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Home My WebLink AboutCOW 2013-11-12 Item 4D - Ordinance - TMC Chapter 14.30.030 "Surface Water Management"COUNCIL A G hNDA SYNOPSIS Initials Meetin, Date Prepared b M 'r's review Calm '1 review 11/12/13 11/18/13 BG' j17( BG `M ITEM INFORMATION ITEM NO. 4D STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM TITLE Ordinance Updating Surface Water Management TMC Chapter 14.30.030 CATEGORY ® Discussion Mtg Date 11/12/13 SPONSOR ❑ Motion Mtg Date Council ❑ Mayor ❑ HR SPONSOR'S SUMMARY ❑ Resolution Mtg Date ® Ordinance Mtg Date 11/18/13 ❑ Bid Award Mtg Date ❑ DCD (l Finance ❑ Fire ❑ IT ❑ Public Hearing Mts Date ❑ P&R ❑ Other Mtg Date Pollee ® PJV This Ordinance will amend the Surface Water Management Ordinance No. 2274 as codified in Tukwila Municipal Code Chapter 14.30.030. As the definition of "conveyance system= includes rivers, this ordinance will revise the list of man -made features to include dikes, levees, and revetments. This change will clarify the intent of the surface water management ordinance to now include all drainage features in the City. Council is being asked to approve the Ordinance that will amend Ordinance No. 2274. (� COW Mtg. ❑ CA &P Corte ❑ F &S Corte ❑ Transportation Crate ®Utilities Corte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMILLEE CHAIR: JOE DUFFIE REVIEWED BY DATE. 11/04/13 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Majority Approval; Forward to Committee of the Whole EXPENDITURE REQUIRED $0.00 Fund Source: Comments: COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 MTG. DATE 11/12/13 MTG. DATE 11/12/13 11/18/13 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 11/01/13 Draft Ordinance Minutes from the Utilities Committee meeting of 11/04/13 69 70 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director DATE: November 1, 2013 SUBJECT: Ordinance to Update Surface Water Management Tukwila Municipal Code Section 14.30.030 ISSUE The current Surface Water Management Ordinance requires clarification of the definition of "conveyance system ". BACKGROUND The Surface Water Management Ordinance No. 2274 was last updated in 2010 to include regulations required to comply with the Clean Water Act and NPDES permits regulated by the Federal Environmental Protection Agency through the State Department of Ecology. One of the primary purposes of the Surface Water Management Ordinance is to "protect surface water conveyance systems and receiving waters from pollution, mechanical damage, excessive flows and other conditions that increase erosion and /or turbidity, siltation and other pollution, or endanger aquatic and benthic life within surface waters and receiving waters within the State;" (TMC 14.30.020 (2)). As defined in the Tukwila Municipal Code (TMC) "Conveyance system" means natural and man- made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features include swales, streams, rivers, lakes and wetlands. Man -made features include gutters, ditches, pipes and detention /retention facilities; (TMC 14.30.030 (6)). DISCUSSION Since the definition of conveyance system includes rivers, it is a logical step to revise the list of man -made features to include dikes, levees, and revetments, as shown in the attached strike - through and underline version of the proposed Surface Water Management Ordinance (TMC Section 14.30.030). This small change clarifies the intent of the ordinance to include all drainage features in the City of Tukwila. RECOMMENDATION The Council is being asked to approve this ordinance amending Tukwila Municipal Code, Chapter 14.30.030(6) by revising the definitions and consider this item at the November 12, 2013 Committee of the Whole Meeting and subsequent November 18, 2013 Regular Meeting. Attachments: Draft SWM Ordinance Section 14.30.030 Ildeptstorelpw cemmon$\pw engl projects la- dr projects\surface water & idde ordinances\2O13 swm definitions ordlinfo memo swm ord revisions 9.26.13.doc i1 72 D AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.30, "SURFACE WATER MANAGEMENT," TO CLARIFY REGULATIONS REGARDING SURFACE WATER MANAGEMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila ( "City ") regulates surface water within the City using the regulations set forth in Tukwila Municipal Code Chapter 14.30, "Surface Water Management "; and WHEREAS, the City Council deems it to be in the best interest of public safety, health and welfare for its citizens to amend existing surface water regulations to clarify the definition of "conveyance system "; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 14.30.030 Amended. Ordinance No. 2274 §1 (part), as codified at TMC Section 14.30.030, "Definitions," subparagraph 6, is hereby amended to read as follows: 6. "Conveyance system" means natural and man -made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features include swales, streams, rivers, lakes and wetlands. Man -made features include gutters, ditches, pipes, -and detention /retention facilities-, dikes, levees and revetments. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Conveyance system definition amended 14.7 -13 BG:bjs Page 1 of 2 73 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing ordinances \Conveyance system definition amended 10 -7 -13 74 BG:bjs Page 2 of 2 UTILITIES COMMITTEE Meeting Minutes November 4, 2013 — 5:00 p.m, — Conference Room 1 City of Tukwila Utilities Committee PRESENT Councilmembers: Verna Seal, Allan Ekberg (Absent: Joe Duffle) Staff: David Cline, Bob Giberson, Frank Iriarte, Gail Labanara, Pat Brodin, Robin Tiselunak, Peggy McCarthy, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Committee Member Seal called the meeting to order at 5:00 p.rn. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Repealing Tukwila Municipal Code (TMC) Section 14.04.320 Staff is seeking Council approval of an ordinance that would repeal Ordinance 2313, Section 1 in part as codified at TMC Section 14.04.320, thereby ending the transfer of public fire hydrant charges from the General Fund to the Water Department. To recoup the cost of operations and maintenance for public fire hydrants and service lines, the General Fund has been transferring $8,640 per month out of the Fire Department's budget to the Water fund. However, Substitute House Bill 1512, effective July 28, 2013, allows water purveyors to recover the cost of fire suppression water facilities from the customers that derive benefits from those facilities. This proposed ordinance will enable operations and maintenance costs to be applied to customer water rates. Water customers benefit from the availability of fire hydrants for reasons including personal and property safety, higher property values and lower insurance rates. The General Fund will realize annual savings of approximately $103,680.00. The Water Fund has sufficient reserves to cover the change for 2014. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. B. Ordinance: Amending Tukwila Municipal Code (TMC) 14.30.030, Surface Water Management Definitions Staff is seeking Council approval of an ordinance that would amend TMC 14.30.030(6), Surface Water Management Definitions, by revising the definition of "conveyance system" to include dikes, levees, and revetments. This housekeeping change clarifies the intent of the code to include all natural and man -made drainage features in the City. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Committee members and staff briefly discussed the Saturday, 11/2/13 storm. Meeting adjourned at 5:09 p.m. Next meeting: Monday, November 18, 2013 -5:00 p.m. — Conf. Room No. 1. G .. Committee Approval Minutes by LH. Reviewed by GL, 75