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HomeMy WebLinkAboutReg 2009-09-21 COMPLETE AGENDA PACKET Tukwila City Council Agenda REGULAR MEETING Jim Haggerton, Mayor Councilmembers• Joe Duffie Pamela Linder Rhonda Berry, City Adm in istrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn Monday, September 21,2009; 7:00 PM Ord #2249 Res #1690 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Washington Finance Officer's Association Professional Finance Officer's Award to PRESENTATIONS Shawn Hunstock, Finance Director. b. Tukwila School District English Language Learners Program; Dave Larson, Program Director. 3. PROCLAMATIONS/ A proclamation declaring September 26, 2009 as Pg.l APPOINTMENTS Mayor's Day of Concern for the Hungry. 4. CITIZEN At this time, you are invited to comment on items not included on this agenda (please COMMENT limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA I Approval of Vouchers. 6. BID Award a contract to Nordic Construction for the Macadam Road Bridge Soffit Repairs Pg.3 AWARDS project in the amount of $39,198.00. 7. PUBLIC HEARINGS A resolution declaring the intent of the City Council to consider the formation of a Pg.5 Local Improvement District (LID) to be known as Local Improvement District No. 33 for the purpose of improving urban access for the Southcenter area; and setting a public hearing date to consider the formation of Local Improvement District No. 33. 8. UNFINISHED a. A resolution declaring the intent to consider the formation of a Local Pg.5 BUSINESS Improvement District to be known as Local Improvement District No. 33, for the purpose of improving urban access for the Southcenter area and setting a public hearing date to consider formation of the LID. b. An ordinance adopting the 2006 State Building Code and the Washington Cities Pg.11 Electrical Code and establishing authority for hearing- related appeals. c. Authorize the Mayor to accept the United States Department of Justice COPS Pg.21 grant in the amount of $928,308.00, to include a City contribution of $1,014,444.00 over the next four years. d. A resolution declaring the property located at 5829 South 140 Street in Tukwila Pg.23 as surplus. e. Authorizing the Mayor to sign an Interlocal Agreement with the King County Pg.27 Flood Control Zone District for the opportunity to fund projects. f. An ordinance establishing new regulations regarding solid waste utility tax. Pg.29 g. Approval to relocate the offices of Seattle Southside Visitor Information Services Pg.37 to 3100 South 176"' Street, SeaTac, Washington. 9. NEW BUSINESS 10. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 11. MISCELLANEOUS 12. EXECUTIVE SESSION 13. 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 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. �il aY;�i ��0 i 4 :i �000� \i \1�� ;i;:41• Office of the Mayor Tukwila, Washington PRO CLAMATION WHEREAS the City of Tukwila recognizes adequate nutrition as a basic goal for each citizen; and WHEREAS, no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, food banks, emergency and hot meal programs working with the City of Tukwila, local churches, social service agencies, and hundreds of volunteers are striving day in and day out to stem the rising tide of hunger, but still need more help; and WHEREAS, we believe that when the citizens who are not involved hear of the especially desperate needs of the hungry as winter approaches and their low incomes must stretch to cover increasing fuel, electricity and rental costs leaving even less money for monthly food purchase an outpouring of community assistance will follow; and WHEREAS, the Emergency Feeding Program coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger, which will be held at grocery stores throughout King County; NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim Saturday, September 26, 2009: Mayor's Day of Concern for the Hungry in the City of Tukwila, and encourage all citizens to join the Emergency Feeding Program and our food b s to nourish those who are hungry. Signed this 7ri day of 2009. aggerto yor of Tukwila MTG. DATE 09/14/09 09/21/09 MTG. DATE 09/14/09 09/21/09 CAS NUMBER: V C 9 Z 6 COUNCIL AGENDA SYNOPSIS Meeting Date 09/14/09 09/21/09 No Attachments Initials Prepared by a. 1 Mayor's review 1 Council rrip/ BG 43.0 1 BG _./f4 I ITEM'. INFORMATION I ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 AGENDA ITEM TITLE Bid Award for Macadam Road Bridge Soffit Repairs RECORD OF COUNCIL ACTION Forward to Next Regular Meeting a'4, I. 14 i IP ATTACHMENTS Informational Memorandum dated 09/02/09 Vicinity Map Bid Tabulation Minutes from the Transportation Committee meeting of 09/08/09 ITEM NO. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/14/09 Mtg Date Mtg Date Mtg Date Mtg Date 09/21/09 Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs El DCD Finance Fire Legal P&R Police PTV SPONSOR'S This project will provide concrete bridge repairs to the Macadam Road Bridge, including SUMMARY removal of loose and spalling concrete, drilling through the bridge deck and concrete placement. The project was advertised for bids on August 19 and 26, 2009 and five bids were opened on September 2 with the low bid of $39,198.00 from Nordic Construction. Nordic Construction has successfully worked for the City in the past. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm Parks Comm. Planning Comm. DA'1 E: 09/08/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIrrEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $39,198.00 $65,000.00 $0.00 Fund Source: 104.01 ANNUAL BRIDGE INSPECTIONS REPAIRS (PG. 8, 2009 CIP) Comments: COUNCIL AGENDA SYNOPSIS C J ��11LA �,2 Marais ITEMNO O t t*., Meettn,g Date Prepared 1 Mayor's review Council ry}view 09/14/09 1 BG I ✓f-+t- 1 4441" a i 09/21/09 1 BG_ G'.'l I ✓L -c I i'iy!, ITEM INFORMATION CAS NUMBER. 09-129 'ORIGINAL AGENDA DATE. SEPTEMBER 14, 2009 AGENDA ITEM TITLE Resolution of Intent to Form a Local Improvement District (LID) for the Tukwila Urban Center Access (Klickitat) Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mt Date 09/14/09 Mtg Date Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date 9/21/09 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The first step of forming a Local Improvement District (LID) is adoption of a Resolution of SUMMARY Intent to Form a Local Improvement District. The Public Hearing for the Resolution is scheduled for September 21, 2009 and the Preliminary Assessment Roll will be presented at that meeting Once the Resolution is passed, notification will be sent to all property owners of their preliminary assessment amount that could be incurred if the LID is formed. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte El Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 09/08/09 RECOMMENDATIONS SPONSOR /ADMIN Public Works COMMT iEE 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 MTG DATE RECORD OF COUNCIL ACTION 09/14/09 Forward to Next Regular Meeting 09/21/09 MTG DATE ATTACHMENTS 09/14/09 Informational Memorandum dated 09/02/09 (revised afterTC) Draft Resolution Project Schedule Minutes from the Transportation Committee meeting of 09/08/09 09/21/09 Resolution in Final Form W:\ Word Processing Resolutions \Klickitat LID.doc CK:ksn 09 /15/2009 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE INTENT OF THE CITY COUNCIL TO CONSIDER THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT, TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 33, FOR THE PURPOSE OF IMPROVING URBAN ACCESS FOR THE SOUTHCENTER AREA; AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE FORMATION OF LOCAL IMPROVEMENT DISTRICT NO. 33. WHEREAS, the City Council of the City of Tukwila intends to order the improvements described in Exhibit A, attached hereto and incorporated by this reference as if set forth in full; and WHEREAS, the Council desires to form a local improvement district (LID) for the purpose of making said improvements fully described in Exhibit A; and WHEREAS, the date, time and place of a public hearing to consider the proposed local improvement district and improvements should be established; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Intent to Form LID. The City Council hereby declares its intent to form Local Improvement District No. 33 pursuant to the resolution method established in RCW 35.43.140 for the Tukwila Urban Access Improvement Project improvements, more particularly described in Exhibit A, attached hereto and incorporated by this reference as if set forth in full. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Pursuant to RCW 35.43.140, the nature and territorial extent of the improvement are set forth on Exhibit A. Section 2. Cost of Improvements. The cost and expense of all labor and material required to make a complete improvement, including legal, engineering, administrative, printing, costs of acquisition, and all other expenses of every kind, is approximately $10,500,000.00, and shall be paid from the special assessments against the property specially benefited by the improvements and from other funds legally available to the City for such improvements. A local improvement district shall be established embracing as near as may be all the property specially benefited by such improvement and such specially benefited property shall be assessed to pay all of the cost of such improvement under the mode of payment of bonds. Section 3. Public Hearing. A public hearing shall be conducted before the Tukwila City Council in the City Council Chambers located at City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on the 21st day of September, 2009 at the hour of 7:00 p.m., then and there to present their objections thereto, if any they have. NOTICE IS HEREBY GIVEN THAT THE ACTUAL ASSESSMENTS FOR THE LOCAL IMPROVEMENT DISTRICT MAY VARY FROM ASSESSMENT ESTIMATES SO LONG Page 1 of 4 AS THEY DO NOT EXCEED A FIGURE EQUAL TO THE INCREASED TRUE AND FAIR VALUE THE IMPROVEMENT ADDS TO THE PROPERTY. Section 4. Benefit Area. The City Engineer of the City of Tukwila is hereby directed to submit to the City Council at or prior to the day of the hearing, the estimated cost and expense of the proposed improvements together with a diagram or print showing thereon the lots, tracts, or parcels of lands or other property which will be especially benefited thereby. Section 5. Notices. The City Clerk is hereby directed to have this resolution published in two consecutive issues of the official newspaper of the City, with the first publication to be at least 15 days before the day fixed for the hearing. In addition, the City Clerk is hereby directed to give notice of the hearing upon formation of the Local Improvement District by mail at least 15 days before the day fixed for the hearing to the owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the County Assessor, directed to the address thereon shown. The notice shall set forth the nature of the proposed improvement, the estimated cost, the estimated benefits to the particular lot, tract or parcel, and the method of assessment described in Section 3 of this resolution. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A, Project Description Exhibit B, LID Boundary Map W:\ Word Processing\ Resolutions \Klickitat UD doc CKksn 09/15/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 4 CITY OF TUICWILA RESOLUTION OF INTENTION NO. EXHIBIT A PROJECT DESCRIPTION TUKWILA URBAN ACCESS IMPROVEMENT PROJECT (Local Improvement District 33) The Tukwila Urban Access Improvement Project consists of a grade separated structure using a partial lid over Southcenter Parkway, removing left turn/ through conflicting movements. The roadway will be widened on Southcenter Parkway with southbound lanes depressed under a lid structure accommodating both northbound and eastbound left turns with Klickitat Drive. Sidewalks will be included on the east side of the street as well as one new signal and interconnection of three signals to the City's Traffic Operation Control System. Included in all the preceding are: legal requirements, permits, licenses, reviews, and any and all other matters necessary for a complete improvement in accordance with City standards. W: \Word Processing\ Resolutions\ Klickitat LID.doc CK:ksn 09/15/2009 Page 3 of 4 CITY OF TUKW[LA RESOLUTION OF INTENTION NO. EXHIBIT B LID BOUNDARY TUKWILA URBAN ACCESS IMPROVEMENT PROJECT (Local Improvement District 33) W:\ Word Processing Resolutions Klickitat LID.doc CKksn 09 /15/2009 GIS Page 4 of 4 CAS NUMI31 {R: ExPINDITURI': REQUIRED $0 Fund Source: N/A Comments: MTG. DATE 09/14/09 MTG. DATE 09/14/09 09/21/09 Oq- I 1-1- COUNCIL AGENDA SYNOPSIS Lzitia /s Meeting Date Prepared by I Mayor's review 09/14/09 1 JP 1 09/28/09 1 JP I A ITEM INFORMATION ORIGIN, AG1ND;\ 09/14/09 Ac; I?NI).\ I1'I ?I\ITI"1LE Adoption of the Washington Cities Electrical Code Discussion Motion n Resolution Ordinance Bid Award Public Hearing n Other Mtg Date 09/14/09 Mtg Date Mtg Date Mtg Date 09/21/09 111tg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Ledal P &R Police PW Si )NS( )R'S As with all of the codes adopted by the state, the electrical code is revised, amended and SUMMARY re- published on a three year cycle. Consequently, it is important to update the City's adopted code to remain current with the State and with any amendments that the State adopts. This is necessary to ensure that our City regulations remain equal to or better than that which the State enforces. This is a prerequisite for a City to regulate electrical installations within its jurisdiction. RIC \']IAVI.D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. Planning Comm. DATE: 08/24/09 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMM1Y1T Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED $0 Council review J /;ii RECORD OF COUNCIL ACTION forward to Next Regular Meeting ATTACHMENTS Informational Memorandum dated 08/18/09 Ordinance in draft form Minutes from the Community Affairs and Parks Committe 8/24/09 Ordinance in Final Form ITEM NO. B. APPROPRIATION REQUIRED $0 City of Tukwila AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2121, 2157 AND 2171, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND CONSTRUCTION," ADOPTING THE 2006 STATE BUILDING CODE, AND THE WASHINGTON CITIES ELECTRICAL CODE; ESTABLISHING AUTHORITY FOR HEARING RELATED APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 19.27 RCW requires that all jurisdictions in the State shall enforce the State Building Code as adopted by the State Building Code Council, effective July 1, 2007; and WHEREAS, the International Building Code, International Residential Code, International Mechanical Code, International Fire Code and Uniform Plumbing Code are documents that are adopted by the State Building Code Council as parts of the State Building Code; and WHEREAS, the 2008 National Electrical Code has been adopted as the State Electrical Code; and WHEREAS, the City Council desires to adopt provisions for administration and enforcement of the State Building Code and the Washington Cities Electrical Code; and WHEREAS, the City Council desires to establish the City of Tukwila Hearing Examiner as the authority to hear and rule on appeals relative to the application and interpretation of the State Building Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.020 Modified. TMC 16.04.020, "Codes Adopted," is hereby modified by moving Electrical Code references to a separate section, to read as follows: 16.04.020 Codes Adopted Effective July 1, 2007, the following codes are adopted by reference as if fully set forth herein: 1. The International Building Code, 2006 Edition, and referenced standards hereto as published by the International Code Council, Inc., and as adopted by the State of Washington in Chapter 51 -50 WAC. The following Appendices, standards and amendments are specifically adopted: a. Appendix E, Supplementary Accessibility Requirements. b. ICC ANSI A117.1- 2003, American National Standard. c. Section 101.2 of the International Building Code, 2006 Edition, is amended to include Exception 2: Work performed by the City of Tukwila and located in City of Tukwila right -of -way; work performed by Washington State Department of Transportation and located in WSDOT right -of -way to include public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures; provided that any structures or buildings intended to be used as any W:\ Word Processing \Ordinances \Electrical Code.doc BB:ks■ 09 /15/2009 Washington Ordinance No. Page 1 of 7 occupancy classification of the State Building Code are not exempt from the provisions of this code. d. All sections and references to provisions in the ICC Electrical Code and ICC Plumbing Code are not adopted. e. Definition. Section 105.2, "Building," item 1, is amended to read: One- story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area does not exceed 120 square feet, and such structure is outside of and entirely separated from any existing building on the premises. f. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. g. Section 105.5 is amended as follows: 1) Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation, and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit; or after the work is commenced, if the work is suspended or abandoned at any time for a period of 180 days. 2) Extensions to permits. Any person holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the person is unable to commence work within the time required by this section. The Building Official may extend the time for action for a period not to exceed 180 days, provided that the request is in writing and shows that circumstances beyond the control of the permit holder have prevented action from being taken. No permit shall be extended more than once. 3) Renewals of expired permits. Before such work can be recommenced, a new permit shall be first obtained. The permit fee therefore shall be one half the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permittee shall pay a new full permit fee and plan review fee where applicable. h. Section 113.4, "Violations and Penalties," is amended to include: Any person, firm or corporation who shall willfully violate or fails to comply with a Notice and Order is liable for the monetary penalties prescribed in TMC 8.45.100(A2). 2. The International Residential Code for One and Two Family Dwellings, 2006 Edition, published by the International Code Council, Inc., as adopted by the State of Washington, provided that Chapters 11 and 25 through 42 of this code are not adopted. Energy code provisions are superceded by Chapter 51 -11 WAC; plumbing code provisions are superceded by Chapter 51 -56 WAC; electrical code is the NEC, NFPA 70 as adopted by the City of Tukwila. Appendix G, "Swimming Pools, Spas and Hot Tubs," is included in the adoption of the International Residential Code. However, W:\ Word Processing \Ordinances \Electrical Code.doc BB:ksn 09 /15/2009 Page 2 of 7 where there is conflict between Appendix G and TMC Chapter 16.25, the more restrictive provision shall apply, provided that the following amendment is applicable: a. Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation, and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit; or after the work is commenced, if the work is suspended or abandoned at any time for a period of 180 days. b. Extensions to permits. Any person holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, when the person is unable to commence work within the time required by this section. The Building Official may extend the time for action for a period not to exceed 180 days provided that the request is in writing and shows that circumstances beyond the control of the permit holder have prevented action from being taken. No permit shall be extended more than once. c. Renewals of expired permits. Before such work can be recommenced, a new permit shall be first obtained. The permit fee, therefore, shall be one half the amount required for a new permit for such work, provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permittee shall pay a new full permit fee and plan review fee where applicable. d. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, and as adopted by the State of Washington in Chapters 51 -56 and 51 -57 WAC, provided that Chapters 12 and Chapter 15 of this code are not adopted. Provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the Code addressing building sewers are not adopted. Appendixes A, B, D, and I of the Uniform Plumbing Code are hereby adopted by reference. Provided further, that the following amendments to the Uniform Plumbing Code are adopted: a. All reference to and definition of "authority having jurisdiction" is deemed to refer to and shall mean the "Building Official." b. UPC Section 103.4.5.1. The Building Official may authorize the refunding of any fee paid hereunder that was erroneously paid or collected. c. Water supply and distribution. Cross connection control for premises isolation related to the City's public water system shall be in accordance with the City of Tukwila Public Works Department's "Development Guidelines and Design and Construction Standards." Cross connection control for premises isolation related to water purveyors outside of the City of Tukwila water system shall be in accordance with that water purveyor's policies and standards. W: \Word Processing \Ordinances \Electrical Code.doc BB:ksn 09/15/2009 Page 3 of 7 d. Sanitary drainage. Side sewer, private sewer main extensions beyond a point defined in the plumbing code as the building drain, and required grease interceptors all within the City's sewer districts shall be in accordance with the City of Tukwila Public Works Department "Development Guidelines and Design and Construction Standards." Sanitary drainage, side sewers, private sewer main extensions beyond the building drain and grease interceptors outside the Tukwila sewer district shall be in compliance with that purveyor's policies and standards. e. Appeals. Section R112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 4. The International Mechanical Code, 2006 Edition, as published by the International Code Council, Inc., and as amended and adopted by the State of Washington in Chapter 51 -52 WAC. 5. The Washington State Ventilation and Indoor Air Quality Code, 2006 Edition; Chapter 51 -13 WAC. 6. The International Fuel Gas Code, 2006 Edition, Chapter 51 -52 -21000 WAC. Section 2. Ordinances Amended. Ordinance Nos. 2121, 2157 and 2171 are hereby amended to adopt a new Section 16.04.025 to read as follows: 16.04.025 National Electrical Code and Standards A. The 2008 Edition of the National Electrical Code (NFPA 70), including Annex A, B and C; the 2007 Edition of Standard for the Installation of Stationary Pumps for Fire Protection (NFPA 20- 2007); the 2005 Edition of Standard for Emergency and Standby Power Systems (NFPA 110- 2005); Commercial Building Telecommunications Cabling Standard (ANSI /TIA /EIA 568 -B.1 June 2002 including Annex 1 through 5); Commercial Building Standard for Telecommunications Pathway and Spaces (ANSI /TIA /EIA 569 -A -7 December 2001 including Annex 1 through 4); Commercial Building Grounding and Bonding Requirements for Telecommunications (ANSI /TIA /EIA 607 -A- 2002); and the Residential Telecommunications Cable Standard (ANSI /TIA /EIA 570 -B -2004) are adopted and shall be applicable within the City of Tukwila, as amended, added to and excepted in the Washington Cities Electrical Code, Part III, NEC Amendments. B. In accordance with RCW 19.28.010(3), where the State of Washington Department of Labor and Industries adopts a more current edition of the National Electrical Code (NFPA 70) the Building Official may supplement the use of the Washington Cities Electrical Code with newly- adopted editions of the National Electrical Code. Provided further, that the following administrative procedures are adopted: 1. The authority having jurisdiction within the City of Tukwila shall mean the Building Official, and shall include the Senior Electrical Inspector or other individuals as designated by the Building Official. 2. The authority having jurisdiction is hereby authorized and directed to enforce the provisions of this code and shall have the authority to render interpretations W: \Word Processing \Ordinances \Electrical Code.doc BB:ksn 09/15/2009 Page 4 of 7 of this code in order to provide clarification to its requirements, as permitted by Article 90.4, and to adopt policies and procedures in order to clarify the application of its provisions and the administration of this code. Where procedures are not specifically identified herein, Part 2 of the Washington Cities Electrical Code shall be referenced. 3. This code applies to new electrical installations. If an electrical permit application is received after the effective date of this code but is associated with a building permit application received prior to the effective date of the ordinance codified in this chapter, all applicable codes adopted and in force at the time of a complete building permit application will apply. 4. Lawfully installed existing electrical installations that do not comply with the provisions of this chapter shall be permitted to be continued without change, except as is specifically covered in this code or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard. 5. Additions, alterations or repairs to any building, structure or premises shall conform to that required of a new building, without requiring the existing building to comply with all the requirements of this code or amendments adopted by reference herein. Additions, alterations, installations or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder or branch circuit shall not result in an installation that violates the provisions of the Code in force at the time the additions are made. 6. When the use of any electrical equipment or its installations is found to be dangerous to human life or property, the Building Official shall be empowered to have the premises disconnected from its source of electric supply. When such equipment or installation has been so condemned or disconnected, a notice shall be placed thereon listing the causes for the condemnation, the disconnection, or both, and the penalty for unlawful use thereof. Written notice of such condemnation and the causes therefore shall be given within 24 hours to the owners, the occupant or both, of such building, structure or premises. It shall be unlawful for any person to remove said notice, to reconnect the electric equipment to its source of electric supply, or to use or permit to be used electric power in any such electric equipment until such causes for the condemnation or disconnection have been remedied to the satisfaction of the Building Official. 7. The authority having jurisdiction shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. 8. The authority having jurisdiction shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or equipment as set forth in this code. The Building Official shall be permitted to order any person(s) to remove or remedy such dangerous or hazardous condition or equipment. Any person(s) failing to comply with such order shall be in violation of this code. 9. Where the authority having jurisdiction deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this code be corrected. 10. To the full extent permitted by law, the authority having jurisdiction engaged in inspection work shall be authorized at all reasonable times to enter and examine any building, structure or premises for the purpose of making electrical inspections. Before entering premises, the authority having jurisdiction shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection, except in those instances where an emergency exists. As used in this section, emergency means circumstances that the authority having jurisdiction W:\ Word Processing Ordinances \Electrical Code.doc BB:ksn 09/15/2009 Page 5 of 7 knows or has reason to believe exist, and that reasonably can constitute immediate danger to persons or property. 11. The Building Official shall be permitted to require plans and specifications to ensure compliance with this code. 12. The authority having jurisdiction shall be permitted to waive specific requirements in this code, or permit alternative methods where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety. Technical documentation shall be submitted to the authority having jurisdiction, to demonstrate equivalency and that the system, method or device is approved for the intended purpose. 13. Each application for a waiver of a specific electrical requirement shall be filed in writing and shall be accompanied by such evidence, letters or statements to justify the request. Approval or denial of said request shall be in writing. 14. Application for a permit required by this code shall be made to the Building Official in such form and detail as prescribed by the Building Official. The Building Official shall have the authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations related to inspections, inspection approval and refund of fees. 15. Limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The Building Official is authorized to grant one extension of time for an additional period not exceeding 90 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. 16. Limitation of permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension for a period of not more than 180 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. 17. Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error, on the basis of incorrect, inaccurate, false representations or incomplete information; in violation of any ordinance, regulation, or any of the provisions of this code. A permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. 18. Payment of fees. A permit shall not be valid until the fees prescribed by ordinance have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 19. Schedule of permit fees. A fee for each permit shall be paid as required, in accordance with TMC 16.04.250(G). 20. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: a) The true intent of the code or ordinance has been incorrectly interpreted. b) The provisions of the codes or ordinances do not fully apply. W:\ Word Processing Ordinances Electrical Code.doc BB:ksn 09/15/2009 Page 6 of 7 c) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 21. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice Order issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice Order shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice Order shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. 22. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice Order is liable for the monetary penalties prescribed in TMC 8.45.100(A2). Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Processing \Ordinances \Electrical Code.doc BB:ksn 09/15/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 7 of 7 CAS NUMI R: 0 9- /0...5 AGENDA I1'I..rvITIILI COPS Hiring Grant COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review Council reuiey 09/14/09 MV I 4- 1 .'1h/ia 09/21/09 MV I .�z�t�"' Y !YYz�` Iv ITEM INFORMATION ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 ITEM NO. Discussion Motion Resolution Ordinance Bid Award 1 1 Public Hearing Other Mt Date 09/14/09 Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date 11 Its Date Mtg Date 1SP Council Mayor Adm Svcs DCD Finance Fire E Legal n P &R Police PJV SPONSOR'S The Department of Justice COPS Office has awarded the city $928,308 for wages and SV;M \L\RY benefits for three officers for 36 months. If the city accepts the grant, the city is obligated to fund the positions for an additional 12 months utilizing local funds. Staff and the Mayor's Office is proposing that we accept the grant and fund two officers and one sergeant position in accordance with the grant application. The Mayor must accept the grant no later than October 26, 2009. See the attached documents for more information. RI ?\'11'.WI?U BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. U Planning Comm. DATE: 09/09/09 RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPI?ND NUM ,Ri QUIRE) AMOUNT BUDGETED APPROPRIATION REQUIRED $1,942,752 $928,308 $1,014,444 Fund Source: TO BE IDENTIFIED DURING THE NORMAL BUDGET PROCESS OVER THE 4 YEAR GRANT PERIOD Comments: The amount budgeted is the grant award. The 2009 -2010 appropriation is $288,485 MTG. DATE RECORD OF COUNCIL ACTION 09/14/09 1Forward to Next Regular Meeting MTG. DATE ATTACHMENTS 09/14/09 Informational Memorandum dated 09/02/09 Copies of award and notification, terms and conditions, and financial memos from DOJ City of Tukwila budget worksheet 1 Community Oriented Policing Proposal New Hires 1 Copy of original application 1 Minutes from the Finance and Safety Committee meeting of 09/09/09 09/21/09 1No Attachments CAS NUMBER: AGENDA ITEM TITLE Resolution Declaring Surplus Property Howard Hanson Dam Flood Response Plan MTG. DATE 09/14/09 09/21/09 MTG. DATE 09/14/09 09/21/09 09- /a-1.0 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by g 1 09/14/09 BG 09/21/09 BG Vi'14 Mayor's review Council review ITEM INFORMATION I ORIGINAL AGENDA DA'1E: SEPTEMBER 14, 2009 ITEM NO. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/14/09 Mtg Date Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pi/ SPONSOR'S Declare the log cabin at 5829 S 140 St as surplus property by Resolution. The City SUMMARY previously rented out the residential structure which requires extensive repairs and could be a significant risk and liability to the City. The property is located at a low spot on the Duwamish River and could be used for a flood protection system that includes installation of sand filled wire baskets. Council is being asked to approve the Resolution to surplus the property, demolish the structure and install the flood protection system. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm Parks Comm. Planning Comm. DATE: 08/25/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE APPROPRIATION REQUIRED EXPENDITURE REQUIRED AMOUNT BUDGETED $0.00 $0.00 $0.00 Fund Source: 000.13.525.600 Comments: Council approved $50,000.00 for the Howard Hanson Dam Flood Response Plan. RECORD OF COUNCIL ACTION Forward to Next Regular Meeting ATTACHMENTS Informational Memorandum dated 08/18/09 (revised after UC) Vicinity Map Draft Resolution Minutes from the Utilities Committee meeting of 08/25/09 Resolution in Final Form A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE PROPERTY LOCATED AT 5829 SOUTH 140TH STREET IN TUKWILA AS SURPLUS. WHEREAS, the City of Tukwila owns real property at 5829 South 140th Street in Tukwila, Washington, also identified as King County Parcel Number 3365901016; and WHEREAS, the residential structure on the subject property is in very poor condition; and WHEREAS, the adjacent riverbank of the Duwamish River is a known low spot with flooding potential for the South 140th Street neighborhood, including the City of Tukwila's George Long Shops and part of Interurban Avenue South; and WHEREAS, TMC Chapter 2.64 provides for the disposition of surplus property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. The residential structure at 5829 South 140th Street in Tukwila, Washington, is hereby declared to be surplus. Section 2. Demolition of Surplus Structure. Staff is hereby authorized to proceed with the preparation of bid documents to advertise for construction bids to demolish the unsafe structure at 5829 South 140th Street in Tukwila, Washington. Standard bid advertisement and award procedures will be followed. Section 3. Flood Advance Measures Demonstration Project. Staff is hereby authorized to proceed with the installation of a demonstration project for an advance measures flood protection project that may include minor clearing, grading and installation of sand filled wire baskets. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney City of Tukwila Washington Resolution No. W:\ Word Processing Resolutions \Surplus residential structure.doc ksn 09/15/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 CAS NUMBER: SPONSOR SPONSOR'S SUMMARY EXPENDITURE REQUIRED $0.00 Fund Source: 412 SURFACE WATER FUND Comments: MTG. DATE I 09/14/09 09/21/09 MTG. DATE l 09/14/09 09/21/09 Meeting Date 09/14/09 09/21/09 09- No Attachments COUNCIL AGENDA SYNOPSIS Prepared BG BG Initudr ITEM INFORMATION Mayor's review I Counci ''ow I 1 l RECORD OF COUNCIL ACTION Forward to Next Regular Meeting ATTACHMENTS Informational Memorandum dated 08/21/09 (revised after UC) KCFCZD Interlocal Cooperation Agreement Minutes from the Utilities Committee meeting of 08/25/09 'ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 AGENDA ITEM TITLE King County Flood Control Zone District Interlocal Cooperation Agreement 2009 Annual Small Drainage Program ITEMNo. CATEGORY Discussion Motion El Resolution Ordinance Bid Award Public Hearing Other Mt Date 09/14/09 Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Council Mayor El Adm Svcs DCD Finance Fire Legal P&R Police PW The King County Flood Control Zone District (KCFCZD) was created in 2008 to address major river flooding. A portion of funding is allocated proportionally to each jurisdiction from which funds were collected. The amount of funding available per year to Tukwila is estimated at $44,000.00. For 2008 and 2009, a total of $87,823.00 will be used for two culvert replacement projects included in the 2009 Small Drainage Program. Council is being asked to approve the agreement to obtain reimbursement of the funding. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'I'S;: 08/25/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments.: MTG. DATE 9/14/09 9/21/09 Co UNCIL AGENDA SYNOPSIS Initials Meetin Date Prepared by 1 Mayor's review 1 Council review 09/14/09 SH L./1.4-Z- 09/21/09 iv, -hri ITEM INFORMATION RI a'IEWI?D BY n COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 9/9/09 RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE ExPI :NDITURI? REQUIRED AMOUNT BUDGETED MTG. DATE RECORD OF COUNCIL ACTION 9/14/09 I Forward to Regular Meeting with Amendment to Ordinance 9/21/09 ATTACHMENTS Informational Memorandum dated 9/1/09 Ordinance in Draft Form Projected Solid Waste Utility Tax Revenue spreadsheet Minutes from Finance and Safety Committee meeting of 9/9/09 Ordinance in Final Form with Suggested Changes by Council Underlined ITEM No. CAS NUMBIR: 09- J 3Q I ORIGINAL AGI,NDA DATE: SEPTEMBER 14, 2009 3G1:ND.\ I'1•I':M Tr An ordinance establishing new regulations implementing a solid waste utility tax. C.v1.1GORY Discussion Motion Resolution Ordinance Biel Award n Public Hearing Other i\Itg Date 09/14/09 Mtg Date tlitg Date Mtg Date 09/21/09 AItg Date illtg Date Mtg Date 1SP<)NSOR n Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police n P!V SPONSOR'S The ordinance creates regulations in new TMC Chapter 3.51 implementing a solid waste SUMMARY utility tax. The tax is being proposed at a rate of six percent for non residential customers only. The Council is being asked to approve the ordinance creating a solid waste utility tax. E Transportation Cmte Planning Comm. APPROPRIATION REQUIRED City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING SOLID WASTE UTILITY TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has determined the Financial Planning Model demonstrates there is projected to be a deficit balance in the General Government Funds by 2011; and WHEREAS, the City has availed itself of all appropriate revenue sources currently authorized, and has reduced expenditures by 3% in the General Fund; and WHEREAS, the basic City service levels could suffer a reduction without a new source of revenue; and WHEREAS, implementation of a solid waste utility tax measured by gross income from non residential customers is expected to generate sufficient revenue to maintain current levels of City services; and WHEREAS, the City Council has determined the public interest is best served by the implementation of a solid waste utility tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 3.51, "Solid Waste Utility Tax," is hereby established to read as follows: W: \Word Processing Ordinances Solid Waste Utility Tax.doc SH:ksn 09/15/2009 CHAPTER 3.51 SOLID WASTE UTILITY TAX Sections: 3.51.010 Solid Waste Utility Tax 3.51.020 Use and Accountability of Tax Proceeds 3.51.030 Definitions 3.51.040 Occupations Subject to Tax Amount 3.51.050 Tax Year 3.51.060 Exceptions and Deductions 3.51.070 Monthly Installments 3.51.080 Taxpayers' Records 3.51.090 Failure to Make Returns or to Pay the Tax in Full 3.51.100 Penalty for Delinquent Payment 3.51.110 Overpayment of Tax 3.51.120 Noncompliance Penalty 3.51.130 Appeal 3.51.140 Finance Director to Make Rules 3.51.150 Referendum Procedure Page 1 of 5 3.51.010 Solid Waste Utility Tax The tax provided for in this chapter shall be known as the "solid waste utility tax," and is levied upon the privilege of conducting a solid waste collection business within the City of Tukwila, effective October 1, 2009. 3.51.020 Use and Accountability of Tax Proceeds 1. All revenues collected pursuant to this chapter shall be deposited into the General Fund, and shall be used for the funding of City services or capital requirements as the Council shall direct through its biennial budget process. 2. In addition to the automatic annual review of the Financial Planning Model, the City Council will review the need for rate or other changes as part of the biennial budget process. 3. The City Council shall periodically reconsider the need for a Solid Waste Utility Tax given current economic conditions. 3.51.030 Definitions As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. 1. "Solid waste" means all putrescible and nonputrescible solid and semi -solid wastes, including but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction waste, abandoned vehicles or parts thereof, and recyclable materials. 2. "Solid waste collection business" means every person who receives solid waste or recyclable materials for transfer, storage, or disposal, including but not limited to, all collection services, public or private solid waste disposal sites, transfer stations, and similar operations. 3. "Person" means anv person. firm, corooration, association or entity of any tvoe engaged in a business subiect to taxation under this ordinance. 4. "Finance Director" means the Finance Director of the City of Tukwila, Washington, or his or her designee. 5. "Gross income" means the value proceeding or accruing from the performance of the particular business involved, including gross proceeds of sales, compensation for the rendition of services, and receipts (including all sums earned or charged, whether received or not) by reason of investment in the business engaged in (excluding rentals, receipts or proceeds from the use or sale of real property or any interest therein and proceeds from the sale of notes, bonds, mortgages or other evidences of indebtedness, or stocks and the like), all without any deduction on account of the cost of property sold, the cost of materials used, labor costs, taxes, interest or discount paid, delivery costs or any expenses whatsoever, and without any deduction on account of losses. 6. "Residential customers" means any customer of the solid waste collection provider for residential type customers of single family residential structures, including mobile homes and duplexes, tri- plexes and four plexes where each residential unit is billed individually, except that the term does not include multiple -unit residences with five or more attached or unattached units billed collectively. 7. "Non residential customers" means anv customer other than those identified as a "residential customer." W: \Word Processing\ Ordinances\ Solid Waste Utility Tax.doc SH:ksn 09/15/2009 Page 2 of 5 3.51.040 Occupations Subject to Tax Amount There is levied upon, and shall be collected from a person because of certain business activities engaged in or carried on in the City of Tukwila, taxes in the amount to be determined by the application of rates given against gross income as follows: Upon a person engaged in or carrying on the business of providing solid waste collection service, a tax equal to 6% for the calendar year 2009 and beyond of the total gross income from such business from all customers in the City, except residential customers, during the period for which the tax is due. 3.51.050 Tax Year The tax year for purposes of this solid waste utility tax shall commence October 1, 2009 and end December 31, 2009, and thereafter shall commence on January 1 and end on December 31 each year. 3.51.060 Exceptions and Deductions There is excepted and deducted from the total gross income upon which the tax is computed: 1. That part of the total gross income derived from business which the City is prohibited from taxing under the constitution or laws of the United States and the constitution or laws of the State of Washington. 2. Adjustments made to a billing or customer account in order to reverse a billing or charge that was not properly a debt of the customer. 3. Cash discounts allowed and actually granted to customers of the taxpayer during the tax year. 4. Uncollectible debts written off the taxpayer's books during the tax year. If subsequently collected, the income shall be reported for the period in which collected. 5. Gross income derived from residential customers. 3.51.070 Monthly Installments The tax imposed by TMC 3.51.040 shall be due and payable in monthly installments, and remittance therefor shall be made on or before the last day of the month following the end of the monthly period in which the tax is accrued. Annual returns for smaller entities may be allowed upon advance written approval from the Finance Director. On or before said due date, the taxpayer shall file with the Finance Director a written return upon such form and setting forth such information as the Finance Director shall reasonably require relating to the accurate computation and collection of this tax, together with the payment of the amount. 3.51.080 Taxpayer's Records Each taxpayer shall keep records reflecting the amount of the taxpayer's gross income on sales and services within the City, and such records shall be open at all reasonable times for the inspection of the Finance Director or his or her designee to verify information provided on any utility tax return or to determine whether such return is required to be filed. 3.51.090 Failure to Make Returns or to Pay the Tax in Full If a taxpayer fails, neglects, or refuses to make his, her or its return as and when required by this chapter, the Finance Director is authorized to determine the amount of the tax payable under provisions of TMC 3.51.040, and to notify such taxpayer of the W: \Word Processing\ Ordinances Solid Waste Utility Tax.doc SH:ksn 09/15/2009 Page 3 of 5 amount so determined. The amount so fixed shall thereupon be the tax and be immediately due and payable, together with penalty and interest. Delinquent taxes, including any penalties, are subject to an interest charge of 12% per year on the unpaid balance from the date any such taxes became due as provided in TMC 3.51.070. 3.51.100 Penalty for Delinquent Payment If a person subject to this tax fails to pay any tax required by this chapter within 15 days after the due date thereof, there shall be added to such tax a penalty of 10% of the amount of such tax. Any tax due under this chapter that is unpaid and all interest and penalties thereon shall constitute a debt to the City. The City may, at its discretion, pursuant to Chapter 19.16 RCW, use a collection agency to collect such taxes, interest and penalties owed or assessed, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. 3.51.110 Overpayment of Tax Money paid to the City through error or otherwise not in payment of the tax imposed by this chapter, or in excess of such tax shall, upon discovery, be credited against any tax due or to become due from such taxpayer hereunder, provided however, that overpayments extending beyond one year prior to notifying the City shall not be refunded. If such taxpayer has ceased doing business in the City, any such overpayment shall be refunded to the taxpayer. 3.51.120 Noncompliance Penalty A. No person subject to this chapter shall fail or refuse to file tax returns or to pay tax when due, nor shall any person make a false statement or representation in or in connection with any such tax return, or otherwise violate or refuse to comply with this chapter or with any rule promulgated pursuant to TMC 3.51.140. B. In addition to the interest and delinquent filing penalties set forth above, a willful violation of or failure to comply with this chapter is a civil infraction, subject to a cumulative fine of up to $250 for each day that a violation continues. All penalties imposed under this chapter shall constitute a debt to the City. The city may, at its discretion, pursuant to Chapter 19.16 RCW, use a collection agency to collect taxes, interest, and penalties owed or assessed pursuant to this chapter, or the City may seek collection by court proceedings, which remedies shall be in addition to all other remedies. 3.51.130 Appeal A taxpayer aggrieved by the amount of the tax, penalties, interest, or civil infraction fine determined to be due by the Finance Director or his or her designee under the provisions of this chapter may appeal such determination to the City of Tukwila's City Administrator or his or her designee. Taxpayers shall be required to remit the amounts determined to be due under this chapter prior to filing an appeal. 3.51.140 Finance Director to Make Rules The Finance Director shall have the power to adopt and enforce rules and regulations not inconsistent with this chapter or with the law for the purposes of carrying out the provisions thereof. 3.51.150 Referendum Procedure The provisions of this chapter are subject to the referendum procedure as follows: 1. A referendum petition seeking to repeal this ordinance shall be filed with the City Clerk, who shall be designated the person to receive petitions of all types, within W: \Word Processing Ordinances Solid Waste Utility Tax.doc SH:ksn 09/15/2009 Page 4 of 5 seven days of the passage by the City Council of this ordinance or publication thereof, whichever is later. 2. Within ten days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure. 3. The ballot title shall be posed as a question, so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten -day period. 4. After notification of the identification number and ballot title, the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than 15% of the registered voters of the City and to file the signed petitions with the City Clerk. 5. Each petition form shall contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the City Clerk shall cause the referendum measure to be submitted to the City voters at the next election within the City or at a special election as provided pursuant to RCW 35.17.260(2). Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Ordinances \Solid Waste Utility Tax.doc SH:ksn 09/15/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 5 of 5 CAS NU v1F1I;:R: CATEGORY SPONSOR SP( )NS( )R'S SUMMARY Fund Source: Comments.. MTG. DATE 9/14/09 MTG. DATE 09/14/09 09/21/09 09 131 ImmTITLE. Seattle Southside Visitor Center Lease Discussion Motion Resolution ibltg Date 09/14/09 Mtg Date 09/21/09 Mtg Date Council Ma Adm Svcs DCD ExPI ?ND1'1'URli RI;;QUTRI?D COUNCIL AGENDA SYNOPSIS Meeting Date 09/14/09 09/21/09 $0 Initials ITEM NO. Prepared by DCS DCS Mayors review COST IMPACT FUND SOURCE AMOUNT BUDGETED Council review ITEM INFORMATION !ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 Ordinance Bid Award Public Hearin; Other Mtg Date Altg Date i\Itg Date b'Ig Date Finance Fire Ledal U P &R Police PW The Seattle Southside Visitor Center lease term ended on 8/31/09. The City needs a new lease at the current location or a new location. After evaluating mutiple sites, staff recommends moving to a new location at 3100 South 176 Street in SeaTac. The Council is being asked to select a preferred location. Staff will then return to Council with a proposed lease. RI ;x' 11WI:D BY COW Mtg. CA &P Cmte ®F &S Cmte 111 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 9/9/09 RECOMMENDATIONS: SPONSOR /ADMIN. Office of the Mayor COMMrrrEE Forward to Committee of the Whole RECORD OF COUNCIL ACTION Forward to Next Regular Meeting ATTACHMENTS Informational Memorandum dated 9/3/09 Minutes from the Finance and Safety Committee meeting of 9/9/09 No Attachments e .1 APPROPRIATION REQUIRED $0 21st (Monday) Transportation Grate CANCELLED City Council Regular Mtg., 7:00 PM (Council Chambers) 28th (Monday) Community Affairs Parks Cmte, 5: 00 PM (CR #3) City Council Committee of the Whole Mtg. 7:00 PM (Council Chambers) 22nd (Tuesday) A Finance Safety Cmte, 5:00 PM (CR #3) City Council Special Mtg. (Work Session on Shoreline Master Program) 6:00 to 8:00 PM (Council Chambers) 29th (Tuesday) Utilities Cmte, 5:00 PM (CR #1) City Council Special Mtg. (Budget Workshop) 6:00 to 8:00 PM (Council Chambers) Upcoming Meetings Events SEPTEMBER OCTOBER 2009 23rd (Wednesday) A COPCAB, 6:30 PM (CR #5) ARE YOU FLOOD READY? Information for businesses in the Auburn, Kent, Renton and Tukwila areas Presentations from the US. Army Corps of Engineers, Puget Sound Energy, FEMA, and Washington State Business Continuity Planning 5:00 to 7:00 PM ShoWare Center 625 W. James St., Kent Please call Aubum Area Chamber of Commerce (253- 833 -0700) for reservations or more info. 30th (Wednesday) Court 24th (Thursday) A Planning Commission, Sign Code Work Session, 6:00 PM (Council Chambers) 1st (Thursday) Equity Diversity Commission, 5:15 PM (CR #3) 25th (Friday) 26th (Saturday) Tukwila Int'I. Blvd. Action Cmte's Trash Pickup Day 9:00 -10:00 AM For location contact Rick at rick@forschler. org 2nd (Friday) 3rd (Saturday) Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. City Council Regular Meeting: Ist 3rd Mon., 7:00 PM, Council Chambers at City Hall. A City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844. >Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175). A Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206- 433 -7175. A Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Stacy Hansen at 206 433 -7181. A 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 63. Agenda items for 9/22/09 meeting: a) Seattle Southside Visitor Center Lease, b) 2009 Unclaimed Property Report, c) A resolution opposing Initiative 1033, d) An ordinance and policy regarding utility leak adjustments, e) City Investment Update. >Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. )'Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. A Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 433 -1860. »Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. R* Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). MONTH MEETING 1- MEETING 2 REGULAR C.O.W. September 8 (Tuesday) 14 7th —Labor Day (City offices closed) October 5 November 2 11th Veterans Day (City offices closed) 26th Thanksgiving (City offices closed) 27th —Day after Thanksgiving (City offices closed) 30 Fifth Monday of the month no Council meeting scheduled Tentative Agenda Schedule Special Presentation: Community Schools Collaboration update Unfinished Business: Housekeeping code amendments 21 MEETING 3 REGULAR See agenda packet cover sheet for this week's agenda (September 21, 2009 Regular Meeting) 12 19 26 Public Hearing: Comprehensive Plan amendments Special Issues: Comprehensive Plan amendments Unfinished Business: Comprehensive Plan amendments 9 16 23 MEETING 4 C.O.W. 28 Snecial Presentation: Duwamish tribe update (Cecile Hanson) Proclamation: Proclamation declaring September 28, 2009 as Tukwila's First Nation Day Public Hearing: Housekeeping code amendments Special Issues: Housekeeping code amendments COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING