Loading...
HomeMy WebLinkAboutCOW 2008-01-28 COMPLETE AGENDA PACKET Tukwila City Council Agenda o:r Z COMMITTEE OF THE WHOLE ita sue af' Yro o Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder to\ Rhonda Berry, City Administrator Dennis Robertson Verna Griffin i908 Joe Duffle, Council President Kathy Hougardy De'Sean Quinn ss To be followed by a Special Meeting Monday, January 28, 2008; 7:00 PM Tukwila City Hall; Council Chambers 1 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL 2007 COPCAB Awards to a City of Tukwila citizen and a PRESENTATIONS Tukwila Police Department.employee. 3. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda (please 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. 4. SPECIAL ISSUES a. Discussion on technology options for the City Council. Pg.1 b. Interlocal Agreement for Minor Home Repair Program. Pg.5 c. Interlocal Agreement to provide tourism and marketing services Pg.15 to the City of Kent. d. A resolution creating a Sign Code Advisory Committee. Pg.21 e. An ordinance adopting 2008 Standard Specifications. Pg.27 f. An ordinance adopting WSDOT Access Permitting Standards Pg.35 for SR 181. g. Interurban Avenue Pavement Repair Bid Award. Pg.45 h. An ordinance adopting by reference RCW 9.16.260, Pg.51 "Cyberstalking." i. An ordinance adopting by reference RCW 9A.56.063, "Making Pg.57 or Possessing Motor Vehicle Theft Tools." j. An ordinance amending TMC Chapter 7.04, regarding the Pg.63 appeal process of a dangerous or potentially dangerous dog. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney l 6. MISCELLANEOUS 1 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2193 Res #1656 1 1. CALL TO ORDER 1 2. CONSENT AGENDA l Approval of Vouchers. 3. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerks 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. w COUNCIL AGENDA S YNOPSIS O J �s Z' Initials ITEM NO. ...t t P 1, j Meeting Date Prepared by Mayors review I Council review s ∎ss 0 01/28/08 I KAM 1 .A e I 1 I I V 1 1 1 Q ITEM INFORMATION CAS NUMBER. 08-005 I ORIGINAL AGENDA DA'L'E: JANUARY 28, 2008 AGENDA ITEM TITLE Technology options for use by the City Council. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 01/28/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Council will be discussing technology options available for their use for City- related SUMMARY business. This topic was discussed at the January 23 Finance and Safety Committee meeting. The Committee was in favor of forwarding it to full Council for discussion because of its impact on each individual. Council President Duffie agreed to add it to the January 28 COW for discussion. REVIEWED BY COW Ivltg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN Council President COMMI1 IEE Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE EXPI ,NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: Funding information unavailable at this time. For discussion only. MTG. DATE I RECORD OF COUNCIL ACTION I MTG. DATE I ATTACHMENTS 01/28/08 Attachment from IT outlining options for purchasing (Due to the shortened work week, Finance Safety Committee Minutes are pending) Council Technology Pricing Sample Configuration Prepared by: City of Tukwila IT Department January 24, 2008 Sample Configuration Laptop w/ 1GB RAM, WiFi, CD /DVD, 14.1" Screen 1 $1,000.00 8 $8,000.00 Includes Maintenance Warranty (3 Yrs)* MS Office Pro $400.00 8 $3,200.00 Sprint Cell Card (Free with subscription) $0.00 7 $0.00 Sprint Monthly Subscription (Per Year) $720.00 7 $5,040.00 Monitor 17" Flat Panel (add -on) $250.00 0 $0.00 Keyboard (add -on) $25.00 0 $0.00 Mouse (add -on) $25.00 0 $0.00 Docking Station (add -on) $200.00 0 $0.00 Portable Printer (add -on) $225 00 0 $0.00 'Case (Individual Purchase Petty Cash) N $50.00 0 $0.00 $16,240.00 Config Total $1,429.12 WSST $17,669.12 Grand Total Maintenance Manufacturer Warranty: Service Support 3 years warranty (Depot, not On- Site) Service Support Details Limited warranty parts and labor 3 years; Limited warranty battery -1 year iygs COUNCIL AGENDA SYNOPSIS 0 2 Initials ITEM NO. -.i C1�. 4 0 r 1 Meeting Date 1 Prepared by Mayor's review 1 review ti •;I 1 01/28/08 1 EB .i. ei 14.2/ 190 I I 1 1 1 I ITEM INFORMATION 1 CAS NUMBER: 08-006 I ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEili TrrLE Council authorization for the Mayor's signature on the interlocal agreement between the cities of Tukwila, SeaTac and Des Moines for the implementation of a Minor Home Repair Program. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date 2/4/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S This represents the second year of an agreement between the three cities to implement a SUMMARY Minor Home Repair program for low and moderate income residents. The City of Tukwila will serve as the fiscal agent for King County on behalf of the three cities. Funding comes from Federal Community Development Block Grant dollars. RI: \'HEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1/14/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the agreement COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED So Fund Source: CDBG Comments: MTG. DATE RECORD OF COUNCIL ACTION I 1/28/08 MTG. DATE ATTACHMENTS 1/28/08 Informational Memorandum dated 01/15/08 Draft Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 1/14/08 INFORMATION MEMO To: Mayor's OffyA Community and Parks From: Evie Boykauman Services Date: January 15, 2008 Subject: Proposed Interlocal Agreement between the City of SeaTac, Des Moines and the City of Tukwila for planning, funding and implementing a joint minor home repair program in 2008 ISSUE Tukwila, SeaTac, and Des Moines seek to enter into an agreement to deliver a jointly run minor home repair program for low and moderate income residents. The program is funded through the Community Development Block Grant funds. BACKGROUND Prior to 2006, our respective cities each had a contract with King County. In an effort to create administrative efficiencies the County requires larger and less contracts. In 2007 we were awarded $65,000 to cover minor home repair needs for SeaTac, Tukwila and Des Moines. Council supported submission of this proposal to King County in September 2007 for 2008. DISCUSSION /ANALYSIS /ALTERNATIVES Committee needs to review agreement and forward to full Council for discussion. RECOMMENDATION Recommend that Council supports the interlocal agreement and authorizes the Mayor's signature. Attachments: Interlocal agreement INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES MOINES, AND THE CITY OF TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR HOME REPAIR PROGRAM THIS INTERLOCAL AGREEMENT "Interlocal is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac "SeaTac the City of Des Moines "Des Moines and the City of Tukwila "Tukwila hereinafter referred to as "City" or "Cities," to provide for planning, funding, and implementation of a minor home repair program. WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities have the authority to engage in cooperative efforts that will result in more efficient use of government resources; NOW, THEREFORE, and in consideration of the terms, conditions, and performances made herein, it is agreed as follows: 1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement between the Cities to consolidate the funding process and implementation of a minor home repair program. This Interlocal will increase the efficiency of administering the program while decreasing administrative costs. 2. Responsibilities. A. Tukwila's Duties. 1) Contract and act as the fiscal and administrative agent with King County for the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila and SeaTac. 2) Maintain required documentation and prepare required reports for King County consistent with the County's requirements regarding the use of Community Development Block Grant funds. 3) Maintain accounts and records that properly reflect transactions related to this Interlocal. 4) Responsible for reimbursing participating cities and submitting required paperwork to King County. Joint Human Services Application and Funding MOU Page 1 of 5 5) Responsible for the implementation of the minor home repair program within Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and King County. 6) Review and pay invoices for any services performed in Tukwila pursuant to this Interlocal. 7) Reimburse SeaTac and Des Moines on an as received basis for any invoices received pursuant to this Interlocal. B. SeaTac's Duties 1) Responsible for the implementation of the minor home repair program within SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in SeaTac pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. C. Des Moines' Duties 1) Responsible for the implementation of the minor home repair program within Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Des Moines pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. D. Cities' Joint Duties 1) Subcontract with an agency /contractors that will perform qualified home repairs in Tukwila, SeaTac and Des Moines in accordance with King County's Block Grant program and applicable city policies. 2) No City shall use more funds than have been annually allocated to it by King County for a minor home repair program. However, if a City is unable to spend its portion of the funds by the 3 1-d quarter of the year for which the funds were allocated, the Cities may mutually agree to shift those funds to another City that has an on -going demand for minor home repair. 3. Duration. This Interlocal shall become effective when it is approved by the Cities and shall remain in effect on an ongoing basis so long as funds are available for the minor home repair program. Joint Human Services Application and Funding ILA Page 2 of 5 4. Termination. Any City may terminate this Interlocal without cause by giving the other Cities a thirty -day written notice. The terminating City shall remain fully responsible for meeting its funding responsibilities to date up to the point of termination and other obligations established by this Interlocal through the end of the calendar year in which such notice is given. 5. Notices. Notices to the Cities shall be sent to the following persons: City Contact SeaTac Human Services Coordinator, currently Colleen Brandt Schluter 4800 S. 188 Street, SeaTac, WA 98188 206.973.4815; cbschluter @ci.seatac.wa.us Des Moines Code Enforcement Officer, currently Nancy Ulrich 21630 1 1th Ave S, Suite D Des Moines, WA 98198 -6398 206 870 -6558 nuhrich@desmoineswa.gov Tukwila Human Services Manager, currently Evelyn Boykan 6200 Southcenter Blvd, Tukwila, WA 98188 206.433.7180; eboykan @ci.tukwila.wa.us 6. Indemnification. Each City agrees to indemnify the other City from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation arising out of claims by third parties for breach of contract, property damage, and bodily injury, including death, caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this Interlocal. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington Y t3' gton for claims of any type brought by any City agent or employee against the other City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 7. Insurance. Each City shall procure and maintain in full force throughout the duration of the Interlocal comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event that a City is a member of a pool of self insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater than that required of non -self insurance pool member Cities. 8. Applicable Law; Venue: Attorney's Fees. This Interlocal shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Joint Human Services Application and Funding ILA Page 3 of 5 9. Counterparts. This document may be executed in any number of counterparts, each of which shall be considered an original. 10. Amendment or Modification. This Interlocal may be amended or modified in writing with the mutual consent of the Cities. IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this day of 2008. CITY OF SEATAC CITY OF TUKWILA By: By: Craig Ward, City Manager Steven M. Mullet, Mayor Date: Date: Attest: Attest: [Printed Namel [Printed Namel Title: Title: Approved As To Form: Approved As To Form: Mark S. Johnsen, Sr. Assistant City Attorney Shelley M. Kerslake, City Attorney CITY OF DES MOINES By: Tony Piasecki, City Manager Date: Attest: [Printed Namel Title: Approved As To Form: Pat Bosmans, City Attorney Joint Human Services Application and Funding ILA Page 4 of 5 EXHIBIT A To Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home Repair Program CALENDAR YEAR 2008 Name of Agencies 1 Participating Cities Tentative Funding Total Home Improvement and qualified Tukwila Lead City $25,044 contractors Des Moines 821,044 SeaTac $26,044 TOTAL $72,132 Joint Human Services Application and Funding ILA Page 5 of 5 City of Tukwila i Community Affairs and Parks Committee cA al 1908 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes January 14, 2008 5:00 p.m.; Conference Room #5 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Bruce Fletcher, Evie Boykan, Jack Pace, Brandon Miles, Rhonda Berry, Derek Speck and Kimberly Matej Guests: Chuck Parrish, Chris Slatt, Steve Beck, Michelle Ferrell and Jamie Durkin CALL TO ORDER: Chair Hernandez called the meeting to order at 5:01 p.m. I. PRESENTATIONS A Starfire Sports presentation made under Business Agenda Item C. II. BUSINESS AGENDA A. Interlocal Agreement for Minor Home Reoair Program At the May 21, 2007, Regular Council meeting, Council authorized Mayor Mullet to sign an application for a Community Development Block Grant for 2008 Minor Home Repair. If received, this grant would be administered by the City of Tukwila and would serve the communities of Tukwila, SeaTac and Des Moines (also see CAP minutes dated May 15, 2007). Grant monies have been appropriated and staff is now seeking approval to enter into an Interlocal Agreement between the Cities of SeaTac, Des Moines and Tukwila for the planning, funding and implementation of a joint minor home repair program in 2008. In an effort to improve administrative efficiencies and reduce contracts, the granting agency (King County) has required larger financial contracts and use of limited fiscal agent which is why the three cities have submitted the grant together through one fiscal agent (Tukwila). Targeting low and moderate income homeowners, the Minor Home Repair program served 25 unduplicated Tukwila homes in 2007 and a total of 45 unduplicated households within the three cities. A total of 740 hours were spent on repairs including electrical, plumbing, carpentry and roofing. Terms of the interlocal agreement are almost identical to last year, with the exception that the agreement will be self renewing as long as grant funds continue to be received. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. B. Resolution for Creation of the Sian Code Advisory Committee for Sian Code Update In 2007, a joint meeting of City Council and Planning Commission was held to introduce the Sign Code Update process. Staff is ready to move forward with the formation of the Sign Code Advisory Committee and begin the update /revision process of the Sign Code. It is anticipated that the Advisory Committee will complete its recommendations by September 1, 2008. Staff is seeking full Council approval of a resolution which will create and provide specific functioning of a Sign Code Advisory Committee. Additionally, the resolution calls for public participation in the process of creating a new sign code for the City. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. `,N►La, COUNCIL AGENDA SYNOPSIS W c,r Initialr ImMNo. o Q P'�4 Meeting Date I Prepared by 1 Mayor's review Council revzew -4 t=p' I 01/28/08 DCS 1 �j kw/ Li ITEM INFORMATION CAS NUMBER: 08-007 I ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TITLE Interlocal agreement between City of Tukwila and City of Kent for tourism services CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other Mtg Date 1/28/08 Mtg Date 2/04/08 Mtg Date Mtg Dote Mtg Date Mtg Date Mtg Date !SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S Seattle Southside Visitors Services (SSVS) has an agreement to provide tourism marketing SUMMARY services to the City of Kent. The agreement expired in 2007 and is ready to be renewed. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte El Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve COMMIT1I E Unanimous Approval; forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: CITY OF KENT LODGING TAX Comments MTG. DATE I •:RECORD OF COUNCIL ACTION 1/28/08 MTG. DATE I. ATTACHMENTS 01/28/08 Informational Memorandum dated 01/16/08 Draft Interlocal Agreement (Due to the shortened work week. Finance Safety Committee Minutes are pending) TO: Mayor Finance and Safety Committee FROM: Tourism Marketing Program Manager DATE: January 16, 2008 SUBJECT: Interlocal Agreement with the City of Kent for Tourism Services ISSUE This agenda item is to approve an interlocal agreement for Seattle Southside to provide tourism and marketing services to the City of Kent. BACKGROUND In 2004 the City of Kent entered into an agreement with Seattle Southside Visitor Services (SSVS) to purchase tourism and marketing services for the purpose of increasing awareness of Kent as a travel destination. SSVS is a cooperative tourism and marketing program between the cities of Tukwila and SeaTac and administered by the City of Tukwila. SSVS also provides marketing services to the cities of Kent and Des Moines. The agreement with Kent had a three -year term that expired on December 31, 2007. It is time to renew the agreement. DISCUSSION The proposed agreement is very similar to the previous one. The most substantial change is the contract term, which is for one year commencing on January 1, 2008. It shall renew for subsequent one -year terms unless otherwise terminated for cause or with 60 days notice. (See sections 4 and 6.) Kent's payment to SSVS will remain the same at $120,000 per year. The City's Lodging Tax Advisory Committee has reviewed the opportunity and recommends that it be renewed. FISCAL IMPACT Kent's annual operating budget of $120,000 was approved for SSVS in 2008. Both City Councils review this program annually as part of the Cities' regular budget process. This proposed agreement is already reflected in the City of Tukwila's 2008 budget and no additional budgetary authority is necessary. ATTACHMENTS Proposed Interlocal Agreement for Tourism and Marketing Services between Seattle Southside Visitor Services and the City of Kent. RECOMMENDATION Authorize Mayor to sign the proposed interlocal agreement. A FT INTERLOCAL AGREEMENT FOR TOURISM AND MARKETING SERVICES BETWEEN SEATTLE SOUTHSIDE VISITOR SERVICES AND CITY OF KENT THIS INTERLOCAL AGREEMENT "Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between Seattle Southside Visitor Services "SSVS and the City of Kent "Kent RECITALS WHEREAS, SSVS is a cooperative tourism and marketing program between the cities of Tukwila and SeaTac, administered by the City of Tukwila; WHEREAS, Kent desires to acquire professional tourism and marketing services for the purpose of increasing awareness of Kent and its surrounding areas as tourist destinations; and WHEREAS, SSVS is willing to expand the scope of its existing tourism and marketing services to include Kent; NOW THEREFORE, in consideration of the mutual covenants contained in this agreement, the parties agree as follows: AGREEMENT 1. PURPOSE. The purpose of this Agreement is to include Kent in SSVS's tourism marketing program to promote tourism in Kent. 2. SCOPE OF SERVICES. SSVS agrees to provide the following tourism marketing services to Kent: a) Incorporate Kent's tourism businesses into the existing SSVS Tourism Networking Committee for the purposes of creating awareness, support, and participation in SSVS's various marketing activities. b) Facilitate input from Kent's tourism businesses for the purposes of developing, implementing, and evaluating annual marketing activities. c) Attend Kent's Lodging Tax Advisory Committee meetings. d) Submit quarterly reports to Kent's Lodging Tax Advisory Committee regarding marketing budget information, implementation schedules, and marketing strategies. e) Implement annual marketing and media plans incorporating Kent's tourism businesses. INTERLOCAL AGREEMENT FOR TOURISM AND MARKETING SERVICES 1 f) Incorporate Kent hotels, major tourist attractions, and Kent sponsored events and venues into SSVS's vacation planner, website, coupon book, and restaurant concierge book. Shopping destinations, restaurants, tourist attractions, and other tourism businesses located in Kent will be offered the opportunity to be included in these materials at their own cost. g) Create and distribute tourism materials, including but not limited to those identified in subsection (t) above, regarding Kent's tourism businesses. This scope of services shall not include implementation of Kent specific tourism projects. At such time as Kent and SSVS mutually agree, SSVS may advise or assist Kent, or with Kent's prior approval, the Kent Chamber of Commerce, regarding Kent specific projects (including sport tournament bids and Kent's specific lodging website: www.kenthotels.org, etc.). 3. COMPENSATION. Kent shall pay an amount not to exceed $120,000.00 per year to be paid in monthly installments of $10,000.00. SSVS shall invoice Kent monthly with payment to be made within days of Kent's receipt of SSVS's invoice. 4. TERM. The term of this Agreement shall be for one year commencing on January 1, 2008. The Agreement shall renew for subsequent one year terms until terminated as set forth in paragraph 6 below, if SSVS first gives written notice to renew at least sixty (60) days before the end of the current term, and if Kent provides its approval of the renewal request before the end of the current term. 5. RECORDS. SSVS shall maintain or cause to be maintained books of accounts concerning the services provided under this Agreement, in which books shall be entered, fully and accurately, each transaction pertaining to this Agreement. All the books will be open during normal business hours for inspection and examination by Kent. 6. TERMINATION. SSVS or Kent may terminate this Agreement in writing, with or without cause, upon giving at least sixty (60) days advance written notice. The terminating party shall be liable for its share of financial obligations entered into on its behalf prior to termination, including but not limited to rent obligations and media buys. 7. OWNERSHIP. SSVS shall maintain ownership of all property acquired pursuant to this Agreement. 8. AMENDMENT. This Agreement may be amended or modified in writing at any time with the mutual consent of both parties. 9. HOLD HARMLESS. SSVS and Kent agree that each party shall defend, indemnify, and hold harmless the other party and its officers, officials, agents employees, and volunteers from any and all claims, injuries, actions, damages, losses or suites including reasonable attorney's fees, which arise out of or are connected with any errors, omissions, or negligent acts in the performance of this Agreement. INTERLOCAL AGREEMENT FOR TOURISM AND MARKETING SERVICES 2 10. ADMINISTRATOR. The Administrator listed below shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. SSVS: Kent: Katherin Kertzman, Prg. Dir. Ben Wolters, Econ. Dev. Direct 1 14220 Interurban Ave. S. #130 220 4 rn Ave. S. Seattle, WA 98168 Kent, WA 980320 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, which shall become effective on the last date entered below. c4 Z-kW I3aggerton, Mayor Suzette Cooke, Mayor Dated: Dated: Attest: Attest: Jane Cantu, City Clerk Brenda Jacober, City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney r•cu Dle.'4po gk n- li.i�5SVSInerlon1Ag]1.0.Redlia do. INTERLOCAL AGREEMENT FOR TOURISM AND MARKETING SERVICES 3 J�W1LA, COUNCIL AGENDA SYNOPSIS s y Initials ITEM No. isti k IG Meeting Date 1 Prepatld a Mayor's review 1 Council review 1 t si i o 01/28/08 1 JP A4(.. I% 1 1 isos I I 1 I I 1 ITEM INFORMATION CAS NUMBER: 08-008 I ORIGINAL AGENDA DA LE: JANUARY 28, 2008 AGENDA ITEM TITLE Resolution Creating Sign Code Advisory Committee CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date Mtg Date 2/4/08 MIS Date Mtg Date Mtg Date Mtg Date SPONSOR Council 111 Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Resolution creating the "Sign Code Advisory Committee The purpose of the Sign Code SUMMARY Advisory Committee is to start the creation of the legislative record. It will also provide an opportunity for debate and issue resolution with affected parties prior to the creation of the draft code and the formal public review process. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1/14/08 RECOMMENDATIONS: SPoNsoR /ADM1 I. Approval CommrrTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE 1 RECORD OF COUNCIL ACTION 9/4/07 1 Sign Code Briefing to the Council MTG. DATE ATTACHMENTS 1/28/08 Informational Memorandum from Staff dated 1/22/08 Resolution in draft form Minutes from the Community Affairs and Parks Committee meeting of 1/14/08 ..y Cit Of Tuki v la OI J Jim Haggerton, Mayor 1 6 Department of Community Development Jack Pace, Director X TO: Mayor Committee of the Whole FROM: Jack Pace, Director RE: Resolution Creating the "Sign Code Advisory Committee" DATE: January 22, 2008 In 2007, Planning staff provided a briefing to the Planning Commission and City Council on the proposed plan to update the City's sign code. Planning staff had suggested the creation of a special Committee to assist in the update. The purpose of the Committee is to start the creation of the legislative record and to provide an opportunity for debate and issue resolution with affected parties prior to the creation of the draft code and the formal public review process. Upon completion of the Committee's work, staff will finalize a draft code that will be presented to the Planning Commission and City Council for their review. The attached proposed resolution authorizing the Advisory Committee provides specifics on: Responsibilities; Committee Make -Up; Staffing; Keeping of the Record; Meetings; and Schedule Community Affairs and Parks (CAP) Committee reviewed the proposed resolution at their January 14, 2008 meeting. CAP unanimously approved the resolution and forwarded the resolution to COW for consideration. Next Sten Staff recommends that the draft resolution be reviewed and forwarded to the February 4, 2008 Regular Meeting for possible adoption. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CALLING FOR THE CREATION OF A SIGN CODE ADVISORY COMMITTEE, AND CALLING FOR PUBLIC PARTICIPATION IN THE CREATION OF A NEW SIGN CODE FOR THE CITY. WHEREAS, the City of Tukwila recognizes that signs are vital to the continued commercial success of businesses within the City; and WHEREAS, the City's current sign code was written in 1982 and the City wishes to update its sign code to reflect current and anticipated future development patterns, as well as technological changes in the sign industry; and WHEREAS, because a city's sign code has a significant impact upon the community, the City Council desires to include Tukwila residents, businesses and property owners in the update process; and WHEREAS, the City Council finds that the subject of sign regulations does not readily fit the City's standing committee structure, and believes the updating process requires a special approach in order to craft an appropriate sign code for Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Sign Code Advisory Committee. A Sign Code Advisory Committee, hereafter referred to as the "Committee," is formed to advise in the development of a new sign code for the City. Section 2. Committee's Responsibilities. A. The Committee shall be advisory on substantive issues related to the sign code revisions. These issues include but are not limited to types of signage, placement /location of signs, design of signs, temporary signs, off -site signs, billboards, animated /electronic /holographic signs, and non conforming signs. B. In consideration of time, the Committee shall not address the issues of code administration, appeals, enforcement, and non aesthetic construction requirements of the new sign code. Section 3. Committee Makeup. A. The Committee shall be comprised of two Councilmembers, to be determined by the Council President; one Planning Commissioner, to be determined by the Mayor; three citizens -at- large, to be determined by the Mayor; and two business representatives, to be determined by the Mayor. B. All Committee members shall have equal standing on the Committee. The Committee shall serve as an advisory body. General consensus should be obtained by the Committee on matters related to the new sign code. C. A quorum of the Committee shall not be required. C:\Documents and Settings\AlI Users\ Desktop \Kelly\MSDATA\Resolutions\Sign Code Advisory Committee.doc BM:ksn 1/74/2008 Page 1 of 2 Section 4. Chair. The senior Councilmember appointed to the Committee shall serve as the Chair. The Chair shall strive to be neutral and be responsible for presiding over all meetings, directing the process, and helping the Committee to arrive at consensus. Section 5. Committee Staffing. A. The Department of Community Development, hereafter referred to as "DCD," shall be responsible for staffing all Committee meetings. Other City Departments may be called to provide information to the Committee. DCD shall prepare issue papers, as necessary, to be presented to the Committee. B. DCD shall have the sole responsibility of drafting the actual code language after consulting and discussing pertinent issues with the Committee. Section 6. Record. In order to ensure that a proper record is kept, all meetings of the Committee shall be recorded by staff. All documents and items that go before the Committee shall be part of the legislative record. Section 7. Meetings. The Committee shall strive to limit its meetings to a total of 12 meetings, with the first meeting being devoted to organization and administrative functions of the Committee. The Committee shall determine a regular meeting date, time and place. All Committee meetings shall be open to the public. The Committee and DCD shall attempt to reach out to groups that may have an interest in sign issues and invite them to observe and provide pertinent discussion on signage issues. Section 8. Schedule. The Committee shall conclude its recommendations by September 1, 2008 (or sooner). The Committee shall have an opportunity to discuss their recommendations at a joint meeting of the City Council and Planning Commission. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Joe Duffie, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: C:\Documents and Settings\All Users Desktop \KeUty\MSDATA\Resolutions' Sign Code Advisory Committee.doc BM:ksn 124200S Page 2 of 2 st OVILA r o City of Tukwila 0 i o Community Affairs and Parks Committee 1908 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes January 14, 2008 5 :OO p.m.; Conference Room #5 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffm and De' Sean Quinn Staff: Bruce Fletcher, Evie Boykan, Jack Pace, Brandon Miles, Rhonda Berry, Derek Speck and Kimberly Matej Guests: Chuck Parrish, Chris Slat, Steve Beck, Michelle Ferrell and Jamie Durkin CALL TO ORDER: Chair Hernandez called the meeting to order at 5:01 p.m. I. PRESENTATIONS A Starfire Sports presentation made under Business Agenda Item C. II. BUSINESS AGENDA A. Interlocal Agreement for Minor Home Repair Program At the May 21, 2007, Regular Council meeting, Council authorized Mayor Mullet to sign an application for a Community Development Block Grant for 2008 Minor Home Repair. If received, this grant would be administered by the City of Tukwila and would serve the communities of Tukwila, SeaTac and Des Moines (also see CAP minutes dated May 15, 2007). Grant monies have been appropriated and staff is now seeking approval to enter into an Interlocal Agreement between the Cities of SeaTac, Des Moines and Tukwila for the planning, funding and implementation of a joint minor home repair program in 2008. In an effort to improve administrative efficiencies and reduce contracts, the granting agency (King County) has required larger financial contracts and use of limited fiscal agent which is why the three cities have submitted the grant together through one fiscal agent (Tukwila). Targeting low and moderate income homeowners, the Minor Home Repair program served 25 unduplicated Tukwila homes in 2007 and a total of 45 unduplicated households within the three cities. A total of 740 hours were spent on repairs including electrical, plumbing, carpentry and roofing. Terms of the interlocal agreement are almost identical to last year, with the exception that the agreement will be self renewing as long as grant funds continue to be received. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. B. Resolution for Creation of the Sign Code Advisory Committee for Sian Code Update In 2007, a joint meeting of City Council and Planning Commission was held to introduce the Sign Code Update process. Staff is ready to move forward with the formation of the Sign Code Advisory Committee and begin the update /revision process of the Sign Code. It is anticipated that the Advisory Committee will complete its recommendations by September 1, 2008. Staff is seeking full Council approval of a resolution which will create and provide specific functioning of a Sign Code Advisory Committee. Additionally, the resolution calls for public participation in the process of creating a new sign code for the City. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. COUNCIL AGENDA SYNOPSIS A s ti s k Initials ITEM NO. JOi 10 Meeting Date 1 Prepared by 1 Mayor review ;gunci1 review t `e 01/28/08 1 BG �N I I C' r 0 1 02/ 04/08 1 BG i 1 ITEM INFORMATION CAS NUMBER: 08-009 I ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TITLE Adopt Ordinance for the 2008 WSDOT /APWA Standard Specifications and repeal Ordinance 2113. CA I EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 01/28/08 Mtg Date Mtg Date Mtg Date 02/04/08 Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S Local agencies utilizing federal funds for transportation contracts must incorporate and SUMMARY adopt the 2008 Standard Specifications, as published by the WA State Dept of Transportation and the Washington State Chapter of the American Public Works Association. This ordinance will also repeal Ordinance 2113, which adopted the 2006 WSDOT /APWA Standards. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 01/15/08 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt Ordinance for Standard Specifications. COMMI!TEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 01/28/08 1 02/04/08 MTG. DATE I ATTACHMENTS 01/28/08 1 Information Memo dated January 9, 2008 Ordinance 1 Ordinance 2113 1 Transportation Committee Meeting Minutes from January 15, 2008 02/04/08 1 INFORMATION MEMO To: Mayor Haggeron From: Public Works Director V Date: January 9, 2008 Subject: 2008 Standard Specifications Adoption by Ordinance ISSUE: Local agencies utilizing federal funds for transportation contracts must incorporate and adopt the 2008 Standard Specifications, as published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association (WSDOT /APWA). BACKGROUND: Previously, the 2006 WSDOT /APWA Standard Specifications for Road, Bridge and Municipal Construction (Standard Specifications) were adopted by City of Tukwila Ordinance 2113. The 2008 edition of the Standard Specifications has been published by the Washington State Department of Transportation and the American Public Works Association (Washington Chapter) and my staff has revised and updated our construction contract boilerplate documents and General Special Provisions (GSP's) accordingly. Local Agencies must adopt the 2008 Standard Specifications for use in all federally funded projects that are advertised after March 1, 2008. ACTION TAKEN: An ordinance has been drafted to adopt the 2008 edition of the Standard Specifications, general special provisions and construction contract boilerplate documents. This ordinance also repeals the previous Ordinance 2113. RECOMMENDATION: Approve ordinance adopting the 2008 edition of the Standard Specifications. Attachments: Draft Ordinance Ordinance 2113 P:\BOB'Standard Specifications\ 2008 Standard Specs Info Memo doe DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC 16.34, ADOPTING THE 2008 EDITION OF THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION; SETTING NUMBER OF COPIES TO BE HELD FOR PUBLIC REVIEW; REPEALING ORDINANCE NO. 2113; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila utilizes standard specifications for the construction of public improvements, as well as supplemental requirements; and WHEREAS, the City has previously adopted standard specifications by Ordinance No. 2113; and WHEREAS, more current standard specifications are provided by the Washington State Department of Transportation and American Public Works Association, Washington Chapter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 16.34, "Road, Bridge and Municipal Construction Specifications," is hereby amended to read as follows: 16.34.010 Specifications Adopted. The 2008 edition of the Standard Specifications for Road, Bridge, and Municipal Construction, prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, is hereby adopted as the Code of the City of Tukwila, Washington, for regulating the construction and maintenance of public works, including streets, bridges, sanitary sewers, storm sewers, water distribution, structures and other public works. The Public Works Director may allow the use of American Institute of Architects (AIA), Construction Specifications Institute (CSI), or other building and facilities standard specifications, on a case -by -case basis. 16.34.020 Copies to be on file. Not less than three copies of said Standard Specifications and City of Tukwila supplements shall remain on file for use in examination by the public in the Public Works Department. Section 2. Repealer. Ordinance No. 2113, as codified at TMC 16.34, is hereby repealed. 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. C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Adopting Standard Specifications.doc 1/24/2008 GL:kn Page 1 of 2 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 2008. ATTEST AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Adopting Standard Specifications.doc 1/24/2008 Gk, Page 2 of 2 15 4 isoa City of Tukwila Washington Ordinance No. /3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC 16.34, ADOPTING THE 2006 EDITION OF THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION, SETTING NUMBER OF COPIES TO BE HELD FOR PUBLIC REVIEW; REPEALING ORDINANCE NO. 2040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila utilizes standard specifications for the construction of public improvements, as well as supplemental requirements; and WHEREAS, the City has previously adopted standard specifications by Ordinance No 2040; and WHEREAS, more current standard specifications are provided by the Washington State Department of Transportation and American Public Works Association, Washington Chapter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 16.34, "Road, Bridge and Municipal Construction Specifications," is hereby amended to read as follows: 16.34.010 Adopted. The 2006 edition of the Standard Specifications for Road, Bridge, and Municipal Construction, prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, is hereby adopted as the Code of the City of Tukwila, Washington, for regulating the construction and maintenance of public works, including streets, bridges, sanitary sewers, storm sewers, water distribution, structures and other public works. The Public Works Director may allow the use of American Institute of Architects (AIA), Construction Specifications Institute (CSI), or other building and facilities standard. specifications, on a case -by -case basis. 16.34.020 Copies to be on file. Not less than three copies of said Standard Specifications and City of Tukwila supplements shall remain on file for use in examination by the public in the Public Works Department. Section 2. Repealer. Ordinance No 2040, as codified at TMC 16.34, is hereby repealed. 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. C. \Documents and Settings \All Users Desktop Kelly \MSDATA\ Ordinances \Standard Specifications.doc 2/17/2006 GL.kn Page 1 of 2 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 TUKWILA, WASHINGTON, at a Regular Meeting thereof this &7' day of f�a��,: 2006. ATTEST/ AUTHENTICATED: A Steven M. Mullet, Mayor Jane-" Cantu, C City Clerk Filed with the City Clerk: a--/z 2i APPROVED ASTO BY: Passed by the City Council: .7 -G Published: 2 c Effective Date: 7-- 6 Offic%-orffie Ordinance Number: —.2 l/ 3 C. \Documents and Settings \All Users \Desktop \Kelly \MSDATA \Ordinances \Standard Specifications.doc 2/16/2006 GL.k Page 2 of 2 y City of Tukwila „p 0 4 f Transportation Committee rsoa TRANSPORTATION COMMITTEE Meeting Minutes January 15, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Jim Morrow, Pat Brodin, Frank Iriarte, Bob Giberson, Jack Pace, Jon Harrison, Derek Speck and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:02 p.m. I. PRESENTATIONS: No Presentations. II. BUSINESS AGENDA A. Strander Boulevard Extension Interlocal Agreement with Cite of Renton Staff briefly explained the history associated with this project which dates back to 1986 (see Resolution 1008) when the Cities of Tukwila and Renton began working together on the relocation of land boundaries. This culminated in the 2006 completion of Renton's SW 27 Street connection to the Federal Reserve Bank. The current request for an Interlocal Agreement with the City of Renton is for the purpose of the extension project of SW 27' Street/Strander Boulevard between West Valley Highway and Oaksdale Avenue. The City Attorney has reviewed the agreement. Due to recent changes in the mayoral seats of both Tukwila and Renton, it is essential for Mayor Haggerton and Mayor Law (Renton) to meet to reaffirm both cities' commitments to this project. Currently, a meeting is scheduled between the two in early February. Staff does not plan to move forward with this interlocal agreement until after that meeting. The Committee reviewed contract specifications in detail. Depending on the outcome of the mayoral meeting, the Interlocal Agreement will either return to the Transportation Committee or go directly to COW. UNANIMOUS APPROVAL OF EXISTING INTERLOCAL. FORWARD TO FUTURE COW. IF CHANGES, RETURN TO TRANSPORTATION COMMITTEE. B. Ordinance Adopting 2008 Standard Specifications The adoption of the WSDOT /APWA Standard Specifications for Road, Bridge, and Municipal Construction, more commonly referred to as Standard Specifications, is a bi- annual process familiar to the x/7 Council. Every two years updates are made to the Standard Specifications. The changes are usually minor; however, in order to be eligible for federal funding, the City is required to adopt the Standards each time there is an update. Staff has prepared a draft ordinance adopting the Standards. The only change in the new ordinance in comparison to the repealed ordinance is that the new ordinance allows for the adoption of the 2008 Standard Specifications as well as the adoption of all future amendments. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. C. Ordinance Adopting WSDOT Access Permitting Standards for SR -181 The City is required to adopt WSDOT Access Permitting Standards for all state managed highways located within City limits. Currently, SR -181 (West Valley Highway) is the only roadway located in Tukwila which is managed by the state. Staff is seeking full Council approval of an ordinance that w COUNCIL AGENDA SYNOPSIS r S' Tnitialc ITEM NO. i I, r11, ��G Meeting Date Prepared Mayor's review 1 Council review ,o 01/28/08 1 BG 14;,„.r it `p 1 02/04/08 1 BGON 1U 1 's., Foos ITEM INFORMATION CAS NUMBER: 08-010 I ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TITLE Adopt Ordinance for WSDOT Access Permitting Standards on state highways. CATEGORY Discussion Motion Resolution. Ordinance Bid Award Public Hearing Other Mtg Date 01/28/08 Mtg Date Mtg Date Mtg Date 02/04/08 Mtg Date Mtg Date Mtg Date: SPONSOR Council Major Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S Current state law requires cities to be the permitting authority for state managed access SUMMARY highways within city boundaries. For Tukwila, this applies to SR -181 or West Valley Hwy. This ordinance will adopt the WSDOT access permitting standards on state highways within the City of Tukwila limits. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/15/08 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt Ordinance for WSDOT access permitting standards. CoMMrrrEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/28/08 02/04/08 MTG. DATE ATTACHMENTS 01/28/08 Information Memo dated January 9, 2008 Ordinance October 3, 2007 letter from WSDOT and AWC Transportation Committee Meeting Minutes from January 15, 2008 02/04/08 1 INFORMATION MEMO To: Mayor Haggeron From: Public Works Director r) Date: January 9, 2008 Subject: WSDOT Access Management Permitting Standards Adoption by Ordinance ISSUE: In 2007, the Washington State Legislature tasked Washington Dept. of Transportation (WSDOT) and the Association of Washington Cities (AWC) with inventorying and assisting cities with managing access on state highways within city limits. BACKGROUND: Current state law requires cities to be the permitting authority for state managed access highways within city boundaries (Chapters 468 -51 and 468 -52 of the Washington Administrative Code and Chapter 47.50 of the Revised Code of Washington). Current law only applies to SR -181 (West Valley Highway). SR -99 (Tukwila Intl Blvd., formerly Pacific Highway South) has been turned over to Tukwila; SR -900 (M.L. King Jr., Way) is limited access, I -5 is limited access, 1-405 is limited access; and SR -518 is limited access. ACTION TAKEN: An ordinance has been drafted to adopt the WSDOT access permitting standards on state highways within the City of Tukwila limits. RECOMMENDATION: Approve ordinance adopting the WSDOT access permitting standards on state highways within the City of Tukwila limits. Attachments: Draft Ordinance October 3, 2007 letter from WSDOT and AWC Managed Access in Washington A Progress Report to the Legislature (September, 2007) P:\BOB\Access Management \WSDOT Access Mgmt Info Memo.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR HIGHWAY ACCESS MANAGEMENT, ACCESS PERMITS AND ADMINISTRATIVE PROCESS, PURSUANT TO RCW 47.50; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council finds it necessary to provide regulation and control of vehicular access and connection points of ingress to, and egress from, the State of Washington highway system within the incorporated areas of the City of Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Revised Code of Washington Chapter Adopted. RCW Chapter 47.50 is hereby adopted by reference to provide for the regulation and control of vehicular access and connection points of ingress to, and egress from, the State highway system within the incorporated areas of the City of Tukwila. Section 2. Washington Administrative Code Chapters Adopted. In order to implement the requirements and authority of RCW Chapter 47.50, provisions of Chapter 468 -51 and 468 -52 of the Washington Administrative Code are hereby adopted by reference, together with all future amendments. 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 2008. ATTEST AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances WSDOT Access Management.doc GL:ksn 1/14/2008 Page 1 of 1 RECEIVED AIM Washington te OCT 0 5 2007 De staof r��on rim TUKWIIJa sot�Arlwf Of r .lauW70N Interim Secretary of Transportation PUBLIC WORKS C i r i E s Transportrtlaw Ilakring L+aotlsthn of Maki/Van Cam MO Waal Park Annie SE 7076 FtanYwt Street SE P.O. Sax 47300 Oyrnpa. YfA 6e601 CdOTO. VIA SeS34-7300 960.7534137 360d05-7t O t400.5622461 7f1114004M-&i66 �9 October 3, 2007 Mr. Jim Morrow Director, Public Works, City of Tukwila 6300 Southcenter Blvd #100 Tukwila, WA 98188 Dear Mr. Morrow: In its 2007 session, the Washington State Legislature tasked WSDOT with inventorying how cities have implemented current laws for managing access on state highways within th eir boundaries. The Association of Washington Cities and WSDOT are collaborating to complete this task. Established in 1991, current law requires cities and towns to be the permitting authorities for state managed access highways within their boundaries. Current law also requires cities and towns to adopt access permitting standards for these highways that meet or exceed the state's access standards.' The 2007 Washington State Legislature directed WSDOT to require your confirmation that the City of Tukwila has adopted the required access permitting standards for the following managed access state highways within its boundaries: Current Planned Established Beginning Ending Access Access Access WSDOT State Route Milepost Milepost Classification Classification Classification Region 181 9.75 11.23 M3 Northwest To provide the legislature with the best possible information about the status of access management on state highways within cities, we strongly encourage you to: Review the enclosed state access standards, Review your jurisdiction's adopted ordinances, Confirm by your signature on the enclosed form that your adopted access permitting standards meet or exceed state access standards, or detail your progress towards adopting the required standards if they have not yet been adopted, and Submit your confirmation and a signed copy of thez applicable ordinance to WSDOT at the address indicated on the form no later than November 30, 2007. I RCW 47.50.030(3) 2 Limited access is established but access rights have not yet been entirely purchased. Mr. Jim Morrow October 3, 2007 Page 2 In 2008 and 2009, WSDOT will submit reports to the legislature detailing each jurisdiction's progress toward adopting the required access permitting standards. Our intent is to help cities and towns successfully demonstrate to the legislature their commitment to protecting the safety and capacity of the state highway system through good access management practices. Please refer to the enclosed managed access information sheet for more information about access control on state highways and the progress report requested by the legislature. If you have any questions, please contact Karena Houser at (360) 705 -7876 or HouserK(a.wsdot.wa.$ov. Thank you for your help! Sincerely, C t Elizabeth Robbins Ashley Probart Transportation Planning Manager Transportation Coordinator Washington State Department of Transportation Association of Washington Cities ER:kh Enclosure cc: w /attachments MPO/RTPO WSDOT Region Office 1 Washington State Department of Transportation Managed Access in Washington Y. A Progress Report to the Legislature September, 2007 I n its 2007 transportation budget, the legislature tasked the Washington State Department of Transportation WSDOT) with reporting the progress Managed Access Highway Classifications of local jurisdictions toward fulfilling their responsibilities under the highway access management statutes enacted in 1991. WSDOT is working with a Class One: number of stakeholders to complete this task, including the Community, Mobility is primary function Trade and Economic Development Department (CTED), the Association of Speeds of 50 to 65 mph Washington Cities (AWC), and the Washington State Association of Counties 1,320 ft. minimum access spacing (WSAC). Our intent is to help local governments successfully demonstrate to No direct access if alternate public the legislature their commitment to protecting the safety and capacity of the road is available state highway system through good access management. Restrictive median for some multi- lane configurations Access Control on State Highways ClassTwn: Mobility favored over access Access control manages traffic movements onto and off of state highways to improve Speed of 35 to 50 mph in urban ar- system performance, minimize traffic conflicts, and increase traffic flow. Typical access eas and 45 to 55 mph in rural areas management techniques include minimum spacing between intersections and driveways, 660 ft minimum access spacing dedicated turn lanes, and median treatments. Access control preserves a highway's safety No direct access if alternative public and capacity, reducing accidents by as much as 50 percent and increasing road capacity by road is available as much as 45 percent.' Restrictive median for some multi- In Washington, state highways are classified as either limited or managed access. The basic lane configurations policy for limited access highways was established in 1951 and is based on the purchase of Class Three: access rights from the owners of property abutting the highway.'- There are three levels of Balance between mobility and access limited access control with progressive restrictions. Approaches to all limited access routes, in areas with less than maximum except interstates, must be approved by the Washington State Department of Transportation build out (WSDOT). Interstate approaches are approved by the Federal Highway Administration. Speeds of 30 to 40 mph in urban ar- eas and 45 to 55 mph in rural areas Managed access legislation was enacted in 1991 to address the portion of the state 330 ft minimum access spacing transportation system that was not established as limited access Managed access is based Restrictive median may be warranted on the premise that the access rights of a property owner are subordinate to the public's Class Faun right and interest in a safe and efficient highway system. A property owner's direct access Balance between mobility and access to a state highway may be restricted if reasonable access can be provided to another public in areas with near maximum build road. out WSDOT consulted and cooperated with local and re governments gional govements to implement Speeds of 30 to 35 mph in urban managed access IegisIation. WSDOT developed access design standards, adopted areas and 35 to 45 in rural areas permitting procedures, established a five -tier classification system, and assigned specific 250 ft. minimum access spacing highway segments to those classifications. The City Design Standards Committee, Non- restrictive medians consisting of the state aid engineer and six AWC appointees, participated in crafting the new Class FIvA: access management code and formally concurred with it in 1992. Additionally, about half Access needs generally have priority of cities and towns officially concurred with the access classifications WSDOT assigned to over mobility needs the managed access highways within their boundaries. Speeds of 25 to 35 mph 125 ft. minimum access spacing 1. Access Regulation A Balancing Act Between Access and Mobility. WSDOT. 2005. Non restrictive medians 2. RCW 47.52 WAG 468 040 3. RCW 47.50.010(2) 4. RCW 4730.010(3) State law splits the responsibility for state managed access highway permitting based The Legislative Access Proviso: on the location of the state highway. In unincorporated areas, access permitting is the responsibility of the WSDOT region offices. Cities and towns are the permitting "By December 1, 2008, the department authorities for the state managed access highways within their boundaries' Cities and shall ronhoon from jurisdenons that plaan n uire under the e management towns are required by statute to adopt access permitting standards for the state managed act, chapter 36.70A RCW, and that access highways within their boundaries that meet or exceed WSDOT standards.' receive state transportation funding The initial deadline for adoption was July 1, 1993. If cities fail to adopt the requ under this act, that the jurisdictions have standards, WSDOT standards may be used as a default' adopted standards for access permitting on state highways that meet or exceed department standards in accordance The Legislative Request with RCW 47.50.030. The objective of this subsection is to encourage local The legislature's 2007 transportation budget included a proviso directing WSDOT to govemments, through the receipt of state require local jurisdictions to confirm they have adopted access permitting standards for transportation funding, to adhere to best state managed access highways. The standards must meet or exceed WSDOT standards, development activity significantly impacting as required by statute. The proviso also directed WSDOT to submit a report to the state transportation facilities. By January legislature detailing local jurisdictions' progress toward adopting the standards. 1, 2009, the department shall submit a report to the appropriate committees of the A work group of stakeholders met in July and advised WSDOT to seek confirmation from legislature detailing the progress of the local all 205 cities that contain managed access highways. WSDOT will contact the public jurisdictions in adopting the highway access works directors of these cities by mail, provide them with a description of the managed Permitting standards." access highways within their boundaries, and request them to submit: ESHB 1094, Sec 222 (4) either a statement confirming their adoption of the required access permitting standards or a description of their progress toward adopting the standards, For More Information a statement concurring with the managed access classifications assigned to the highways within their boundaries, if applicable, and For more information about the access a copy of their access permitting standards ordinance. proviso, please contact: Karena Houser The 76 cities that do not contain managed access highways will not be contacted. WSDOT Transportation Planner Houserk @wsdot.wa.gov In the interest of providing the best possible information to the legislature about the status (360) 705 -7876 of access management in Washington, the work group also decided to survey counties www.wsdot.wa.gov /planning with managed access highways within their unincorporated areas. Although WSDOT is the permitting authority for these highways, the county development permitting office Ashley Probart is often a point of first contact for developers who may require a state access permit. AWC Transportation Coordinator The survey's intent is to help us understand how counties coordinate with the state on AshteyP @awcnetorg development permitting for properties adjacent to state managed access highways. The (360) 753 -4137 electronic survey will be distributed to county engineers by e -mail, except in San Juan vrww•awenet.org County which does not contain any managed access highways. Julie Murray WSAC Policy Director WSDOT is requesting city and county responses by November 30, 2007. This allows jmurray@wacounties.org ample time for cities that have not yet adopted appropriate access permitting standards to (360) 586 -4219 ext 104 do so prior to the December, 2008 final deadline. This will also allow WSDOT, CTED, www.wacounties.org/wsac and AWC time to provide additional technical assistance to cities and towns that have not yet adopted the required standards. For more information about access con- trol on state highways, please contact WSDOT will summarize the information provided by the cities and counties in a preliminary report to the 2008 Legislature and a final report to the 2009 Legislature. Barb De Ste. Croix, PRE WSDOT Access Hearings Engineer DestecB@wsdot.wa.gov (360) 705 -7251 www. wsdot.wa.govfeesc /design/access 5. RCW 47.50.020(3) 6. RCW 47.50.030(3) 7. WAC 468 -51 -010 co i f ti City of Tu kwila ;Z 9 i 1 s., o, Transportation Committee rsos TRANSPORTATION CONL IITTEE Meeting Minutes January 15, 2008 5: 00 p.m. Conference Room #1 PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Jim Morrow, Pat Brodin, Frank Iriarte, Bob Giberson, Jack Pace, Jon Harrison, Derek Speck and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:02 p.m. I. PRESENTATIONS: No Presentations. II. BUSINESS AGENDA A. Strander Boulevard Extension Interlocal Agreement with City of Renton Staff briefly explained the history associated with this project which dates back to 1986 (see Resolution 1008) when the Cities of Tukwila and Renton began working together on the relocation of land boundaries. This culminated in the 2006 completion of Renton's SW 27 Street connection to the Federal Reserve Bank. The current request for an Interlocal Agreement with the City of Renton is for the purpose of the extension project of SW 27' Street/Strander Boulevard between West Valley Highway and Oaksdale Avenue. The City Attorney has reviewed the agreement. Due to recent changes in the mayoral seats of both Tukwila and Renton, it is essential for Mayor Haggerton and Mayor Law (Renton) to meet to reaffirm both cities' commitments to this project. Currently, a meeting is scheduled between the two in early February. Staff does not plan to move forward with this interlocal agreement until after that meeting. The Committee reviewed contract specifications in detail. Depending on the outcome of the mayoral meeting, the Interlocal Agreement will either return to the Transportation Committee or go directly to COW. UNANIMOUS APPROVAL OF EXISTING INTERLOCAL. FORWARD TO FUTURE COW. IF CHANGES, RETURN TO TRANSPORTATION COMMITTEE. B. Ordinance Adopting 2008 Standard Specifications The adoption of the WSDOT /APWA Standard Specifications for Road, Bridge, and Municipal Construction, more commonly referred to as Standard Specifications, is a bi- annual process familiar to the Council. Every two years updates are made to the Standard Specifications. The changes are usually minor; however, in order to be eligible for federal funding, the City is required to adopt the Standards each time there is an update. Staff has prepared a draft ordinance adopting the Standards. The only change in the new ordinance in comparison to the repealed ordinance is that the new ordinance allows for the adoption of the 2008 Standard Specifications as well as the adoption of all future amendments. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. C. Ordinance Adopting WSDOT Access Permitting Standards for SR -181 The City is required to adopt WSDOT Access Permitting Standards for all state managed highways located within City limits. Currently, SR -181 (West Valley Highway) is the only roadway located in Tukwila which is managed by the state. Staff is seeking full Council approval of an ordinance that Transoortation Committee Minutes January 15. 2008 Pace 2 will adopt the applicable standards and meet state requirements. UNANIrIOUS APPROVAL. FORWARD TO JANUARY 28 COW. D. Interurban Avenue Pavement Repair Bid Award Staff has identified an extremely rough surface area on Interurban Avenue South near Fort Dent Park. Historically this area has produced a rough roadway due to soil problems in there area. It is likely that the worsening surface area is a result of the recent Fort Dent/Interurban Avenue South Sewer Project. Staff is recommending pavement repair of the area and is seeking full Council approval to award a bid in the amount of 528,574 to Lakeridge Paving Company for the project. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. Transportation Committee Minutes January 15. 2008 Pape 2 will adopt the applicable standards and meet state requirements. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. D. Interurban Avenue Pavement Repair Bid Award Staff has identified an extremely rough surface area on Interurban Avenue South near Fort Dent r Park. Historically this area has produced a rough roadway due to soil problems in there area. It is likely that the worsening surface area is a result of the recent Fort Dent/Interurban Avenue South Sewer Project. Staff is recommending pavement repair of the area and is seeking full Council approval to award a bid in the amount of $28,574 to Lakeridge Paving Company for the project. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. E. South 144 Street Improvements Contract Acceptance and Closeout Staff is seeking full Council approval for project completion, contract acceptance and authorization to release retainage for the South 144 Street Improvements which were completed on June 15, 2007. This project boasts is the first officially marked and signed bike lane in the City of Tukwila. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 REGULAR CONSENT AGENDA. F. 2008 Transportation Issues Staff prepared a list of issues that they believe will be brought to and addressed by the Transportation Committee during 2008. Additionally, staff requested input from Committees member on issues the may like to discuss during the year. A lengthy discussion followed regarding traffic calming issues which were identified by staff as a potential priority for discussion. Interest existed on the Committee to revisit this issue during the year. Committee members suggested additions for future discussions: Identify the transportation needs of Tukwila residents located on the west side of the highway to City services (i.e.: TCC, City Hall, City- sponsored events and programs, etc). Explore possible options for meeting these needs and identify budget funding if appropriate. Address and discuss ways to accomplish the 2008 Council Goal Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road. Consider a joint meeting with SeaTac's corresponding Transportation Committee to talk about issues affecting both of our communities as well as share information and ideas. DISCUSSION ONLY. III. ANNOUNCEMENTS No announcements. TV. MISCELLANEOUS Meeting adjourned at 6:30 p.m. Next meeting: Tuesday, January 29, 2008 5:00 p.m. Conference Room #1 Committee Chair Approval Minutes by KAM. COUNCIL AGENDA SYNOPSIS <c Initials ITEM NO. vz 1 1t, Meetin Date Prepared by Mayor's review 1 council review ,u'S,�.. I 1 01/28/08 1 BG 02/04/08 1 BG V 1 1 1 I I I ITEM INFORMATION I CAS NUMBER: 08-011 I ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TITLE Bid Award for Interurban Ave 5 Pavement Repair Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 01/28/08 Mtg Date Mtg Date Mtg Date Alts Date 02/04/08 Mtg Date Mt1 Date SPONSOR Council El Mayor Adra Svcs DCD Finance Fire Legal Pe'R Police PW SPONSOR'S The recent Fort Dent /Interurban Ave S sewer project left a very rough pavement SUMMARY surface. Six bids were received for this overlay project from the Small Works Roster. The low bid of $28,574.00 was from Lakeridge Paving Company. Lakeridge Paving has completed several recent projects for the City, including the 2007 Overlay and Repair Project and has performed very good work. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. El Planning Comm. DA'l't: 01/15/08 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to Lakeridge Paving Co. COM IITi'L.E Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $28,574.00 $700,00 Fund Source: 104.02 Commercial Streets Annual Overlay Repair (pages 44, 2008 CIP) Comments: MTG. DATE I RECORD OF COUNCIL ACTION 01/28/08 1 I 02/04/08 1 MTG. DATE I ATTACHMENTS 01/28/08 1 Information Memo dated January 9, 2008 Bid Tabulation 1 1 Map of Project Location 1 Transportation Committee Meeting Minutes from January 15, 2008 02/04/08 1 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: January 9, 2008 Subject: Interurban Ave S Pavement Repair (14900 Interurban Ave S Vicinity) Project No. 07 -RWO1 BID AWARD ISSUE Award the Interurban Avenue South Pavement Repair contract to Lakeridge Paving Company. BACKGROUND The recent Fort Dent/Interurban Ave South sewer project left a very rough pavement surface. While the sewer contractor met the design and specifications for that project, the wearing surface is very rough and trucks bounce over the bumps and rattle the windows at the Interurban Plaza building (14900 Interurban Ave South). ACTION TAKEN After field reviewing the rough road situation, a design was completed for a small pavement repair project (see attached vicinity map). The budget for this project will be the Annual Overlay and Repair Program. Letters requesting bids were sent out to companies on the Small Works Roster qualified for this type of work. Six (6) bids were received with Lakeridge Paving Company submitting the lowest bid at $28,574.00. The remaining bids, from low to high, were received from Western Asphalt at $33,736.00, Watson Asphalt at $35,900.00, Superior Asphalt at $43,225.00, Lakeside Industries at $52,600.00 and AA Asphalt at $63,731.00. The bid tabulation is attached. Lakeridge Paving Company has completed several recent projects for the City, including the 2007 Overlay Program, and has performed very good work. BUDGET AND BID SUMMARY Bid Results Eneineer's Estimate Budget Bid Amount $28,574.00 $30,000.00 $700,000.00 Contingency (10 2.857.40 3.000.00 Total 31.431.40 33.000.00 $700.000.00 RECOMMENDATION Award the construction contract for the Interurban Ave. S. Pavement Repair project to Lakeridge Paving Company in the amount of $28,574.00. Attachment: Bid Tabulation Vicinity Map P :IPROJECTS\A. RW RS Projects107RWOl 2007 Overlay114900 Interurban SWR fix\Info Memo Bid Award IU Pvmt Rpr.doc 0 S. of o o O O a Q. ,ri o o M o a o- •a 0 O N N O a d_ r, to ,p, FA O O O o 'O 4 0 0 Q 0., i c Z o 0 0 o m (IIIII, \Z4a- V-1 T d 1 to O O p 0 N O C to ter 0 111 1 ji r O co o M i0 O O O N u t 'fl o c _..C) o 01 Z Cl IA z M a.,. o G O co M 0, N N E 101114 0 in 0 W ER tfr a pG 2. O O O O O O Fe Y N 18e) 1 :0 o o u7 a s E O p o o °o a s -�F? tft tft N Q a O O e N W 0- s. tfi 0 N ,n ,ao7oN Q o o N 'c O 3 W o t R r o a, o V .r to N to O O N r t N a. f 4 Q U G j 'O N 0 0 0 4 1 r O a 4 fi .4 N *A ift I d y O i 4° o 4 `ti 0 a) 3 0 N a a) Z j 6 a o "IA o o Cn W Z 3 4 =s` o o °0 9 o 0 r. r t t to rn u 'c F 04. d3 d 3 o o o o Q O- cR a 0 O t t a t Q O u1 0 1: d tom_ Z O is t car `fl n 4 0 N m vs F o d o Z 6 `,a oa o 0 0 a --1 4 0 0 p o o .N Y 0 O j to O co O W 0 111 fl i N 111 C CI o r r 4 I `n 0 0° O t o 7 o J 1.--- io '.1":4 t o O N d o o a .1 N N a- Y O c a) o o 0 O Y R J V y x x 4 U o to co p p Q Y O t 1_ Y C S ..s' tsia" O p O o m O N p t d 'G o c o o o r R o U N co 111 r a*: ji a 4 4 C .A. c z r O 0 t o T N n M r d U W j c a v ira a; G X N ul r Z. A: m Sa I t p, r' c W a s N O •O W Y N o Y c c d 4 3•_ O o. N G N C t. N 'i: U cv c g a U a v c Z' U M m o G N N m w 4. e rn U` o Y 7 U o 0 N ca c l N E= t Q d is cc Z 7 7 co ;N c o U Z p' C N M 4 Q E N At', Y 7 e U o Z s r 4 C O D i1Sh y N_'} 2 a 4 9 e• 1 Q 0 W sJ y, S r- p r O` M Lc 1i N 171 t O d Z r Z, �a m 1 N .1 g Z W 0 0 a 1 I18_ ti U) Lu 2 I L' i 1.1.1 2 L M J`� Ce �I Cea -t4g L 4 AO effIGII MEI I i I I ll LL Era 1 z W GI M GO= 0 0 O i W J 0?zw n moa z m x NMI r- m w z r 3 5 CI 3 N V E a a a a cc N BBRMM Z 1 d w u- L3 ,g 9 V♦ U z ozw� 1,a Z �cc F ¢am W o Ww o s ®ooac•_ �C9��� z- z o O GJ Q jQ J N o N o. rN Z WZ J W d �w Q z Q Q a Q >a� o ili w ws Q CC Al Q 0 W C W 2 o 8 g N 3 a CI kW re W z J �a Ww Wo IX Q ao Zo z v CI c�a m r4 m U m LLI Z CC O ul E.3 zm W rN rn w Q -D o m O N 6 Q co a L,T, Transportation Committee Minutes January 75. 2008 Pace 2 will adopt the applicable standards and meet state requirements. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. D. Interurban Avenue Pavement Repair Bid Award Staff has identified an extremely rough surface area on Interurban Avenue South near Fort Dent Park. Historically this area has produced a rough roadway due to soil problems in there area. It is likely that the worsening surface area is a result of the recent Fort Dent/Interurban Avenue South Sewer Project. 1j Staff is recommending pavement repair of the area and is seeking full Council approval to award a bid in the amount of $28,574 to Lakeridge Paving Company for the project. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. E. South 144 Street Improvements Contract Acceptance and Closeout Staff is seeking full Council approval for project completion, contract acceptance and authorization to release retainage for the South 144 Street Improvements which were completed on June 15, 2007. This project boasts is the first officially marked and signed bike lane in the City of Tukwila. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 REGULAR CONSENT AGENDA. F. 2008 Transportation Issues Staff prepared a list of issues that they believe will be brought to and addressed by the Transportation Committee during 2008. Additionally, staff requested input from Committees member on issues the may like to discuss during the year. A lengthy discussion followed regarding traffic calming issues which were identified by staff as a potential pnority for discussion. Interest existed on the Committee to revisit this issue during the year. Committee members suggested additions for future discussions: Identify the transportation needs of Tukwila residents located on the west side of the highway to City services (i.e.: TCC, City Hall, City sponsored events and programs, etc) Explore possible options for meeting these needs and identify budget funding if appropriate. Address and discuss ways to accomplish the 2008 Council Goal Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road. Consider a joint meeting with SeaTac's corresponding Transportation Committee to talk about issues affecting both of our communities as well as share information and ideas. DISCUSSION ONLY. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:30 p.m. Next meeting: Tuesday, January 29, 2008 5:00 p.m. Conference Room #1 Committee Chair Approval Minutes by K4M. O w, COUNCIL AGENDA SYNOPSIS Initials ITEM NO. I .,:k e I G Meeting Date 1 Prepared by 1 Mayor's review 1 Council review w 01/28/08 I PBB I �t, �_1 1808 4. 1 ITEM `INFORMATION CAS NUMBER: 08-012 1 ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TITLE An ordinance adopting by reference RCW 9.16.260, Cyberstalking CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date Mtg Date Mtg Date 2/4/08 Mtg Date Mtg Date Mtg Date !SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The proposed ordinance adopts by reference RCW 9.61.260 regarding cyberstalking. SUMMARY Cyberstalking occurs when electronic communications such as e-mail, text messaging, etc. are used to harass, intimidate, torment or embarrass others. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI'E: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve CoMMITIEE Unanimous Approval; Forward to Committee of the Whole C O ST IMPACT -FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. -DATE 1 RECORD OF-COUNCIL ACTION 1 I MTG, DATE I ATTACHMENTS 1/28/08 Informational Memorandum dated 1/16/08 with attachments (Due to the shortened work week, Finance Safety Committee Minutes are pending) 1 1 KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWTTH SHEJ.T.EY M. KERSLAKE WWW.KENYONDISEND.COM RENEE G. WALLS (425) 392 -7090 (206) 628 -9059 KAKI L. SAND SANDRA S. MEADO' VCROFT FAX (425) 392 -7071 MONICA A. BUCK CHRIS D. BACHA KATHRYN J. HARDY MARGARET J. KING AMY ]O PEARSALL INFORMATION MEMO To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: January 16, 2008 Re: Adopting by Reference RCW 9.61.260, Cyberstalking ISSUE Whether the City Council should adopt RCW 9.61.260 to make cyberstalking a crime. BACKGROUND/DISCUSSION In 2004, the Legislature enacted RCW 9.61.260 making cyberstalking a crime. Cyberstalking occurs when electronic communications, such as e -mail, text messaging, etc, are used to harass, intimidate, torment or embarrass others. The City's prosecutor has seen evidence of this crime in many police reports recently and would like the ability to prosecute this offense. Before this can be done, however, the City must adopt this statute. RECOMMENDATION Our office recommends adopting by reference RCW 9.61.260, Cyberstalking. Attachments: Proposed ordinance and copy of RCW 9.61.260. C:\NNovell \GroupWise\MEMO Cyberstalking Info.doc/P/01/1 6/08 SERVING WASHINGTON CITIES SINCE 1993 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 8.30.010, "ASSAULT AND OTHER CRIMES INVOLVING PHYSICAL HARM PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2004, the State Legislature enacted legislation making cyberstalking a crime; and WHEREAS, in the interest of the public health, safety, and welfare, the Tukwila City Council desires to adopt by reference RCW 9.61.260, "Cyberstalking," as presently constituted or hereinafter amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 8.30.010 Amended. Tukwila Municipal Code 8.30.010, "Assault and Other Crimes Involving Physical Harm," is hereby amended to include the adoption of RCW 9.61.260, "Cyberstalking," to read as follows: 8.30.010 Assault and Other Crimes Involving Physical Harm The following statutes of the State of Washington are adopted by reference: RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment RCW 9A.36.070 Coercion. RCW 9.61.230 Telephone calls to harass, intimidate, torment or embarrass. RCW 9.61.240 Telephone calls to harass, intimidate, torment or embarrass Permitting telephone to be used. RCW 9.61.250 Telephone calls to harass, intimidate, torment or embarrass Offenses, where deemed committed. RCW 9.61.260 Cyberstalking. 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 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances\ Cyberstalking.doc PB:ksn 1/24/2008 Page 1 of 1 RCW 9.61.260: Cyberstalking. Page 1 of 1 RCW 9.61.260 Cyberstalking. (1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party: (a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act; (b) Anonymously or repeatedly whether or not conversation occurs; or (c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household. (2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section. (3) Cyberstalking is a class C felony if either of the following applies: (a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim's family or household or any person specifically named in a no- contact order or no- harassment order in this or any other state; or (b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person. (4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received. (5) For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, electronic mail, internet -based communications, pager service, and electronic text messaging. [2004c94 §1.] Notes: Severability 2004 c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c 94 §6.] Effective dates 2004 c 94: This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2004], except for section 3 of this act, which takes effect July 1, 2004." [2004 c 94 7.] http: /apps.leg.wa.gov /RCW /default.aspx ?cite= 9.61.260 01/17/2008 COUNCIL AGENDA SYNOPSIS s`tC r`' sy iti ITEM NO. --I 6 X,, ti Meeting Date Prepared by Mayor'sieview I ncil review 1 1 01/28/08 I PBB 1 A I 1 1 Taos j 1 1 ITEM -INFORMATION CAS NUMBER: 08-013 ORIGINAL AGENDADAIL: JANUARY 28, 2008 AGENDA ITEM TITLE Ordinance Amending TMC 8.40.040, Trespass and Related Crimes CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date Mtg Date Mtg Date 2/4/08 Mtg Date Mrs Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ I SPONSOR'S The proposed ordinance adopts by reference RCW 9A.56.063 regarding the making or SUMMARY possessing of motor vehicle theft tools. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1 E: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST--- IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 1 -MTG. DATE ATTACHMENTS 1/28/08 1 Informational Memorandum dated 1/16/08 with attachments (Due to the shortened work week, Finance Safety Committee Minutes are pending) 1 l I KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH SHELI.FY M. KERSLAKE WWW.KENYONDISEND.COM RENEE G. WALLS (425) 392 -7090 (206) 628 -9059 KARI L. SAND SANDRA S. MEADOWCROFT FAX (425) 392 -7071 MONICA A. BUCK CHRIS D. BACHA KATHRYN J. HARDY MARGARET J. KING AMY JO PEARSALL INFORMATION MEMO To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: January 16, 2008 Re: Ordinance Amending TMC 8.40.040, Trespass and Related Crimes ISSUE Whether the City Council should adopt by reference RCW 9A.56.063, making or possessing motor vehicle theft tools, in order for the City to enforce this statute. BACKGROUND/DISCUSSION In 2007, the State Legislature enacted legislation making it unlawful for a person to make or possess motor vehicle theft tools. Making or possessing these tools is a gross misdemeanor that can be prosecuted in the Tukwila Municipal Court should the City decide to do so. The City's Prosecutor has requested that the City adopt this statute by reference. RECOMMENDATION Our office recommends adopting RCW 9A.56.063 by reference so that the City's Prosecutor can prosecute this crime. Attachments: Proposed ordinance and copy of RCW 9A.56.063. SERVING WASHINGTON CITIES SINCE 1993 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 8.40.040, "TRESPASS AND RELATED CRIMES," TO INCLUDE THE ADOPTION OF RCW 9A.56.063, RELATING TO THE MAKING OR POSSESSING OF MOTOR VEHICLE THEFT TOOLS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2007, the. State Legislature enacted legislation making it unlawful for a person to make or possess motor vehicle theft tools; and WHEREAS, in the interest of the public health, safety and welfare, the City Council desires to adopt by reference RCW 9A.56.063, "Making or Possessing Motor Vehicle Theft Tools," as presently constituted or hereinafter amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 8.40.040 Amended. Tukwila Municipal Code Section 8.40.040, "Trespass and Related Crimes, is hereby amended to include the adoption of RCW 9A.56.063, "Making or Possessing Motor Vehicle Theft Tools," to read as follows: 8.40.040 Trespass and Related Crimes The following statutes of the State of Washington are adopted by reference: RCW 9A.52.010 Definitions RCW 9A.52.060 Making or Having Burglary Tools RCW 9A.52.070 Criminal Trespass in the First Degree RCW 9A.52.080 Criminal Trespass in the Second Degree RCW 9A.52.090 Criminal Trespass Defenses RCW 9A.52.100 Vehicle Prowling RCW 9A.52.120 Computer Trespass in the Second Degree RCW 9A.52.130 Computer Trespass Commission of Other Crime RCW 9A.56.063 Making or Possessing Motor Vehicle Theft Tools 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 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \Motor Vehicle Theft Tools.doc PB n 1/24/2008 Page 1 of 1 RCW 9A.56.063: Making or possessing motor vehicle theft tools. Page 1 of 1 RCW 9A.56.063 Making or possessing motor vehicle theft tools. (1) Any person who makes or mends, or causes to be made or mended, uses, or has in his or her possession any motor vehicle theft tool, that is adapted, designed, or commonly used for the commission of motor vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of motor vehicle theft, or knowing that the same is intended to be so used, is guilty of making or having motor vehicle theft tools. (2) For the purpose of this section, motor vehicle theft tool includes, but is not limited to, the following: Slim jim, false master key, master purpose key, altered or shaved key, trial or jiggler key, slide hammer, lock puller, picklock, bit, nipper, any other implement shown by facts and circumstances that is intended to be used in the commission of a motor vehicle related theft, or knowing that the same is intended to be so used. tin the following definitions apply: (3) For the purposes of this section, g pp Y (a) "False master" or "master key" is any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured. (b) "Altered or shaved key" is any key so altered, by cutting, filing, or other means, to fit multiple vehicles or vehicles other than the vehicles for which the key was originally manufactured. (c) "Trial keys" or jiggler keys" are keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured. (4) Making or having motor vehicle theft tools is a gross misdemeanor. [2007 c 199 18.] Notes: Findings Intent Short title 2007 c 199: See notes following RCW 9A.56.065. http: /apps.leg.wa.gov /RCW /default.aspx ?cite= 9A.56.063 01/17/2008 COUNCIL AGENDA SYNOPSIS o r 9`r 2', Initials ITEM NO. I P1. ki% t G 1 Meeting Date l Prepared by 1 Mayor's review uncil review 1.s: 1 01/28/08 1 PBB 1 AAA rso ITEM INFORMATION 1 CAS NUMBER: 08-014 ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TJ'n.I Ordinance Amending TMC Chapter 7.04, regarding the appeal process of a dangerous or potentially dangerous dog. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date Mtg Date Mtg Date 2/4/08 Mtg Date Mtg Date Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW SPON sole S Currently, dangerous and potentially dangerous dog designation appeals go before the SUMMARY King County Animal Control Authority Board of Appeals. The proposed ordinance would amend the TMC so that these types of appeals would go before the City's Hearing Examiner. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. LI Planning Comm. DATE: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Co,nments: MTG. DATE 1 RECORD OF COUNCIL ACTION 1 MTG. DATE ATTACHMENTS 1/28/08 Informational Memorandum dated 1/16/08 with attachments (Due to the shortened work week, Finance Safety Committee Minutes are pending) DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2011, AS CODIFIED AT SECTIONS 7.04.090 AND 7.04.100 OF THE TUKWILA MUNICIPAL CODE, REGARDING THE APPEAL OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG DESIGNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the appeal procedure set forth under Tukwila Municipal Code Section 7.04.090, "Declaration of Dangerous and Potentially Dangerous Dog," provides that an owner or keeper of a dog deemed dangerous or potentially dangerous may contest such designation before the King County Animal Control Authority Board of Appeals; and WHEREAS, because Tukwila's dangerous dog provisions differ from those of King County, the City Council desires to amend the appeal procedure so that appeals of dangerous dog and potentially dangerous dog designations go before the Tukwila Hearing Examiner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 7.04.090, "Declaration of Dangerous and Potentially- Dangerous Dogs," Amended. Ordinance No. 2011, as codified at TMC 7.04.090E, is hereby amended to read as follows: E. DECLARATION APPEAL PROCEDURE. If the owner or keeper of the animal wishes to contest the declaration, the following procedures shall apply: 1. The owner or keeper shall, within 14 days of receipt of the declaration, or within 14 days of the publication of the declaration, or within 14 days of the publication of the declaration pursuant to 7.04.0900, request a hearing from the Tukwila Hearing Examiner. Failing to exhaust this administrative appeal process shall be a bar to action in a court of law. Any appeal decision issued by the Tukwila Hearing Examiner can be appealed in Superior Court. 2. If the Tukwila Hearing Examiner finds there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby vacated. 3. If the Tukwila Hearing Examiner finds sufficient evidence to support the declaration, then it shall be affirmed. 4. If the Tukwila Hearing Examiner finds that the animal is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the Animal Control Authority or officer. Section 2. TMC 7.04.100, "Declaration Impoundment and Abatement," Amended. Ordinance No. 2011, as codified at TMC 7.04.100A, is hereby amended to read as follows: A. IMPOUNDMENT. Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under TMC 7.04.090E, the Animal Control Authority may, if circumstances require, impound the animal at the owner's or keeper's C:\Documents and Settings\All Users\ Desktop\ Kelly \MSDATA Ordinances \Dangerous Dogs.doc PB:ksn 1242008 Page 1 of 2 expense, until the appeal to the Tukwila Hearing Examiner or a court of competent jurisdiction orders either its redemption or destruction. 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 2008. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk. APPROVED AS TO FORM BY: Passed by the City Council Publish Effective DatP• Shelley M. Kerslake, City Attorney Ordinance Number C:\Documents and Settings\All Users\ Desktop\ Kelly \MSDATA \Ordinances\Dangerous Dogs.doc PB:ksn 1/24/2008 Page 2 of 2 KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH SHEJ.T EY M. KERSLAKE WWW.KENYONDISEND.COM RENEE G. WALLS (425) 392 -7090 (206) 628 -9059 KARI L. SAND SANDRA S. MEADOWCROFr FAx (425) 392 -7071 MONICA A. BUCK CHRIS D. BACHA KATHRYN J. HARDY MARGARET J. KING AMY JO PEARSALL INFORMATION MEMO To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: January 16, 2008 Re: Ordinance Amending TMC 7.04.090, Dangerous Dog Designation ISSUE Whether the City Council should amend its Municipal Code to allow an appeal of a designation of dangerous or potentially dangerous dog to go before the City's Hearing Examiner. BACKGROUND/DISCUSSION Currently, Tukwila Municipal Code Section 7.04.090(E) (Declaration of Dangerous and Potentially Dangerous Dog Declaration Appeal Procedure) provides that an owner or keeper of a dog deemed dangerous or potentially dangerous may appeal such designation to the King County Animal Control Authority Board of Appeals. However, the City and County do not regulate dangerous or potentially dangerous dogs in the same manner. During the City's negotiations with King County to renew the interlocal agreement for animal control services it was suggested that due to the difference in animal control regulations that appeals of dangerous and potentially dangerous dog designations go before the City's Hearing Examiner. This would also allow the City's appeal procedures be used as opposed to the procedures used by the King County Animal Control Authority Board of Appeals. If approved, the City's Hearing Examiner has agreed to take on this additional responsibility. RECOMMENDATION Because of the difference in animal control regulations and to maintain control over the appeal process, our office recommends amending TMC 7.04.090(E) so that appeals of dangerous or potentially dangerous dog designations go before the City's Hearing Examiner instead of the King County Animal Control Authority Board of Appeals. Attachment: Proposed ordinance in track change. C:\Documents and Settings\Pamela- O\L.ocal Settings \Temp \GWViewer\MEMO Dangerous Dog Appeal Info.doc/P /01/16!08 SERVING WASHINGTON CITIES SINCE 1993 Tentative Agenda Schedule iX�YQ. MEwsix 2 INS MEETING 4 3 EetigMtk s GU AR_ s January 7 14 22 (Tuesday) 28 Is New Years Day See agenda packet (City offices closed) cover sheet for this 21s, week's agenda M.L. King, Jr. Day (Januany 28, 2008 (City offices closed) Committee of the Whole Meeting) COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING February 4 11 19 (Tuesday) 25 18� Special Presentations: Presidents Day State of the Tukwila (City offices closed) Municipal Court Library Advisory Board Annual Report Appointments: Appointments to Boards and Commissions (5) Bid Award: Interurban Avenue Pavement Repair Unfinished Business: Interlocal agreement for Minor Home Repair Program Interlocal agreement to provide tourism and marketing services to the City of Kent Resolution creating a Sign Code Committee Ordinance adopting 2008 Standard Specifications Ordinance adopting WSDOT Access Permitting Standards for SR 181 Ordinance adopting by reference RCW 9.16.260, Cyberstalking Ordinance adopting by reference RCW 9A.56.063, Making or Possessing Motor Vehicle Theft Tools Ordinance amending TMC 7.04.090, Dangerous Dog Appeal Process L IJp eommm� g- Mee ngs E ven g JANUARY FEBRUARY 2008 2Sth (Monday) 29th fRiesgay):- 30t1C Vednesday) 31st(Thursday) 1st (Friday) 2nd (Saturday) Community Affairs Transportation Tukwila Parks Cmte, Cmte, 5:00 PM 5:00 PM Centennial Event (CR #3) (CR #1) Martin Yan R Court Culinary Weekend City Council READY! for Cooking demonstration Committee of the Kinde amen by Celebrity Chef Whole Mtg., Martin Yan, traditional 7:00 PM class (hosted) Chinese dinner (Council 6:00 8:00 PM to benefit KCTS Public Chambers) Thorndyke Television, and more. C.O.W. TO BE Elementary Visit tukwilal00.com IMMEDIATELY FREE for Tukwila for more information, FOLLOWED BY A families e-mail karla@ SPECIAL MEETING For more seattlesouthside.com, information call or call 206 -575 -2489 206 901 -7663 or e- mail ReadyForK@ tukwila.wednet.edu 4th (Monday) -5th (TaesdaY) `6th (w 1nesday) 7th- (Thursday} 8tli.(Friday)-; 9th (Saturday) Utilities Cmte, Chamber of Sister City Equity Human 5:00 PM Commerce Cmte, Diversity Services (CR 41) Gov't. 5:30 PM Commission, Advisory Community (CR #3) 5:00 PM Board, Civil Service Affairs Cmte., (Showalter 10:00 AM Il i Commission 12:00 NOON Middle (Human 5:00 PM (Chamber School Services (CR #3) Office) Library) office) NOTE CHANGE DJ MEETING DATE TO Arts 1ST MONDAY OF Commission, EACH MONTH. 5:00 PM (Community Court Center) City Council Regular Mtg., Finance 7:00 PM Safety Cmte, (Council 5:00 PM Chambers) (CR 43) Tukwila's government channel is now available to Comcast subscribers in T-:: -4-. Tukwila on Channel 21. Tune in for meeting and event information, emergency reports and other public service announcements. Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. >Chamber of Commerce's Tukwila 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. 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. Agenda items for 1/28/08 meeting: (A) Modifications to zoning and subdivision codes to allow for zero lot line townhouse development. (B) Amendment 41 to Contract 03 -058 with Starfire Sports. Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. 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, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. ➢Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180. 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 Stephanie Gardner at 206 767 -2342. 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. Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206 433 -1844. Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. Agenda items for 1/29/08 meeting: (A) Commute Trip Reduction ordinance. (B) Growth and Transportation Efficiency Center resolution. (C) Municipal Research Service Center Rosters. (D) Builders Exchange of Washington. Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. R Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). I 1