG 13911 TUKWILA INTERNATIONAL BOULEVARD; AMENDING THE OFFICIAL STREET MAP OF THE CII Y; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE. WHEREAS, on December 30, 2008, the Public Works Department deemed the Petition for Vacation complete; and WHEREAS, Section 11.60 of the Tukwila Municipal Code identifies street vacation procedures, including public notification, a public hearing, review and comment, and submittal of relevant information to City Council, all of which have been accomplished; and WHEREAS, no utilities exist in the right -of -way proposed for vacation, and WHEREAS, the Tukwila City Council conducted a public hearing on February 23, 2009 for the purpose of considering the vacation of certain property located in the City of Tukwila, as described above; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to conditions identified in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Property Vacated. A. The following property located in the City of Tukwila is hereby vacated. Tukwila International Boulevard, a ten foot -wide right -of -way, approximately 128 feet long along 13911 Tukwila International Boulevard, as shown on Exhibit A, attached hereto. B. This vacation is conditioned upon receipt of compensation to the City of $25,000.00 by May 31, 2009. Section 2. Record of Certified Copy. The City Clerk's Office is hereby directed to record a certified copy of this ordinance with King County, upon determination by the Finance Director that the conditions referenced above have been satisfied. Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the ordinance, the City Public Works Director shall amend the City's official street map to be consistent with this ordinance. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such C. \Documents and Settings\AII Users \Desktop \Kelly \MSDATA \Ordinances \TIB Street Vacation.doc ksn 2/18/2009 Page 1 of 2 invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of 2009 ATTEST AUTHE\ITICATE D: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Attachment: Exhibit A Map Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number C. \Documents and Set`ungs\All Users \Desktop \Kelly \MSDATA \Ordinances \TIB Street Vacation_doc ksn 2/18/2009 Page 2 of 2 Scale. Horizontal 'C ENC Designed 1 =60' Vertical N88' 1 1'40 "E 23 61' 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES 1 Drown PCW 575'30'40"W 10.00' N87'50'26 'W 109.99' 139 LLC 50' AREA OF RIGHT -OF -WAY VACATION CONTAINS 1272± SQUARE FEET Title: RIGHT-OF-WAY EXHIBIT A 50 Job Number 13335 Sheet VACATION EXHIBIT 1 of 1 1 Checked W1 W 1 Aoproved WRW I Date 07717 -08 t 89 ft CiiyGIS Copyright 02008 All Rights Reserved The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products AERIAL PHOTO MAP TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) 2. The names and addresses of ALL property owners abutting on the property to follows: (do not include City-owned property) Owner Name Property Address {print) 13911 TUKWILA INTERNATIONAL BOULEVARD 3. Petitioner signatures. Only owners of property abutting the street to be vacated the petition to be valid, the signers must account for at least 2/3 of the property, the right -of -way: (do not include City -owned property) Owner Name Property Address (signature) 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. Qr Lct c; e W F{ 1 C_ DATE RECEIPT NO. CLERK SIGNATURE Y21 \5 C% -6 %1 PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 1 I I 3.4071 be vacated are as Total frontage (feet) may petition. For by length, abutting Total frontage (feet) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 128 FEET BY 10 FEET ALONG 13911 TUKWILA INTERNATIONAL BOULEVARD. WHEREAS, the property owner abutting the right -of -way has petitioned the City to vacate a portion of Tukwila International Boulevard, and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon the vacation of a portion of Tukwila International Boulevard, adjacent to 13911 Tukwila International Boulevard, shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on February 23, 2009, which is not less than 20, nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right -of -way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the date set for heanng. PASSED BY THE CITY COUNCIL OF ,T,HE fITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this L� rck day of F0 ht Uf 2009. J Joan Hernandez, Council President ATTEST UTHENTICATEED: Christy O'Flalierty, CMC, Cray Clerk City of Tukwila Washington Resolution No. 1678 BY: Filed with the City Clerk. i' Passed by the City Council. l--- 9 Resolution Number: 1 6' q Transportation Committee Minutes January 20, 2009 Paoe 2 E. Tukwila International Boulevard Phase II and III Construction Management Support Supplemental Agreement #7 Staff is seeking full Council approval to enter into Supplemental Agreement #7 with KPG, Inc. m the amount of $385,000 to provide construction management support for Tukwila International Boulevard Phases II and II. The services provided by the supplemental agreement will complement the construction management services that will be provided by Harris Associates (above) and the City. KPG was the design consultant for TIB Phase II and III from South 116 Street to South 139 Street, and their presence providing engineering support during the construction phase will be an essential element to the management team. Additionally, KPG will be handling the material testing required by WSDOT. UNANIMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION. F. Tukwila International Boulevard Phase II and III Construction Management Trailer Purchase Staff is seeking full Council approval to purchase a field office trailer in the amount of $30,000 for on -site construction management of the TIB Phase II and III project. Large construction projects require a field office trailer for on -site construction management. Usually, the trailer is rented as outlined in a construction contract, returned when the project is completed, and rented again with each project that requires a field office. Given the almost two -year construction time frame for TIB Phase II and III as well as other upcoming projects, it is more cost effective for the City to purchase a trailer. Leases are estimated to cost approximately 4% of the purchase pnce per month. The trailer is anticipated to last 10 -15 years, and will pay for itself within five years. The trailer can also be utilized as an infield command post in an emergency situation. Liability for the trailer will be covered within the City's self insured coverage with WCIA. UNANLMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION. G. Street Vacation at 13911 Tukwila International Boulevard Staff is seeking Council approval of a resolution setting a public hearing date of February 23, 2009 for a 128 foot street vacation along 13911 Tukwila International Boulevard. The street vacation is being requested by the only abutting property owner located at 13911 Tukwila International Boulevard. UNANIMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:16 p.m. Next meeting: Monday, February 2, 2009 5:00 p.m. Conference Room 1 Committee Chair Approval Minutes by KAM. Reviewed by GL. TRANSPORTATION COM1IVIITTEE Meeting Minutes February 17, 2009 5:00 p.m. Conference Room 1 rues !leeiita Due to Holidav PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Gnffm Staff: Jim Morrow, Gail Labanara, Jon Harrison, Jack Pace and Kimberly Mate Guest: Chuck Parrish CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5.15 p.m. I. PRESENTATIONS No presentations. City of Tukwila Transportation Committee II. BUSINESS AGENDA A. 13911 Tukwila International Boulevard Street Vacation Ordinance Staff is seeking full Council approval of an ordinance vacating approximately 128 feet along 13911 Tukwila International Boulevard. To date, the City has received no objections to the street vacation. A public hearing for the matter is scheduled for February 23, 2009. The street vacation is being requested by the property owner located at 13911 Tukwila International Boulevard. The City will receive 825,000 for the property, based on fair market value appraisal. These momes will return to the City's General Fund. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSSION. B. 2008 4 Ouarter Report The Committee reviewed the status of program goals as outlined in the 2008 4 Quarter Report, and asked clanfying questions as appropnate. Public Works Administration 1. Review the Local Improvement District... (page 7 of Committee agenda packet) Staff reported that the final offer has been made on the last piece of property. Street Maintenance /General Admin General: 1. Pavement management program... (page 8 of Committee agenda packet.) Committee members are aware that while City staff was able to complete all items budgeted for the 2008 Overlay Program, not all needs were budgeted. Overlay needs run in excess of 53 million over our budget program amount. PFORMATION ONLY. III. MISCELLANEOUS Committee Member Robertson reported on the South County Area Transportation Board (SCA'1 meeting he attended today which include information on the tunnel update and a loss of car -to -car capacity. He mentioned that the City of Seattle will be looking at other revenue sources for the tunnel construction. Revenue sources could include, but would not be limited to re- implementation of the motor vehicle excise tax or tolling. Committee Member Robertson recommends that the City take a position on motor vehicle tax, but not on tunnel construction. This issue will be brought up under reports by one of the Committee Members at a future Council meeting. Committee Chair Quinn inquired about House Bill 1490 (companion in Senate 5687) which recently received some negative press in a Seattle Times article. Jack Pace explained the bill further, stating staff is aware of the CAS NUMBER 09-025 MTG. DATE 2/23/09 Discussion Motion lIt; Date 02/23/09 !lltg Date COUNCIL AGENDA SYNOPSIS ITEM INFORMATION Initials rbleetuta Date Prepared by tblay9r'.r review Council review 02/23/09 BM 1 03/02/09 BM 1 I ORIGINAL AGENDA DATE. FEBRUARY 23, 2009 Ac;l,ND.\ Iiv.mTriu Renewing the City's Moratorium on the installation of certain types of signage. Resolution Ordinance n Bid Award Public Hearing Other Mtg Date bItg Date 03/02/09 lltg Date RECORD OF COUNCIL ACTION ITEM No. dltg Date 03/02/09 ill 2 Date SPONSOR I Council Mayor Adm Svcs DCD Finance Fire Legal I I P &R n Police PW SPONSOR'S On October 6, 2008 the City Council adopted Ordinance 2208 which established a 180 -day SUMMA R) moratorium on the installation of certain signage types within the City. The sign types included billboards, freeway interchange signs, dynamic signs, and freestanding signs taller than six feet. The moratorium will expire in April and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180 -days. RI v ;WIT) BY COW Mtg. CA&P Cmte (J F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planiung Comm. DA IL: 2/9/09 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI .,N DrI'URI i REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments N/A MTG, DATE 1 ATTACHMENTS 02/23/09 Informational Memorandum dated February 17, 2009 Ordinance in Draft Form Ordinance #2208 Minutes from the Community Affairs and Parks Committee meeting of 2/9/09 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM FROM: DATE: SUBJECT: Mayor Haggerton Committee of the Whole \. Jack Pace, DCD Directo},\~. \ \~ February 17, 2009 \) Renewal of Sign Code Moratorium TO: ISSUE The moratorium that the City has in place regarding the placement of certain signage types will expire in early April. DCD staff is requesting that the moratorium be renewed and extended an additional six months to allow sufficient time to complete the sign code update. BACKGROUND In the fall of 2008, DCD staff realized that Sign Committee recommendations may conflict with the existing sign code. In October of 2008, the City Council adopted a moratorium on the installation of certain sign types within the City. The following sign types were covered under the moratorium: 1. Animated and electronic signs 2. Freestanding signs taller than six feet. 3. Freeway Interchange Signs. 4. Billboards Throughout the past year, the City has been working extensively to write a new sign code. During the summer, the Sign Code Advisory Committee met a total of six times to review the various issues associated with sign regulations. On January 29, 2009, the City Council and Planning Commission were briefed on the recommendations of the Sign Code Advisory Committee. These recommendations included new standards for freestanding signs and prohibiting certain types of signage that is currently allowed under the existing sign code. The current moratorium is set to expire on April 4, 2009 and the new sign code will likely not be ready for adoption until the end of summer. The Community Affairs & Parks Committee was briefed on the proposed renewal at their February 9, 2009 meeting. The Committee was supportive of the renewal and forwarded the matter to full Council for consideration. ANALYSIS DCD noted the complexities associated with dealing with non-conforming signs at the joint meeting. The new sign code will render dozens of existing signs non-conforming and DCD staff is hoping to work with these property and business owners to reduce the impacts of the new code. The moratorium has prevented the installation of new signs that may be rendered non- conforming when the new sign code is adopted and for this reason should be renewed. RECOMMENDATION The Council is being asked to approve the ordinance renewing the moratorium an additional six months. The Ordinance has been scheduled for public hearing on March 2, 2009 and adoption could occur on that date. ATTACHMENTS A: Ordinance in Draft Form B: Minutes from February 9,2009 CAP Meeting DRJl\FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMEf\T'f, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NO. 2208; PROVIDING FOR SEVERABILITY; Ai\JD ESTABLISHING AN EFFECTIVE DATE. vVHEREAS, Title 19 of the Tukwila Municipal Code -- the Sign Code -- regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current sign code is out- dated and needs to be updated, in order to address the complexity of development issues within the City; and WHEREAS, the City desires to limit the number of signs that might be rendered nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by a staged amortization program; and WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165, establishing a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City; Ordinance No. 2170, passed July 2, 2007, adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180 and 2202; and expanded by Ordinance No. 2208; and WHEREAS, the City Council and Planning Commission were briefed on various sign code issues at a joint meeting on October 25, 2007; and WHEREAS, on February 4,2008 the City Council adopted Resolution 1656 which called for the creation of a Sign Code Advisory Committee to assist City staff in the creation of a new sign code; and vVHEREAS, since July of 2008 the Committee has met five times to discuss the various issues associated with the creation of a new sign code, and has developed recommendations to limit certain types of signage, in order to improve the visual appearance of the City; and WHEREAS, since January 29, 2009, the Planning Commission and the City Council were briefed on the recommendations of the Sign Code Advisory Committee. The recommendations, if included in the new sign code, will prohibit the installation of some sign types that are currently permitted within the City; and WHEREAS, the City has received and will continue to receive applications for a variety of signs that may conflict "With the City's update to Title 19 and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, on March 2, 2009, the City Council conducted a public hearing on the renewal of the moratorium; C:\Documents and Settings\A1l Use13\Desl..'1:op\Kelly\MSDA T A\Ordinances\Sign Code Moratorium.doc ksn 211912009 Page 1 on NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of tl1e Tukwila Municipal Code. Section 3. Moratorium Renewed. As established by Ordinance No. 2208, dated October 6, 2008, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re-erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TMC 19.08.030, any sign that displays a "Holographic Display" as defined under TMC 19.08.105, and any sign considered a "Scoreboard" under TIvlC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions-Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the limitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 19.08.100. Nothing in this moratorium shall be construed to prevent the maintenance of an existing freestanding sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions-Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply V\~th Title 19 of the Tukvvila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 19.32.140 (E) (2). Nothing in this moratorium shall be construed to prevent the maintenance of an existing freeway interchange sign, provided the maintenance is consistent with the limitations specified in TIvlC 19.12.050, "Exceptions-Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2208, dated October 6, 2008, is herebv repealed. Section 5. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of Findings of Fact. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of fue remaining portions of this ordinance or its application to any other person or situation. C:\Documents and Setting:s\AII Users\Desh.1:op\Kelly\lv1SDA T A\Ordinances\Sign Cede Moratorium.doc !Gn 2/1912009 Page 2 of3 Section 7. Effective Date. This ordinance or a summary thereof shall be published in the oHicial 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 TUKW1LA, WASHINGTON, at a Regular Meeting thereof this day of ,2009. ATTEST! AUTHENTICATED: Jim HaggertoTI, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORM BY: Office of the City Attorney C:\DocumenlS and Settings\AJI Users\Desk"1op\KellyiMSDA T A\Ordinances\Sign Code Moratcrium.doc ksn 2/1912009 Page 3 of3 City of Tukwila Washington Ordinance No. &c o b AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SIX -MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2165, 2170, 2180 AND 2202; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code the Sign Code regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current sign code is out- dated and needs to be updated, in order to address the complexity of development issues within the City; and WHEREAS, the City desires to limit the number of signs that might be rendered nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by a staged amortization program; and WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165, establishing a six -month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City, and that moratorium was renewed by Ordinance Nos. 2170, 2180 and 2202; and WHEREAS, the City Council and Planning Commission were briefed on various sign code issues at a joint meeting on October 25, 2007; and WHEREAS, on February 4, 2008 the City Council adopted Resolution 1656 which called for the creation of a Sign Code Advisory Committee to assist City staff in the creation of a new sign code; and WHEREAS, since July of 2008 the Committee has met five times to discuss the various issues associated with the creation of a new sign code, and has developed recommendations to limit certain types of signage, in order to improve the visual appearance of the City; and WHEREAS, the City has received and will continue to receive applications for a variety of signs that may conflict with the City's update to Title 19 and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City may adopt an emergency moratorium for a period of up to six months, providing it holds a public hearing on that moratorium within 60 days after its adoption; C:\Documents and Settings\All Users\ Desktop \Kelly \MSDATA \Ordinances \Sign Code Moratorium.doc Page 1 of 3 ksn 10/1/2008 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code. Section 3. Moratorium Imposed. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TMC 19.08.030, any sign that displays a "Holographic Display" as defined under TMC 19.08.105, and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the limitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 19.08.100. Nothing in this moratorium shall be construed to prevent the maintenance of an existing freestanding sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with Title 19 of the Tukwila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 19.32.140 (E)(2). Nothing in this moratorium shall be construed to prevent the maintenance of an existing freeway interchange sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2165 dated June 4, 2007, No. 2170 dated July 2, 2007, No. 2180 dated November 19, 2007, and No. 2202 dated May 19, 2008 are hereby repealed. Section 5. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 8 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of Findings of Fact. Section 6. Public Hearing to be Held. A public hearing on the issues of the moratorium shall be held not later than 60 days after the date of adoption of this ordinance. C:\Documents and Settings\All Users \Desktop\Kelly\MSDATA \Ordinances \Sign Code Moratorium.doc Page 2 of 3 ksn 10/1/2008 Section 7. 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 8. Emergency Declared Effective Date. The Tukwila City Council hereby declares an emergency, necessary for the protection of the public health, public safety, public property and public peace. This public emergency ordinance shall take effect and be in full force immediately upon adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the "Whereas" clauses above, all of which are adopted by reference as Findings of Fact as if fully set forth herein. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this In 41 day of l( I Q 2008. ATTEST/ AUTHENTICATED: 44 hristy O'Flaherty, CMC, City APPROVE Office BY: )4/f aggere/ ayor Filed with the City Clerk: /oe, Passed by the City Council: /dl(P ©v Published: /0 (Q /oS Effective Date: Jo 10104, Ordinance Number: 0?) C:\Documents and Settings\AII Users \Desktop\Kelly\MSDATA \Ordinances \Sign Code Moratorium.doc Page 3 of 3 ksn 10/1/2008 City of Tuhwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes February 9, 2009 - 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair (filling in for Verna Griffin); Joe Duffie and Kathy Hougady Staff: Jack Pace, Brandon Miles, Ryan Larson, Jim Morrow, Rhonda Berry and Kimberly Matej CALL TO ORDER: Council President Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. ll. BUSINESS AGENDA A. Renewal of Sign Code Moratorium The current moratorium on certain types of signage throughout the City (animated and electronic, free standing taller than six feet, freeway interchange signs and billboards) will expire in April 2009. "..... // Staff is requesting that the moratorium be extended for an additional 180 days ( 6 months) to allow ./f' for completion of the Sign Code update. The moratorium prevents new signs from being installed that may be in conflict with the updated code once it is complete. A public hearing, as required for this issue, is tentatively set for the March 2, 2009, Regular Council meeting. UNA1~IOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. B. Amendment to Interlocal Agreement for Conservation Futures for Duwamish Gardens Staff is seeking full Council approval for an amendment to the Conservation Futures Interlocal Agreement between King County and the City of Tukwila. This amendment will provide for two Conservation Fund Levy allocations for the Duwamish Gardens acquisition project. Once this amendment has been made, the City will be able to receive reimbursement through Conservation funding for the project totaling $700,000 for the 2007 and 2008 funding cycles. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. C. Riverton Flap Gate Removal Project - Consultant Selection Staff is seeking full Council approval to enter into a consultant agreement with Berger/ Abam Engineers, Inc. in the amount of $121,842.00 for the preliminary design of the Riverton Creek Flap Gate Removal Project. The City was previously awarded $72,500 in grant funding from the State of Washington Recreation and Conservation Office and the People for Puget Sound for project feasibility and preliminary design work. The additional money required for this consultant agreement will be funded though the City's 301 Fund. This project will improve fish access to the Creek by removing pipes and flap gates, providing an open water connection to the river and habitat improvements. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:38 p.m. Next meeting: Monday, February 23,2009- 5:00 p.m. - Conference Room #3 ~ Committee Chair Approval mutes by KAM. ReViewed by 8M and RL. CAS NUMBER: 09-026 SPONSOR'S SUMMARY MVleetine Date 02/23/09 03/02/09 O c► 0 �P CATEGORY Discussion Motion n Resolution Mtg Date 02/23/09 Mtg Date 03/02/09 Mtg Date SPONSOR Council ma Adm Svcs AGENDA ITEM TITLE Duwamish Gardens Conservation Futures Amendment with King County King County and the City of Tukwila entered into Interlocal Cooperation Agreement #92- 113 for the allocation of King County Conservation Futures for the acquisition of parks and open space. This amendment will include new funding of $700,000.00 for the acquisition of Duwamish Gardens. Council is being asked to approve the amendment to the interlocal agreement with King County to allocate additional funding for Duwamish Gardens. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utihties Cmte Arts Comm Parks Comm. DA1'B: 02/09/09 RECOMMENDATIONS: SPONSOR /ADMTN. Public Works GOND/HI ILE Unanimous Approval; Forward to Committee of the Whole :-COST IMPACT=/ FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 EXPENDITURE REQUIRED $0.00 Fund Source: 301 PARKS TRAILS (PAGE 67, 2009 CIP) Comments: MTG. DATE 02/23/09 03/02/09 MTG. DATE 02/23/09 03/02/09 COUNCIL AGENDA SYNOPSIS Inztialr Prepared by Mayor's review 7M M M INFORMATION Ordinance Mtg Date DCD Finance Council review 1ORIGINAL AGENDA DAIL. FEBRUARY 23, 2009 ECORD OF COUNCIL ACTION Bzd Award Public Hearing Other Mtg Date Mtg Date Mtg Date Fire El Legal P &R Police PW/ Transportation Cmte Planning Comm. TTACHMENTS Informational Memorandum dated 02/02/09 Funding Summary Amendment to the Conservation Futures Interlocal AG with King County Minutes from the Community Affairs Parks Committee meeting of 02/09/09 I�LMNO. City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Public Works Director TO: DATE: February 2, 2009 SUBJECT: Duwamish Gardens Project No. 06 -DRO2 Conservation Futures Amendment to Interlocal Agreement #92 -113 ISSUE Approve an amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Tukwila. BACKGROUND Jim Haggerton, Mayor King County and the City of Tukwila entered into Interlocal Agreement #92 -113, approved by the City Council on July 20, 1992, for the allocation of King County Conservation Futures funds to the City of Tukwila for the acquisition of parks and open space. This agreement has been amended as additional funds were allocated to the City. Analysis On December 24, 2008, the City acquired the Duwamish Gardens site and is now seeking grant reimbursement from the various funding sources (see attached grant funding summary). The City applied for and received $350,000.00 of Conservation Futures funding for both the 2007 and 2008 funding cycles for a total of $700,000.00. In order to receive this funding the original Interlocal Agreement will need to be amended to include the new funding. King County has prepared a standard amendment for City approval. RECOMMENDATION The Council is being asked to approve this Amendment to the Interlocal Cooperation Agreement with King County and consider this item at the February 23, 2009 Committee of the Whole Meeting and the subsequent March 2, 2009 Regular Meeting. attachments: Grant funding summary Interlocal Cooperation Agreement Amendment P:\PROJECTS\A- DR Projects\06 -DRO2 (Duwarrrsh Gardens) \InfoMemoDuw rrishlntertecal Arnendment2.doc Estimated Project Costs: Acquisition Phase Cost of Property Title and appraisal work (approximately $12k to $15k) Relocation (approximately $50k to $75k) Hazardous waste reports (approximately S 1 8k to S26k) Archeological investigations (approximately S1 Ok to S20k) Directly related staff, administration and legal costs (King County) (approximately S 12k to S 18k) Total Estimated Project Costs Funding Sources: Acquisition Salmon Recovery Funding Board WRIA 9 Kmg Conservation District grant City of Tukwila Conservation Futures 2007 Washington State Aquatic Lands Enhancement Account Grant King Conservation District grant (requested by WRIA 9 Forum) Conservation Futures 2008 `Washington State Capital Budget 2007- 2009 (ESHB 1092, Section 3175) Total: Funding Summary for Duwamish Gardens Acquisition February 4, 2009 Date Committed 2006 committed 2006 committed 2009 Budget 2007 committed 2007 committed 2007 committed 2008 committed 2008 committed Project funds can be used for acquisition, design, or construction. P:\PROJECTS\A- DR Projects \06 -DRO2 (Duwamish Gardens)\Funding Duwamish Gardens2- 4- 09.doc S1,979,405 15,000 75,000 26,000 20,000 18,000 $2,133,405 Match Funds Expended or Committed (Amount) $311,000 15,000 100,000 350,000 457,521 225,000 350,000 394,000 $2,202,521 Preamble AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF TUKWILA and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 25th day of August, 1992. The parties agree to the following amendments: Amendment 1: Article 1. Recitals Two paragraphs are hereby added to the Recitals Section to provide for two Conservation Futures Levy Fund allocations for the Tukwila Duwamish Gardens acquisition project, and hereafter reads: On November 22, 2006, the King County Council passed Ordinance 15652, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 9, 2007 the King County Council passed Ordinance 15711, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15652. On November 19, 2007, the King County Council passed Ordinance 15975, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 7, 2008 the King County Council passed Ordinance 16052, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15975. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment F, which lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment F, which lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through F to be used for the Projects listed in Attachments A through F. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through F. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. AMENDMENT 4: Attachment F The attachments to the interlocal agreement are hereby amended by adding Attachment F, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the tennls, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -2- This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY Ron Sims King County Executive Date: Acting under the authority of Ordinances 15711 and 16052 Approved as to form: Dan Satterberg King County Prosecuting Attorney Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -3- CITY OF TUKWILA Jim Haggerton Mayor, City of Tukwila Date Acting under the authority of Ordinance: Approved as to form: City Attorney ATTACHMENT F 2007 and 2008 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATIONS Jurisdiction Project Allocation Tukwila (2007) Duwamish Gardens 350,000 (Ordinance 15652) Tukwila (2008) Duwamish Gardens 350,000 (Ordinance 15975) TOTAL $700,000 Project Description: City of TUKWILA— Duwamish Gardens $700,000 The Duwamish Gardens project is a 2.16 -acre acquisition project located on the Duwamish River at East Marginal Way South in Tukwila. The goal of the project is to acquire the site and restore it in the future as intertidal salmon and aquatic species habitat, similar to the habitat restoration project done about a half mile downstream at the North Wind Weir site. This portion of the Duwamish is listed as the highest priority area for restoration in the WRIA 9 Habitat Plan. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes City of Tukwila Community Affairs and Parks Committee February 9, 2009 5:00 pan.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair (filling in for Verna Griffm); Joe Duffie and Kathy Hougady Staff: Jack Pace, Brandon Miles, Ryan Larson, Jim Morrow, Rhonda Berry and Kimberly Matej CALL TO ORDER: Council President Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Renewal of Sian Code Moratorium The current moratorium on certain types of signage throughout the City (animated and electronic, free standing taller than six feet, freeway interchange signs and billboards) will expire in April 2009. Staff is requesting that the moratorium be extended for an additional 180 days (6 months) to allow for completion of the Sign Code update. The moratorium prevents new signs from being installed that may be in conflict with the updated code once it is complete. A public hearing, as required for this issue, is tentatively set for the March 2, 2009, Regular Council meeting. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. B. Amendment to Interlocal Agreement for Conservation Futures for Duwamish Gardens Staff is seeking full Council approval for an amendment to the Conservation Futures Interlocal Agreement between King County and the City of Tukwila. This amendment will provide for two Conservation Fund Levy allocations for the Duwamish Gardens acquisition project. Once this amendment has been made, the City will be able to receive reimbursement through Conservation funding for the project totaling $700,000 for the 2007 and 2008 funding cycles. UNAN MOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. C. Riverton Flan Gate Removal Proiect Consultant Selection Staff is seeking full Council approval to enter into a consultant agreement with Berger /Abam Engineers, Inc. in the amount of $121,842.00 for the preliminary design of the Riverton Creek Flap Gate Removal Project. The City was previously awarded $72,500 in grant funding from the State of Washington Recreation and Conservation Office and the People for Puget Sound for project feasibility and preliminary design work. The additional money required for this consultant agreement will be funded though the City's 301 Fund. This project will improve fish access to the Creek by removing pipes and flap gates, providing an open water connection to the river and habitat improvements. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:38 p.m. Next meeting: Monday, February 23, 2009— 5:00 p.m. Conference Room #3 Committee Chair Approval mutes by KAM. Reviewed by BM and RL. CAS NUMBER: 09-027 CATEGORY SPONSOR SPONSOR'S SUMMARY EXPENDITURE REQUIRED $121,842.00 MTG DATE 02/23/09 1 03/02/09 MTG. DATE 02/23/09 03/02/09 Meetzn' Date 02/23/09 03/02/09 0 AGENDA ITEM TITLE Riverton Creek Flap Gate Removal Consultant Agreement with Berger /Abam Engineers, Inc. Discussion Motion Resolution Ordinance Mtg Date 02/23/09 Mtg Date 03/02/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Data Council Mayor Adm Svcs DCD Finance Fire Legal Pe2R Police PTV The contract is for design of the Riverton Creek Flap Gate Removal Project. The project will improve fish access to Riverton Creek by removing the flap gates and installing an open water connection to the Duwamish River. Three firms were short listed from the Consultant Works Roster and Berger /Abam Engineers, Inc. scored highest. Council is being asked to approve the contract with Berger /Abam in the amount of $121,842.00. REVIEWED BY COW Mtg. CA &P Cmte 1 1 F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 02/09/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works CoNain LEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT /=FUND _SOURCE AMOUNT BUDGETED $200,000.00 Fund Source: 301 PARKS &TRAILS (PAGE 68, 2009 CIP) Comments COUNCIL AGENDA SYNOPSIS Initzals Prepared b iVIayor review 1 CAIncz! review JM C� 'EM INFORMATION-: 1 ORIGINAL AGENDA DATE: FEBRUARY 23, 2009 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 02/02/09 Vicinity Map Pictures Consultant Agreement with Scope of Work and Fee Minutes from the Community Affairs Parks Committee meeting of 02/09/09 ITEM NO. 5 Bid Award Public Hearing Other Transportation Cmte Planning Comm. APPROPRIATION REQUIRED TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Public Works Director QILT'() DATE: February 2, 2009 SUBJECT: Riverton Creek Rao Gate Removal Project No. 98 -DRO3 Consultant Recommendation Agreement ISSUE Approve Berger /Abam Engineers, Inc. for preliminary design of the Riverton Creek Flap Gate Removal project. BACKGROUND Riverton Creek discharges into the Duwamish River through two pipes originally installed as part of construction of SR -599. Each of these pipes was fitted with a flap gate to prevent river water from flooding adjacent property. To improve fish access to Riverton Creek, the City has proposed a fish habitat project that will remove the pipes and flap gates in order to create an open water connection to the river. The City received grants from the Salmon Recovery Funding Board for $42,500 and from the People for Puget Sound for $30,000 to perform a limited feasibility analysis conceming the potential for flooding and perform design work. ANALYSIS The current Consultant Roster was reviewed and CH2M Hill, Berger /Abam, and Rosewater Engineering were short- listed to conduct this feasibility analysis and design work. Berger /Abam and Rosewater Engineering submitted proposals and both firms were interviewed. Berger /Abam scored highest in meeting the goals of the project. Berger /Abam designed the S. 180 St. Grade Separation project and staff was satisfied with this design work. It is recommended that Berger /Abam perform preliminary design work on the Riverton Creek Flap Gate Removal project for a fee of $121,842.00. BUDGET SUMMARY Engineering RECOMMENDATION attachments: Location /Concept Map Pictures Consultant Agreement City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Contract Budget $121,842.00 $200,000.00 The Council is being asked to approve this design agreement with Berger /Abam and consider this item at the February 23, 2009 Committee of the Whole Meeting and the subsequent March 2, 2009 Regular Meeting. P:\PROJECTS\A- DR Projects \98dr03 (Riverton Flap gate Removal) \InfoMemo Consultant Selection.doc Riverton Creek 2008 WINTER STORM AFTER ACTION REVIEW AERIAL PHOTO MAP THIS PROJECT INVOLVES THE REMOVAL OF 2 FLAP GATES CREEK CHANNEL RESTORATION AND RIPARIAN PLANTINGS. REPLACE EXISTING CULVERTS WITH AN OPEN WATER CONNECTION. REMOVE INVASIVE VEGETATION AND REPLANT USING NATIVES. FOR CONCEPTUAL PURPOSES 2008 WINTER STORM AFTER ACTION REVIEW PHOTOS 2008 WINTER STORM AFTER ACTION REVIEW PHOTO CONSULTANT AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Berger /Abam, hereinafter referred to as the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design services in connection with the project titled Riverton Creek Flap Gate Removal. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 180 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $121,842.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5 2 6'/ J14 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in perfoiniing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7 Indemnification. The Consultant 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 negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perfonni- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Tnsurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold hannzless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregrate. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 2 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that they have not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: DA I`ED this CITY OF TUKWILA Jim Haggerton, Mayor Attest/Authenticated: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Chris Walcott BERGER/ABAM Engineers, Inc. 720 Olive Way, Suite 1100 Seattle, WA 98101 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. day of ,20 CONSULTANT By: l( r/A Printed Name: Bob Fernandes Title: Vice President Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney 4 SECTION PAGE ABBREVIATIONS 1 PROJECT BACKGROUND 2 SCHEDULE 2 PROJECT PARAMETERS 3 PHASE 1 75% CONTRACT DOCUMENTS 3 Task 100 Project Management and Administration 3 Task 110 Quality Assurance and Quality Control (QA /QC) 4 Task 200 Topographic and Boundary Survey 4 Task 210 Preliminary Sensitive Areas Report 4 Task 300 Flood Prevention Feasibility Study 5 Task 310 Wall Strengthening Feasibility Study 5 Task 400 Business Park Owner/Tenant Coordination 6 Task 410 WSDOT Coordination 6 Task 420 Funding Partner Coordination 6 Task 500 Stream Restoration Design 6 Task 510 Green River Trail Detour Design and Coordination 7 Task 600 75% Construction Contract Plans 7 Task 610 Construction Contract Cost Estimate 8 ABBREVIATIONS The following abbreviations are used throughout this scope of work. EXHIBIT A SCOPE OF WORK FOR ENGINEERING SERVICES FOR THE RIVERTON CREEK FLAP GATE REMOVAL PROJECT oi'ps United States Army Corps of Engineers HP= Department of Archaeology and Historic _`=3 Preservation z Determination of Non significance Washington State Department of Ecology Digital Terrain Model Endangered Species Act or Environmental Site Assessment Federal Emergency Management Administrative Offer Settlement American Public Works Association Biological Assessment Best Management Practices Clean Water Act Exhibit A Scope of Work for Engineering Services for Phase 1 of the Riverton Creek Flap Gate Removal Project TABLE OF CONTENTS ivttc Model Toxics Control Act �NAD North American Datum lill:WA North American Vertical Datum NHEAg National Historic Preservation Act J�IOAA National Oceanic and Atmospheric Fznw> Right -of -Way 3 Tl A -1 Administration Plans, Specifications, and Estimates Quality Assurance /Quality Control State Environmental Policy Act Salmon Recovery Funding Board Temporary Erosion and Sedimentation Control Tukwila International Boulevard BERGER/ABAM, FPPWT -09 -202 February 2009 Agency f EHWA Federal Highway Administration Global Positioning System HE RAS y Hydrologic Engineering Centers River Analysis System aHFie Hydraulic Project Approval =JERPA Joint Aquatic Resources Permit Application PROJECT BACKGROUND SCHEDULE Washington Administrative Code A LL_ Washington State Department of Fish and Wild Life Washington State Department of Transportation United States Fish and Wildlife Service Uniform Standards of Professional Appraisal Practices Riverton Creek discharges into the Duwamish Waterway through two 48" diameter culverts. These culverts both have flap gates, although one of the flap gates has been missing for about ten years. This project will remove these culverts and flap gates along with the surrounding fill. The desired outcomes of removing these culverts are: Create a more natural open discharge of the Creek into the Duwamish Remove the fish barriers caused by the perched culverts and flap gates Improve riparian plantings along the last 650 feet of Riverton Creek Improve salmon rearing and resting habitat within the last 650 feet of the Creek Due to current funding limitations, the preliminary engineering for this project will be broken into two phases. This initial contract (Phase 1) will focus on doing as much as possible to help the City sell the project to the salmon habitat grant agencies. The concentration is on developing a good habitat restoration plan, a 75% set of plans, a 75% cost estimate, and laying the groundwork with the business park, WSDOT, the funding partners, and King County Parks. Following this course does involve some risk that the design will proceed ahead of obtaining environmental approvals that have a small chance of terminating the project if they can't be obtained or the required mitigation is too expensive. However, this risk appears to be small and if the limited funds are spent on environmental studies at this time, the project itself wouldn't be defined well enough to generate support for future funding. Phase 2 will complete the geotechnical studies, environmental site assessment, environmental studies, permits, final design, ROW and easement acquisition, and construction contract documents. The schedule will be determined in coordination with the City with consideration for milestones stipulated by the funding grants. At this time, it does not appear that the milestones for the SRFB grant or the People for Puget Sound grant can be met without amendments to the grants. For purposes of the fee estimate, this Phase 1 scope is assumed to be completed within five months of notice to proceed. Exhibit A Scope of Work for Engineering Services for Phase 1 of BERGER/ABAM, FPPWT -09 -202 the Riverton Creek Flap Gate Removal Project February 2009 A -2 PROJECT PARAMETERS The following list is included to confirm the understanding between the City and the Consultant and will be used to guide the work. These items are general in nature; assumptions specific to particular tasks are listed under those tasks. 1. Throughout this scope of work, it is understood that the City will provide the Consultant with one set of consolidated review comments for each draft review round. The Consultant will then respond to the comments and incorporate the agreed -upon resolution into the final document(s). 2. Based on the plans available prior to completion of the survey in this scope, it is not anticipated that any utilities will be affected. If utilities are affected, it is assumed the utility owners will prepare utility relocation and reconstruction plans for gas, telephone, electricity, and cable as needed. If needed, the Consultant will prepare water and sewer relocation and reconstruction plans as a supplemental service. 3. The Consultant will provide the City with all drawings, technical special provisions, amendments to the standard specifications, and the bid item list (bid proposal). The City will use these items to prepare the bid and contract documents using the City's typical contract manual boilerplate. PHASE 1- 75% CONTRACT DOCUMENTS Task 100 Project Management and Administration Invoices, Progress Reports, Subconsultant Coordination, and Record Keeping The Consultant will perform project administration and management tasks as follows. 1. Prepare and submit monthly invoices and progress reports, including a tabulation of hours expended broken down by each major task. 2. Perform on -going subconsultant liaison. 3. Maintain all contract required documentation. Deliverables 1. Monthly invoices and progress reports City Coordination Meetings The Consultant will attend periodic coordination meetings at the City. These meetings will be scheduled as needed, and it is assumed there will be two during Phase 1. It is assumed two members of the design team will attend each meeting. Deliverables 1. Meeting minutes for each meeting Exhibit A Scope of Work for Engineering Services for Phase 1 of BERGER /ABAM, FPPWT -09 -202 the Riverton Creek Flap Gate Removal Project February 2009 A -3 Task 110 Quality Assurance and Quality Control (QA /QC) The Consultant will provide QA /QC for all design work in accordance with the Consultant's QA /QC standards. Specifically, the project manager and /or project engineer will review all submittals (both in -house work and subconsultant work) before they are submitted to the City. Any required changes will be made prior to submittal to the City. Deliverables 1. QA /QC documentation for all design work will be made available to the City upon request. Task 200 Topographic and Boundary Survey The Consultant will provide topographic mapping and boundary survey within limits as indicated on the attached aerial photo. Mapping will be performed to provide a 1 =20' topographic base map and digital terrain model (DTM) in AutoCAD foiutat of the project within the limits described above. The base map will include signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. One -foot contours will be generated from the DTM. Adjacent ROW and Property lines will be shown based on WSDOT ROW plans and available survey data for adjacent parcel. The consultant will acquire a right -of -entry agreement for this work from the business park owner. Assumptions Current Title Reports will be provided by the City of Tukwila for all parcels adjacent to the project. It is anticipated that there is only one private parcel that would have a title report. The City of Tukwila will provide documents (as- builts) for City owned utilities. Elevations will be referenced to NAVD 1988 datum. Horizontal control will be determined by NAD 83/91 (State Plane Coordinates North Zone) Deliverables 1. Right -of -Entry agreement 2. AutoCad Basemap with DTM Task 210 Preliminary Sensitive Areas Report The consultant will evaluate the wetlands and aquatic resources within the project area and complete a preliminary sensitive areas report as required by the City. The assessment will include the determination of the approximate boundaries of the wetlands within the project area and the existing conditions of the wetlands, streams, and associated buffers. Wetland and stream locations will be recorded with a Trimble Geo -XT GPS unit for future project use. The information gathered during the preliminary sensitive areas assessment will be necessary to accurately determine the appropriate fish and wildlife enhancements. The report will provide the following information: e Documentation of the site's baseline conditions with photographs ra Determination of wetland boundaries within plus /minus 3 feet Recording of different vegetation classes Recording of different hydrologic regimes Exhibit A Scope of Work for Engineering Services for Phase 1 of BERGER /ABAM, FPPWT -09 -202 the Riverton Creek Flap Gate Removal Project February 2009 A-4 Assessment of appropriate wetland and stream classifications and buffers under local, state, and federal jurisdictions As direct wetland impacts are not likely to occur as part of the project, it is anticipated that a complete wetland delineation report and supporting materials will not be required to obtain the necessary permits. Deliverables 1. Preliminary sensitive areas report 2. Graphics detailing locations of wetlands /streams 3. Digital files of wetland and stream boundaries Task 300 Flood Prevention Feasibility Study A feasibility study will be performed by the Consultant to verify that the removal of the flap gates will not increase upstream flooding. Since one flap gate is already missing, it is assumed that the current condition does not differ from the after construction condition in terms of backwater flooding of Riverton Creek from the Duwamish 100 year flood. Therefore, this study will actually determine if 100 year flood levels on the Duwamish cause backwater flooding of private properties adjacent to Riverton Creek without the flap gate(s). If these Duwamish floods do not cause this flooding, then the project can proceed. If they do, then the private properties are already at risk due to the one removed flap gate, and that flap gate may need to be reinstalled and the project abandoned. It is assumed that the Consultant will use existing data and site observations to determine flooding conditions and that no hydraulic modeling/analysis will be done. Deliverables 1. Flood prevention feasibility study technical memorandum Task 310 Wall Strengthening Feasibility Study The goal of this project is to restore the lower reaches of Riverton Creek to a more natural, predevelopment condition. This includes removal of twin 48" culverts, flap gates, and fill as well as the enhancement of salmon habitat. The Creek is confined between Tukwila International Blvd. ('1113) on one side and a commercial development parking lot on the other which means this project will likely require acquisition of some of the parking lot or removal of fill outside the sheet pile wall supporting TIB. It is assumed for this scope that acquiring part of the parking lot will not be feasibile, therefore removal of fill outside the wall will be required. Based on as builts for 1113, it appears likely that this wall will need to be strengthened with tiebacks in order to remove the fill outside the wall and restore an open stream channel. It is assumed that all the preliminary engineering for this task will be based on the information available from the as- builts for the sheet pile wall and adjacent bridge and on the geotechnical report for the design of that wall and bridge. The consultant will prepare a preliminary design memorandum discussing the project impacts on the bridge approach embankment and sheet Exhibit A Scope of Work for Engineering Services for Phase 1 of BERGER/ABAM, FPPWT -09 -202 the Riverton Creek Flap Gate Removal Project February 2009 A -5 pile wall to include design earth pressures and the design recommendations for additional ground anchors. The assumptions used in this task will be confirmed by the borings proposed for phase 2. Deliverables 1. Technical memorandum of the preliminary design of any required strengthening of the existing sheet pile wall. Task 400 Business Park Owner/Tenant Coordination Following completion of the boundary survey, the design team and City will meet with the owner, and possibly some tenants, of the business park adjacent to the lower reaches of the Creek. This step will be important to determine what the willingness of the owner /tenants is for conveying ROW and /or easements that may be needed for removal of fill, clearing and new planting of the Creek banks, and construction access. It is assumed there will be one meeting. One member of the design team will attend the meeting. Deliverables 1. Meeting minutes Task 410 WSDOT Coordination A portion of the project area is adjacent to WSDOT ROW for an off ramp of State Route 599. Following coordination with the business park, the design team and City will meet with WSDOT to outline the project and discuss any issues WSDOT may be concerned about (primarily expected to be undermining of the ramp and clear zone obstacles). It is assumed there will be one meeting early on attended by one member of the design team. Deliverables 1. Meeting minutes Task 420 Funding Partner Coordination The design team and City will meet with the SRFB and People for Puget Sound. The meeting will be to summarize the results up to that point and seek any input the two agencies might have on the direction of the project. It is assumed that one member of the design team will attend the meeting and that both agencies will attend the meeting together. Deliverables 1. Meeting minutes Task 500 Stream Restoration Design The consultant will prepare a stream and riparian habitat restoration plan. The plan will consist of a narrative detailing the existing conditions of the site, potential wildlife habitat utilization, and the proposed enhancements, expected results, and monitoring and maintenance details. This project narrative will accompany the necessary permit applications. Exhibit A Scope of Work for Engineering Services for Phase 1 of BERGERJABAM, FPPWT -09 -202 the Riverton Creek Flap Gate Removal Project February 2009 A -6 The consultant will also design a series of comprehensive enhancement measures designed to maximize the enhancement of fish and wildlife habitat by the most cost effective means. Deliverables 1. Riparian habitat restoration plan Task 510 Green River Trail Detour Design and Coordination It is assumed that the Green River Trail will have to be closed at the project site for at least a month. Since this is a nearly 20 mile long trail and closing the entire trail is not an option, it will be necessary to provide a trail detour for the safety of users trying to bypass the closed section. The consultant will work with the City and King County Parks to decide on the shortest and safest detour. Deliverables 1. Trail detour design memorandum Task 600 75% Construction Contract Plans The consultant will prepare the following 22" x 34" full size plans for the project: Title sheet with vicinity map and sheet index Construction staging sheet Green River Trail detour plan sheet (scale to be determined) Green River Trail detour signing sheet Site preparation and TESC plan sheets (2 sheets 1 =20') Site preparation and TESC details and notes sheet Grading plan sheet (1 =10') Grading trail restoration, and bank armoring details and sections sheets (2 sheets) Planting and stream restoration plan sheets (2 sheets 1 =20') Planting and stream restoration detail sheet Sheet pile wall strengthening plan, sections, and details Trail bridge foundation plan and pile details and sections sheet Trail bridge abutment plan, details, and sections sheet Trails bridge superstructure and bearing details sheets (2 sheets, see task 600) *If a short spur trail, rest stop, interpretive site, etc. is included, the grading plans will cover the grading and surfacing within this scope. Any improvements like benches, tables, signs, etc. are not included in this scope, but could be added by supplement at a later date. This scope assumes that any treatment of the parking lot water will be done with a vegetative buffer between the stream bank and parking lot. This scope does not include the addition of drainage structures or curbs in the parking lot, but they could be added by supplement at a later date. Deliverables 1. Half size review set of 75% construction contract plans Exhibit A Scope of Work for Engineering Services for Phase 1 of the Riverton Creek Flap Gate Removal Project A -7 BERGER/ABAM, FPPWT -09 -202 February 2009 Task 610 Construction Contract Cost Estimate The consultant will prepare estimates of the project costs including construction costs, contingencies, inflation, design engineering, construction engineering, City administration, and ROW. The cost estimate will include estimated fair market value for the temporary construction easement and the permanent partial fee simple real property rights. A Parcel Funding Estimate worksheet similar to WSDOT's Local Agency Guidelines 25.143 will be completed to estimate the probable costs for the real property rights needed. Deliverables 1. Electronic file of the 75% project cost estimate Exhibit A Scope of Work for Engineering Services for Phase 1 of BERGER/ABAM, FPPWT -09 -202 the Riverton Creek Flap Gate Removal Project February 2009 A -8 Direct Salary Cost (DSC) Exhibit B Analysis of Costs BERGER/ABAM PERSONNEL Hours Pay Rate Cost QA/QC 6 59.35 356 Project Manager 73 56.01 4,089 Senior Structural Engineer 36 65.24 2,349 Structural Engineer 154 31.53 4,855 Civil Engineer 230 32.18 7,402 Scientist/Planner 136 35.57 4,837 Graphics /CADD 196 30.41 5,960 Project Coordinator 9 27.16 244 Clerical 19 25.68 488 Direct Salary Cost Total 859 30,579 Overhead Cost 156.92% of DSC 47,985 Net Fee 32.00% of DSC 9,785 Reimbursables Subconsultants Reproduction/Postage Mileage SUBTOTAL 88,349 200 150 SUBTOTAL 350 BERGERABAM SUBTOTAL 88,699 Universal Field Services 2,445 KPG 23,045 GeoEngineers 7,654 SUBTOTAL 33,143 TOTAL 121,842 EXHIBIT B RIVERTON CREEK FLAP GATE REMOVAL PROJECT MANHOUR ESTIMATE EXHIBIT B RIVERTON CREEK FLAP GATE REMOVAL PROJECT MANHOUR ESTIMATE EXHIBIT B RIVERTON CREEK FLAP GATE REMOVAL PROJECT MANHOUR ESTIMATE Direct Salary Cost (DSC) Exhibit B Analysis of Costs GeoEngineers, lnc. PERSONNEL Hours Pay Rate Cost Principal 16 63.46 1,015 Project Engineer /Scientist 0 38.46 Staff 3 Engineer /Scientist 32 32.21 1,031 Staff 1 Engineer /Scientist 0 27.88 Senior Technician 2 24.28 49 Project Assistant 4 24.28 97 Direct Salary Cost Total 54 2,192 Overhead Cost 214.65% of DSC 4,705 Net Fee 30.00% of DSC 658 Reimbursables SUBTOTAL 7,554 Mileage 100 SUBTOTAL 100 TOTAL 7,654 Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Survey Manager 8 50.00 400 Senior Surveyor 1 40 41 50 1,660 Senior Surveyor 11 34 38.50 1,309 Survey Crew I 40 36.00 1,440 Survey Crew 11 40 74.50 2,980 Direct Salary Cost Total 162 7,789 Overhead Cost Net Fee Reimbursables Exhibit B Analysis of Costs KPG, Inc. 162.65% 30.00% of DSC of DSC SUBTOTAL 12,669 2,337 22,795 Field supplies, plotting printing, and research copies. 250 SUBTOTAL 250 TOTAL 23,045 Direct Salary Cost (DSC) Exhibit B Analysis of Costs Universal Field Services, Inc. PERSONNEL Hours Pay Rate Cost QA/QC 8 45.67 365 Project Manager 6 43.00 258 Acquisition Specialist 16 36.00 576 Administrative Specialist 4 28.00 112 Direct Salary Cost Total 34 1,311 Overhead Cost Net Fee Reimbursables 46.90% 30.00% Mileage Parking, Long Distance Telephone, Photos, Printing, etc. of DSC 615 of DSC 393 SUBTOTAL 2,320 100 25 SUBTOTAL 125 TOTAL 2,445 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes February 9, 2009 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair (filling in for Verna Griffm); Joe Duffle and Kathy Hougady Staff: Jack Pace, Brandon Miles, Ryan Larson, Jim Morrow, Rhonda Berry and Kimberly Matej CALL TO ORDER: Council President Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. City of Tukwila Community Affairs and Parks Committee II. BUSINESS AGENDA A. Renewal of Sim Code Moratorium The current moratorium on certain types of signage throughout the City (animated and electronic, free standing taller than six feet, freeway interchange signs and billboards) will expire in April 2009. Staff is requesting that the moratorium be extended for an additional 180 days (6 months) to allow for completion of the Sign Code update. The moratorium prevents new signs from being installed that may be in conflict with the updated code once it is complete. A public hearing, as required for this issue, is tentatively set for the March 2, 2009, Regular Council meeting. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. B. Amendment to Interlocal Agreement for Conservation Futures for Duwamish Gardens Staff is seeking full Council approval for an amendment to the Conservation Futures Interlocal Agreement between King County and the City of Tukwila. This amendment will provide for two Conservation Fund Levy allocations for the Duwamish Gardens acquisition project. Once this amendment has been made, the City will be able to receive reimbursement through Conservation funding for the project totaling $700,000 for the 2007 and 2008 funding cycles. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. C. Riverton Flan Gate Removal Project Consultant Selection Staff is seeking full Council approval to enter into a consultant agreement with Berger /Abam Engineers, Inc. in the amount of $121,842.00 for the preliminary design of the Riverton Creek Flap Gate Removal Project. The City was previously awarded $72,500 in grant funding from the State of Washington Recreation and Conservation Office and the People for Puget Sound for project feasibility and preliminary design work. The additional money required for this consultant agreement will be funded though the City's 301 Fund. This project will improve fish access to the Creek by removing pipes and flap gates, providing an open water connection to the river and habitat improvements. UNANIIVIOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:38 p.m. Next meeting: Monday, February 23, 2009— 5:00 p.m. Conference Room #3 Committee Chair Approval mutes by KAM. Reviewed by BM and RL. COUNCIL AGENDA SYNOPSIS �3I1LA {,y �J N Initials I'J MNO. Q I Meetin Date Prepared Ma ;'ors revie�r Cauncilreview El 02/23/09 1 J A Ia 03/02/09 J I• 1 5 90; I I ITEM INFORMATION CAS NUMBER: 09-028 I ORIGINAL AGENDA DAI'E: FEBRUARY 23, 2009 AGENDA ITEM TITLE Ordinance to Renew Time Warner Telecom Franchise Agreement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hear Other Mtg Date 02/23/09 Mtg Date Mtg Date Mtg Date 03/02/09 Mtg Date Mtg Date Mtg Date I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Time Warner Telecom (TWTC) Franchise Ordinance No. 2114 expires on March 15, 2009. SUMMARY The new ordinance will renew the Time Warner franchise for three years and has some changes to the utility relocation requirements in Section 5E. The Council is being asked to approve the ordinance for the new franchise agreement with Time Warner Telecom with an expiration date in March, 2012. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. D 11E: 02/10/09 RECOMMENDATIONS: SPONSOR /ADMEN. Public Works Commitrl Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: I MTG. DATE RECORD OF COUNCIL ACTION 02/23/09 I 03/02/09 MTG. DATE ATTACHMENTS 02/23/09 Informational Memorandum dated 02/04/09 Draft Ordinance with Exhibits Ordinance No. 2114 Minutes from the Utilities Committee meeting of 02/10/09 03/02/09 j#\ City of Tukwila 0 4 -j Jim Haggerton, Mayor I y ,0.--=,- INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: February 4, 2009 SUBJECT: Time Warner Telecom Franchise Agreement Ordinance ISSUE Time Warner Telecom Franchise Renewal and repeal of Ordinance No. 2114. BACKGROUND Time Warner Telecom is a telecommunications company that provides managed voice, data networking and broadband services to the Puget Sound Region. They currently have a three year Franchise Agreement with the City (Ordinance No. 2114) that expires on March 15, 2009. DISCUSSION Throughout the current Franchise term, Time Warner Telecom has maintained a professional relationship with the City. The new non exclusive Franchise Agreement calls for a three -year term and contains some changes in the terms and conditions. The most significant change pertains to the utilities relocation requirements. Section 5E of the new Agreement provides for a more comprehensive utility relocation provision that would greatly benefit our project managers and minimize the risk for change orders. Should the Utilities Committee and the Committee -of -the Whole endorse a new 3 -year Franchise Agreement, attached is the new ordinance and Ordinance No. 2114 for reference. RECOMMENDATION Approve Ordinance for the new franchise agreement with Time Warner Telecom and consider this item at the February 23, 2009 Committee of the Whole meeting and subsequent March 3, 2009 Regular Meeting. Attachments: Ordinance with Exhibits Ordinance No. 2114 PAPROJECTS\Franchise infomation Memo-Time Warner Telecom Franchise Renewal gl.doc nn APT AN ORDINANCE OF THE CITY COUNCIL OF THE Cl'1'Y OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF- WAY IN THE CITY; REPEALING ORDINANCE NO. 2114; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFF±CTIVE DATE. WHEREAS, Ordinance No. 2114, dated March 6, 2006, granted tw telecom of washington llc, hereinafter referred to as "TWTC," a three -year, non exclusive franchise, which expires March 15, 2009; and WHEREAS, TWTC is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound Region; and WHEREAS, TWTC's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way is necessary to ensure the burden of costs for the operations of non municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate nonexclusive franchises for the use of public streets, right -of -ways, and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKIA'ILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non exclusive Franchise Granted. A. The City hereby grants to TWTC, subject to the conditions prescribed in this ordinance "Franchise Agreement"), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City -owned rights -of -way generally described in Exhibit A, and hereinafter referred to as the "Franchise Area." B. Such Franchise shall not be deemed to be exclusive to TWTC and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to TWTC, provided, that such other franchises do not unreasonably interfere with TWTC's exercise of C \Documens and Settings \Al Users Desktop Kelly \MSDATA Ordinances \Time Warner Franchise.doc FI:ksn 2/18/2009 Page 1 of 8 franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes TWTC to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to TWTC. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of three years from the effective date of this ordinance. This Franchise shall not take effect and TWTC shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If TWTC requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to TWTC prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of TWTC to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. A. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, TWTC shall within 24 hours of the emergency, obtain a permit from the City of Tukwila Public Works Department. B. Coordination. All capital construction projects performed by TWTC within the P P l P Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for TWTC within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. D. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. C: Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \Time Warner Franchise.doc Fi:ksn 2/18/2009 Page 2 of 8 E. Relocation. 1. Whenever the City causes a public improvement to be constructed within the Franchise Area, and such public improvement requires the relocation of TWTC's facilities, the City shall provide TWTC with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and TWTC shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. 2. To ensure timely execution of relocation requirements, TWTC shall, upon written request from the City, provide at TWTC's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the timeframe specified by the City. 3. TWTC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within a reasonable time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives and advise TWTC in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, TWTC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by TWTC full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, TWTC shall relocate its facilities as otherwise specified in Section 5.E. 4. Upon final approval of the relocation plan by the City, TWTC shall at its own expense, unless otherwise prohibited by statute, and at the timeframe specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. 5. If during the construction, repair, or maintenance of City's public improvement project an unexpected conflict occurs from T%-VTC's facilities, TWTC shall, upon notification from the City, respond within 24 hours to resolve the conflict. F. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities within the Franchise Area, TWTC shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by TWTC may be abandoned without the express written consent of the City. G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, TWTC shall, upon the request of the City, furnish a bond executed by TWTC and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of TWTC's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by TWTC in the City rights -of -way. At TWTC's sole option, TWTC may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that TWTC shall observe all the covenants, terms, and conditions and shall faithfully perform all of the C: \Documents and Setting \All Users Desktop Kelly MSDATA Ordinances Time Warner Frranchi.e.doc Fi _ksn 2/18/2009 Page 3 of 8 obligations of this Franchise Agreement, and to repair or replace any defective TWTC work or materials discovered in the City's roads, streets, or property. H. "One -Call" Location Liability. TWTC shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to TWTC's system components or for interruptions in service to TWTC customers that are a direct result of work performed for any City project for which TWTC has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the TWTC system components or for interruptions in service to TWTC customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. TWTC shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close -out of any permit issued by the City and any work undertaken by TWTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. TWTC shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, TWTC shall pay such reasonable costs and expenses directly to the City. K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to TWTC, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to TWTC by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by TWTC to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If TWTC has not attained full compliance at the end of the 30- day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 -day period. B. Emergency Actions. 1. If any of TWTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order TWTC to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify T WTC and give TWTC an opportunity to correct within a reasonable specified time, said threat, financial harm or delay before undertaking such corrective measures. TWTC shall be liable for all reasonable costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by TWTC and shall further be liable for all reasonable costs, C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \Time Warner Franchise.dcc Fi:ksn 2/18/2009 Page 4 of 8 expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by TWTC to take appropriate action to correct a situation caused by TWTC and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of Franchise terms. 2. If, during construction or maintenance of TWTC's facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, TWTC or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of TWTC's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and /or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, TWTC shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TWTC to abandon its facilities in place. Section 7. Insurance. A. TWTC shall maintain liability insurance written on a per occurrence basis during the full term of this franchise for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name, as additional insured, the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve TWTC from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in TWTC's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from TWTC to another person or entity controlling, controlled by, or under common control with TWTC. TWTC may license fibers to other users without the consent of the City provided that TWTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. C \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \Time .'lamer Franchise.doc FLksn 2/18/2009 Page 5 of 8 B. In any transfer of this Franchise that requires the approval of the City, TWTC shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any actual and reasonable administrative costs associated with a transfer of this franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. TWTC does hereby warrant that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065. B. TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of City's right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise approval. C. In the event TWTC submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review, or inspection, TWTC shall reimburse City for franchise amendment and expenses associated with the project. TWTC shall pay such costs within 30 days of receipt of bill from the City. D. Failure by TWTC to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or TWTC shall be delivered to the following addresses respectively: City of Tukwila Lyndall Nipps Office of the City Clerk VP Regulatory 6200 Southcenter Boulevard tw telecom of washington llc. Tukwila, WA 98188 845 Camino Sur Email: coflaherty @ci.tukwila.wa.us Palm Springs, CA 92262 Phone: 206 -433 -1855 Email: lvndall.niuus @twtelecom.com Phone: 760 832 -6275 with a copy to: Tina Davis Senior VP Deputy General Counsel tw telecom of washington llc. 10475 Park Meadow Drive Littleton, CO 80124 Email: tina.davis @twtelecom.com Phone: 303 566 -1279 Section 12. Indemnification. A. TWTC shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities within the Franchise Area. TWTC shall indemnify and C: \Documents and Setting \All Users Desktop Kelly \;vSDATA \Ordinances \Time Warner Franchise.dec F1:ksn 2/18/2009 Page 6 of 8 hold the City harmless from all claims, actions or damages, including reasonable attomey's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of TWTC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to TWTC's obligation pursuant to this section, the City shall within a reasonable time notify TWTC thereof and TWTC shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TWTC shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, TWTC may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require TWTC to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between TWTC and the City, TWTC's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, TWTC expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of TWTC's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by TWTC, to enforce the remaining provisions of the ordinance, TWTC shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law. C \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Time Warner Franchise.doc FLkm 2/18/2009 Page 7 of 8 Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TWTC shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations, and Specifications. TWTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to TWTC, shall thereafter govern TWTC's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect TWTC's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to TWTC and other similar user of such facilities. Section 17. Repealer. Ordinance No. 2114, is hereby repealed. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect 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 2009. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, 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: Attachments: Exhibit A Time Warner Telecom Fiber Optic Systems Project Description Exhibit B Franchise Agreement Acceptance form C: \Documen s and Settings All Users Desktop Kelly MSDATA Ordinances Time Warner Franchise.doc FT:k_m 21182009 Page 8 of 8 EXHIBIT A Page 1 TWTC Fiber Optic System TWTC currently has a fiber optic system along Interurban Avenue S. On Interurban Avenue South, the system continues east to Boeing Access Road and heads north on Airport Way South into Seattle. TWTC purchased telecommunications conduits from McLeod USA and installed a fiber optics infrastructure. The fiber optic system is located on East Marginal Way from Interurban Avenue South to South 133 Street. It continues east on South l33 Street to Interurban Avenue South. McLeod USA and Time Warner Telecom fiber optic systems are in common manholes at each tie -in points on Interurban Avenue South. Recently, TWTC expanded its fiber optic system to serve customers in the Commercial Business District. The new system starts from a vault on Interurban Avenue South and Family Fun Center Way and heads to Southcenter Boulevard. On the north side, attached to the bridge portion of Southcenter Boulevard, the system heads to the Christianson Trail on the west side of the Duwamish River, then heads south to the intersection of Tukwila Parkway and Christensen Trail. TWTC's system continues westerly on the south side of Tukwila Parkway to the intersection of Andover Park West and Tukwila Parkway. From the west side of Andover Park West, the system heads south to Corporate Drive North. At this location, the system heads back north across the Corporate Drive N then west on the north side of Corporate Drive N, and terminates into a telecommunications vault. A Pa9e 2 t OIBIT tic Sys 1681\11C Abe S 9 p1, fiber �p 0 9 e 1s A, .94K,-, 1 1 1 O H ®rs +s®^ 4. i44 -40F l 9 N 5 h e -r21� g a t t.1 O a 44 A Q m ''''''''.4 IV `A 1 1 1 2S -N., N \1 N, motto Scale A NI 0 S I SaE. 4 \11.. -,2 y 4 0 11 1 y� 4 V st A S \V c 4 --a O� 41 -a s u^ 6 143 St N N i \'1 e a a 4® I i 1 1 d1 s 144 st 1 i n �4e mi s 1 1 s st S'. s a� s -,.,,N 4ee 1 G j q 1q 4 1 I S t4A.Ft q 0 n q ,y 1 3': f t 5158 litil4 uj, s5eost N t e 1 e HIw3 Q 0 Q y V- Str_• 3 1 ire' Qt 2 1 9 I n e auf4 7 9 ?vr9� =1.�tea c K l3 t e 11 .1:,� o I I i upland Dr i .o_ Map Legen f a s Tt,ta_Dr 5 e F ilter s r` P Existing s fl 5t Street m( 4 Gl ��amo City LOWS i P B tt I 1 7 o 4d_ V r �J �U 1j m pate: February 3, 2r t 1. fill o 1 6 @a a EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORM TWTC Date: City Of Tukwila City Clerks Office 6200 Southcenter Blvd Tukwila, WA 98188 Re: Ordinance Adopted: Dear Ms O'Flaherty, In accordance with and as required by Section 4 of City of Tukwila Ordinance passed by the City Council and approved by the Mayor on (the "Ordinance Time Warner Telecom hereby accepts the teinis, conditions and obligations to be complied with or perfoiiued by it under the Ordinance. Sincerely, Signature Printed Name Title OM iv ,Q, 19 0$ City of Tukwila Washington Ordinance No. 1l `f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON- EXCLUSIVE FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON, LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS TRANSMISSION LINE IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Time Warner Telecom of Washington, LLC, hereinafter referred to as "TWTC," is a competitive telecommunications company providing voice, data and internet broadband access services; and WHEREAS, TWTC's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation, and maintenance of a telecommunications system that includes fiber -optic cables; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of telecommunications transmission lines is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way is necessary to ensure that the burden of costs for the operations of non municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate nonexclusive franchises, for the use of public streets, right -of -ways and other public property, for transmission of communications; and WHEREAS, TWTC was previously granted a three -year nonexclusive franchise (Ordinance 1961), which has since expired; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non exclusive Franchise Granted. A. The City hereby grants to TWTC, subject to the conditions prescribed in this ordinance "Franchise Agreement the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for an underground telecommunications transmission system, which includes fiber -optic cable, within the City -owned rights -of -way generally described in Exhibit A, and hereinafter referred to as the "franchise area." B. Such Franchise shall not be deemed to be exclusive to TWTC and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to TWTC; provided, C: \Documents and Settings \All Users Desktop \Kelly \4LSDATA Ordinances \Time Wamer 2 -06.doc F :kn 3/2/2006 Page 1 of 7 that such other franchises do not unreasonably interfere with TWTC's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit or prevent the City from using the franchise area, or affect the City's jurisdiction over such area in any way. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement, and may develop such rules, policies and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of three years from the effective date of this ordinance. This Franchise shall not take effect and TWTC shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If TWTC requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to TWTC prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of TWTC to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. A. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, TWTC shall within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. B. Coordination. A City inspector shall inspect all capital construction projects performed by TWTC within the franchise area. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for TWTC within the franchise area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. D. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. E. Relocation. 1. Within 90 days following written notice from the City, TWTC shall, at its own expense, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the C: \Documents and Settings \All Users \Desktop \Kelly \MSDATA \Ordinances \Time Warner 2 -06.doc Fl:kn 3/2/2006 Page 2 of 7 City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any City or other public improvement in or upon the rights -of -way. 2. TWTC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. Such alternatives shall include the use and operation of temporary transmitting facilities in adjacent rights of way. The City shall evaluate such alternatives and advise TWTC in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, TWTC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by TWTC full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, TWTC shall relocate its facilities as otherwise provided in this section. F. Removal or Abandonment. Upon the removal from service of any fiber optic system or other structures, facilities and amenities, TWTC shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by TWTC may be abandoned without the express written consent of the City. G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, TWTC shall upon the request of the City, furnish a bond executed by TWTC and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of TWTC's obligations under this Franchise Agreement. At TWTC's sole option, TWTC may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that TWTC shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective work or materials discovered in the City's roads, streets, or property. H. "One -Call" Location Liability. TWTC shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to TWTC's system components or for interruptions in service to TWTC customers which are a direct result of work performed for any City project for which TWTC has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the TWTC system components or for interruptions in service to TWTC customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. TWTC shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current AutoCAD version prior to close -out of any permits issued by the City and any work undertaken by TWTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. TWTC shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, TWTC shall pay such reasonable costs and expenses directly to the City. C: \Doc.Lments and Setting \All Users Desktop Kelly \MSDATA \Ordinance.," \Time Warner 2 -06.doc Ff:kn 3/2/2006 Page 3 of 7 K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to TWTC, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to TWTC by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by TWTC to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City, which describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If TWTC has not attained full compliance at the end of the 30 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 -day period. B. Emergency Actions. 1. If any of TWTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC, is deemed by the City to create a threat to life or property, the City may order TWTC to immediately correct said threat or, at the City's discretion, the City may undertake measures to correct said threat itself; provided that, when possible, the City shall notify TWTC and give TWTC an opportunity to correct said threat before undertaking such corrective measures. TWTC shall be liable for all costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by TWTC and shall further be liable for all costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by TWTC to take appropriate action to correct a situation caused by TWTC and identified by the City as a threat to public or private safety or property shall be considered a violation of franchise terms. 2. If during construction or maintenance of TWTC's facilities any damage occurs to an underground facility, and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health or property, TWTC or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of TWTC's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and /or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, TWTC shall at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TWTC to abandon its facilities in place. Section 7. Insurance. A. TWTC shall maintain liability insurance written on a per occurrence basis during the full term of this franchise for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name, as additional insured, the City, its officers, and employees; shall apply as primary insurance; shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered C: \Documents and Setdno \All Users Desktop Kelly MSDATA Ordinances Time Warner 2- 06.doc FI.kn 3/2/2006 Page 4 of 7 thereunder; and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve TWTC from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required for a transfer in trust, by other hypothecation, or by assignment or -any rights, title, or interest in T\'VTC's fiber optic system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise, or if such transfer is from TWTC to another person or entity controlling, controlled by, or under common control with TWTC. TWTC may license fibers to other users without the consent of the City provided that TWTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this franchise which requires the approval of the City, TWTC shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any actual and reasonable administrative costs associated with a transfer of this franchise which requires the approval of the City, shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. TWTC does hereby warrant that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065. B. TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of City's right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise approval. C. In the event TWTC submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review, or inspection, TWTC shall reimburse City for franchise amendment and expenses associated with the project. TWTC shall pay such costs within 30 days of receipt of bill from the City. C: \Documents and Settings\ All Users Desktop Kelly \MSDATA Ordinances \Time Warner 2- 06.doc FI:kn 3/2/2006 Page 5 of D. Failure by TWTC to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or TWTC shall be delivered to the following addresses respectively: City of Tukwila TIME WARNER TELECOM Office of the City Clerk Attn: Tina Davis 6200 Southcenter Boulevard 10475 Park Meadows Dr Tukwila, WA 98188 Littleton, CO 80124 Section 12. Indemnification. A. TWTC shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities. TWTC shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of TWTC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to TWTC's obligation pursuant to this section, the City shall within a reasonable time notify TWTC thereof and TWTC shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TWTC shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, TWTC may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require TWTC to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between TWTC and the City, TWTC's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the perfomtance of this Franchise and as to claims against the City, its officers, agents and employees, TWTC expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of TWTC's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may, at its sole option, deem the entire ordinance to be affected and thereby C: \Documents and settings \Ali Users \Desktop K \MSDATA O \T Warner 2 -06 doc FI:kn 3/2/2006 Page 6 of 7 nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, TWTC shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable Iaws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TIA/TC shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the Iocations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations, and Specifications. TWTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to TWTC, shall thereafter govern TWTC's activities hereunder; provided, however, that in no event shall regulations: A. materially interfere with or adversely affect TWTC's rights pursuant to and in accordance with this Franchise Agreement; or B. be applied in a discriminatory manner as it pertains to TWTC and other similar user of such facilities. Section 17. 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCILa THE CITY,. ®F,TUKWILA, WASHINGTON, at a Regular Meeting thereof this 4 f day of /r'_ 2006. ATTEST/ AUTHENTICATED: WiF (li. r Steven M. Mullet, Mayor J e E. Cantu; CMC, City Clerk Filed with the City Clerk: 2 -06. APPROVED AS TO FORM BY: Passed by the City Council: 3 0 !d Published: 3 /0 Effective Date: 7 i O Office of the City Attorney Ordinance Number: aZ /14 ATTACHMENTS: EXHIBIT A, Time Warner Telecom Fiber Optic Systems Project Description EXHIBIT B, Franchise Agreement Acceptance Form, Time Warner Telecom C: \Documents and Setting \All Users\ Desktop Kelly \MSDAT 1 \Ordinance_ \Time Warner 2 -06.doc FT:kn 3/2/2006 Page 7 of EXHIBIT A Time Warner Telecom Fiber Optic System Project Description: Time Warner Telecom currently has a fiber optic system along Interurban Avenue South. On Interurban Avenue South, the system continues east to Boeing Access Road and heads north on Airport Way South into Seattle. Time Warner Telecom intends to purchase conduit from McLeod USA and deploy fiber optics. The conduit system is located on East Marginal Way from Interurban Avenue South to South 133rd Street. The system continues on South 133rd Street and travels east to Interurban Avenue South. McLeod and Time Warner Telecom fiber optic systems are in common manholes at each tie -in points on Interurban Avenue South. C: \Documents and Settines\All Users\Desktop\KellyVvISDATA \Ordinances \Time Warner Exhibit A.doc Fl:kn 2/23/2006 Page 1 of 1 EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORiv1 TIME WARNER TELECOM Date: SEP 12 2006 Ms. Jane Cantu Office of the City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Re Ordinance No. 2114 Adopted March 6, 2006 Dear Ms. Cantu. 4VUs��7 LLB In accordance with and as required by Section 4 of City of Tukwila Ordinance No 2114 passed by the City Council and t pproved by the Mayor on March 6, 2006 (the "Ordinance'), Time Warner Telecom. hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, },c s:t 11 lAra Signature Tautens Print Name Title 4 City of Tukwila 1 b ,v 14i Utilities Committee 90 UTILITIES COMMITTEE Meeting Minutes February 10, 2009 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson Staff: Jim Morrow, Frank Iriarte and Gail Labanara CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:03 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Time Warner Telecom Franchise Azreement Staff is seeking full Council approval on an ordinance that will renew the Time Warner Telecom (TWTC) franchise agreement with the City. TWTC currently has a three -year non exclusive franchise agreement with the City, Ordinance 2114, which expires on March 15, 2009, and allo`vs managed voice, data networking, and broadband services. This 3 -year X renewal has some changes to the utilities relocation requirements in Section 5E. The utility relocation section has been updated to include more clear and concise requirements for relocation, which should reduce problems in the field. TWTC currently has expanded into the Central Business District to Corporate Drive. UNANEMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:39 p.m. Next meeting: Tuesday, February 24, 2009 5:00 p.m. Conference Room No. 1. ;t Committee Chair Approval Mir ti:CI Reviewed by KAM. CAS NUMBER 09-029 Discussion Fund Source: Conunents MTG. DATE 2/23/09 ExPJ;NDITURI', R1;QUIREI) Aleethrr; Date Prepared by 02/23/09 3M 1 ITEM INFORMATION 1 ORIGINAL AGENDA DA'rl:: FEBRUARY 23, 2009 Ac;I ;ND,\ I1'1'.M Trrl.l'. 2008 WINTER STORM AFTER ACTION REVIEW Information Only Motio Aft; Date 2/23/09 Mt; Date CO UNCIL AGENDA SYNOPSIS Resohitton dltg Date RI:\'II'.WI.D BY COW Mtg. CA &P Cmte Utihties Cmte n Arts Comm. DATE. RECOMMENDATIONS: SPONSOR /ADMiN. Public Works C() MIMIITI7iE tl•Itg Date L :rtrait Alayorjj revrew Ordinance Si )NSOR Coundl Mayor Adrrt Svcs DCD n Finance Fire Legal (_f P6 R Police PWr SPONSOR'S The Public Works Director will present a foliowup to the City's response to the SUMMARY 2008 Winter Storm. No action is required at this time Information Only. COST IMPACT FUND SOURCE AMOUNT BUDGETED lilts Date F &S Cmte n Parks Comm. Council review 1 1 1 RECORD OF COUNCIL ACTION 1 1 MTG. DATE ATTACHMENTS 2/23/09 2008 Winter Storm After Action Review Iel EvI Bid Award Public Heating n Other lltg Date Jltg Date Transportation Cmte Planning Comm. APPROPRIATION REQUIRED I. INTRODUCTION City of Tukwila Jim Haggerton, Mayor II. SITUATION ANALYSIS 2008 WINTER STORM AFTER ACTION REVIEW This After Action Review is a followup to the City's response to the December 17 through December 28, 2008 winter storm, the January 7, 2009 landslide on Interurban Avenue, and the Flood Watch from January 8 through January 15, 2009. After the winter storm, discussions were held and information sought from key personnel and departments as related to mitigation, response, and recovery activities during the incident. The purpose of this After Action Review is: (1) document response activities; (2) identify successes /problems during emergency operations; and (3) make recommendations to improve mitigation, response, and recovery activities. An action plan will need to be developed to implement any recommended improvements. After repeated warning from the National Weather Service, a severe winter storm struck the City on December 17, 2008 with blizzard conditions, record or near record snowfall, freezing temperatures, freezing rain, and ice causing hazardous conditions for citizens, homes, businesses, public utilities, public facilities and infrastructure The extreme weather caused roads to be closed and icy, snow packed conditions on others. To compound the problem, at 2:00 pm on Thursday, December 18, a 10 -inch water main in the vicinity of 57 Avenue South, just north S. 144 Street burst. Water Department crews were dispatched and by 8:00 pm the break was repaired. A snowplow had to be diverted from snow removal operations in order to provide access to the problem area. Water crews were able to isolate the break and reroute the water supply with little or no loss of water service for the residents. For six hours the crews worked in freezing weather to make the necessary repairs. Even with all four snowplow /sander trucks working around the clock, the road crews could not keep up with the snow accumulation. Numerous streets, primarily steep hills, became safety hazards and in accordance with Public Works' Snow Removal Operating Procedures, barricades were placed and the following roadways were closed: 1. S. 178 Street from 180 at Southcenter Parkway to the top of the hill in SeaTac. 2. S. 147 Street between 57 Avenue South and 58 Avenue South 3. Bottom of S. 132 Street where enters Tukwila International Blvd. 4. 57 Avenue South between S. 142 Street and S 144 Street 5. S. 144 Street between Macadam to Showalter Middle School In accordance with City policy and the Public Works' proven standard operating procedures, the road crews from December 18 through December 24 just concentrated on. (Note: constant and at times heavy snow accumulation did not provide an opportunity to move into residential neighborhoods) 1. Major arterials in the commercial and industrial areas: Andover Park East Andover Park West Southcenter Parkway Strander Blvd. Tukwila Parkway 2008 WINTER STORM AFTER ACTION REVIEW Page 2 Minkler Avenue S. 180 Street Southcenter Blvd /S. 154 Street Interurban Avenue East Marginal Way 2. Residential Streets most traveled by the Fire Department 58 Avenue South; 62n Avenue South; S. 144 Street; 42 Avenue South The City's Emergency Operation Center (EOC) was activated on December 18 in anticipation of high winds and the possible damage that could result. Winds were expected to exceed the City's safety wind speed threshold of 45 mph Emergency Management has a safety policy in place that prevents members of the First Response Team (Fire, Police, Public Works) from deploying if the sustained wind speed exceeds 45 mph. The only deployment allowed is in response to a life- threatening situation. The City did not experience the high winds as predicted and the EOC was deactivated at 9:00 pm. In response to the heavy snowfall and the overall condition of the roadways, the Director of Emergency Management recommended that City facilities be closed on December 19 and 22, 2008. Only essential personnel were brought in. In lieu of using the ladder truck, the Fire Department adapted their operations and activated an Aid Car. On December 19 Seattle City Light had a problem with one of their substations. The power outage affected the Tukwila Community Center. After power was restored, Seattle City Light only provided single -phase power. Through the quick actions of Parks and Recreation and Public Works staff, systems were shut down air handlers, refrigerators, etc. to prevent damage to motors. Once Seattle City Light restored 3 -phase power, Public Works Facilities Maintenance was called in and worked until 12:30 Saturday morning fully restoring all systems and alarms. City road crews were finally able to get ahead of the snow and by Christmas day were able to have some down -time. Starting December 26 and working 24 -hours a day, road crews were finally able to clear all residential neighborhood streets, both secondary and tertiary by December 28, 2008. On December 30, 2008, road crews began street sweeping operations to clear all streets of the sand that was placed. The street sweeping operation is an attempt to prevent the sand from entering the City's surface water system where a more expensive clean -up operation would be needed. The ground had become saturated because of the December 2008 record snowfall and cold temperatures. First Responder personnel were placed on alert to monitor key areas within the City that are prone to landslides. On January 7, 2009, the City received approximately 3.5 inches of rain. This caused a major landslide above Interurban Avenue South and adjacent to Canyon Estate Condominiums. No storm related injuries, loss of life, or property damage were reported. All essential City services were provided throughout the entire incident Fire, Police, water, sewer, surface water (no flooding). All dispatches for Fire and Police were answered. W \2009 Inichlernos'Dec Winter Stcrm After Action Review 02 -23 -09 gl.doc 2008 WINTER STORM AFTER ACTION REVIEW Page 3 III. PURPOSE The objective of the after action review is to evaluate: 1. The Emergency Operations Center 2. Field Operations 3. Shelter Operations 4. Communications 5. Adequacy of City Facilities The scope of the review is for the December 17 through December 28 winter storm, the January 7 landslide, and the Flood Watch from January 8 through January 15, 2009. The review will be confined to City response and recovery operations. The methodology used in performing this review is data obtained from the actual event. IV. FINDINGS AND RECOMMENDATIONS A. Emergency Operations Center The Emergency Operations Center was activated in the Police Training Room on December 18 in anticipation of the forecasted high winds. The Police Training Room was selected because it has the capability of displaying all intersections within the City that have cameras (total of 64); can display the situation along Tukwila International Blvd. and S. 144 St. (total of 11), has cable news and TV feeds for weather forecasts, and can display the current status of Fire and Police dispatches coming from ValleyCom Being able to monitor the traffic and snow condition within the CBD and along Tukwila International Blvd. was extremely beneficial and effective. When Washington State Department of Transportation closed SR -599 to through traffic and diverted all vehicles onto Tukwila International Blvd., the EOC was able to assess the situation and provide assistance where needed a Metro articulated bus and a semi -truck jackknifed causing an impassable situation. Police were dispatched quickly and snowplows /sanders were diverted to other arterials. The First Responder Team Fire, Police, and Public Works provided situation reports on conditions. The Mayor and Council President visited the EOC. The Public Works Director kept the Mayor informed of the situation throughout the storm. Even though a fully staffed EOC was not activated only Command Staff, Communications, and Operations were brought in the EOC quickly became crowded and noisy. Time was needed to obtain all of the charts, maps, power outlets, telephone lines, chargers for telephones, radios, and computers, and materials needed for sustained operations. Recommendation 1. The City should invest in a permanent EOC. Sufficient space and equipment would be provided. Sustained operations could be supported. Management Response: Emergency Management strongly supports this recommendation. Time would be saved and a more effective response and recovery could be provided. Y:'2009 IntoAtemos \Dec Winter Storm After Action Review 02 -23-09 oI.doc 2008 WINTER STORM AFTER ACTION REVIEW Page 4 Responsible Department: Public Works will continue to emphasize the need and include the requirement as part of the City's Capital Facilities Plan. B. Field Operations At 3:00 am on Thursday, December 18 road crews from the City's Public Works Department were called in to begin what would turn out to be 7 -days of 24 -hour, around the clock snow removal and sanding operations. In accordance with City policy and Public Works Snow Removal Operating Procedures, major arterials in the commercial and industrial areas received the road crews' initial attention. Because it was the final week of Christmas shopping, keeping both the Commercial Business District (CBD) roadways and roadways leading to the CBD open was the top priority. On December 18, all crews were placed on 12 -hour operational shifts. Plow /sander combinations were operated 24 -hours a day for the next seven days. Progress was made such that crews were able to spend Christmas with their families. Starting on December 26, 24 -hours operations were started to clear all residential streets. On December 28 all residential streets were passable and with the help of a warming trend were completely clear by December 29, 2008. A total of 7 streets were impassable because of steep slopes and the inability to stay ahead of the snow accumulation. Barricades and advance warning signs were installed to protect the public. The School District, Washington State Department of Transportation, Washington State Patrol, and King County Emergency Coordination Center were kept apprised of the closed roads. Information was posted on the City's web page, Cable TV Channel 21, and the City's radio station. At 2:00 p.m. on December 18, water crews were dispatched to 57 Avenue South /S. 144 Street area in response to a 10 -inch water main break. Crews quickly shut off the water, rerouted the supply and turned the water back on. No resident or business was without water longer than 1 -hour. Crews spent the next 6 -hours in freezing temperatures repairing the broken pipeline. The water main was completely repaired by 8:00 p.m. During the activation of the EOC on December 18, the First Responder Team made several operational decisions for safety reasons and to provide essential City services without any interruption: Note: These decisions stayed in effect throughout the storm period. 1. Fire Department brought in additional personnel to staff the aid car An aid car could more safely traverse streets than the ladder truck. 2. Fleet Management had installed chains on all patrol cruisers, fire apparatus, and key Public Works' vehicles; 3. Fleet Management was placed on a 24 -hour operational status in order to keep all safety vehicles and snow removal vehicles operational; 4 A plan was established to ensure that police and fire could access any place within the City if there were a life- threatening situation. On December 19 a power outage was experienced in the north end of the City When Seattle City Light restored power, only single -phase power was provided. The alarms at the Tukwila Community Center were activated. Through the quick action of staff from Parks and Recreation and Public Works, power to all motors, pumps, air handlers, and refrigerators was shut off to prevent damage. Once 3 -phase power was restored, Public Works Facility Staff spent the next 5 -hours resetting alarms and systems W'2009 InfoMerres \Dec Winter Storm After Action Review 02 -23 -09 el.doc 2008 WINTER STORM AFTER ACTION REVIEW Page 5 On January 7, 2009 the First Responder Team closed Interurban Avenue at approximately 11:30 p.m. because of a major landslide. The Public Works Director was called in to assess the stability of the hillside. From 11:30 p.m. until 3:00 a.m. there were 6 additional small slides. The hillside was considered unsafe and the roadway remained dosed and road crews were not allowed to cleanup the site because of the unsafe conditions. The Tukwila School District, Washington State Department of Transportation, and Washington State Patrol were notified of the road closure. The City's webpage, TV Channel 21, and the radio station were updated. HWA GeoSciences, Inc was brought in on January 8 to assess the stability of the hillside. A tree removal firm was brought in to remove 6 large trees from the top of the hillside that were deemed to be a safety hazard. It was not until approximately 5:00 p.m. that the hillside stabilized and cleanup could proceed. Interurban Avenue South was reopened to traffic at approximately 11:30 p.m. on January 8. Throughout the entire period, all essential City services were provided. All dispatches for Fire and Police aid were fulfilled. There were no storm related injuries, loss of life, or property damage reported. The Mayor, several Council Members, and Public Works staff received approximately 50 telephone calls from a minority number of residents demanding that their streets be plowed and trash and recyclables picked up. Residents employed a variety of excuses in an attempt to have their streets plowed some may have been valid, others were not. Snowplows were diverted from priority areas to accommodate some of these requests and demands Recommendation 1. Unless there is a life threatening situation, crews should not be diverted from priority snow removal routes in order to respond to less important requests. Management Response: Emergency Management concurs with this recommendation. After a review of field operations, it is estimated that the City's high standard of removing the snow from all streets could have been achieved 24 -hours earlier than actually accomplished The diversion of snowplows from priority areas in order to respond to "trouble spots" was ineffective and inefficient. Responsible Department: Emergency Management will prepare and disseminate an appropriate response to be used by all individuals that may receive telephone calls requesting service from residents and businesses. 2. Fleet Management should review the usage of key spare parts and equipment during the storm to ensure that proper inventory levels have been established. Management Response: Emergency Management concurs with this recommendation. As an example, heavy equipment will wear out a set of chains over 36 -hours of constant use. Snowplows take a heavy beating during removal operations and spare bottom blades and other parts need to be available. Because of the prolonged length of the storm and the number of cities being impacted, spare parts could not be readily obtained from dealers. Responsible Department: Public Works will take the lead in establishing the proper inventory level. W:2009 InfoLlerros\Dec Winter Storm After Action Review 02 -23 -09 gLdcc 2008 WINTER STORM AFTER ACTION REVIEW Page 6 C. Shelter Operations There were no requests for sheltering during the storm. D. Communications All First Responder communication systems 800 MHz; 155 MHz; and Nextel functioned flawlessly during the incident. During the activation of the Emergency Operations Center, a communication plan was created and kept in effect throughout the storm. At approximately 4:30 a.m. on December 19 and December 22, the Director of Emergency Management recommended that City facilities not open. The Mayor concurred. Department Heads were notified so that they could make arrangements for the provision of essential services and functions. A message was placed on the Employee Information Line. The City's web page, Cable Channel 21, and the radio station were updated with the closure information. Director of Emergency Management kept the School District appraised of road closures and the closure of City facilities. In addition, WSDOT, State Patrol, King County Emergency Coordination Center, City's web page, TV Channel 21, and the radio station were regularly updated with storm information and road closures. Recommendation 1 Prepare signs that read, "City of Tukwila offices closed due to inclement weather." Police post when the facilities are closed. Management Response: Emergency Management concurs. Responsible Department: Public Works will have the signs made. 2. Allow designated Public Works personnel to have limited, remote access to the Security Card Access System. This will allow the security system to be manually overridden. Currently, all City Hail and 6300 Building doors are on an automatic timing program. If City facilities are closed on a normal workday, then the doors can remain locked. Management Response: Emergency Management concurs. Responsible Department: IT Department and Public Works 3. Update the Employee Information Line no later than 10:00 p.m. of the day prior to closure. Management Response: Emergency Management does not concur. Accurate and current information is often times not available that far in advance for the Director of Emergency Management to make a recommendation to the Mayor. An attempt is made to update the Employee Information Line by 5:00 a.m. City employees should make an assessment of their own ability to get to work safely and act accordingly. W12C09 IntoMiemos \\Dec Winter Storm After Action Review 02 -23 -09 cI.ecc 2008 WINTER STORM AFTER ACTION REVIEW Page 7 E. Adequacy of City Facilities See discussion and recommendations associated with the Emergency Operations Center. F. Response and Recovery Costs Snow Removal and Cleanup (December 17 through December 31s Public Works: Overtime: $37,272.23 Sand /Salt: $13,341.33 Equipment Parts: $15,903.90 Lodging /Meals: 1,643.70 Fire Department: Overtime: $13,307.92 Police: Overtime: 4,783.25 Lodging /Meals 890.24 Landslide Cleanup (January 7 and 8 Public Works: Overtime: 6,362.58 Equipment Rental 2,058.68 Slope Stability Analysis 7,613.00 Tree Removal 7,630.00 Total Cost: $110.806.83 Recommendation 1. Gather and maintain accurate cost related data for the incident. Management Response: Emergency Management concurs. Responsible Department: Finance needs to establish an accounting process that easily captures all costs related to the incident. G. Public Expectations Expectations as to when and what will be done during the response and recovery phases do not coincide with what should be and can be accomplished. The City's high standard of personal attention and service to our residents during normal day -to -day operations has W \2009 Infob.lemos\Dec Winter Stern: After Action Review 02 -23 -09 ef.dcc 2008 WINTER STORM AFTER ACTION REVIEW Page 8 created an unreasonable and unattainable level of expectation for response during times of an emergency. The City has established priorities for restoring City services. These priorities have been validated and proven over time. Priorities are an absolute necessity because of limited resources. However, during an emergency, these priorities do not always respond to and satisfy the requests for service made by our residents. As the response and recovery time for an incident lengthens, the demand for personal attention increases and the tolerance level for inconveniences decreases. As an example, from December 17 through December 24, road crews were unable to keep up with the snowfall and concentrated all efforts on keeping the commercial and industrial areas and the major arterials open. It was not until December 26 that efforts could be directed to our residential neighborhoods. Trash pickups were suspended because Allied Waste vehicles could not safely get into the neighborhoods. Suspension of trash and recyclable pickups stretched to two weeks in some neighborhoods. Even though there was no health problem, the inconvenience associated with residents having to store the trash and recyclable materials became the major reason and theme of calls received by City staff. V. CONCLUSIONS Through the hard work of the First Responder Team, the winter storm, landslide, and follow -on flood watch proved to be an inconvenience for our residents, citizens, and businesses. There were no storm related injuries or property damage. Not a single City service was interrupted. Every dispatch for Fire and Police aid were answered. The City did an outstanding job in planning for, responding to, and recovering from the storm Once again, as long as the First Responder Team is able to handle the incident, the residents and this City are in extremely capable hands. However, as been shown numerous times before, Tukwila's residents are totally unprepared for and do not have the patience to shelter in place for any length of time. The City itself is unprepared for a sustained, major disaster that would require full mobilization of its emergency management organization. The Mayor and City Council need to address the difficult question of how to staff and fund the program, including adequate City facilities. Expectations as to when and what will be done during the response and recovery phases do not coincide with what should be and can be accomplished. The City's high standard of personal attention and service to our residents during normal day -to -day operations has created an unreasonable and unattainable level of expectation for response during times of an emergency. it has also lead to the general perception that there is no need for the individual family to be prepared to take care of itself for at least three days because the City will immediately take care of all of their needs. People have lost the ability to discern between what is a true emergency and what is just an inconvenience. There are items in this report that will need individual committee attention and City Council action before this report is closed Many things remain to be accomplished before Tukwila is prepared to respond to a major disaster. W InfoLiernos;Dec Winter Storm After Action Review 02 -23 -09 gl.dcc I Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - c.o.W. MEETING 3 - REGULAR MEETING 4 - c.o.W. . February 16th - Presidents' Day (CitlJ offices closed) 2 9 17 (Tuesday) 23 See agenda packet cover sheet for this week's agenda (Felmwry 23, 2009 Committee of the Jo\1wle Meeting) March 2 9 16 23 30th - Special Presentation: Special Presentations: Special Presentation: Fifth Monday of the Overview of 2008 and - Federal briefing on State of the City month-no Council goals for 2009 legislative issues presentation meeting scheduled (Julia Patterson, - State of the (S}urum H1I11stock, King County Council) Municipal Court Fill11l1ce Director) Public Hearing: Renewal of Sign Code moratorium Unfinished Business: - Renewal of Sign Code moratorium - Ordinance vacating a COMMlTIEE OF THE portion of right-of-way WHOLE MEETING TO along 13911 Tukwila BE FOLWWED BY A International Blvd. SPECIAL MEETIKG - Amendment to intedecal agreement for Conservation Futures for Duwamish Gardens - Agreement for the Riverton Creek Flap Gate project. - Ordinance regarding a franchise \vith Time Warner New Business: Motion to elect a Mayor Pro Tern April 6 13 20 27 Special Presentation: Update on Renton Area Youth Services (RAYS) Upcoming Meetings & Events FEBRUARY & MARCH 2009 23rd (l'>tondav) 24th (Tuesdav) 25th (Wednesdav) I 26th (Thursdav) I 27th (Fridav) I 28th (Saturdav) I > Cemffil:1F1.il.) > Utilities Cmte. ? COPCAB, ? I'kHmffig I Highwa)' 99 Mfaifs-& 5:00 PM 6:30 PM Commis:ioA ParlfS Cmte (CR #1) (CR #5) CANCELLED Trash Pickup Day 9:00 - 10:00 AM CANCELLED For location call Donna at ? City Council 206-242-5556 Committee of ~ Court I the Whole Mtg., 7:00 PM (Council Chambers) City Council Retreat (through ~Iarch 1st) 2nd (Mondav) 3rd (Tuesdav) 4th (Wednesdav) 5th Thursdav) 16th (Fridav) 7th (Saturdav) ? Transportation > Chamber of I ? Sister City ? Equity & Cmte, Commerce Cmte, Diversity 5:00 PM Gov't.& 6:30 PM Commission, (CR #1) Community (CR #3) 5:15 PM Affairs Cmte., (CR #3) Civil Service 12:00 NOON r (Chamber Commission, 5:00 PM Office) Dr. Seuss Night (CR #3) Celebrate Dr. Seuss' > Arts birthday with enter- tainment, arts and Commission. crafts, fun and games, ? City Council 5:00 PM food and more! Regular Mtg., (Community 7:00 PM Center) FREE FAMILY FUN! (Council 6:00 to 8:00 PM Sunday, March 8 Chambers) (Community Center) (at 2:00 ""1) ? Finance & Sponsored by Tukwi/a Daylight Saving Safety Cmte, Parks & Recreation. Time Begins 5:00 PM Tuka'i1a's Library rG~Pl (CR #3) AcA:isory Board, and Community Schools Col/aboraiion .~~ ,~,- ~ ~ Court I ? Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206-767-2342. ? Chamber of Commerce's Tulnvila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206-575-1633. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ? City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ?Ch'i1 Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206-433-/844. ? Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #3. V23/09 meeting has been cancelled. > COPCAB (Community Oriented Policing Citizens Ad\'. Board): 4th Wed., 6:30 P~l, Conf. Rm #5. Phi Huynh (206-433-7/75). > Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206-433-7175 > Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Sen~ces Office. Contact Stacy Hansen at 206-433-7181. ? Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Matej at 206-433-1834. )> Finance & Safety Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #3. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, TuI..'wila Community Center. Contact Chief Dave Haynes at 206-433-18/2. )>Human Seryices Adviso'1' Brd: 2nd Fri. of even months, 10:00 A\t, Human Services Office. Contact Evie Boykan at 206-433-7180. ? Human Services Proyiders: Quarterly, II :30 "'\1, TCC (2009 ~ 3120, 6119, 9!l8, and 12/4). Contact Stacy Hansen at 206-433-7181. )> Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206-767-2342. )> Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact StephOJlie Gardner at 206-767-2342. ? Planning CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta BNens at 206-431-3670. ? Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Be.... Willison at 206-433-1844. ? Transportation Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. > Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location yaries). Contact Pat Brodin at 206-433-1860. ? Utilities Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1. Agenda items for 2/24/09 meeting: (A) 2009 SIMer Infiltration and Inflow bid ffil'ard. (B) 2008 4th quarter report. ~ Court ~ Busy Court andior JUI)' Calendar (noted to alert employees and citizens of potential parking difficulty).