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Home My WebLink AboutReg 2006-10-16 COMPLETE AGENDA PACKET ,:g Tukwila City Council Agenda 0 •REGULAR MEETING t J J Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez VP: "s Berry, City Administrator Pam Carter Jim Haggerton i9US Dennis Robertson, Council President Pamela Linder Verna Griffin MONDAY, October 16, 2006; 7:00 PM Ord #2135 Res #1614 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL Introduction of new Parks Recreation employee: PRESENTATIONS DeForrest Phelps, Youth and Teen Program Coordinator. U.S. Mayors Climate Protection Agreement: Kim Drury, City of Seattle, Office of Sustainability and Environment. 3. PROCLAMATION/ Human Services Advisory Board: APPOINTMENTS Ken Heikkila, Pos. #2; term expires 4/30/07 (fills vacancy) Gary Vanderhoff, Pos. #7; term expires 4/30/08 (reappointment). z:. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda (please limit your comments to five minutes). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT a. Approval of minutes: 10/02/06 (Regular). AGENDA b. Approval of vouchers. c. Accept as complete the 2005 Small Drainage Program Project with Pg. Dennis R. Craig Construction, Inc.; authorize release of retainage subject to standard claim and lien release procedures. (Final cost of project: $388,019.56). d. Accept as complete the Strander Boulevard Storm Drainage and Pg. Pump Station #17 Project with Frank Coluccio Construction Company; authorize release of the retainage bond subject to standard claim and lien release procedures. (Final cost of project: $1,547,185.04). 6. PUBLIC An ordinance amending the Tukwila Zoning Code to regulate the Pg. HEARINGS siting of wireless communication facilities. 1'. UNFINISHED a. An ordinance amending the Tukwila Zoning Code to regulate the Pg. BUSINESS siting of wireless communication facilities (see Public Hearing above). b. A resolution joining the National League of Cities' "Partnership for Pg. Working Toward Inclusive Communities." c. Authorize the Mayor to sign the WRIA 9 Interlocal Agreement for Pg. Green River, Duwamish, and Central Puget Sound Watersheds. d. A resolution in support of the Transit Now Initiative. Pg. e. Continuation of review of 2007 Proposed Budget CIP (PLEASE BRING YOUR PROPOSED BUDGET AND CIP). Pg. (Continued) Tukwila City Council Agenda (Continued) REGULAR MEETING MONDAY, October 16, 2006 Page 2 8. NEW a. A resolution ordering the cancellation of outstanding claims /payroll Pg BUSINESS checks issued prior to July 1, 2005 and gift certificates issued prior to July 1, 2004. b. A resolution regarding annual write -off of accounts receivable and return check write -offs. Pg 9. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 10. MISCELLANEOUS 1 11. EXECUTIVE SESSION Pending Litigation; pursuant to RCW42.30.110(1)(i) (15 minutes) 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at w and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNoPsIs Initials ITEM NO. Q *1 Meeting Date 1 Prepared by 1 Mayor's reziew I Council reziew 1 f 10/16/06 16/0 1 so 1 1 2 4 k �J": I 1 1 r ITEM INFORMATION CAS NUMBER 06-117 I ORIGINAL AGENDA DATE: OCTOBER 16, 2006 AGENDA ITEM TITLE Appointments to Human Services Advisory Board CATEGORY Discussion Motion Resdion Ordinanw Bid Amid id Public Hearing Other MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate10 /16/06 SPONSOR Council Mayor AdmSzs D C D F i n a r x e F i r e L e g a l P& R Pdice PW SPONSOR'S Appointment of Ken Heikkila to Position #2, term to expire 4/30/2007. Reappointment of SUMMARY Gary Vanderhoff to Position #7, term to expire 4/30/2008. REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte 111 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. Confirm appointments COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/16/06 MTG. DATE ATTACHMENTS 10/16/06 Memo from Mayor to Council dated 10/2/06 �11I�4, R i V Cit of Tukwila t� if i i6) VS) 1 l��:: 2i 6200 Southcenter Boulevard Tukwila. Washington 98188 Steven M. Mullet, Mayor 4tx, 1908 sy' To: City Council From: Mayor's Office RE: Human Services Advisory Board Date: October 2, 2006 Two positions on the Human Services Advisory Board have terms that expired in April of this year. Sisay Desalegn (Position #3, Citizen Rep) chose not to be reappointed, leaving a vacancy. Gary Vanderhoff (Position #7, Religious Community Rep) chose to continue serving on the Board. In addition, Debby Englund (Position #2, School District Rep) resigned her position this past August. I am pleased to forward to you the application of Mr. Ken Heikkila, who is the Director of Student Services for the Tukwila School District, and has submitted his application for the vacancy in Position #2. His term will expire on 4/30/2007 (filling the unexpired term of Debby Englund). At this time I would also like to formally reappoint Gary Vanderhoff to position #7, which will expire on 4/30/2008. Unless I hear otherwise from the Council prior to October 10, I will invite Mr. Heikkila and Mr. Vanderhoff to the Regular City Council meeting on October 16, 2006, to have these appointments confirmed. Thank you. /so attachment Phone: 206- 433 -1800 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us Memorandum Vii' y �v r,,, Y tr ur i To: Mayor Mullet s fi E CC: Rhonda Berry From: Stacy Hansen Date: 9/11/2006 Re: Appointment to Human Services Advisory Board Attached please find attached an application for Dr. Kenneth Heikkila, who would represent the school district position on our HuTnan Services Advisory Board. As the Director of Student Services for Tukwila School District, Dr. Heikkila is familiar with the needs of kids and families who attend Tukwila schools. With his background and knowledge of the student population, he will be a strong asset to our Advisory Board. Please let me know if you have any questions regarding his appointment. fiLi, 1y W s TUKVlILA .t. L y w 4'• -1 0 80 9 City of Tukwila t APPLICATION FOR APPOINTMENT I wish to be considered for appointment to the following board or commission: Arts Commission Lodging Tax Advisory Committee Park Commission Equity and Diversity Commission C Human Services Board Planning Commission C Civil Service Commission C Library Advisory Board Sister City Committee C Community- Oriented Policing Citizens Advisory Board Economic Development Advisory Board Other: Name: "v_ lee .4./Are T Ft i L t Le f L A Address: 4 'lc r o -,-r H P R I c f r y E r 1 f.- ,La 9 ki t, Zip Code: 9 f i t.-e Email Address: h k L: L L C L..,J lti., Lsi ern e_ t", e C A Phone: MIMUNIMINIMII Please check all that apply to you within the Tukwila city limits: Resident C Residential property owner Renter Business owner /manager C School district representative High school student Present Employer: /Li-- L✓ i S 14'O 01- D, r7-,e Address: y6 /O 1 Lf rid /'/4 4 .f'; izLc 9J /vcP Phone: SEINIMMINNI Hobbies /Interests: Have you previously served on one of the Boards or commissions above? Yes C No Please explain: Date available for appointment: .•il�T« -fz:' Available to attend evening meetings: C Yes No Daytime meetings? C Yes No Approximately how many hours each month can you devote to City business? A z 4 a L Other Comments: An applicant's political position has no bearing on his /her appointment to a board or commission. Availability is important: a time commitment is required. f f J Signature: /7.--,.,-...,... v 1„1: Date: 1/7// Please return c ompleted form to: Office of the Mayor If you have questions regarding this application or would 6200 Southcenter Boulevard like more information about any of the City's boards and Tukwila, Washington 98188 commissions, please call the Mayor's Office at 433 -1850. COUNCIL AGENDA SYNOPSIS Initials ITEM No. s 12 Meeting Date 1 Prepared by Mayor's review 1 j'qunci1 review o I 10/16/06 BG Ann .{.et- 1//1. 5, /1 ITEM INFORMATION 1 CAS NUMBER: 06-118 I ORIGINAL AGENDA DATE: OCTOBER 16, 2006 AGENDA ITEM TrnLE Accept as complete 2005 Small Drainage Project and release retainage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 10/16/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe7R Police PIS SPONSOR'S The contract with Dennis R. Craig Construction, Inc. is complete for the 2005 Small SUMMARY Drainage Project. Construction began November 4, 2005 and was entirely completed on August 22, 2006. The contract eliminated drainage problems at three sites. Overruns were spread out over 45 bid items and cannot be attributed to any one specific cause. This project is ready for final acceptance and the total contract amount was $388,019.56. REV IEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/3/06 RECOMMENDATIONS: SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage. COMMITTEE Unanimous approval; forward to Regular Consent Agenda. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $388,019.56 $797,000.00 Fund Source: 412.02 Surface Water Comments: 1 MTG. DATE I RECORD OF COUNCIL ACTION 1 10/16/06 MTG. DATE I ATTACHMENTS 10/16/06 Information Memo dated September 26, 2006 Notice of Completion of Public Works Contract 05 -117 Utilities Committee Meeting Minutes from October 3, 2006 1 1 I INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: September 26, 2006 Subject: 2005 Small Drainage Program Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage in the amount of $19,400.98. BACKGROUND The Notice to Proceed for Contract No. 05 -117 with Dennis R. Craig Construction, Inc., of Redmond, Washington, was issued November 4, 2005, for construction of the 2005 Small Drainage Program, Project No. 05 -DR01. This project completed three drainage sites: Site No. 1 45 Ave S (approximately S 123' to S 124 St) Site No. 2 43' Ave S (S 142' St to S 140 St) S 140 St (43 Ave S to 45 Ave S) 45 Ave S (S 140 St to S 139 St to outfall to creek) Site No. 3 42' Ave S (south of Southcenter Blvd) Site No. 1 eliminated the drainage problems on the east side of 45 Ave S, north of S 124 St. Site No. 2 eliminated the failing storm drain under the house on S 140 St. Site No. 3 eliminated the drainage problem on the west side of 42n Ave S. This contract was totally complete on August 22, 2006. No change orders were issued. The unit bid price overrun listed below was spread out across 45 unit price bid items and cannot be attributed to any one specific cause. The contract costs are summarized below: Contract Award Amount 377,481.65 Unit Bid Quantity Overruns 10,537.91 Subtotal 388,019.56 Sales Tax (N /A Rule 171) 0.00 Total Amount Paid (incl. retainage) 388,019.56 RECOMMENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of retainage, subject to the standard claim and lien release procedures. BG:ad attachment: Notice of Completion of Public Works Contract (P:Projm \A- DR Projear105DRO1 2005 SDP1Co¢smction\Info Memo Closeout DRCC 2005 SDP) State of Washington Department of Revenue J PO Box 47474 REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 600 357 430 Date 8/28/06 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: r a d f Fub_I Agency Y 3e_pa eut 13s 4}n1y Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number 2005 Small Drainage Program (Project No. 05 -DR01) 05 -117 Contractor's Name Telephone Number Dennis R. Craig Construction, Inc. 425- 882 -2922 Contractor's Address P.O. Box 595, Redmond, WA, 98073 -0595 Date Work Commenced Date Work Completed Date Work Accepted 11/4/05 8/14/06 Surety or Bonding Company Travelers Casualty and Surety Company of America, Bond No. 104600773 Agent's Address Bush Cotton Scott, LLC, P.O. Box 3018, Bothell, WA 984041 -3018 Contract Amount 377,481.65 Additions 10,537.91 Liquidated Damages 0.00 Reductions Sub -Total 388,019.56 Amount Disbursed 368,618.58 Amount of Sales Tax Paid at 0.0 0.00 Amount Retained 19,400.98 (If various rates apply, please send a breakdown.) TOTAL 388,019.56 TOTAL 388,019.56 Dtsbutlrsm Ofeer Comments: Sales Tax Rule 171 applies to this Signature storm drain work within City right -of -way. Type or Print Name Diane Jaber Finance Approval Phone Number 206 -433 -1871 6 The Disbursing Officer must complete and mail THREE copies of This notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27 -01) Utilities Committee October 3, 2006 5:00 p.m. Present: Pam Linder, Chair; Verna Griffin, and Dennis Robertson, Council members. Jim Haggerton, council member Excused. Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer; Pat Brodin, Operations Manager; Gail Labanara, Public Works Analyst; and Diane Jenkins, Administrative Assistant to the Council. Business Agenda A. 2005 Small Drainage Program Project Completion and Acceptance Mr. Giberson presented the 2005 Small Drainage Program for Completion and Acceptance. Dennis R Craig, Inc. was the contractor for this project. This company is also contracted to perform the 2006 Small Drainage Project. The project went well. Mr. Giberson reviewed �J the work done on the three sites involved. There were no change orders. Unanimous Approval. Forward to regular council consent agenda. B. Strander Boulevard Storm Drainage and Pump Station #17 Project Completion and Acceptance Mr. Giberson presented the Strander Boulevard Storm Drainage and Pump Station #17 for Completion and Acceptance. Frank Coluccio Construction Company was the contractor for this project. Ms. Linder asked why the project took so long to complete. Mr. Giberson related that it due to weather conditions and when the paving could be scheduled. He noted that there was a new outfall to the river which addressed flooding concerns along Strander Boulevard. Unanimous Approval. Forward to regular council consent agenda. Old Business Mr. Morrow provided an update on the petitioning of Department of Transportation to close two lanes of I -5 while the gantry is moved for Sound Transit. S. 144 is expected to be closed for three days. Mr. Morrow also referenced a letter received from the United States Army Corps of Engineers regarding 32 trees along the levee that the Corps would like removed. He continued and explained that there are multiple agencies involved: King County Flood Control, National Marine Fisheries, Washington State Fish and Wildlife, Mukilteo Indian Tribe, Federal Emergency Management Act (FEMA), etc. These agencies do not agree on what action should be taken. The National Marine Fisheries may choose to invoke the endangered species act. Mr. Morrow will not be taking immediate action on the removal of the trees. Ms. Linder asked Mr. Morrow to draft a memo updating the council on this issue. Ms. Linder asked what would happen if the levee is decertified. Mr. Morrow explained that businesses would be required to purchase flood insurance. If they built their facility while the levee was certified, they would be eligible to purchase subsidized flood insurance. New construction would be required to build 2 feet above flood elevation. The Army Corps of Engineers is scheduled to make their recommendation in a few weeks. Adjournment: 5:50 p.m. Committee Chair Approval Minutes by DJ. Reviewed by GL and RB. COUNCIL AGENDA SYNOPSIS y ti --Initials -Initials ITEM No. 0 2• 1, 1 Meeting Date 1 Prepared by 1_ Mayor's review I ,GQuncil review 's i +oi 2 10/16/06 1 BG _AA2. I rsoa 1 1 I I 1 ITEM INFORMATION CAS NUMBER: 06-119 I ORIGINAL AGENDA DATE: OCTOBER 16, 2006 AGENDA ITEM TITLE Accept as complete Strander Blvd Storm Drainage and Pump Station #17 Project and release retainage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 10/16/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PI/ SPONSOR'S The contract with Frank Coluccio Construction Company is complete for the Strander Blvd SUMMARY Storm Drainage and Pump Station #17 Project. Construction began June 13, 2005 and was entirely completed on July 29, 2006. The contract installed a new pump station at Bicentennial Park and a larger storm conveyance system at the intersection of Strander Blvd /Andover Park E and the Green River. One change order was issued along with significant underruns. This project is ready for final acceptance and the total contract amount was $1,547,185.04. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/3/06 RECOMMENDATIONS: SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage. Com:mu Unanimous approval; forward to Regular Consent Agenda. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,547,185.04 $2,177,000.00 Fund Source: 412.02 Surface Water Comments: MTG. DATE I RECORD OF COUNCIL ACTION 10/16/06 I MTG. DATE 1 ATTACHMENTS 10/16/06 I Information Memo dated September 26, 2006 Notice of Completion of Public Works Contract 05 -073 Utilities Committee Meeting Minutes from October 3, 2006 INFORMATION MEMO To: Mayor Mullet From: Public Works Directorril Date: September 26, 2006 Subject: Strander Boulevard Storm Drainage and Pump Station #17 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage bond. BACKGROUND The Notice to Proceed for Contract No. 05 -073 with Frank Coluccio Construction Company of Seattle, Washington, was issued June 13, 2005, for the construction of Strander Boulevard Storm Drainage and Pump Station #17 (Project No. 86- DR01). This contract was substantially completed on June 15, 2005, and entirely completed on July 29, 2006. One change order was issued during construction, in the amount of $26,650.00, for the resolution of major utility conflicts with the new storm drain pipe into the new Pump Station #17 wet well (in entrance to Bicentennial Park). High pressure natural gas and Olympic Pipeline jet fuel lines and PSE power encased in concrete were a major obstacle requiring numerous redesigns, night work and field fitting. The underruns on this project were primarily due to: a reduced amount of 36 -inch diameter storm drain pipe, fewer catch basins and manholes, and no unsuitable foundation soils were encountered in the storm drain pipe trench. The contract costs are summarized as follows: Contract Award Amount 1,566,424.00 Change Order No. 1 26,650.00 Underruns (45,888.96) Sales Tax (N /A Rule 171) 0.00 Total Amount Paid (incl. retainage bond) 1,547,185.04 RECOMMENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of the retainage bond, subject to the standard claim and lien release procedures. BG:ad attachment: Notice of Completion of Public Works Contract (P:Pmjeccs A. DR Projau186DROI Sender Blvd IC— ...:.._JNR) MEMO Aocepuoce Saucier Blvd) State of Washington Department of Revenue '1 PO Box 47474 R EVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 578 025 601 Date 8/10/06 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: n-- 'f .1 t rs_ 3 .J---:-.•/ irk i .S- .,t,- i Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Strander Blvd Stormwater Pump Station #17 (Project 86 DR01) 05 073 Contractor's Name Telephone Number Frank Coluccio Construction Company 206 722 5306 Contractor's Address 9600 Martin Luther King Jr. Way South, Seattle, WA 98118 Date Work Commenced Date Work Completed Date Work Accepted 6/13/05 7/29/06 Surety or Bonding Company Safeco Insurance Company of America, Bond No. 6339135 Agent's Address Bratrud Middleton Insurance Brokers, Inc., P.O. Box 2940, Tacoma, WA 98401 -2940 Contract Amount 1,566,424.00 Additions 26,650.00 Liquidated Damages 0.00 Reductions 45,888.96 Sub -Total 1,547,185.04 Amount Disbursed 1,547,185.04 Amount of Sales Tax Paid at 0.0 0.00 Amount Retained 0.00 (If various rates apply, please send a breakdown.) TOTAL 1,547,185.04 TOTAL 1,547,185.04 Comments. Retainage Bond in place. Sales Tax Rule 171 applies. Signature Type or Print Name Diane Jaber Finance Approval l a Phone Number 206 -433 -1871 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27-01) Utilities Committee October 3, 2006 5:00 p.m. Present: Pam Linder, Chair; Verna Griffin, and Dennis Robertson, Council members. Jim Haggerton, council member Excused. Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer; Pat Brodin, Operations Manager; Gail Labanara, Public Works Analyst; and Diane Jenkins, Administrative Assistant to the Council. Business Agenda A. 2005 Small Drainage Program Project Completion and Acceptance Mr. Giberson presented the 2005 Small Drainage Program for Completion and Acceptance. Dennis R Craig, Inc. was the contractor for this project. This company is also contracted to perform the 2006 Small Drainage Project. The project went well. Mr. Giberson reviewed the work done on the three sites involved. There were no change orders. Unanimous Approval. Forward to regular council consent agenda. B. Strander Boulevard Storm Drainage and Pump Station #17 Project Completion and Acceptance Mr. Giberson presented the Strander Boulevard Storm Drainage and Pump Station #17 for 4( Completion and Acceptance. Frank Coluccio Construction Company was the contractor for this project. Ms. Linder asked why the project took so long to complete. Mr. Giberson related that it due to weather conditions and when the paving could be scheduled. He noted that there was a new outfall to the river which addressed flooding concerns along Strander Boulevard. Unanimous Approval. Forward to regular council consent agenda. Old Business Mr. Morrow provided an update on the petitioning of Department of Transportation to close two lanes of I -5 while the gantry is moved for Sound Transit. S. 144 is expected to be closed for three days. Mr. Morrow also referenced a letter received from the United States Army Corps of Engineers regarding 32 trees along the levee that the Corps would like removed. He continued and explained that there are multiple agencies involved: King County Flood Control, National Marine Fisheries, Washington State Fish and Wildlife, Mukilteo Indian Tribe, Federal Emergency Management Act (FEMA), etc. These agencies do not agree on what action should be taken. The National Marine Fisheries may choose to invoke the endangered species act. Mr. Morrow will not be taking immediate action on the removal of the trees. Ms. Linder asked Mr. Morrow to draft a memo updating the council on this issue. Ms. Linder asked what would happen if the levee is decertified. Mr. Morrow explained that businesses would be required to purchase flood insurance. If they built their facility while the levee was certified, they would be eligible to purchase subsidized flood insurance. New construction would be required to build 2 feet above flood elevation. The Army Corps of Engineers is scheduled to make their recommendation in a few weeks. Adjournment: 5:50 p.m. .)G--- Committee Chair Approval Minutes by DJ. Reviewed by GL and RB. f y gs COUNCIL AGENDA SYNOPSIS ip Initials ITEMNO. H' Z 4 lb e o Meeting Date Prepared by Mayor' review ouncijgreview Wit /0: 09/11/06 1 BM fot 1 ,1 /t� 1 10/16/06 I 7P for 1 ;1;� 1�1n, 1 1 TEM- 1NFORMATION CAS NUMBER: 06-105 IORIGINALAGENDA DA'Z'E: 9/11/06 AGENDA ITEM TITLE Creation of a Wireless Telecommunications Chapter CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 9/11/06 Mtg Date Mtg Date Mtg Date 10/16/06 Mtg Date Mtg Date 10/16/06 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The Planning Commission considered this issue on 5/25/06, 6/22/06 and 7/27/06. The SUMMARY Commission has recommended the approval of a Wireless Telecommunications Chapter to regulate the placement, location, and design of future wireless telecommunication facilities (cell antennas) within the City. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'L'E: 8/29/06 RECOMMENDATIONS: SPONSOR /ADMIN. Conduct Public Hearing and consideration of proposed ordinance COM1{I'r1EE Forward to Committee of the Whole COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE 1 RECORD- OF COUNCIL A CT_ _ION 9/11/06 I City Council was briefed on proposed ordinance MTG. DATE ii=== ATTACHMENTS 9/11/06 Memo from DCD 9/11/06 Draft Ordinance with proposed changes 10/16/06 Memo from Planning Staff Ordinance in final form Minutes from Community Affairs and Parks Committee of 8/29/06 ILA, Q 9,' i j Ci of L uf� ,YY t Steven M. Mullet Mayor Department of Community Development Steve Lancaster, Director 1908 Mayor City Council FROM: Steve Lancaster, Director RE: Wireless Communication Chapter Response to Council COW Items DATE: October 11, 2006 This memo is intended to address the items that were raised at the September 11, 2006 COW meeting regarding the proposed wireless telecommunications chapter. Item 1: Council directed staff to explore limiting the number of antennas that are permitted on a wireless communications tower. Staff's Response Staff has not included any code language to address this item. The proposed ordinance does not provide a quantitative limit on the number of antennas permitted on an existing wireless communications tower. However, due to separation requirements, the number of antennas on an existing tower would be limited. Typically wireless providers must maintain a separation of ten feet between their antennas and a competitor's antennas. Thus, this separation need would limit the number of providers available to locate on a wireless tower. Item 2: Council wanted to ensure that the exemption section of the code addresses dishes used to receive and send internet signals for both residents and businesses. Staffs Response An exemption for dishes used to receive or send internet signals is consistent with the intent of the code. Staff has added the following language under the exemption section of the code. 2. An antenna that is designed to receive or send direct broadcast satellite service and/or broadband signals, or other means for providing internet service including direct -to -home satellite services, and that is one meter or less in diameter or diagonal measurement and when the antenna is attached to the residence or business that is utilizing the service. 1 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 Staff reviewed some of the current dishes being used by restaurants and convenient stores and they are less than one meter in diameter. Item 3: Council asked for some clarification on the matrix and location requirements for wireless communication facilities. Staff's Response The following language has been included in the proposed ordinance. 2. The priorities for the type of wireless communication facility shall be based upon the matrix provided in this chapter (Table A). Desirable facilities are located on the top of the matrix and least desirable facilities are located at the bottom of the matrix. Any application for a wireless communication facility must work down from the above matrix. For example, an applicant must demonstrate by engineering evidence that using a transmission tower collocation is not possible before moving to a utility pole collocation, and so forth, with the last possible siting option being a new tower or waiver request. Item 4: Encouraging wireless providers to use city owned properties in order to generate revenue. Staff's Response Planning Staff has added the following language to the "purpose" section of the proposed chapter. 7. Allow wireless communication companies to use City property (i.e. City Hall, Community Center, parks, etc) for the placement of wireless facilities, where consistent with other public needs, as a means to generate revenue for the City; The language does not mandate that wireless providers attempt to locate facilities on City owned facilities and property. Many other government entities have found it profitable to rent public property in order to generate revenue. Staff would suggest that this matter be explored in the future. Further conversations would need to take place with Public Works and Parks. Item 5: Height of Ham Radios Staff's Response The exemption section of the proposed chapter provides standards for the construction of HAM radio facilities. HAM radio antennas are exempt if they meet certain development 2 standards. One of the development standards requires that the antennas be placed at least three quarters of its height from any property lines. There was some concern that the long narrow lots in Tukwila would not be permitted to have HAM radio antennas due to this setback provision. In the future if such a scenario were to occur an applicant could seek a variance. There was also some concern regarding height of proposed HAM towers and FAA requirements. A proposed HAM tower cannot exceed the maximum height of the applicable zoning. Thus, within the LDR zone the maximum height of the HAM tower would be 30 feet. Conclusion The minor changes outlined in this chapter have been included in the proposed ordinance. No action needs to occur with regards to these changes if Council is satisfied with the language. 3 1948 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA'S ZONING CODE TO REGULATE THE SITING OF WIRELESS COMMUNICATION FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City has received or expects to receive requests to site wireless communica- tion facilities within its boundaries; and WHEREAS, the City recognizes that Congress, pursuant to the Telecommunications Act of 1996, has imposed requirements that local governments not unreasonably discriminate among providers of functionally equivalent personal wireless services, or act in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, while at the same time preserving traditional State and local authority over the placement, construction, and modification of wireless communication facilities; and WHEREAS, the City finds that the provisioning of personal wireless services to the residents of the City of Tukwila is in the public interest, and that permitting the placement, construction and modification of wireless communication facilities within its boundaries is necessary to support such service; and WHEREAS, it is the City's intent therefore to permit the placement, construction, and modification of wireless communication facilities within its boundaries; and WHEREAS, the City also finds that placement, construction and modification of wireless communication facilities could adversely affect the character, aesthetics, property values, historic significance, and environmental quality of the community; and WHEREAS, the City also finds that construction/installation of new towers to support antenna installations is likely to have a more significant adverse impact upon the character, aesthetics, property values, historic significance, and environmental quality of the community than use of existing towers, structures, and power poles and use of alternative technology for such installations; and WHEREAS, the City has undertaken a review of its Zoning Code and determined that existing Zoning Code provisions are technologically dated, unclear or non-existent regarding wireless communication facilities, and do not adequately implement the goals, objectives and policies of the adopted Comprehensive Plan or adequately protect the public health, safety and welfare; and WHEREAS, it is the City's intent to protect and promote the public health, safety and welfare by adding new regulations to the City's Zoning Code regarding the placement, construction and modification of wireless communication facilities within its boundaries; and WHEREAS, the Planning Commission, after conducting three public hearings on May 25, June 22 and July 27, 2006, recommended that the City Council adopt the proposed new wireless communication facilities regulations; and WHEREAS, the City Council's Community Affairs and Parks Committee conducted a public meeting on August 29, 2006, at which time it heard a presentation from staff and reviewed the proposed new wireless communication facilities regulations, and upon such review recommended that modifications to language regarding new towers and height waivers and other minor modifications be made; and WHEREAS, the City Council has conducted a duly noticed public hearing during the regular meeting on October 2, 2006, and subsequently continued further consideration of the proposed text amendments; and WHEREAS, the City Council has based its findings and conclusions upon consideration of, among other things, the existing topography and geography of the City, existing land uses, available wireless communication technology, existing wireless communications facilities and wireless ord.doc, 10/12/06 Page 1 of 26 coverage, public testimony, presentations by staff, applicable laws, rules and regulations including, without limitation, the National Environmental Policy Act and the State Environmental Policy Act, applicable court decisions, and the records on file with the office of the City Clerk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Wireless Communication Facilities. New regulations concerning wireless communication facilities, to be codified at TMC Chapter 18.58, are hereby adopted as follows: 18.58.010 Purpose A. The purpose of this Chapter is to regulate the placement, construction and modification of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. The purpose of this Chapter will be achieved through adherence to the following objectives: 1. Establish clear and nondiscriminatory local regulations concerning wireless telecommunications providers and services that are consistent with Federal and State laws and regulations pertaining to telecommunications providers; 2. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, and health and safety of persons and property; 3. Encourage providers of wireless communication facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 4. Encourage the location of wireless communication facilities in nonresidential areas and allow wireless communication facilities in residential areas only when necessary, to meet functional requirements of the telecommunications industry; 5. Minimize the total number of wireless communication facilities in residential areas; 6. Require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, in order to reduce cumulative negative impact upon the City; 7. Allow wireless communication companies to use City property (i.e. City Hall, Community Center, parks, etc.) for the placement of wireless facilities, where consistent with other public needs, as a means to generate revenue for the City; 8. Ensure wireless communication facilities are configured in a way that minimizes the adverse visual impact of the wireless.communication facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, and through assessment of technology, current location options, siting, future available locations, innovative siting techniques and siting possibilities beyond the jurisdictional boundaries of the City; 9. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; 10. Provide for the removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and Building Code compliance, and provide a mechanism for the City to cause these abandoned wireless communication facilities to be removed, to protect the citizens from imminent harm and danger; 11. Avoid potential damage to adjacent properties from tower failure, through engineering, careful siting, and maintenance of wireless communication facilities; and 12. Provide a means for public input on major wireless communications facility placement, construction and modification. B. In furtherance of these objectives, the City shall give due consideration to the Comprehensive Land Use Plan, zoning code, existing land uses, and environmentally sensitive areas in approving sites for the location of communication towers and antennas. C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize visual impact, while furthering the development of enhanced telecommunication services in the City. These objectives were designed to comply with the Telecommunications Act of 1996. The provisions of this Chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This Chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. wireless ord.doc, 10/11/06 Page 2 of 26 D. To the extent that any provision of this Chapter is inconsistent or conflicts with any other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be construed consistently with the other provisions and regulations of the City. E. In reviewing any application to place, construct or modify wireless communication facilities, the City shall act within a reasonable period of time after an application for a permit is duly filed, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The City shall approve, approve with conditions, or deny the application in accordance with Title 18 of the Tukwila Municipal Code, this Chapter, the adopted Tukwila Comprehensive Plan, and other applicable ordinances and regulations. 18.58.020 Authority and Application. The provisions of this Chapter shall apply to the placement, construction or modification of all wireless communication facilities, except as specifically exempted in TMC Section 18.58.030. 18.58.030 Exemptions. The provisions of this Chapter shall not apply to the following: 1. Routine maintenance and repair of wireless communication facilities, excluding structural work or changes in height or dimensions of antennas, towers or buildings; provided that the wireless communication facility received approval from the City of Tukwila or King County for the original placement, construction or subsequent modification. Changing of antennas on wireless communication facilities is permitted, provided the new antennas have the same area or less of those removed. The total number of antennas must remain the same. Additional ground equipment may be placed within an approved equipment enclosure, provided the height of the equipment does not extend above the screening fence. 2. An antenna that is designed to receive or send direct broadcast satellite service and /or broadband signals, or other means for providing internet service including direct -to -home satellite services, and that is 1 meter or less in diameter or diagonal measurement, and when the antenna is attached to the residence or business that is utilizing the service. 3. An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is 1 meter or less in diameter or diagonal measurement. 4. An antenna that is designed to receive television broadcast signals. 5. Antennas for the receiving and sending of amateur radio devices or HAM radios, provided that the antennas meet the height requirements of the applicable zoning district, and are owned and operated by a Federally licensed amateur radio station operator or are used exclusively for receive -only antennas. In order to reasonably accommodate licensed amateur radio operators as required by Federal Code of Regulations, 47 CFR Part 97, as amended, and Order and Opinion (PRB -1) of the Federal Communication Commission of September 1985, and RCW 35A.21.260, a licensed amateur radio operator may locate a tower not to exceed the height requirements of the applicable zoning district, provided the following requirements are met for such towers located in a residentially-zoned district: a. The tower and any antennas located thereon shall not have any lights of any kind on it and shall not be illuminated either directly or indirectly by any artificial means; b. The color of the tower and any antennas located thereon must all be the same and such that it blends into the sky, to the extent allowed under requirements set forth by the Federal Aviation Administration; c. No advertising logo, trademark, figurine or other similar marking or lettering shall be placed on the tower or any wireless communication facilities mounted or otherwise attached thereto or any building used in conjunction therewith; d. The tower shall be located a distance equal to or greater than its height from any existing residential structure located on adjacent parcels of property, including any attached accessory structures; e. A tower must be at least three-quarters of its height from any property line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that, in the event of collapse, it falls within itself, and in that event, it must be located at least one -third of its height from any property line; f. No signs shall be used in conjunction with the tower, except for one sign not larger than 81/2" high and 11" wide and as required by Federal regulations; g. Towers shall not be leased or rented to commercial users, and shall not otherwise be used for commercial purposes; and wireless ord.doc, 10/11/06 Page 3 of 26 h. All towers must meet all applicable State and Federal statutes, rules and regulations, including obtaining a building permit from the City, if necessary. 6. Emergency communications equipment during a declared public emergency, when the equipment is owned and operated by an appropriate public entity. 7. Any wireless Internet facility that is owned and operated by a government entity. 8. Antennas and related equipment no more than 3 feet in height that are being stored, shipped or displayed for sale. 9. Radar systems for military and civilian communication and navigation. 18.58.040 Permits Required. A. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of this Chapter are in addition to the applicable requirements of TMC Title 18. B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by the Director for all projects located on public or private property. The Director of Public Works or his /her designee shall review all proposed wireless communication facilities that are totally within City right-of-way. If a project is both on private or public property and City right -of -way, the DCD Director shall review the application. Regardless of whether the DCD Director or the Director of Public Works is reviewing the application, all applications will be reviewed and evaluated pursuant to the provisions of this Chapter. C. The applicant is responsible for obtaining all other permits from any other appropriate governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation Administration, etc.). D. This Chapter provides guidelines for the placement and construction of wireless communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions and modification of wireless communication facilities. E. No provision of this Chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping on a site. F. Wireless communication facilities that are governed under this Chapter shall not be eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall be based on the exceptions or waivers set forth in this Chapter. G. Third Party Expert Review Applicants use various methodologies and analyses, including geographically -based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The costs of the technical review shall be borne by the applicant. H. The selection of the third party expert may be by mutual agreement between the applicant and the City, or at the discretion of the City, with a provision for the applicant and beneficially interested parties to comment on the proposed expert and review his /her qualifications. The third party expert review is intended to address interference and public safety issues and be a site specific review of engineering and technical aspects of the proposed wireless communication facilities and /or a review of the applicants' methodology and equipment used, and is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the expert review, the City may require changes to the application. The expert review shall address the following. 1. The accuracy and completeness of submissions; 2. The applicability of analysis techniques and methodologies; 3. The validity of conclusions reached; 4. The viability of other sites in the City for the use intended by the applicant; and 5. Any specific engineering or technical issues designated by the City. I. Any decision by the DCD Director, Director of Public Works, or Planning Commission shall be given substantial deference in any appeal of a decision by the City to either approve, approve with conditions, or deny any application for a wireless communication facility. J. No alterations or changes shall be made to plans approved by the Director, Director of Public Works, or Planning Commission without approval from the City. Minor changes which do not change the overall project may be approved by the Director as a minor modification. wireless ord doc, 10/11/06 Page 4 of 26 18.58.050 Types of Permits/Priority /Restrictions. A. Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. Each wireless communication facility requires the appropriate type of project permit review, as shown in Table A: TABLE A Type of Permit Required, Based on Type of Wireless Communication Facility Zoning' Type of Facility I Residential I Commercial I Industrial Transmission tower Type 1 Type 1 Type 1 co- location Adding antennas to an Type 1 131 Type 1 131 Type la existing tower Utility pole co- location Type 2 I Type 2 Type 2 Concealed building attached Type 2 131 Type 2 131 Type 1 Non concealed building Type 2 Type 2 Type 1 attached New tower or waiver request' Type 4 I Type 4 Type 4 (1) Zoning for any private /public property or right-of-way: Residential LDR, MDR, or HDR. Commercial 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI or TI'S; Industrial LI, HI, MIC /I, or MIC /H. (2) Provided the height of the tower does not increase and the square footage of the enclosure area does not increase. (3) An applicant may request to install a non concealed building attached facility, under TMC Section 18.58.150. In the event of uncertainty on the type of a wireless facility, the DCD Director shall have the authority to determine how a proposed facility is incorporated into Table A. B. The priorities for the type of wireless communication facility shall be based upon their placement in Table A; most desirable facilities are located toward the top and least desirable facilities toward the bottom. Any application for a wireless communication facility must follow the hierarchy of Table A. For example, an applicant must demonstrate by engineering evidence that using a transmission tower co- location is not possible before moving to a utility pole co- location, and so forth, with the last possible siting option being a new tower or waiver request. C. The City's preferences for locating new wireless communications facilities are as follows: 1. Place antennas on existing structures, such as buildings, towers, water towers, or electrical transmission towers. 2. Place wireless communication facilities in nonresidentially -zoned districts and nonresidential property. 3. Place antennas and towers on public property and on appropriate rights-of-way if practical, provided that no obligation is created herein for the City to allow the use of City property or public right -of -way for this purpose. 4. City Property/Public Rights -of -Way. The placement of personal wireless communication facilities on City-owned property and public rights -of -way will be subject to other applicable sections of the Tukwila Municipal Code and review by other departments (i.e., Public Works, Parks and Recreation, etc.). 5. Wireless communication facilities shall not be permitted on property designated as landmark or as part of a historic district. D. Applicants shall submit all of the information required pursuant to TMC 18.104.060 and the following: wireless ord.doc, 10/11/06 Page Sof26 1. Type 1 Applicant shall submit: a. A completed application form provided by the Department of Community Development; b. Four sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, location of proposed antennas, and all other information which accurately depicts the proposed project. Minimum size is 8.5" by 11". Plans shall be no greater than 24" x 36 c. A letter from the applicant outlining the proposed project and an evaluation from the applicant with regard to the City's Code requirements; d. Sensitive Area studies and proposed mitigation (if required); e. If an outdoor generator is proposed, a report prepared by an acoustical engineer demonstrating compliance with TMC Chapter 8.22, "Noise and f. SEPA Application (if required). 2. Type 2 Applicant shall submit all information required for a Type 1 application, plus the following: a. Four sets of photo simulations that depict the existing and proposed view of the proposed facility; b. Materials board for the screening material; c. Landscaping plan; d. Letter from a radio frequency engineer that demonstrates that the facility meets Federal requirements for allowed emissions; e. If the facility is located within a residential zone, a report from a radio frequency engineer explaining the need for the proposed wireless communication facility. Additionally, the applicant shall provide detailed discussion on why the wireless communication facility cannot be located within a commercial or industrial zone; and f. If landscaping is proposed, four sets of a landscaping plan prepared by a Washington State licensed architect. 3. Type 4 The applicant shall submit all the information required for Type 1 and Type 2 applications, plus the following: a. All information required for new towers under TMC Section 18.58.070; b. The radio frequency engineer report shall include a discussion of the information required under TMC Section 18.58.070. The report shall also explain why a tower must be used instead of any of the other location options outlined in Table 1; c. Provisions for mailing labels for all property owners and tenants /residents within 500 feet of the subject property; d. Engineering Plans for the proposed tower; e. A vicinity map depicting the proposed extent of the service area; f. A graphic simulation showing the appearance of the proposed tower and ancillary structures and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the Director of DCD and applicant. All plans and photo simulations shall include the max imum build -out of the proposed facility; g. Evidence of compliance with minimum Federal Communications Commission (FCC) requirements for radio frequency emissions; h. Evidence of compliance with Federal Aviation Administration (FAA) standards for height and lighting and certificates of compliance from all affected agencies; and i. Evidence that the tower has been designed to meet the minimum structural standards for wireless communication facilities for a minimum of three providers of voice, video or data transmission services, including the applicant, and including a description of the number and types of antennas the tower can accommodate. 18.58.060 New Towers. A. New towers are not permitted within the City unless. the Planning Commission finds that the applicant has demonstrated by a preponderance of the evidence that: 1. Coverage objective There exists an actual (not theoretical) significant gap in service, and the proposed wireless communication facility will eliminate such significant gap in service; and wireless ord doc, 10/11/06 Page 6 of 26 2. Alternates No existing tower or structure, or other feasible site or other alternative technologies not requiring a new tower in the City, can accommodate the applicant's proposed wireless communication facility; and 3. Least intrusive: The proposed new wireless communication facility is designed and located to remove the significant gap in service in a manner that is, in consideration of the values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehensive Land Use Plan, the least intrusive upon the surrounding area. B. The Planning Commission shall be the reviewing body on the application to construct a new tower, and shall determine whether or not each of the above requirements are met. Examples of evidence demonstrating the foregoing requirements include, but are not limited to, the following: 1. That the tower height is the minimum necessary in order to achieve the coverage objective; 2. That no existing towers or structures or alternative sites are located within the geographic area required to meet the applicant's engineering requirements to meet its coverage objective (regardless of the geographical boundaries of the City); 3. That existing towers or structures are not of a sufficient height or could not feasibly be extended to a sufficient height to meet the applicant's engineering requirements to meet its coverage objective; 4. That existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; 5. That the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; 6. That the fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; 7. That an alternative technology that does not require the use of a new tower, such as a cable microcell network using multiple low-powered transmitters /receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable; and 8. The applicant demonstrates other limiting factors that render existing towers and structures or other sites or alternative technologies unsuitable. All engineering and technological evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. C. The Planning Commission, after holding a public hearing, shall either approve, approve with conditions, or deny the application, or remand the application back to staff for further investigation in a manner consistent with the Planning Commission order. 18.58.070 General Requirements. The following shall apply to all wireless communication facilities regardless of the type of facility: 1. Noise Any facility that requires a generator or other device which will create noise must demonstrate compliance with TMC Chapter 8.22, "Noise A noise report, prepared by an acoustical engineer, shall be submitted with any application to construct and operate a wireless communication facility that will have a generator or similar device. The City may require that the report be reviewed by a third party expert at the expense of the applicant. 2. Business license requirement Any person, corporation or entity that operates a wireless communication facility within the City shall have a valid business license issued annually by the City. Any person, corporation or other business entity which owns a tower also is required to obtain a business license on an annual basis. 3. Signage Only safety signs or those mandated by other government entities may be located on wireless communication facilities. No other types of signs are permitted on wireless communication facilities. 4. Parking Any application must demonstrate that there is sufficient space for temporary parking for regular maintenance of the proposed facility. 5. Finish— A tower shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color so as to reduce its visual obtrusiveness. wireless ord.doc, 10/11 /06 Page 7of26 6. Design The design of all buildings and ancillary structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities with the natural setting and built environment. 7. Color All antennas and ancillary facilities located on buildings or structures other than towers shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive as possible. 8. Lighting— Towers shall not be artificially lighted unless required by the FAA, FCC or other applicable authority. If lighting is required, the reviewing authority shall review the lighting alternatives and approve the design that would cause the least disturbance to the surrounding areas. No strobe lighting of any type is permitted on any tower. 9. Advertising— No advertising is permitted at wireless communication facility sites or on any ancillary structure or facilities equipment compound. 10. Equipment Enclosure— Each applicant shall be limited to an equipment enclosure of 360 square feet at each site. However, this restriction shall not apply to enclosures located within an existing commercial, industrial, residential or institutional building. 18.58.080 Electrical Transmission Tower Co- Location Specific Development Standards. The following requirements shall apply: 1. Height There is no height requirement for antennas that are located on electrical transmission towers. 2. Antenna aesthetics— There are no restrictions on the type of antennas located on the electrical transmission tower. The antennas must be painted to match the color of the electrical transmission tower. 3. Antenna intensity There is no limit on the number of antennas that may be located on an electrical transmission tower structure. 4. Feed lines and coaxial cables shall be attached to one of the legs of the electrical transmission tower. The feed lines and cables must be painted to match the color of the electrical transmission tower. 5. Cabinet equipment Cabinet equipment shall be located directly under the electrical transmission tower where the antennas are located or a concealed location. The wireless communication equipment compound shall be fenced; the fence shall have a minimum height of 6 feet and a maximum height of 8 feet. The fence shall include slats, wood panels, or other materials to screen the equipment from view. Barbed wire may be used in a utility right -of -way that is not zoned residential. 6. Setbacks Since the facility will be located on an existing electrical transmission tower, setbacks shall not apply. 18.58.090 Adding Antennas to Existing WCF Tower Specific Development Standards. The following requirements shall apply: 1. Height The height must not exceed what was approved under the original application to construct the tower. If the height shall exceed what was originally approved, approval as a Type 2 decision is required for any height which will be less than the maximum height of the zone. 2. Antenna aesthetics Antennas shall be painted to match the color scheme of the tower. 3. Antenna intensity There is no limit on the number of antennas that may be located on an existing tower. 4. Feed lines and coaxial cables Feed lines and coaxial cables shall be located within the tower. Any exposed feed lines or coaxial cables (such as when extended out of the tower to connect to the antennas) must be painted to match the tower. 5. Cabinet equipment A new cabinet shall be located within the equipment enclosure that was approved as part of the original application. If the applicant wishes to expand the equipment enclosure from what was approved by the City or County under the previous application, the applicant shall seek a wireless communication facility (Type 2) application for only the equipment enclosure increase. 6. Setbacks Setbacks shall not apply when an applicant installs new antennas on an existing tower and uses an existing equipment enclosure. If the equipment enclosure is increased, it must meet setbacks. wireless ord. doc, 10/12/06 Page 8 of 26 18.58.100 Concealed Building Mounted Development Requirements. The following requirements shall apply: 1. Height The proposed facility must meet the height requirement of the applicable zoning category. The antennas can qualify under TMC Section 18.50.080, "Rooftop Appurtenances if the antennas are located in a church spire, chimney or fake chimney, elevator tower, mechanical equipment room, or other similar rooftop appurtenances usually required to be placed on a roof and not intended for human occupancy. Stand -alone antennas shall not qualify as rooftop appurtenances. 2. Antennas aesthetics The antennas must be concealed from view by blending with the architectural style of the building. This could include steeple -like structures and parapet walls. The screening must be made out of the same material and be the same color as the building. Antennas shall be painted to match the color scheme of the building(s). 3. Feed lines and coaxial cables— Feed lines and cables should be located below the parapet of the rooftop. 4. Cabinet equipment If cabinet equipment cannot be located within the building where the wireless communication facilities will be located, then the City's first preference is to locate the equipment on the rooftop of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, then the proposed screening must be consistent with the existing building in terms of color, style, architectural style and material. If the cabinet equipment is to be located on the ground, the equipment must be fenced with a 6 -foot -tall fence, and materials shall be used to screen the equipment from view. Barbed wire may be used in the TVS, LI, HI, MIC /L, and MIC /H zones. 5. Setbacks The proposed wireless communication facilities facility must meet the setback of the applicable zoning category where the facility is to be located. 18.58.110 Non concealed Building Mounted Development Requirements. The following requirements shall apply: 1. Height The proposed facility must meet the height requirements of the applicable zoning category. If the building where the facility is located is at or above the maximum height requirements, the antennas are permitted to extend a maximum of 3 feet above the existing roof line. Non concealed building mounted facilities shall not qualify as "Rooftop Appurtenances" under TMC 18.50.080. 2. Antenna aesthetics The first preference for any proposed facility is to utilize flush mounted antennas. Nonflush- mounted antennas may be used when their visual impact will be negated by the scale of the antennas to the building. "Shrouds" are not required unless they provide a better visual appearance than exposed antennas. Antennas shall be painted to match the color scheme of the building(s). 3. Feed lines and coaxial cables Feed lines and cables should be located below the parapet of the rooftop. If the feed lines and cables must be visible, they must be painted to match the color scheme of the building(s). 4. Cabinet equipment If cabinet equipment cannot be located within the building where the wireless communication facilities will be located, then it must be located on the rooftop of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, then the proposed screening must be consistent with the existing building in terms of color, style, architectural style and material. If the cabinet equipment is to be located on the ground, the equipment must be fenced with a 6- foot -tall fence and materials shall be used to screen the equipment from view. Barbed wire may be used in the TVS, LI, HI, MIC /L, and MIC /H zones. 18.58.120 Utility Pole Co location. The following requirements shall apply: 1. Height The height of a utility pole co- location is limited to10 feet above the replaced utility pole, and may be not greater than 50 feet in height in residential zones. Within all other zones, the height of the utility pole is limited to 50 feet or the minimum height standards of the underlying zoning, whichever is greater. 2. Replacement pole The replaced utility pole must be used by the owner of the utility pole to support its utility lines (phone lines or electric). A replaced utility pole cannot be used to provide secondary functions to utility poles in the area. 3. Pole aesthetics The replaced utility pole must have the color and general appearance of the adjacent utility poles. wireless ord. doc, 10/11/06 Page 9 of 26 4. Coaxial cables Coax cables limited to 'h" in diameter may be attached directly to a utility pole. Coax cables greater than /z" must be placed within the utility pole. The size of the cables is the total size of all coax cables being utilized on the utility pole. 5. Pedestrian impact The proposal shall not result in a significant change in the pedestrian environment or preclude the City from making pedestrian improvements. If a utility pole is being replaced, consideration must be made to improve the pedestrian environment if necessary. 6. Cabinet equipment Unless approved by the Director of Public Works, all cabinet equipment and the equipment enclosure must be placed outside of City right -of -way. If located on a parcel that contains a building, the equipment enclosure must be located next to the building. The cabinet equipment must be screened from view. The screening must be consistent with the existing building in terms of color, style, architectural style and material. If the cabinet equipment is to be located on the ground, the equipment must be fenced with a 6- foot -tall fence and materials shall be used to screen the equipment from view. Barbed wire may be used in the TVS, LI, HI, MIC /L, and MIC /H zones. 7. Setbacks Any portion of the wireless communication facilities located within City right -of -way is not required to meet setbacks. The City will evaluate setbacks on private property under the setback requirements set forth in TMC Section 18.58.170. 18.58.130 Towers Specific Development Standards. The following requirements shall apply: 1. Height Any proposed tower with antennas shall meet the height standards of the zoning district where the tower will be located. 2. Antenna and tower aesthetics The applicant shall utilize a wireless communication concealed facility. The choice of concealing the wireless communication facility must be consistent with the overall use of the site. For example, having a tower appear like a flagpole would not be consistent if there are no buildings on the site. If a flag or other wind device is attached to the pole, it must be appropriate in scale to the size and diameter of the tower. 3. Setbacks The proposed wireless communication facilities must meet the setbacks of the underlying- zoning district. If an exception is granted under TMC Section 18.58.180 with regards to height, the setback of the proposed wireless communication facilities will increase 2 feet for every foot in excess of the maximum permitted height in the zoning district. 4. Color The color of the tower shall be based on the surrounding land uses. 5. Feed lines and coaxial cables All feed lines and cables must be located within the tower. Feed lines and cables connecting the tower to the equipment enclosure, which are not located within the wireless communication facility equipment compound, must be located underground. 18.58.140 Request to Use Non concealed Building Attached in Lieu of a Concealed Building Attached. The use of concealed building facilities shall have first priority in all residential and commercial zones. However, an applicant may request to construct a non concealed building attached wireless communication facility in lieu of a concealed wireless communication facility. The following criteria shall be used: 1. Due to the size of the building and the proposed location of the antennas, the visual impact of the exposed antennas will be minimal in relation to the building. 2. Cables are concealed from view and any visible cables are reduced in visibility by sheathing or painting to match the building where they are located. 3. Cabinet equipment is adequately screened from view. 4. Due to the style or design of the building, the use of a concealed facility would reduce the visual appearance of the building. 5. The building where the antennas are located is at least 200 feet from the Duwamish/Green River. 18.58.150 Landscaping/Screening. A. The visual impacts of wireless communication facilities may be mitigated and softened through landscaping or other screening materials at the base of the tower, facility equipment compound, equipment enclosures and ancillary structures, with the exception of wireless communication facilities located on transmission towers, or if the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure. The Director, Director of Public Works or Planning Commission, as appropriate, may reduce or waive the standards for those sides of the wireless communication facility that are not in public view, when a combination of existing vegetation, topography, walls, wireless ord doc, 10/12/06 Page 10 of 26 decorative fences or other features achieve the same degree of screening as the required landscaping; in locations where the visual impact of the tower would be minimal; and in those locations where large wooded lots and natural growth around the property perimeter may be sufficient buffer. B. Landscaping shall be installed on the outside of fences. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping or screening requirements. The following requirements apply: 1. Screening landscaping shall be placed around the perimeter of the equipment cabinet enclosure, except that a maximum 10 -foot portion of the fence may remain without landscaping in order to provide access to the enclosure. 2. The landscaping area shall be a minimum of 5 feet in width around the perimeter of the enclosure. 3. The applicant shall utilize evergreens that shall be a minimum of 6 feet tall at the time of planting. 4. Applicant shall utilize irrigation or an approved maintenance schedule that will insure that the plantings are established after two years from the date of planting. C. The applicant shall replace any unhealthy or dead plant materials in conformance with the approved landscaping development proposal, and shall maintain all landscape materials for the life of the facility. In the event that landscaping is not maintained at the required level, the Director, after giving 30 days advance written notice, may maintain or establish the landscaping at the expense of the owner or operator and bill the owner or operator for such costs until such costs are paid in full. 18.58.160 Zoning Setback Exceptions. A. Generally, wireless communication facilities placed on private property must meet setbacks of the underlying zoning. However, in some circumstances, allowing modifications to setbacks may better achieve the goal of this Chapter of concealing such facilities from view. B. The Director or Planning Commission, depending on the type of application, may permit modifications to be made to setbacks when: 1. An applicant for a wireless communication facility can demonstrate that placing the facility on certain portions of a property will provide better screening and aesthetic considerations than provided under the existing setback requirements; or 2. The modification will aid in retaining open space and trees on the site; or 3. The proposed location allows for the wireless communication facility to be located a greater distance from residentially -zoned (LDR, MDR, and HDR) properties. C. This zoning setback modification cannot be used to waive /modify any required setback required under the State Building Code or Fire Code. 18.58.170 Height Waivers. Where the Planning Commission finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the height limitations of the Zoning Code, or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve a height waiver to these regulations; provided that the applicant demonstrates that the waiver(s) will substantially secure the values, objectives, standards, and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan, and demonstrate the following: 1. The granting of the height waiver will not be detrimental to the public safety, health or welfare, or injurious to other property, and will promote the public interest; and 2. A particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver. Factors to be considered in determining the existence of a hardship shall include, but not be limited to: a. Topography and other site features; b. Availability of alternative site locations; c. Geographic location of property; and d. Size /magnitude of project being evaluated and availability of co- location. B. In approving the waiver request, the Planning Commission may impose such conditions as it deems appropriate to substantially secure the objectives of the values, objectives, standards and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan. wireless ord doc, 10/11/06 Page 11 of 26 C. A petition for any such waiver shall be submitted, in writing, by the applicant with the application for Planning Commission review. The petition shall state fully the grounds for the waiver and all of the facts relied upon by the applicant. 18.58.180 Expiration. Any application to install or operate a wireless communications facility shall expire exactly one year from the date of issuance of the application unless significant progress has been made to construct the facility. The City may extend the expiration period by up to one additional year due to circumstances outside of the control of the applicant. However, the City shall not issue an extension if any revisions have occurred to the City's Zoning Code which would affect the wireless communication facility approved application. 18.58.190 Removal of Abandoned Wireless Communication Facilities. Any antenna or tower that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing of the application for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove such abandoned tower shall result in declaring the antenna and /or tower a public nuisance. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower. Section 2. Ordinance 1758, as codified at Chapter 18.06 of the Tukwila Municipal Code, is hereby amended to add the following definitions: "Ancillary Wireless Communication Facilities" means any facilities, component, part, equipment, mounting hardware, feed lines, or appurtenance associated with, attached to, or a part of a tower, antenna, ancillary structures, or equipment enclosures, facilities equipment compound, and located within, above, or below the facilities equipment compound. "Ancillary Wireless Communication Facility" means any form of development associated with a wireless communications facility, including but not limited to foundations, concrete slabs on grade, guy anchors, and transmission cable supports; however, specifically excluding equipment enclosures. "Antenna(s)" means any exterior system of electromagnetically -tuned wires, poles, rods, reflecting disks, or similar devices used to transmit or receive electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals between terrestrial and /or orbital based points, including without limitation: directional antennas (also known as "panel" antennas) which transmit and receive radio frequency signals in a specific directional pattern of less than 360 degrees; omni- directional antennas (also known as "whip" antennas) which transmit and receive radio frequency signals in a 360 degree radial pattern, but do not include antennas utilized specifically for television reception; and parabolic antennas (also known as "dish" antennas) which are bowl shaped devices for the reception and /or transmission of radio frequency communication signals in a specific directional pattern. "Antenna(s) Array" means one or more antennas and their associated ancillary facilities, which share a common attachment device, such as a mounting frame or mounting support. "Antennas, Flush Mounted" are antennas or antenna array attached directly to the face of the tower or building such that no portion of the antenna extends above the height of the tower or building. "Public Entity" mean any Federal, State, or local government body or agency. "Public Right-of-Way" means all public streets, alleys and property granted, reserved for, or dedicated to public use for streets and alleys, together with all public property granted, reserved for, or dedicated to public use, including but not limited to walkways, sidewalks, trails, shoulders, drainage facilities, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights, and easements related thereto. "Public Safety Communications Equipment" means any radio or other communication equipment that is owned and exclusively used by public entities for emergency communication or communication between fire, police, and other rescue personal. "Significant Gap in Service, Wireless Communications" means a large geographic area within a service area(s) of the applicant in which a large number of applicant's remote user subscribers are unable to connect or maintain a connection to the national telephone network through applicant's wireless telecommunications network. A "dead spot" (defined as small areas within a service area where the field strength is lower than the minimum level for reliable service) does not constitute a significant gap in service. "Tower, Electrical Transmission" means any facility owned by Seattle City Light or Puget Sound Energy or any other electric utility that supports electrical lines which carry a voltage of at least 115kV. wireless ord.doc, 10/11/06 Page 12 of 26 "Tower, Guy "means a tower that is supported with cable and ground anchors to secure and steady the tower. "Tower, Lattice" means a tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing and metal crossed strips or bars to support antennas or similar antenna devices. "Tower, Monopole" means a freestanding tower that is composed of a single shaft, usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground. "Tower, Wireless Communication Facility" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers or monopoles. The term includes, without limitation, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and alternative tower structures. "Tower Mounted Facilities" means a wireless communication facility that is mounted to a tower. "Utility Pole "is any facility owned by Seattle City Light or Puget Sound Energy or any other electric utility that supports electrical lines which carry a voltage of less than 115kV, or any Qwest facility which carries telephone lines. "Wireless Communication Facility" means any tower, antenna, ancillary structure or facility, or related equipment or component thereof, which is used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, Internet, video, information services, specialized mobile radio, enhanced specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum services utilizing part 15 devices, and other similar services that currently exist or that may in the future be developed. "Wireless Communication Facility, Building Mounted" means a wireless communication facility that is attached to an existing commercial, industrial, residential, or institutional building. "Wireless Communication Facility, Concealed Facility" means a wireless communication facility that is not readily identifiable as such, and is designed to be aesthetically and architecturally compatible with the existing building(s) on a site; or a wireless communications facility disguised, hidden or integrated with an existing structure that is not a monopole or tower; or a wireless communication facility that is placed within an existing or proposed structure or tower or mounted within trees, so as to be significantly screened from view or camouflaged to appear as a non antenna structure or tower (i.e., tree, flagpole with flag, church steeple, etc.). "Wireless Communication Facility Equipment Enclosure" means any structure, including without limitation cabinets, shelters, pedestals and other devices or structures, that is used exclusively to contain radio or other equipment necessary for the transmission and /or reception of wireless communication signals including, without limitation, air conditioning units and generators. "Wireless Communication Facility Equipment Compound" means an outdoor fenced area occupied by all the towers, antennas, ancillary structure(s), ancillary facilities and equipment enclosures, but excluding parking and access ways. "Wireless Telecommunication Carrier "means any person or entity that directly or indirectly owns, controls, operates or manages any plant, equipment, structures or property within the City for the purpose of offering wireless telecommunication service within the City. "Wireless Communication Facility, Feed Lines or Coaxial Cables" means cables used as the interconnection media between the transmission/receiving base station and the antenna. Section 3. Ordinance Nos. 1758 §1(part) and 1976 §19, as codified at TMC Chapter 18.10, "Low Density Residential District", are hereby amended to remove cellular towers as a conditional use: 18.10.040 Conditional Uses The following uses may be allowed within the Low Density Residential District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, wireless ord.doc, 10/11/06 Page 13 of 26 d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Cemeteries and crematories. 3. Churches and community center buildings. 4. Dormitories 5. Electrical substations distribution. 6. Fire and police stations. 7. Libraries, museums or art galleries (public). 8. Radio, television, microwave, or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent private schools. Section 4. Ordinance Nos. 1758 §1(part) and 1976 §22, as codified at TMC Chapter 18.12, "Medium Density Residential District are hereby amended to remove cellular towers as a conditional use: 18.12.040 Conditional Uses The following uses may be allowed within the Medium Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Convalescent and nursing homes for not over 12 patients. 6. Dormitories. 7. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 8. Electrical substations distribution. 9. Fire and police stations. 10. Libraries, museums or art galleries (public). 11. Radio, television, microwave, or observation stations and towers. 12. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 13. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. wireless ord.doc, 10/11/06 Page 14 of 26 Section 5. Ordinance Nos. 1758 §1(pan) and 1976 §26, as codified at TMC Chapter 18.14, "High Density Residential District are hereby amended to remove cellular towers as a conditional use: 18.14.040 Conditional Uses The following uses may be allowed within the High- Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Dormitories. 6. Electrical substations distribution. 7. Fire and police stations. 8. Radio, television, microwave, or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 6. Ordinance Nos. 1758 §1(part), 1830 §6, and 1865 §16, as codified at TMC Chapter 18.16, "Mixed Use Office District are hereby amended to remove cellular towers as a conditional use: 18.16.040 Conditional Uses The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Bed and Breakfast lodging. 2. Cemeteries and crematories. 3. Churches and community center buildings. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Electrical substation distribution. 7. Fire and police stations. 8. Hospitals, sanitariums, or similar institutions. 9. Park -and -ride lots. 10. Radio, television, microwave, or observation stations and towers. 11. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 12. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 7. Ordinance Nos. 1758 §1(part), 1830 §9, 1865 §19, and 1976 §33, as codified at TMC Chapter 18.18, "Office District are hereby amended to remove cellular towers as a conditional use: wireless ord doc, 10/11/06 Page 15 of 26 18.18.040 Conditional Uses The following uses may be allowed within the Office District, subject to the requirements, procedures, and conditions established by TMC 18.18.64, Conditional Use Permits. 1. Cemeteries and crematories. 2. Churches and community center buildings. 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations distribution. 6. Fire and police stations. 7. Hospitals, sanitariums, or similar institutions. 8. Park and -ride lots. 9. Radio, television, microwave, or observation stations and towers. 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 8. Ordinance Nos. 1758 §1(part), 1814 §3, and 1976 §38, as codified at TMC Chapter 18.20, "Residential Commercial Center District are hereby amended to remove cellular towers as a conditional use: 18.20.040 Conditional Uses The following uses may be allowed within the Residential Commercial Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Brew pubs. 2. Churches and community center buildings. 3. Convalescent and nursing homes for not more than 12 patients. 4. Fire and police stations. 5. Fraternal organizations. 6. Libraries, museums or art galleries (public). 7. Radio, television, microwave, or observation stations and towers. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, urses. 9. Restaurants, including cocktail lounges in conjunction with a restaurant. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 9. Ordinance Nos. 1758 §1(part), 1830 §12, and 1865 §23, as codified at TMC Chapter 18.22, "Neighborhood Commercial Center District are hereby amended to remove cellular towers as a conditional use: 18.22.040 Conditional Uses The following uses may be allowed within the Neighborhood Commercial Center District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Churches and community center buildings. 2. Colleges and universities. 3. Convalescent and nursing homes for more than 12 patients. 4. Electrical substations distribution. 5. Fire and police stations. 6. Park- and -ride lots. 7. Radio, television, microwave, or observation stations and towers. 8. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. wireless ord. doc 10/11/06 Page 16 of 26 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 10. Ordinance Nos. 1758 §1(part), 1830 §15, 1865 §28, and 1974 §3, as codified at TMC Chapter 18.24, "Regional Commercial District are hereby amended to remove cellular towers as a conditional use: 18.24.040 Conditional Uses The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Internet data/telecommunication centers. 12. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 13. Park- and -ride lots. 14. Pawnbrokers. 15. Radio, television, microwave, or observation stations and towers. 16. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 11. Ordinance Nos. 1758 §1(part), 1830 §18, 1865 §32, and 1974 §4, as codified at TMC Chapter 18.26, "Regional Commercial Mixed -Use District are hereby amended to remove cellular towers as a conditional use: 18.26.040 Conditional Uses The following uses may be allowed within the Regional Commercial Mixed -Use District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums or similar institutions. wireless ord doc, 10/11/06 Page 17 of 26 11. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park- and -ride lots. 13. Pawnbrokers. 14. Radios, television, microwave, or observation stations and towers. 15. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 12. Ordinance Nos. 2084 §2(part) and 2097 §15, as codified at TMC Chapter 18.28, "Tukwila Urban Center District are hereby amended to remove cellular towers as a conditional use: 18.28.040 Conditional Uses The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Bed and Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling Multi- family units (max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Indoor animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 9. Transit oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail/ Amtrak Station property. 10. Drive -in theaters. 11. Electrical substations distribution. 12. Fire and police stations. 13. Hospitals, sanitariums, or similar institutions. 14. Manufacturing, processing and/or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 15. Park and ride lots. 16. Radio, television, microwave, or observation stations and towers. 17. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 18. Schools, preschool, elementary, junior or high schools, and equivalent private schools. Section 13. Ordinance Nos. 1758 §1(part), 1830 §24, and 1865 §36, as codified at TMC Chapter 18.30, "Commercial/Light Industrial District are hereby amended to remove cellular towers as a conditional use: 18.30.040 Conditional Uses The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. wireless ord doc, 10/11/06 Page 18 0126 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 12. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 13. Manufacturing, processing and/or assembling previously prepared metals including, but not limited to;- stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park -and ride lots. 15. Radio, television, microwave, or observation stations and towers. 16. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 17. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 14. Ordinance Nos. 1758 §1(part) and 1865 §38, as codified at TMC Chapter 18.32, "Light Industrial District are hereby amended to remove cellular towers as a conditional use: 18.32.040 Conditional Uses The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals, sanitariums, or similar institutions. 10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 11. Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 12. Park- and -ride lots. 13. Radio, television, microwave, or observation stations and towers. wireless ord doc, 10/11/06 Page 19 of 26 14. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 15. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 15. Ordinance Nos. 1758 1(part) and 1865 §40, as codified at TMC Chapter 18.34, "Heavy Industrial District are hereby amended to remove cellular towers as a conditional use: 18.34.040 Conditional Uses The following uses may be allowed within the Heavy Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 10. Hospitals, sanitariums, or similar institutions. 11. Park and ride lots. 12. Radio, television, microwave, or observation stations and towers. 13. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 14. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. Section 16. Ordinance Nos. 1758 1(part), 1865 §42, and 1954 §3, as codified at TMC Chapter 18.36, "Manufacturing/Industrial Center Light District are hereby amended to remove cellular towers as a conditional use: 18.36.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center /Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities. 2. Electrical substations distribution. 3. Fire and police stations. 4. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering. 5. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 6. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 7. Offices including, but not limited to, software development and similar uses, financial services, schools and studios for education or self improvement, 20,000 square feet and over. 8. Park and ride lots. 9. Radio, television, microwave, or observation stations and towers. wireless ord. doc 10/11 /06 Page 20 of 26 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. 12. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 17. Ordinance Nos. 1758 §1(part), 1865 §44, and 2028 §2, as codified at TMC Chapter 18.38, "Manufacturing/Industrial Center Heavy District are hereby amended to remove cellular towers as a conditional use: 18.38.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities. 2. Electrical substations distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW70.105; see TMC Chapter21.08). 5. Offices not associated with other permitted uses, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are shown in Figure 18 12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations, may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12- 11.1995 (the effective date of the Comprehensive Plan) may convert to a stand -alone office use subject to the provisions of this code. 6. Park and ride lots. 7. Radio, television, microwave, or observation stations and towers. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 9. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. Section 18. Ordinance Nos. 1758 §1(part), 1830 §26, and 1865 §46, as codified at TMC Chapter 18.40, "Tukwila Valley South District are hereby amended to remove cellular towers as a conditional use: 18.40.040 Conditional Uses The following uses may be allowed within the Tukwila Valley South District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. wireless orddoc, 10/11/06 Page 21 of 26 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Dwelling Multi- family units (Max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 9. Electrical substations distribution. 10. Fire and police stations. 11. Hospitals, sanitariums, or similar institutions. 12. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 13. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 14. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 15. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to,_ stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 16. Park and ride lots. 17. Radio, television, microwave, or observation stations and towers. 18. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 19. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 21. Salvage and wrecking operations. 22. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. Section 19. Ordinance No. 2119 §1, as codified at TMC Chapter 18.104, "Permit Application Types and Procedures is hereby amended to add classifications of project permit applications for Wireless Communication Facilities to Type 1, Type 2 and Type 4 decisions, to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS TYPE OF PERMIT 1 DECISION MAKER Any land use permit or approval issued by the City, unless As specified by ordinance specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter wireless ord.doc, 10/11/06 Page 22 of 26 Boundary Line Adjustment, including Lot Consolidation Community Development Director (TMC 17.08) Development Permit 1 Building Official Minor modification to BAR- approved design Community Development Director (TMC 18.60.030) Minor Modification to PRD Community Development Director (TMC 18.46.130) Sign Permit, except for those sign permits specifically Community Development Director requiring approval of the Planning Commission, or denials of sign permits that are appealable Tree Permit (TMC 18.54) Community Development Director 1 Wireless Communication Facility, Minor (TMC 18.58) Community Development Director 2. TYPE 2 DECISIONS are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS INITIAL DECISION APPEAL BODY TYPE OF PERMIT MAKER (open record appeal) Administrative Design Review Community Development Board of (TMC 18.60.030) Director Architectural Review Administrative Planned Residential Short Plat Committee Hearing Examiner Development (TMC 18.46.110) Binding Site Improvement Plan Short Plat Committee Hearing Examiner (TMC Chap.17.16) Cargo Container Placement Community Development Hearing Examiner (TMC 18.50.060) Director Code Interpretation Community Development Hearing Examiner (TMC 18.90.010) Director Exception from Single- Family Design Community Development City Council Standard (TMC 18.50.050) Director Parking standard for use not specified Community Development Hearing Examiner (TMC 18.56.100) Director Sensitive Areas (except Reasonable Use Community Development Planning Exception) (TMC 18.45) Director Commission Shoreline Substantial Development Permit Community Development State Shoreline (TMC Chapter 18.44) Director Hearings Board Short Plat Short Plat Committee Hearing Examiner (TMC 17.12) Sign Area Increase Community Development Planning (TMC 19.32.140) Director Commission Sign Permit Denial Community Development Planning (TMC Chapter 19.12) Director Commission Special Permission Parking, and Community Development Hearing Examiner Modifications to Certain Parking Standards Director (TMC 18.56.065 and .070) Special Permission Sign, except "unique Community Development Planning sign" (various sections of TMC Title 19) Director Commission Wireless Communication Facility, Community Development Hearing Examiner Administrative (TMC Chapter 18.58) Director 3. TYPE 3 DECISIONS are quasi- judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, wireless ord.doc, 10/11/06 Page 23 of 26 except for shoreline variances that may be appealed to the State Shoreline Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT 1 DECISION MAKER Resolve uncertain zone district boundary 1 Hearing Examiner Variance (zoning, shoreline, sidewalk, land alteration, sign) 1 Hearing Examiner 4. TYPE 4 DECISIONS are quasi- judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner or the City Council, based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION MAKER (closed record appeal) Conditional Use Permit Planning City Council (TMC Chapter 18.64) Commission Modifications to Certain Parking Standards Planning Hearing Examiner (TMC Chapter 18.56) Commission Public Hearing Design Review Board of City Council (TMC Chap. 18.60) Architectural Review Reasonable Use Exceptions under Sensitive Planning City Council Areas Ordinance (TMC 18.45.180) Commission Shoreline Conditional Use Permit Planning State Shorelines Hearings (TMC 18.44.050) Commission Board Subdivision Preliminary Plat Planning City Council (TMC 17.14.020) Commission Unique Signs Planning City Council (TMC 19.28.010) Commission Variance from Parking Standards over 10% Planning Hearing Examiner (TMC 18.56.140) Commission Wireless Communication Facility, Major or Planning City Council Waiver Request (TMC 18.58) Commission 5. TYPE 5 DECISIONS are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS TYPE OF PERMIT 1 DECISION MAKER 1 Planned Residential Development (PRD), including Major City Council Modifications (TMC Chap. 18.46) Rezone (TMC Chapter 18.84) 1 City Council Sensitive Area Master Plan Overlay (TMC 18.45.160) 1 City Council Shoreline Environment Redesignation (Shoreline Master Program) 1 City Council 1 Subdivision Final Plat (TMC 17.12.030) 1 City Council Unclassified Use (TMC Chapter 18.66) 1 City Council 1 Section 20. Ordinance No. 1768 §2(part), as codified at TMC Chapter 18.104, "Permit Application Types and Procedures is hereby amended to add Wireless Communication Facility Permits as a land use permit that requires additional information be provided for the application to be considered complete, to read as follows: wireless ord. doc, 10/11/06 Page 24 of 26 18.104.060 Application Requirements In order to comply with the requirements of RCW 36.70B.080 (which requires that the City specify the contents of a complete application for a land use permit), RCW 36.70B.070 (which requires the City to determine whether applications are complete within 28 days of submission) and RCW 36.70B.090 (which requires the City to make a decision on a permit application within 120 days of determining the application is complete), the following standards for permit applications are established: 1. Applications shall be made by the property owner, lessee, contract purchaser, governmental agency, or by an authorized agent thereof. The Department shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications shall be considered complete as of the date of submittal upon determination by the Department that the materials submitted meet the requirements of this section. Except as provided in Subsections 2 and 4 of this section, all land use permit applications shall include the following in quantities specified by the Department: a. An application form provided by the Department and completed by the applicant. The applicant shall be allowed to file a consolidated application for all land use project permits requested by the applicant for the development proposal at the time the application is filed. b. If the water utility serving the site is an entity other than the City, a current Certificate of Water Availability from the water utility purveyor serving the site pursuant to TMC 14.36.010. c. Site percolation data approved by the Seattle -King County Department of Environmental Health pursuant_to TMC 14.36.020 if the site is proposed for development using a septic system, or a Certificate of Sewer Availability from the sewer utility purveyor serving the site if the sewer utility serving the site is an entity other than the City. d. A site plan, prepared in a form prescribed by the Director. e. Proof that the lot or lots are recognized as separate lots pursuant to the provisions of TMC Title 17 and RCW 58.17. f. Any sensitive areas studies required by TMC Chapter 18.45. g. A completed environmental checklist, if required by TMC Chapter 21.04. h. A list of any existing environmental documents known to the applicant or the City that evaluate any aspect of the proposed project. i. A list of any permits or decisions applicable to the development proposal that have been obtained prior to filing the application or that are pending before the City or any other governmental entity. j. A storm water design which meets the requirements set forth in the Surface Water Design Manual adopted pursuant to TMC 16.54.060. k. For land use permits requiring a Type 3, 4 or 5 decision: current Assessor's maps and a list of tax parcels to which public notice must be given; a set of mailing labels addressed to the owners thereof; and a set of mailing address labels addressed to the occupants thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses are not the same as the street addresses of the properties to which notice is required. 1. Legal description of the site. m. A soils engineering report for the site. n. Traffic study or studies, if required pursuant to TMC Chapter 9.48. o. A landscaping plan, if required by TMC Chapter 18.52. p. A tree- clearing plan, if required by TMC Chapter 18.54. q. A parking plan, if required by TMC Chapter 18.56. r. Design review plans and related documents, if required by TMC Chapter 18.60 or the Shoreline Master Program. s. Verification of applicable contractor's registration number, if required by RCW 18.27.110. 2. The Director may waive any of the specific submittal requirements listed in this section that are determined to be unnecessary for review of an application. 3. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the Department and is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. The determination of completeness shall not preclude the Department from requesting additional information or studies either at the time of notice of completeness or wireless ord doc, 10/11/06 Page 25 of 26 subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the Department. 4. There are additional application requirements for the following land use permits, which must be provided in addition to the materials identified in this section in order for an application to be deemed complete: a. Land altering permit, see TMC 16.54.100, .110 and .230. b. Construction permits, see TMC Title 16, building and construction codes. c. Water system connections, see TMC 14.04.030. d. Sanitary sewer connection, see TMC 14.12.070. e. Flood control zone permit, see TMC 16.52.070. f. Short subdivisions, see TMC 17.08.030. g. Preliminary subdivisions, see TMC 17.12.020. h. Final subdivisions, see TMC 17.12.030. i. Binding site improvement plans, see TMC 17.16.030. j. Planned residential developments, see TMC 18.46.110. k. Sign permits, see TMC 19.12.020 and .030. 1. Shoreline substantial development permits, shoreline conditional use permits and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable Shoreline Master Program. m. Wireless communication facility permits, see Chapter TMC 18.58. 5. The applicant shall attest by written oath to the accuracy of all information submitted for an application. The Department shall have the authority to require the applicant to submit a title report or other proof of ownership of the property or other proof of the applicant's authority to submit an application regarding the property. 6. Applications shall be accompanied by the payment of applicable filing fees, if any. Section 21 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 22. 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 2006. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk Steven M. Mullet, Mayor 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; wireless ord doc, 10/11/06 Page 26 of 26 Community Affairs and Parks Committee August 29, 2006 5:00 p.m. Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder. Steve Lancaster, Director of Department of Community Development; Brandon Miles, Assistant Planner; Chris Bacha, Assistant City Attorney; and Diane Jenkins, Administrative Assistanf to the Council. Business Agenda: A. Wireless Telecommunications Chapter Briefing Mr. Lancaster reminded the committee that a 2006 Budget Goal was the creation of a wireless telecommunications chapter within the city's zoning code. Mr. Miles indicated that Planning staff began working on this project and briefed the Community Affairs and Parks (CAP) Committee in March 2006. CAP referred the matter to the Planning Commission. Mr. Bacha has extensive background and expertise on this subject and has reviewed drafts of the proposed ordinance. The explosion of cellular device usage has triggered the need for the City to examine the process used to review applications for wireless communication facilities. t The Planning Commission has held three public hearings as part of the process of developing the new telecommunications chapter. As a result of those hearings and much discussion, the Planning Commission recommended restrictions on how new cell towers are permitted. Mr. Miles reviewed the draft ordinance and responded to questions. He explained that one of the provisions of the ordinance is that a third party expert review be made of permit applications, for which the applicant would be required to pay. Currently, the City pays for a third party review. Ms. Linder suggested that this language be incorporated into other ordinances. Discussion of the proposed ordinance language continued. Ms. Linder asked how long it would take to process an application under each category. Mr. Miles replied that Type 1 would take approximately 28 days; Type 2, 3 months; and Type 4, 4 -5 months. Ms. Hernandez asked what would be classified as a "waiver request: Mr. Miles noted that that would constitute variances. Mr. Miles continued and noted that there has not been a request for a new tower since 1990. A new tower is typically the last option for companies since it requires a large capital investment and a lengthy application process wherein they must demonstrate that a stand alone monopole is the only way they can provide service in a particular area. Mr. Bacha relayed information conceming telecommunications litigation and topics that have or have not been addressed by the courts. Ms. Linder referred to new towers, "The Planning Commission shall be the reviewing body on the application to construct a tower and shall receive evidence demonstrating the following when acting on an application to construct a new tower in the City (although nothing should be construed to infer that meeting one, some, or all of the following shall entitle the applicant to approval):" Ms. Linder noted that even if the applicant met all of the requirements, a permit could be denied. Mr. Bacha replied that an applicant would have to meet the standard set by the 9 Circuit Court. Ms. Linder asked that this language be reviewed. Mr. Duffle expressed concern with height of cellular towers and placement of antennas on buildings with historical significance. Forward to Committee of the Whole. Adjournment: 5:50 p.m. Committee Chair Approval Minutes by DJ. COUNCIL AGENDA SYNOPSIS O i I n i t i a l r TEM No. '2' �i 11 Me etin Date 1 a A Prepared by Mayor's review Council review r 10/09/06 Diane I P 7968 10/16/06 10/16/06 1 KY) 7- b ITEM INFORMATION CAS NUMBER: 06-113 I ORIGINAL AGENDA DATE: 10/09/06 AGENDA ITEM TITLE A resolution to join the National League of Cities (NLC) "Partnership for Working Toward Inclusive Communities" CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/09/06 Mtg Date Mtg Date 10/16/06 Mtg Date Mtg Date Mtg Date NItg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The National League of Cities (NLC) and its members, including the City of Tukwila, believe SUNili iARY an inclusive community promotes citizen participation and engagement. In Partnership with NLC, the City of Tukwila reaffirms its commitment to inclusion as a fundamental aspect of our community by approving the attached Resolution to join NLC "Partnership for Working Toward Inclusive Communities." This was reviewed and discussed at the September 9, 2006 Equity and Diversity Commission Meeting. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 9/26/06 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Resolution COMMITTEE Unanimous Approval; Forward to Committee of the Whole 'COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED so Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/09/06 Discussed at COW; amendments made per Council discussion; Forward to 10/16/06 Regular meeting for approval. MTG., DATE __ATTACHMENTS 10/09/06 Information Memo dated 9/21/06 NLC Packet on Partnerships for Working Toward Inclusive Communities Draft Resolution Minutes from 9/26/06 Community Affairs Parks Committee 10/16/06 Resolution in final form .w O. �i 110 E1 OZ, r v— i 7908 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RE- AFFIRMING ITS COMMITMENT TO INCLUSION; AND JOINING THE NATIONAL LEAGUE OF CITIES' PARTNERSHIP FOR WORKING TOWARD INCLUSIVE COMMUNITIES IN THEIR COMMITMENT TO INCLUSION AS A FUNDAMENTAL ASPECT OF OUR COMMUNITIES. WHEREAS, Tukwila is a diverse community with residents and business people of many races, cultures, and religions from around the globe; and WHEREAS, Tukwila residents and business people are diverse in terms of age, sexual orientation, and physical and mental challenges; and WHEREAS, the City of Tukwila believes that the diversity of its residents and business people is an important asset; and WHEREAS, the City of Tukwila is committed to inclusion as a fundamental aspect of our community; and WHEREAS, America's cities and towns are the best places to make inclusiveness an everyday priority, with their local elected officials leading the way; and WHEREAS, the National League of Cities and its members believe an inclusive community promotes equal opportunity, fairness, citizen participation, and citizen engagement; and WHEREAS, the National League of Cities has created the "Partnership for Working Toward Inclusive Communities" to support cities and towns in their commitment to inclusion; and WHEREAS, the National League of Cities President James C. Hunt, a Councilmember from Clarksburg, West Virginia, has invited local officials to join the "Partnership for Working Toward Inclusive Communities" in making a commitment to build more inclusive communities in their own cities and towns; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Tukwila re- affirms its commitment to inclusion as a fundamental aspect of our community, expressing support of active efforts to achieve this goal, and urges its residential and business communities to embrace diversity. Section 2. The City of Tukwila joins the "Partnership for Working Toward Inclusive Communities C:\Documents and Settings\A l Usets\Desktop\ KellyI MSDATA\ResolutionsUnclusion.doc DJ:ksn 10111/2006 Page 1 of 1 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST /AUTHENTICATED: Dennis Robertson, 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:1Documents and Settings4lll UsersOesktoplKeB MSDATA \Resolutions\Inclusion.doc DJ:ksn 1o/1o2006 Page 2 of 2 COUNCIL AGENDA SYNOPSIS s O e y Initials .ITEM NO. l 4 G� 1 Meetinx Date Prepared b y Mayor's review 1 Council review a' gIi' t 10/09/06 so' 1 I 2 10/16/06 1 1, Q2.- 1 k?rli 1 7908 1 1 1 1 v l-. ITEM INFORMATION CAS NUMBER: 06-114 I ORIGINAL AGENDA DATE: 10/09/06 AGENDA ITEM TITLE Interlocal Agreement for Green River, Duwamish, and Central Puget Sound Watersheds of Water Resource Inventory Area 9 (WRIA 9) CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/9/06 Mtg Date 10/16/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council LE Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S Authorize Mayor to sign Interlocal Agreement for Green River, Duwamish, and Central SUMMARY Puget Sound Watersheds of Water Resource Inventory Area 9 (WRIA 9) REVIEWED BY COW Mt -1 CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 09/26/06 RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACTI FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $10,232 $10,232 -0- Fund Source: 000.03.513.100.49.01 Comments: =MTG. DATE RECORD OF COUNCIL ACTION 10/9/06 Discussed at COW; forwarded to 10/16 Regular meeting for final action. MTG. DATE ATTACHMENTS 10/9/06 Memo from Mayor to Community Affairs Parks Committee dated 9/12/06 Copy of ILA Minutes from 9/26/06 Community Affairs and Parks Committee Meeting 10/16/06 WRIA 9 Agreement with Exhibit Al INTERLOCAL AGREEMENT For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT "Agreement is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9 ,which includes portions of WRIA 8, 10, and 15, "WRIA 9 all political subdivisions of the State of Washington individually, for those signing this agreement, "Party", and collectively "Parties WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15; WHEREAS, the Parties share interests in and responsibility for addressing long -term watershed planning and conservation of the aquatic ecosystems of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein; and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop "Making Our Watershed Fit for a King" "Salmon Habitat Plan contributed to the Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services; and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision making bodies regarding actions in response to listings under the Endangered Species Act "ESA and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat; and WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management; and WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds; and WRIA 9 ILA 2007 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 1 WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound; and WHEREAS, the Parties have a strong interest in participating on the Lead Entity Advisory Group and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Partnership to develop recommendations to restore the Puget Sound to health and sustain that health by 2020; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound; NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any newly incorporated city that lies fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 WATERSHED FORUM: The WRIA 9 Watershed Forum created herein is the governing body responsible for implementing this Agreement. The WRIA 9 Watershed Forum is comprised of designated representatives of eligible governments who have authorized the execution of and become Parties to this Agreement. 1.3 WRIA 9 STEERING COMMITTEE: The WRIA 9 Steering Committee referred to herein is the cooperative body comprised of a balance of stakeholder representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Salmon Habitat Plan. 1.4 GREEN /DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green /Duwamish and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon Habitat Plan is the plan developed by the WRIA 9 Steering Committee and ratified by all of the parties to an interlocal agreement for its development. The Salmon Habitat WRIA 9 ILA 2007 2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 2 Plan recommends actions that should be taken from 2006 through 2015 (ten years) to protect and restore salmon habitat, using an ecosystem approach, in the Green /Duwamish and Central Puget Sound Watersheds. This Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon and bull trout. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven elected officials of the Management Committee are chosen by the WRIA 9 Watershed Forum, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WRIA 9 Watershed Forum's behalf. 1.6 SERVICE PROVIDER: Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the WRIA 9 Watershed Forum, in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs all accounting services for the WRIA 9 Watershed Forum, as it may require, in accordance with the requirements of Chapter 39.34 RCW. 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, which may include but is not limited to environmental and business interests. 2. PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green /Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed -wide or basin implications, including but not limited to flood hazard reduction, surface and groundwater quality, water quantity, and habitat. 2.3 To provide a mechanism and governance and funding structures for jointly implementing the Salmon Habitat Plan. 2.4 To develop and take actions on key issues during the implementation of the Salmon Habitat Plan. 2.5 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. WRIA 9 ILA 2007 -2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 3 2.6 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Salmon Habitat Plan. 2.7 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.8 To provide a mechanism for implementing other habitat, surface and groundwater quality, water quantity and flood hazard reduction projects with other local, regional, tribal, state, federal and non profit funds as may be contributed to or secured by the WRIA 9 Watershed Forum. 2.9 To annually recommend projects for grant funding by the King Conservation District through the King Conservation District's Forum grant program distribution. 2.10 To annually recommend projects for implementation of planning, engineering, permitting and construction tasks for the Green /Duwamish Ecosystem Restoration Projects in partnership with the U.S. Army Corps of Engineers. 2.11 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.12 To provide a mechanism to approve and support, through resources, funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.13 To provide a mechanism for on -going monitoring and evaluation of the Salmon Habitat Plan implementation through adaptive management as defined in the Plan. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, governmental entity or water quality policy bodies including the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at least five (5) of the eliaible local aovernments within WRIA 9 representina at least seventy percent (70 of the affected population within the oeographic area of WRIA 9. as authorized by the leaislative body of each local aovernment. and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and, .200. Once effective, this Agreement shall remain in effect for an initial term of nine (9) years; provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) WRIA 9 ILA 2007 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 4 of the eligible local governments within WRIA 9 representing at least seventy percent (70 of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP OF THE WRIA 9 WATERSHED FORUM. The Parties to this Agreement hereby establish a WRIA 9 Watershed Forum to serve as the formal governance structure for carrying out the purposes of this Agreement. The WRIA 9 Watershed Forum is a voluntary association of the county and city governments located wholly or partially within the management area of or having a major interest in WRIA 9 who choose to be Parties to this Agreement. 4.1 Each Party to this Agreement shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WRIA 9 Watershed Forum. The alternate representative may be a different elected official or senior staff person. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall meet and choose from among its members, according to the provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WRIA 9 Watershed Forum. Representatives of the Fiscal Agent and Service Provider may serve as non voting ex officio members of the Management Committee. The Management Committee shall act as the executive subcommittee of the WRIA 9 Watershed Forum, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the WRIA 9 Watershed Forum for action, consistent with other subsections of this section. The WRIA 9 Watershed Forum shall consider new appointments or reappointments to the Management Committee every two years following its initial appointments. 4.3 The services cost shared under this agreement shall be provided to the WRIA 9 Watershed Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the WRIA 9 Watershed Forum. The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and a representative of the WRIA 9 Watershed Forum, which shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff in increments no smaller than 0.5 Full Time Equivalent, description of any WRIA 9 ILA 2007 2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 5 supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Service Provider in addition to the annual cost shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and a representative of the WRIA 9 Watershed Forum, which shall set out the expectations for the additional services so provided to the subset of Parties to this Agreement. 4.4 The WRIA 9 Watershed Forum, by September 1 of each year, shall establish and approve an annual budget that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated by the WRIA 9 Watershed Forum when more current data become available. Tacoma's cost share will be determined on an annual basis by the Parties and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.4.2 The WRIA 9 Watershed Forum shall incorporate the negotiated additional cost share and incorporate the services in its annual budget and work plan. 4.5 The WRIA 9 Watershed Forum shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WRIA 9 Watershed Forum shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every three years. WRIA 9 ILA 2007 2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 6 4.7 The WRIA 9 Watershed Forum may contract with similar watershed forum governing bodies such as the Puget Sound Shared Salmon Strategy and Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WRIA 9 Watershed Forum shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WRIA 9 Watershed Forum shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision- making. Consensus may be reached by unanimous agreement of the Parties. If unanimous agreement of members cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall take action on a dual majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 9 Watershed Forum action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. A vote of abstention shall be recorded as a "no" vote. 6. IMPLEMENTATION OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The WRIA 9 Steering Committee, which shall be appointed by the WRIA 9 Watershed Forum, shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan to the WRIA 9 Watershed Forum, including substantive plan amendments recommended as a result of adaptive management. The WRIA 9 Steering Committee shall provide information to the WRIA 9 Watershed WRIA 9 ILA 2007 2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 7 Forum regarding progress in achieving the goals and objectives of the Salmon Habitat Plan. Recommendations of the WRIA 9 Steering Committee are to be consistent with the purposes of this Agreement. The WRIA 9 Watershed Forum may authorize additional advisory bodies to the WRIA 9 Steering Committee, such as an adaptive management work group. 6.2 The WRIA 9 Watershed Forum shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the WRIA 9 Steering Committee within ninety (90) days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the WRIA 9 Steering Committee for further consideration and amendment and thereafter returned to the WRIA 9 Watershed Forum for decision. 6.3 The WRIA 9 Watershed Forum shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan by the Parties. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance of the local government's legislative body, by at least five Parties representing at least seventy percent (70 of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the Salmon Habitat Plan by any regional, state or federal agency the WRIA 9 Watershed Forum shall undertake a review for consideration of the remanded portion or plan. The WRIA 9 Watershed Forum may include further referral to the WRIA 9 Steering Committee for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES: BUDGET: FISCAL AGENT: RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WRIA 9 Watershed Forum under this Agreement, including all such obligations related to the WRIA 9 Watershed Forum and WRIA 9 Steering Committee funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. WRIA 9 ILA 2007 -2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 8 7.3 No later than September 1 of each year of this Agreement, the WRIA 9 Watershed Forum shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 Watershed Forum shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 9 Watershed Forum pursuant to rules and procedures established and agreed to by the WRIA 9 Watershed Forum. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve (12) months of the effective date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the WRIA 9 Watershed Forum shall not apply to this section. The Parties of the Agreement and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Watershed Forum. The amount of payment is determined jointly by the existing Parties of the WRIA 9 Watershed Forum and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WRIA 9 Watershed Forum as of the date the government becomes a new Parry. Any government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. 9. TERMINATION. 9.1 The obligations of any Party under this Agreement may be terminated by the Party, through action of its governing body, only upon sixty (60) days' written notice to the other Parties by not later than November 1 for termination effective January 1 of the following year. The terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, WRIA 9 ILA 2007 2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 9 together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is expected that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each remain obligated to only meet their respective share of the obligations of the WRIA 9 Watershed Forum as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county governments, and federal law as governing to tribes, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and /or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and /or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, WRIA 9 ILA 2007 2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 10 provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 9 Watershed Forum or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA By: By: Title: Title: Date: Date: WRIA 9 ILA 2007 2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 11 Approved as to form: CITY OF AUBURN By: By: Title: Title: Date: Date: Approved as to form: CITY OF BLACK DIAMOND By: By: Title: Title: Date: Date: Approved as to form: CITY OF BURIEN By: By: Title: Title: Date: Date: Approved as to form: CITY OF COVINGTON By: By: Title: Title: Date: Date: WRIA 9 ILA 2007 -2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 12 Approved as to form: CITY OF DES MOINES By: By: Title: Title: Date: Date: Approved as to form: CITY OF ENUMCLAW By: By: Title: Title: Date: Date: Approved as to form: CITY OF FEDERAL WAY By: By: Title: Title: Date: Date: Approved as to form: CITY OF KENT By: By: Title: Title: Date: Date: WRIA 9 ILA 2007 -2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 13 Approved as to form: KING COUNTY By: By: Title: Title: Date: Date: Approved as to form: CITY OF MAPLE VALLEY By: By: Title: Title: Date: Date: Approved as to form: CITY OF NORMANDY PARK By: By: Title: Title: Date: Date: Approved as to form: CITY OF RENTON By: By: Title: Title: Date: Date: WRIA 9 ILA 2007 -2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 14 Approved as to form: CITY OF SEATAC By: By: Title: Title: Date: Date: Approved as to form: CITY OF SEATTLE By: By: Title: Title: Date: Date: Approved as to form: CITY OF TACOMA By: By: Title: Title: Date: Date: Approved as to form: CITY OF TUKWILA By: By: Title: Title: Date: Date: WRIA 9 ILA 2007 -2015 (WRIA 9 Forum recomd., mod. 8 -24 -06 and 10 -2 -06; legal review complete) Page 15 Exhibit A -1 Recommended by the WRIA 9 Watershed Forum 5 -24 -06 Regional Watershed Funding DRAFT 2007 WRIA 9 Cost Shares WRIA 09 Population (Pop) Assessed Value (AV) Area Average of Pop /AV/ Area WRIA 09 Kinq Co. Portion Kinq Co. Portion 1 Algona 0.3% 0.1% 0.1% 0.2% $663 1 Algona 2 Auburn 5.9% 3.9% 3.8% 4.5% $16,698 2 Auburn 3 Black Diamond 1.1% 0.6% 1.9% 1.2% $4,354 3 Black Diamond 4 Burien 4.0% 4.4% 2.1% 3.5% $12,907 4 Burien 5 Covington 2.5% 1.7% 1.7% 2.0% $7,251 5 Covington 6 Des Moines 4.4% 2.6% 1.9% 3.0% $10,931 6 Des Moines 7 Enumclaw 1.6% 0.6% 0.6% 0.9% $3,337 7 Enumclaw 8 Federal Way 6.8% 4.5% 3.2% 4.9% $17,851 8 Federal Way 9 Kent 13.0% 10.1% 8.0% 10.4% $38,155 9 Kent 10 King County 26.4% 14.1% 58.9% 33.1% $121,938 10 King County 11 Maple Valley 2.6% 1.5% 1.2% 1.8% $6,478 11 Maple Valley 12 Normandy Park 1.8% 1.2% 0.7% 1.2% $4,552 12 Normandy Park 13 Renton 2.9% 2.9% 1.8% 2.5% $9,336 13 Renton 14 Sea -Tac 4.4% 5.5% 2.9% 4.3% $15,692 14 Sea -Tac 15 Seattle 19.3% 43.6% 8.6% 23.8% $87,720 15 Seattle 16 Tukwila 3.1% 2.7% 2.6% 2.8% $10,232 16 Tukwila Sub -Total $368, 058 King Co. Sub -Total 100.0% $368,058 SUBTOTAL + Tacoma NOTE: King County land area excludes the Upper Green River basin. WRIA 9 ILA Final Cost Allocation - 2007.xls $16,980 $385,038 TOTAL -"`-A: w COUNCIL AGENDA SYNOPSIS k �y Of r'- Il LMNO. ?+i� I Meeting Date Prepared by 1 Mayor's review Council review I 10/09/06 7M 1 1/) N 10/16/06 4 ^Q 1908 1 ITEM INFORMATION CAS NUMBER: 06-115 I ORIGINAL AGENDA DATE: 10/9/06 AGENDA ITEM TITLE Resolution in support of Transit Now. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/9/06 Mtg Date Mtg Date 10/16/06 /Wig Date Mtg Date Mtg Date Aftg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S At the October 2, 2006 Council meeting, there was a presentation on Transit Now. Council SUMMARY requested a resolution be drafted to show support for Transit Now. Transit Now will provide additional funding by increasing the sales tax by one -tenth of one percent (0.1 that would to new and expanded transit service throughout King County. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte El Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAIF: 10/9/06 RECOMMENDATIONS: SPONSOR /ADMIN. Approve resolution. COMMIFI E Unanimous Approval; Forward to Committee of the Whole (same night) COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/09/06 Forward resolution to Regular Meeting with modifications MTG. DATE ATTACHMENTS 10/09/06 Information Memo dated October 4, 2006 Resolution Presented to Transportation Committee same night, 10/09/06 10/16/06 Resolution in Final Form 1908 Cit y of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SUPPORT FOR THE "TRANSIT NOW" INITIATIVE. WHEREAS, King County Executive Ron Sims has proposed a one -tenth of one percent increase in the sales tax in King County to support an increase in levels of Metro Transit bus service; and WHEREAS, to keep up with regional growth, this proposed increase would enable Metro to expand system -wide bus service by an estimated 15 -20% over the next ten years; and WHEREAS, improvements would be made on approximately 35 major Metro bus routes where ridership is heaviest, including Tukwila routes, and new service would be created in residential areas of South King County; and WHEREAS, the Bus Rapid Transit (BRT) system would be implemented in five key corridors, including one in Tukwila, providing more frequent all-day service, faster trips, more comfortable vehicles and stations, advanced customer information, and traffic signal priority for buses; and WHEREAS, an estimated additional 60,000 new riders would join the current 335,000 riders per day on buses that would arrive more frequently, travel faster, and be more environmentally friendly; and WHEREAS, the City Council wishes to provide their support and endorsement of Executive Sims in his action to improve County -wide transit service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council strongly supports "Transit Now," and endorses King County Executive Ron Sims' efforts to improve transit service within King County. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST /AUTHENTICATED: Dennis Robertson, 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 Kelly MSDATA Resolutions Transit Now.doc JM:ksn 10/10/2006 Page 1 of 1 �J��IJILA, COUNCIL AGENDA SYNOPSIS ti y ITEM NO Q Meeting Date 1 Prepared by 1 Mayor's review Puncil gview 41/' 1 10/09/06 1 Diane �'t' I 10/16/06 1 1 e I 79o I I I 1 ITEM INFORMATION CAS NUMBER: 06-116 ORIGINAL AGENDA DATE: 10/09/06 AGENDA ITEM TITLE Review of Proposed 2007 Budget and CIP CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/09/06 Mtg Date 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 As the committees review portions of the budget, this information will be reviewed and SUMMARY discussed at the upcoming Committee of the Whole and Regular meetings. A copy of the schedule to review the Proposed 2007 Budget and Capital Improvement Program (CIP) is attached. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: All Committees (per attached schedule) RECOMMENDATIONS: SPONSOR /ADMIN. COMMI ITEE COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF-COUNCIL ACTION- 10/9/06 Kevin Fuhrer, Finance Director, introduced the 2007 Proposed Budgte and CIP; Budget and CIP sent to council committees to begin the review process. 10/16/06 MTG. DATE ATTACHMENTS 10/09/06 Information Memo dated 10/5/06 2007 Proposed Budget CIP Review Schedule 10/16/06 Memo dated 10/12/06; Proposed 2007 Budget and CIP Council review for 10/16 mtg; Proposed committee review schedule and chart. MEMORANDUM October 12, 2006 TO: Members, Tukwila City Council FR: Diane Jenkins, Administrative Assistant RE: Review of Proposed 2007 Budget CIP Attached is the schedule for the review of the Proposed 2007 Budget and Capital Improvement Program (CIP). A public hearing is scheduled to be held on November 20. These documents are scheduled to be adopted on December 11. Please plan on bringing your copy of the Proposed 2007 Budget and CIP to each of the upcoming committee meetings (Transportation, Utilities, Finance Safety, and Community Affairs and Parks), Committee of the Whole meetings, and Regular Council meetings. 2007 Proposed Budget Capital Improvement Program (CIP) Review Schedule Monday. 10/16/06 Regular Council Meeting reviewed at reviewed at Transportation Committee {10/09/06} Community Affairs Parks Committee {10/10/06} PW Administration /Streets PW Budget pg. 117 -135 CIP General All Policies pg. 1 -VI Residential Streets Planning Model, Att. A pg. VII IX Budget pg. 138 -139 Human Services pg. 36 -37 Bridaes Comm Streets Human Services Agencies pg. 181 -182 Budget pg. 140 -142 Capital Items Summary pg. 179 -180 Facilities 302 Fund Budget pg. 150 General Gov 303 Fund Budget pg. 151 Eauio Rental 501 Fund Budget pg. 173 -175 M E M O R A N D U M DATE: 10/10/06 TO: TUKWILA CITY COUNCIL CC: MAYOR'S OFFICE FROM: EVIE BOYKAN, HUMAN SERVICES RE: PROPOSED HUMAN SERVICES CONTRACTED BUDGET The proposed budget detail for contracts for 2007/2008 reflects extensive reading and review by staff and the Tukwila Human Services Advisory Board. The proposed programs include recommendations for 6 new programs representing the categories of safety net, positive and healthy family relationships, support for self sufficiency and information and referral. Recommendations represent a 4% growth over 2006. Not all funds targeted for ESL /literacy services have an identified contractor at this time. We will continue to look at results of the recently held ESL /summit and further define the best place for us to put general fund dollars to address this need area. The recommendations and other on -going staff work also reflect an alignment to the goal areas as identified by the 2005 Human Services Plan. Those areas include: More stable and improved incomes for low income residents (Micro loan funds, rental and emergency assistance, minor home repair) Increasing resident stability (rental and emergency assistance, mental health support, minor home repair) Support community capacity building (capacity building project, ESL summit, subregional forums and planning, cross departmental collaborations) Increasing sense of community (outreach to diverse populations, linking volunteers) Increasing coordination (provider networks, Tukwila exchange, BuRRSST, subregional and regional forums) The board identified that if additional dollars were available, they would like to see more resources targeted to English Language Learners, and in particular, resources addressing the Spanish and Somali speaking communities. These priorities are followed by desires to provide more funding for emergency services, medical and dental coverage, self sufficiency support (i.e. micro loans) and support for senior citizens. We welcome your review and your questions. 2007 Proposed Budget Capital Improvement Program (CIP) Review Schedule Committee of the Whole Regular Council Meetings October 12, 2006 NOTE: Depending on the review of this information in Council Committees, this schedule may be amended. Monday. 10/09/06 Committee of the Whole Highlights of 2007 Proposed Budget, by Kevin Fuhrer, Director of Finance Monday, 10/16/06 Regular Council Meeting reviewed at reviewed at Transportation Committee {10/09/06} Community Affairs Parks Committee {10/10/06} PW Administration /Streets PW Budget pg. 117 -135 CIP General All Policies pg. I -VI Residential Streets Planning Model, Att. A pg. VII IX Budget pg. 138 -139 Human Services pg. 36 -37 Bridaes Comm Streets Human Services Agencies pg. 181 -182 Budget pg. 140 -142 Capital Items Summary pg. 179 -180 Facilities 302 Fund Budget pg. 150 General Gov 303 Fund Budget pg. 151 Eauio Rental 501 Fund Budget pg. 173 -175 Monday, 10/23/06 Committee of the Whole Meeting reviewed at reviewed at Finance Safety Committee {10/16/06} Utilities Committee {10/17/06} Revenues All Funds pg. 1 -25 Water City Council pg. 27- 30 CIP pg. XV -XVI, 77 -111 Mayor's Office pg. 31- 34 Budget pg. 153 -157 Sister City Committee pg. 35 Equity Diversity pg. 39 Sewer Finance pg. 55 -60 CIP pg. XVII- XVIII, 112 -137 Dept 20 Fund pg. 136 Budget pg. 158 -163 Financial Policies pg. 200 -203 Planning Model, Att. A B pg. VII -X Surface Water Projected Debt Capacity pg. 204 CIP pg. XIX XX, 138 -166 Police Department pg. 83 -98 Budget pg. 168 -172 Hotel /Motel Tax pg. 137 Contingency Fund pg. 143 Debt Service pg. 145 -148 Insurance Fund 502 pg. 176 Insurance LEOFF pg. 177 Firemen's Pension pg. 178 Committee of the Whole/Regular Council 2007 Budget Review Schedule Page 2 Monday. 11/06/06 Reaular Council Meeting reviewed at reviewed at Transportation Committee {10/23/06} Community Affairs Parks Committee {10124106} CIP pg. I -X Planning Model, Att. C pg. XI -XIV Planning Commission pg. 38 DCD Dept. pg. 73 -82 Residential Streets CIP pg. 1-4 Parks CIP pg. 5 -29 Bridges Commercial Streets Budget pg. 61 -72 and 149 CIP pg. 30 -69 Golf General Gov 303 Fund CIP pg. XXI -XXII, 167 -168 CIP pg. 70 -71 Budget pg. 164 -167 Facilities 302 Fund Arts Commission pg. 40-41 CIP pg. 72 -76 Park Commission pg. 42-43 Library Advisory Board pg. 44 Monday. 11/13/06 Committee of the Whole Meeting reviewed at reviewed at Finance Safety Committee {11/06/06} Utilities Committee {11/07/06} Admin Services pg. 48 -54 Parks Recreation (ESA Projects) Municipal Court pg. 45-46 CIP pg. 19 -29 Fire Department pg. 99 -116 Budget pg. 149 Fire Equip Reserve pg. 144 General Gov 303 Fund CIP pg. 70 -71 Budget pg. 151 Facilities 302 Fund CIP pg. 72 -76 Budget pg. 150 PW Administration Budget pg. 117 -135 EauiD Rental 501 Fund Budget pg. 173 -175 Monday. 11/20/06 Reaular Council Meeting Public Hearing: 2007 Proposed Budget Monday. 12/11/06 Soecial Council Meeting 1) Adoption of 2007 Budget 2) Approval of Resolution, 2007 -2012 Capital Improvement Program 2007 Proposed Budget & CIP Council Committee Review Schedule NOTE: Highlighted cells indicate review completed by council committee. h: \Diane \BudgetandFinancia1\2007 Budget Info \2007 Committee Agenda Schedule for Budget Review.xls 10/12/2006 Finance & Safety 1st & 3rd Monday Utilities 1st & 3rd Tuesday I Transportation 2nd & 4th Monday I Community & Parks 2nd & 4th Tuesday Monday, 10/16/2006 Tuesday, 10/17/06 Monday, 10/9/06 Tuesday, 10/10/06 '.T,' j I T'iy ,n� m f i Vbi ;, ;, i air, �p v ,"Vl lb 7 Rn�, 11,n jM m N Cf- ai , ,7 , ; a1 i1 II tlII? Revenues All Funds - 1 -25 Water I ,^I 7WP"� Itr, mn -",,z.,., I?� d irIistr tq ry(6tr pg. City Council - pg. 27- 30 Mayor Office - . 31- 34 Y P9 Sister City Committee 35 Y - pg Equity & Diversity 39 q Y Y - Pg CIP - pg. XV -XVI, 77 -111 Budget - 153 -157 9 Pg• Sewer d t „r.,H n Prl Brdt�?!.�,I',hx u�,� 1; 3 ° , 113? EI +' I. l,' �d �I�i, I,i �� II l �l , ,N,� �: t��`� +Rla?w ?I .,, h, ''q sjd ti t1 a s� ro fp ) A a�ak,A °,nwl c,l ��+t , H,, , {� '' { ` ,„ �,;: r.1 +� I � I r � a.� � I W Ml s, �, Ii, I �i , ,lo fiL�,, u eI ,; 1, IM e h� figs q 9,11, e� s ;f I I,i ,11� y1 IYi 41, A I pdi cie "i 1 ii l E f,o ,� Is ?fir �a +c a I ,Ip9i'� �'1.;,� °ir ra al;;' 1, ,i;4 1 ?a �Iq Jyir� PI tin f I,I l�� , 11JSiI . W° I�,,��I�r„ skl� V�h I �, I' �k�a,171, I I,^ ,11 1 i i� r,l y I ,, °I III I ° � 4 � a� r"�9�,ay� IM�;1aq;��cV '� I i h W� � 'III H�Y�,h , vs, °S,i5�7si °7j,{ "u? I, :I ?a,Y'I I 1 ,;; l ilf�nh;ISr�cs,�lies 11?�1�.110° Iltr4l hll R y+ 1; 7 �, EC GI, 9,v,ln `lily �4I,u + Y }� ;;sl° t ? , I d I ital ME mn �5t� 1tll Tuesday, 10/24/05 /?,,, I;I ItC ,I ,�,il >a�.lHO� ?? •I' +M�II'�l`7Q9�!'!1' Im 9 tndq 9? &1 OM - 55 -60 Finance pg Dept 20 Fund - pg. 136 Financial Policies - pg. 200 -203 Planning Model, Att. A & B - pg. VII -X CIP - XVII- XVIII, 112 -137 Pg Budget - pg. 158 -163 Surface Water law' 1 d rl 9+ 1 ' I v ",P41� ' la ' , Y1" w4,,,�,l ?loifI,s�pp1 u 1 E"^,�tlNh IIY "III��11Mk IViIw,W" 1.�p Y ail 1l ^, Eacilitie il» 8' ,i'Ftn o M ;'�N+ �� { +h Itl L{ y Yg,l + ?�h 11T „ aB' i'Idl�d �`ral�n §1 qi� ^ °I, Y3a1pj1I�;,II; n,11�, ^,, 'I nlr � ° �g111 t�l',tiv�l', i "II I, RI i i 4�rpp° � � ,,° ,I , ,1�,J1�� 1'I I V'lI f 11 I , „ r 11 q,� l 4 °a , �h1! 4 , I., , , ,I r + „,m r � Id 4,ll,, 1 "��' Projected Debt Capacity - pg. 204 Police Department - 83 -98 P pg. Hotel /Motel Tax - pg. 137 Contingency Fund - pg. 143 Debt Service - pg. 145 -148 Insurance Fund 502 - pg. 176 Insurance LEOFF - pg. 177 Firemen's Pension - pg. 178 Monday, 11/6/2006 CIP - pg. XIX - XX, 138 -166 Budget - 168 -172 9 pg. Tuesday, 11/7/2006 , �Ytr I 11 1, ,S 'hf� ll ' I dell !p j11I ; lIIiV, ?f ,v ,Y>sl Ir�I yro,,�l� ,w,�,1 � ,i, "I I,�,'�� ru8` I „�'I +'1w ;;l�,,i4 {;rl nl III ° r ,�� l ��1,I !, 11 M Flrl M R +IVWWI ! (4N � �I WA (� �IY JI ,� III �i i Gendrll, �au'?3Ch3 nPu�c a,l+ I I IV ly I Y I,Id {, I ^fit � C ✓111 I � I y Ir,1; Planning Commission - pg. 38 DCD Dept. - pg. 73 -82 Parks CIP - pg. 5 -29 Budget - pg. 61 -72 and 149 Golf CIP - pg. XXI -XXII, 167 -168 Budget - pg. 164 -167 Arts Commission - pg. 40 -41 Park Commission - pg. 42 -43 Library Advisory Board - pg. 44 Parks & Recreation (ESA Projects) B(('clkl ?`I►`I? fib °1'"b'4'Ip�}�;I,II °;,' ''`,, "1 +1C1; {; y,h r 1, ( N Iq ,g1oWl f pry i,r ll f; ;:111i',,,I' ;I,'Idlal ?a�� ° ^, '� I,I, ? ^,11 ' � `' I( �Iq,�l,f'r � ltillq�ll,1 Eaip Fertkalafi�' CIP - pg. 19 -29 Budget - pg. 149 General Gov - 303 Fund 4 4 ?71d I 4 I 1 dill i' I� I I I q., , a gel p �, 3, '! 5 1 , �' ; I I Monday, 10/23/06 Admin Services - pg. 48 -54 Municipal Court - pg. 45 -46 Fire Department - pg. 99 -116 Fire Equip Reserve - pg. 144 CIP - pg. 70 -71 Budget - pg. 151 Facilities - 302 Fund CIP - pg. I -X Planning Model, Att. Residential Streets C - pg. XI -XIV Streets CIP - pg. 72 -76 Budget - pg. 150 PW Administration CIP - pg. 1 -4 Bridges & Commercial Budget - pg. 117 -135 Equip Rental - 501 Fund CIP - pg. 30 -69 General Gov - 303 Fund Budget - pg. 173 -175 CIP - pg. 70 -71 Facilities - 302 Fund CIP - pg. 72 -76 NOTE: Highlighted cells indicate review completed by council committee. h: \Diane \BudgetandFinancia1\2007 Budget Info \2007 Committee Agenda Schedule for Budget Review.xls 10/12/2006 ;t„ COUNCIL AGENDA SYNOPSIS tL 46W w gy Initials IiJ MNO. C 1� y Q ;iii Meeting Date Prepared by Mayor's review /t�uncil review 10/16/06 I LEJ P 1 her 1 V.UI 1908 1 ITEM INFORMATION CAS NUMBER: 06-120 I ORIGINAL AGENDA DATE: 10/16/06 AGENDA ITEM TITLE Proposed resolution ordering the cancellation of outstanding, unredeemed Finance claims /payroll checks and Foster Golf gift certificates. CA I'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 10/16/06 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S The State of Washington Dept. of Revenue (for the reporting year 2006) requires a one SUMMARY year dormancy period of outstanding claims /payroll checks and a two -year dormancy period for gift certificates. After making all reasonable attempts to locate and contact property owners to resolve the issues, the City now wishes to cancel all outstanding Finance claims /payroll checks issued prior to July 1, 2005; and Foster Golf gift certificates issued prior to July 1, 2004. REVIEWED BY COAX/ Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/02/06 RECOMMENDATIONS: SPONSOR /ADMIN. Review and approve proposed resolution. COMMrfIEE Unanimous Approval; Forward to Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: THE CITY RETAINS $747.52; AND REMITS $1,008.18 TO THE WA DOR UNCLAIMED PROPERTY SECTION. Comments: A housekeeping issue; the item was taken directly from Finance and Safety to the Reg Mtg. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS I 10/16/06 Information Memorandum dated 10/02/06 Resolution in Final Form Finance and Safety Committee Minutes 10/02/06 i t City of Tukwila Jo Department of Finance Kevin A. Fuhrer, Finance Director .te r 2 1968 MEMORANDUM October 2, 2006 To: Mayor Steve Mullet Finance Safety Committee From: Kevin Fuhrer, Finance Director Finance Department Subject: Annual Write -Off of Outstanding, Unredeemed Claims /Payroll Checks and Gift Certificates The attached proposed resolution will write -off a total of $1,755.70 in unredeemed /outstanding items to be reported in the year 2006 to the Washington State Department of Revenue Unclaimed Property Section as follows: General Fund (000): Claims Checks (various) 720.65 Payroll Checks (Sean -Paul Fantin) 26.87 General Fund Subtotal 747.52 Golf Course (411 Fund): Gift Certificates (various) 1.008.18 Grand Total All $1.755.70 Once the City cancels these outstanding items, the amounts will be retumed to the General and Golf Course funds, respectively. 6200 Southcenter Boulevard Tukwila, Washington 98188 -2544 Phone: (206) 433 -1838 Fax: (206) 433 -1833 Email: kfuhrer @ci.tukwila.wa.us O wl/ N jC 2 rsoa Cityof Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF OUTSTANDING CLAIMS/PAYROLL CHECKS AND GIFT CERTIFICATES. WHEREAS, the State of Washington, Department of Revenue Unclaimed Property Section, for the reporting year 2006, requires a one -year dormancy period for outstanding claims /payroll checks and a two -year dormancy period for gift certificates; and WHEREAS, the City Finance Department has made all reasonable attempts to resolve the outstanding, unredeemed claims /payroll checks and gift certificates; and WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding, unclaimed claims /payroll checks issued prior to July 1, 2005, and gift certificates issued prior to July 1, 2004; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council declares the cancellation of claims /payroll checks and gift certificates, as detailed on Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST/ AUTHENTICATED: Dennis Robertson, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachments: —Attachment A, Washington State Department of Revenue 2006 Unclaimed Property Reporting (1 page) —2006 Unclaimed Property Summary Report (2 pages) C: \Documents and Settings \All Users Desktop Kelly MSDATA Resolutions Outs Warrants 2006.doc LJ:kn 10/5/2006 Page 1 of 1 Attachment "A" WA State Department of Revenue 2006 Unclaimed Property Reporting ID NUMBER DATE VENDOR AMOUNT 000 General Fund Various Various Aggregate Various (under $50) $392.68 304065 12/22/03 Diane Kelly $54.84 311214 10/18/04 Dept. of Social Health Svcs. $100.00 313940 02/22/05 J. Mark Nickels $200.00 General Fund Total: $747.52 411 Foster Golf Course Thirty (35) miscellaneous gift certificates $1,008.18 GRAND TOTAL: $1, 755.70 2006 Unclaimed Property Summary Report Treasurer's Checks: All Code: CK04 No outstanding treasurers checks to report for 2006 Unclaimed Property $0.00 filing year. 0.00 Total Treasurer's Checks: $0.00 Claims Checks: #304065 12/22/03 Diane Kelly $54.84 General Fund #308283 06/21/04 Martin E. Minser 13.00 All Code: CK06 #308316 06/21/04 William D. Patton 10.75 #308319 06/21/04 Ronald B. Phelps 13.00 #308707 07/06/04 Spokane Regional Health Dist. 22.00 #309525 08/16/04 Vinh Bui 13.75 #309753 08/16/04 Garret Tamura 26.00 #310144 09/07/04 Juanita Lightell 0.17 #310344 09/20/04 Michael Coe 18.25 #311116 10/18/04 Dan Penn 29.50 #311214 10/18/04 Dept. of Social Health Svcs. 100.00 #311605 11/15/04 Joe S. Chanes 10.75 #311705 11/15/04 Matthew Kirk 16.75 #311792 11/15/04 Annette Squetimkin- Anguoe 10.37 #311803 11/15/04 Matt Thiele 21.50 #313404 01/24/05 Virginia M. Paradeza 14.05 #313940 02/22/05 J. Mark Nickels 200.00 #315109 04/18/05 Ron Lamb 10.81 #315712 05/16/05 James Matsusaka 16.07 #316038 05/23/05 Jessicah Sugiura- Peterson 32.00 #316245 06/06/05 Marta Murillo 28.00 #316518 06/20/05 Joyce Larson 20.00 #316542 06/20/05 Marcell Nettles 10.81 #316592 06/20/05 Samuel Ruljancich 28.28 Total Claims Checks: $720.65 Payroll Claims: #505761 03/04/05 Sean -Paul Fantin $26.87 All Code: CK06 General Fund Total Payroll Claims: $26.87 Golf Course Gift Certificates: Various Various (35) Misc. Certificates $1,008.18 411 Fund All Code: MS12 Grand Total to be Reported to State: $1,755.701 2006 Unclaimed Property Summary Report Page 2 ID Number Date Vendor Amount General Fund: Various Aggregates- Various (under $50) $392.68 304065 12/22/03 Diane Kelly 54.84 311214 10/18/04 Dept. of Social Health Svcs. 100.00 313940 02/22/05 J. Mark Nickels 200.00 Total General Fund $747.52 Finance Safety Committee October 2, 2006 5:00 p.m. Present: Pam Carter, Chair; Jim Haggerton and Verna Griffin, council members. Rhonda Berry, City Administrator; Kevin Fuhrer Director of Finance; Diane Jenkins, Administrative Assistant to the City Council; and Chuck Parrish, community member. i Business Aaenda A. Annual write -off of outstanding, unredeemed claims /payroll checks and gift certificates Mr. Fuhrer presented the annual write off of outstanding, unredeemed claims /payroll checks and gift certificates. These items will be reported to the Washington State Department of Revenue Unclaimed Property Section. He pointed out that people can reclaim the funds by filling out an affidavit. Ms. Cater noted that there is a national registry that links to the state level for people to check for unclaimed property. Unanimous approval. Forward to 10/16 regular board meeting. New Business Mr. Fuhrer indicated that the City 'win the process to issue revenue bonds for Allentown project. Additional information will be brought forward to the next council meeting. The approval of a bond resolution is scheduled to be presented at the November 6 regular council meeting. This information will be reviewed at the Finance and Safety and Utilities committees. Adjournment: 5:20 p.m. C Committee Chair Approval Minutes by DJ. COUNCIL AGENDA SYNOPSIS p i s sZ ITEM NO i •ke 1 Meeting Date 1 Prepared by I Mayor's review I �C'ouncil review elk,/ 'k' j- 2 10/16/06 1 KAF}h 1 ..L.411. 1Z. 3908 ITEM INFORMATION CAS NUMBER: 06-121 I ORIGINAL AGENDA DATE: 10/16/06 AGENDA I I'EM TITLE Resolution ordering cancellation of Past Due Accounts Receivable and Returned Check Write -offs. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 10/16/06 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&7R Police PI' SPONSOR'S There are certain receivables that have been deemed uncollectible and need to be removed SUMMARY from the Accounts Receivable Ledger per resolution. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAl'E: 10/16/06 RECOMMENDATIONS: SPONSOR /ADMIN. Forward to Regular Meeting for adoption COMMITTEE Reviewed by Committee prior to 10/16/06 Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: MTG. DATE ;:RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/16/06 Information memo dated 1.0/11/06 Resolution in final format with Attachment A MEMORANDUM To: Mayor City Council fr From: Kevin A. Fuhrer, Finance Director Date: October 11, 2006 Subject: CANCELLATION OF ACCOUNTS RECEIVABLE The annual proposed resolution totaling $17,778.30 reflects amounts deemed uncollectible. The items listed have been through the City's collection program and have not been successfully resolved. Although we are writing them off the "official" City books, these amounts will still be subject to collection. These items include: False Alarms Account total of $835.50, NSF Checks Account total of $402.97 and all other Miscellaneous Billing Account total of $16,539.83. The funds affected will be properly adjusted. The process for tracking accounts receivable is quite thorough. The steps below are followed prior to the attached write -off resolution: Invoice is sent to recipient by the Finance Department, payable in 30 days. Second notice is then sent specifying due date before receivable is forwarded to collection agency. Collection agency sends a series of three letters for the original amount due, with the final letter advising that legal action will be taken if payment is not made. If there is no response from debtor after the letter series, the debt is then reported to the National Credit Bureaus. Collection agency then pursues legal action after the debtor is given a final opportunity to dispute the claim. This includes attaching checking accounts, garnishments, lawsuits and other legal methods. The items on the proposed resolution reflect those that have been through the process above and receivables are still due with the likelihood of collection being very low. We do collect amounts after write -offs, but very seldom. The City cannot revoke or deny a business license for non payment of an accounts receivable claim. C:\Documents and Settings\All Users\ Desktop \Kelly'MSDATA\Financademo from Kevin.doc KF:ksn 10/10!2006 Page 1 of 1 at •o� foi 1906 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. WHEREAS, certain receivables and checks have been deemed uncollectible after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Miscellaneous Accounts Receivable. The total of $17,778.30 is deemed uncollectible. See Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST /AUTHENTICATED: Dennis Robertson, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the Council: Resolution Number: Office of the City Attorney Attachment: Attachment A, Past Due Accounts Receivable and Returned Check Write -Offs. C: \Documents and Settings \All Users Desktop Kelly \MSDATA Resolutions \Cancellation of past due accounts receivable and returned check write offs.doc LJ:kn 10/10 /2006 Page 1 of 1 ATTACHMENT A as of ��"""..~...~.~�.~. .. _'_''-- O6/11/O4 12/14/05 11/30/04 03/22/05 04/07/05 08/05/05 11/10/04 07/29/04 09/01/04 10/13/04 06/30/04 03/19/04 ------'- 07/25/05 -'---- 08/04/05 05/17/04 ______ OQ/O1/D4 10/27/04 _ _ 03/03/05 10/27/05 06/30/05 07/08/04 06/30/05 03/28/05 12/31/05 Cascade Signs General Cascade -------�� Signs �e | Thut<�honm -�_��1_- Citigrocery and Halal Meat General Citiqocery and Halal Meat General Electronic Service Provider General Elizabeth Psychic Galiery General Hay_Chihuahuao General Hay Chihuahuas General Hay Chihuahuas General General R06135 Michael's Stores d e � General R07157 ---'-----------�� General enero | R08172 Te kiVVoh General R05102 Teriyaki VVok General Tha| General - - Ups General Roseanna J Warren General K8B0348 W C Frame Alignment General Jesse Wells General West Colonial ViIIage Apts. Marcus Williams - -----� 40.00 ToEPR1/2O05�� fee R06131 $ 4O. ng��czmn R12290 60.00 To EPR 5/25/06-reinspection fee MB11O2 1,536.81 TO EPRQ/15/O5-oGd. pole & head --- �_ -_, R03042 | 80.00 To EPR 9/19/05-reinspection fee R04056 85.00 ToEPR9/1B/O5-nyinopeotionfee R08176 80.00 To EPR 10/6/05-naing[eotionfea R11256 00.00 To EPR 9/15/05-reinspection fee R07164 40.00 To EPR 1/28/05-reinspection fee Fl09184 60.00 To EPR 9/15/05-reinspection fee Fl10221 110.00 TmEPFlSV15/O5-nainepectionfee 40.00 To EPR 9/21/04-reinspection fee 40.00 60.00 85.00 40.00 R08178 110.00 Fl10225 60.00 MB0701 1,488.78 Woodside Apartments Eric Wuestenhoefer General Water R10247 MB0622 R07152 MB0606 General General R03047 MB1212 Miscellaneous Billing Billing.Total » _ _ To EPR 1 fee To EPR 10/24805-u*no fee To EPR 10/24/05-naingpmctkonfee To EPR 9/21 i kznfea To EPR 9/20/05-reinspection fee To EPR 9/20/05-reinspection fee To EPR 9/20/05-guardrail damage 5.000.00 Stolen vehicle-our insurance deductible 80.00 To EPR 1/19/06-rmi fee _ 4.074.36 Vrteoff per R.B.WaUo died inaccident 40.00 To EPR 9/21/O4-nain§[eot|onfee 1,632.17 To EPR 9/29/05-fire hydrant damage. 80.00 To EPR 10/24/05-reinspection fee 1,637.71 To EPR 5/25/O6-Qumndrai|damage 16,539.83 11/24/03 ADT 12/04/03 Afro Studios 12/14/04 Allied Group 100704 A T and T Wireless 09/30/03 Babies R Us 07/04 Costco 10/07/04 Costco 08/20/04 Good Guys 09/20/04 K and G Men's Mart 12/08/04 K and G Men's Mart 08/30/05 Larson R�sidence__ 00/30/03 Outback "-Steakhouse 11/30/03 Outback Steakhouse General F11284 21.00 General F-1201 General F�-�-128-��9 General F-1001 General F-0902 25.00 To EPR 12/30/04-partial py_n_it made ToEPR4/22/04 25.00 Property mgmt co-client pay 25.00 To EPR 9/15/05 To EPR 4/16/04-partial payment made To EPR 9/19/05 To EPR 9/19/05 To EPR 9/20/05 To EPR 9/20/05 25]]0 To EPR 10/24/05 3.50 To EPR rtie|ovmtmade 26.00 To EPR 9/22/04 � 11.00 General F-1010 25.00 General F-1011 25.00 General F-0915 25.00 General F-0922 25.00 General F-1229 General FA0826 General F-0040 General F-1139 Page 1 ATTACHMENT A as of 10/11/06 12/31/04 Pizza Hut 11/30/04 Primetime Rentals Ma Quik Framing Ma _Quik Framing_ __.._.. _.......... _.... Ma Quik Framing Ma Quik Framing_ - Ma Quik Framing Ma Quik Framing Ma Quik Framing Ma Quik Framing Ma Quik Framing Ma Quik Framing_ The Scooter Store Simply Thai (375 Strander) SimplyThai (375 Strander) Simply Thai (375 Strander) Simply Thai (375 Strander) Sprint PCS United Parcel Service United Parcel Service United Parcel Service Video Only False Alarm Total 06/30/05 06/30/05 06/30/05 06/30/05 04/21/05 07/12/05 07/12/05 07/12/05 07/12/05 08/30/05 09/30/04 08/24/04 10/07/04 10/07/04 12/08/04 10/07/04 08/24/04 12/08/04 056-1/05 12/08/04 General General General General General General General General General General General General General General General General General General General General General General F12129 25.00 To EPR 10/24/05 F -1151 25.00 To EPR 10/24/05 F -0635 25.00 To EPR 10/24/05 F -0636 25.00 To EPR 10/24/05 _ F -0637 25.00 To EPR 10/24/05 F -0638 25.00 To EPR 10/24/05 FA0412 25.00 To EPR 10/24/05 FA0722 25.00 To EPR 10/24/05 FA0723 25.00 To EPR 10/24/05 FA0724 25.00 To EPR 10/24/05 FA0725 25.00 To EPR 10/24/05 FA0830 25.00 To EPR 10/5/06 F -0967 25.00 To EPR 9/20/05 FA0847 25.00 To EPR 10/24/05 F -1040 25.00 To EPR 10/24/05 F -1041 25.00 To EPR 10/24/05 F -1253 25.00 To EPR 10/24/05 F -1043 25.00 To EPR 10/24/05 FA0853 25.00 To EPR 10/28/05 F -1261 25.00 To EPR 10/28/05 FA -526 25.00 To EPR 10/28/05 F -1266 25.00 To EPR 10/24/05 835.50 02/09/05 Mandy M. Bowsher 06/08/05 William Lopez 07/15/05 Lena Eastland 08/04/05 Carl L. King 08/26/05 Robert J. Thompson 09/01/05 Michael P. McCaffery 09/19/05 Melissa K. Wilson 09/29/05 James E. Gardell Returned Check Total WRITE -OFF GRAND TOTAL TCC Golf TCC TCC Golf CK# 127 CK# 815 CK # 4088 CK # 2587 CK # 1602 Golf CK # 1086 Farm Market CK # 2309 Pool Ck # 1056 $ 115.00 79.97 75.00 5.00 25.00 80.00 20.00 3.00 $ 402.97 $ 17,778.30 To EPR 3/11/05 To EPR 7/29/05 To EPR 8/9/05 Too small to send to collection To EPR 9/23/05 To EPR 9/30/05 To EPR 10/26/05 Too small to send to collection Page 2 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. October 2 9 16 23 30th Special Issues: of the See agenda packet Continuation of Fifth Monday cover sheet for this month Council review of Proposed meeting scheduled week's agenda 2007 Budget and CIP. S (October 16, 2006 Regular meeting). COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING November 6 13 20 27 10th Unfinished Business: Special Issues: Special Presentation: Veterans Day Continuation of Continuation of Recycler of the Year (City offices closed) review of Proposed review of Proposed award (to be presented 2007 Budget and 2007 Budget and C:P. to a local recycler) 23rd 24th CIP. Public Hearing: Thanksgiving, and day Proposed 2007 Budget after Thanksgiving and CIP. (City offices closed) December 4 11 18 25 25th Christmas Day City offices closed (City offices closed) Up Meetings Events OCTOBER 2006 16th (Monday) 17th (Tuesday) 18th (Wednesday) 19th: (Thursday) 20th (Friday) 21st (Saturday) 1 Sister City Utilities Cmte, Crime Hot Spots Domestic TCSC Chipper delegation 5:00 PM Task Force Mtg., Violence Task CELEBRATION! Day returns to (CR #1) 10:00 AM Force, Join the Tukwila 10:00 aM to Japan (CR #5) 12:00 NOON Community Schools 1:00 PM (CR #5) Collaboration for a 1 P Sister City Cmte, celebration of its five 5:30 PM Tukwila Historical years of service to 7a11> j (CR #3) Society, children and families EXTRA MEETING! 7:00 PM in Tukwila. Finance Parks (Foster Library) 6:00 to 9:00 PM Safe Cmte, m at ACME Bowl n Comission, (100 Andover Park 4V) 5:00 PM 5 :30 PM (CR 413) (Community Center) City Council Regular Mtg., Library Advisory 7:00 PM Board, (Council 7:00 PM Chambers) (Foster Library) .23rd (Monday) 24th (Tuesday) .25th (Wednesday) 26th (Thursday) 27th• (Friday) 28th (Saturday) 1 Transportation Community COPCAB, Family Frisk- Sound Transit Lunch Highway 99 Cmte, Affairs Parks 6:30 PM Bus Tour (Tukwila Trash Pickup 5:00 PM Cmte, (CR #5) 111511t and Rainier Valley Day (CR #1) 5:00 PM construction areas) 9:00 10:00 Am 6:00 to 7:30 P (CR #3) PM For information or to For location call Court at the Tukwila RSVP visit City Council Community Center http: /soundtransit.or Donna at Committee of FREE! g/x41.xml 206- 242 -5556 the Whole Mtg., talon- perishable food 7:00 PM items for the Tukwila (Council Pantry will be accepted 11! Chambers) at the door.) Fall Feast Fund C.O.W. to be Game booths for Raiser for the immediately kids in preschool Tukwila Pant I followed by a thru grade 5. rY Return to Special Meeting Hot dogs and chips Call 206- standard time for S2.00. 431 -8293 for more (set clocks Parents must information. back one hour accompany their �000 b.:.K at 2:00 AM on children. ±c.° i October 29th). Planning f C ommission, I 7:00 PM Lend a hand, ¢ice (Council feed a neighbor. .Zl a Chambers) D Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206 767 -2342. Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to 1:00 PM, Foster HS main parking lot. Dispose of prunings and plant materials from the longhomed beetle quarantine area. Drive your truckload of materials to the lot and help will be provided to unload, chip, and dispose of materials free of charge. Be sure to bring ID with quarantine area address. 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: 2nd Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206 433 -1844. Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 43. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Marja Murray (206 433 7175). Crime Hot Spots Task Force: 3rd Wed., 10:00 Am, Conf. Room #5. Contact Marja Murray at 206 -433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5. Contact Evie Boykan or Stacy Hansen at 206 433 -7180. Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Diane Jenkins at 206 433 -1834. Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #3. Agenda items for 10/16/06 meeting: (A) Annual write -off of accounts receivable and return write -offs. (B) Allentown/Foster Point revenue bond issuance. (C) Review of Proposed 2007 budget and CIP. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 433 -1812. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Bruce Fletcher at 206- 767 -2343 Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Kimberly Matej 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 Mon., 5 :00 PM, Conf. Room #1. Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #1. Agenda items for 10/17/06 meeting: (A) Allentown/Foster Point sewer revenue bonds. (B) Water and sewer rates for 2007. (C) Review of Proposed 2007 budget and CIP. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). il