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HomeMy WebLinkAboutReg 2006-06-19 COMPLETE AGENDA PACKET ~~~~~~ J1;-'f. Tukwila City Council Agenda I ~~ I !!. ~~ ~ .. .:. REGULAR MEETING ... Of \~ -J: I iG) . <{!, Ie} Steven M. Mullet, Mayor Cozmci/members: . Joe Duffie' Joan Hernandez ~\ ,~;;;: .... . Rhonda Berry, Cih} Adminisb'ator . Pam Carter' Jim Haggerton .... '.--....- jIf 1908 Dennis Robertson, Counci/ President . Pamela Linder . Verna Griffin EXECUTIVE SESSION - 6:30 PM (30 I\ITNs) Potential Litigation; VllrslIant to RCW 42.30.110(1)(i) Monday, June 19, 2006; 7:00 PM . Ord # 2125 . Res #1606 I 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. CITIZEN At this time, you are invited to comment on items not included COMMEfo...1T on this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. CONSENT a. Approval of vouchers. . AGENDA b. Approve issuance of fireworks display permit to Mr. Tom Pg.3 Whitacre for the July 4, 2006 public display at the Starfire Sports Complex. 4. BID AWARD Award a contract to Dennis R. Craig Construction, Inc., in the Pg.ll amount of $326,066.15 for the 2006 Small Drainage Program (see 6-12-06 COW) I 5. UNFINISHED a. A resolution approving the 2007-2012 Transportation Pg.13 BUSl1'JESS Improvement Plan. b. A resolution authorizing application for Aquatic Lands Pg.21 Enhancement Account (ALEA) funding assistance for acquisition of the Duwarnish Gardens site. c. A resolution approving an Offsite Wetland Mitigation Plan on Pg.27 certain City-owned properties. d. Authorize the Mayor to sign an agreement with Macaulay & Pg.31 Associates in an amount not to exceed $93,000.00 to provide a Special Benefits Study and Right-of-Way assistance for the Tukwila Urban Center Access Proiect (Klickitat). 6. NEW BUSINESS An ordinance relating to code enforcement and nuisance abatement. Pg.35 7 REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 8. MISCELLANEOUS 9 EXECUTIVE SESSION - Potential Litigation (30 minutes); pursuant to RCW 42.30.110(1)(i) 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Oerk's Office 206-433-1800fI'DD 206-248-2933. This notice is available at www.citukwila.wa.us and in alternate formats with advance notice for those 'with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS as r 'nitidi ITEM NO. i9 1 MeetinkDate 1 Prepared by I Ma-or''sr.-trry 1 Owed e:rew 1 s ON 1 06/19/06 1 DT I 1` I _DV ['tt I rsoe 1 I I Ai 1 I I 1 1 ITEM INFORMATION CAS NUMBER: 06-072 IORIGIaNAL AGENDA DATE: 6/19/06 AGENDAITEMI TITLE Approval of Public Fireworks Display Permit Mr. Tom Whitacre CATEGORY Discussion Motion Hsu elution Ordinance Bid Award Public Hearing Other Aftg Date Mfg Date 6 /19/06 hUg Date 3Ug Date Mtg Dak Mtg Date Mtg Dale SPONSOR Council El Major Adm Svcs DCD Finance Fire Legal P &R Police PTV 1 SPONSOR'S Tom Whitacre is a licensed Pyrotechnic Operator with the State of Washington and the SuMDIARY Bureau of Alcohol, Tobacco and Firearms. This license also allows Mr. Whitacre to transport fireworks. The permit Mr. Whitacre is seeking is for a public fireworks display at the Starfire Sports Complex on July 4. The display will be held in conjunction with the City's planned event "Family Fun at the Fort" organized by the Parks and Recreation Department. The application meets industry standards and is established guidelines REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte El Arts Comm. Parks Comm. Planning Comm. DATE: 6/5/06 RECOMMENDATIONS: SPONSOR /ADML\. Approve the permit COM ?IIITEE Send to Regular Meeting with recommendation to approve. I COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE ED APPROPRIATION REQUIRED 1 $n /a I Fund Source: N/A Comments: MTG. DATE I RECORD OF COUNCIL ACTION 1 1 6/19/06 1 1 1 1 MTG.'DATE I ATTACHMENTS 1 1 6/19/06 Memo from Battalion Chief Don Tomaso dated 5/30/06 F&S minutes dated 6/5/06 1 1 1 1 1 1 1 1 City of Tukwila Fire Department Steve1l1vL l1Iullet, lvlayor Nicholas J. Olivas, Fire Chief Memorandum Date. May 30, 2006 To: Chief Olivas From: BIC Tomaso~ Re: Public Fire Works Display Permit I have reviewed the permit application information provided by Mr Tom Whitacre, who has applied for the permit for a public fireworks display at the Starfire Sports Complex, 14600 Starfire Way Mr Whitacre is a licensed Pyrotechnic Operator with the State of Washington and with the Bureau of Alcohol, Tobacco and Fire Arms. The State Department of licensing also licenses Mr Whitacre to transport fire works. The display will be held in conjunction with the City's planned event on the 4th of July, "Family Fun at the Fort", being organized by the Park and Recreation Department. This will be a 25 to 30 minute show starting at approximately 2200 hours. The fireworks will be transported to the site in the AM of July 4th and will be under the required supervision until they are discharged. The mortar tubes and other equipment will be brought to the location on July 3. The application was reviewed to WAC 212-17 and accepted industry standards, and I find everything is within these guidelines I do have some concerns this year regarding the railroad right of way, baseball fields and the limited access this allows. In addition, a portion of the fall out area includes a portion of a commercial property within the City of Renton. I have contacted Renton Fire Officials and have not received a response at the time of this memo Last year the Renton Fire Marshal approved our plan, which is the same as in previous years. Crowd control can be a potential issue, as the crowd that assembles to watch the fire works show has increased each and every year Last year the traffic leaving the site Headquarters Station: 444 Andover Park East . Tukwila, Washington 98188 . Phone: 206-575-4404 . Fax: 206-575-4439 City of Tukwila Page 2 was difficult to manage with the available Tukwila Police on site To mitigate these issues I believe the following measures should be done. · Stage two fire apparatus at the site. one apparatus on each side of the Railroad right of way Apparatus shall be out of selVice during the display and for 30 minutes following display . Have Tukwila Police provide crowd control during the Public display A minimum of 4 officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave intersection to expedite traffic flow . Comply with Fire Works Permit Conditions attached. Headquarters Station: 444 Andover Park East . Tukwila, Washington 98188 . Phone: 206-575-4404 . Fax: 206-575-4439 To: From. Re. Date: FIREWORKS PERMIT CONDITIONS Mr Tom Whitacre BIC Tomaso July 4th Fireworks display May 30, 2006 1 Notify Washington State Patrol, Contact Lt. Bill Gardner at 425-649- 4658. 2. Notify FAA specialist, Ted Melland at 425-227-2536 or 425-227- 2500 3 Notify BNSF railroad resources at 1-800-832-5452, 2 hours prior to display time 4 Establish Safety perimeter a minimum of 30 minutes prior to display start. 5. Have discharge monitors in visible uniform clothing. 6 No Pyrotechnics to be brought to site prior to the day of the display 7 All personnel inside the safety perimeter shall use Personnel Protective equipment as outlined in NFPA 1123. 8. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from transport vehicle. (2A 20 BC Minimum Size) 9 4 - Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of the display for crowd control and shall remain for a minimum of 30 minutes past the end of the display or the crowd disperses. (2 additional Tukwila Police officers shall be available to respond to the site if requested.) 10. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic shells. 11 Tukwila Fire Department shall inspect all static displays upon completion of set up. 12. Two Tukv'lila Fire Department apparatus shall be on location prior to the start of the display (One will be an overtime staffed Engine) 13.Any breech of the safety perimeter shall suspend the display until the perimeter is cleared and reestablished. 14 Upon completion of the display, the fallout area shall be checked for unexploded s~ells. Cleaning of debris, if not practical on the night of the event, shall be at first light the next day 15 No combustible materials shall be stored inside the safety perimeter f7\ r;;\ % Po ~ "'I I") 0 tj? H-U ,', ,~ 1 lJ" I i'. 0" ~ Li UU n Finance and Safety Committee June 5, 2006 - 5'00 p.m. Present: Pam Carter, Chair; Jim Haggerton, Verna Griffin, Rhonda Berry, Kevin Fuhrer, Nick Olivas, Bob Giberson, Shelley Kerslake, Don Tomaso, Mary Miotke, Chuck Parrish, Jane Cantu Business Agenda: Council Technolo!!V (Devices) As a follow-up to a previous committee meeting, IT Manager Mary Miotke presented a chart that compared the cost/unit, support, detail of additional costs, weight, replacement schedule, function, vulnerability, liability, training, and city policy requirements of seyeral viable deyices. After discussing the various options ayailable to them, Council decided that 2 or 3 laptop computers, a docking station, a port printer, and a case with wheels would meet their needs and those of their new staff person for the present time. Unanimous approval - forward to future CO\V. *' Julv 4th Fireworks Permit for Public Displav at the Starure Snorts Complex Mr. Tom Whitacre, a licensed Pyrotechnic Qperator \vith the State of Washington and the Bureau of Alcohol, Tobacco, and Firearms is seeking a fireworks permit for a public display at the Starfire Sports Complex on July 4th This display is being held in conjunction with the City's planned event "Family Fun at the Fort" Battalion CbiefDon Tomaso told the committee that Mr. Whitacre's application was reviewed to WAC 212-17 and accepted industry standards and he found everything to be within the established guidelines. Because Mr. Whitacre has done the fireworks display in Tubvila several times in the past, Tomaso requested the permit be sent directly to the June 19th Regular meeting for approval. Additionally, BIC Tomaso noted that each year the crowds that gather for the fireworks display grow larger and traffic can be difficult to manage. He suggested: 1) two fire apparatus be staged at the site; one apparatus on each side of the Railroad right-of-way; and 2) Tubvila Police provide crowd control during the public display; 3) provide traffic control to the Fort Dent Way and Interurban Ave. intersection to expedite traffic flow Unanimous approval- forward to 6/19 Regular Meeting Pronosed Amendments Standardizine: Languae:e in Certain Section of Fire Dept. Ordinances Batallion CbiefTomaso explained the City attorney and prosecutor had advised him of the need to standardize the language in certain sections of fire department ordinances. The aforementioned sections deal \vith .appeal provisions, the exceptions and penaties sections. The changes are necessary in order to comply \vith the RCW statutes. Tomaso reviewed each of the specific sections in need of amendment. Council discussion Finance & Safety Committee JuneS,2006 Page 2 ensued. Council agreed to utilize the same appeals section currently in ThfC 16.16.090 and the same exceptions section found in TMC 16.40.140. There were two options for Council's consideration. Option I) Use the existing section found in TMC 16.40.150 that classes the violation a misdemeanor punishable by a $500 fine and 90 days jailor both; or Option 2) Change the violation to a gross misdemeanor punishable by a fine of$5,000 and up to one year in jail or both. Council's recommendation was Option #2. Unanimous approval- forwar? to COW and Regular Meeting. Minutes prepared by Jane Cantu, City Clerk Approved COUNCIL AGENDA SYNOPSIS S. t L:ooG ITEMNO. ear(-- 4 1-9; I Meetint Date I Prepared by I elimior't rrita I ,tue:-il retina 1 ill fa 1 6/12/06 RL 1 1 (.6A 1 6/19/06 1 1 r 1 Al LEX I I 1 1 1 I ITEM INFORMATION I CAS NUMBER: 06-070 10IUGLNAL AGENDADATE: JUNE 12, 2006 AGENDA ITEM TITLE Bid Award for the 2006 Small Drainage Project CATEGORY Dina/on Motion Resolution Ordinance Bid A ward Public Hearing Other Mfg Date 6/12/06 Mfg Date lttg Date 3ftg Date 3ftg Date 6/19/06 .lits Date litg Da. SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pent Police PI7 SPONSOR'S The project was advertised on May 16 and 23, 2006. Three bids were received and SUlL \LARY opened on May 31, 2006. The low bid of $326,066.15 was from Dennis R. Craig, Inc. Dennis R. Craig, Inc. worked successfully on the 2004 and 2005 Small Drainage Projects and references indicate that they have performed well on similar type projects with other agencies. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/6/06 RECOMMENDATIONS: SPONSOR/ADVNN. Award contract to Dennis R. Craig, Inc. COMMITTEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMouxr BUDGETED APPROPRIATION REQUIRED $326,066.15 $481,000.00 Fund Source: 412 Surface Water Fund (page 139, 2006 CIP) Comments: MTG. DATE I RECORD OF COUNCIL ACTION 6/12/06 1 Discussed at COW; forwarded to 6/19/06 Regular Mtg. for final action. 6/19/06 MTG. DATE I ATTACHMENTS 6/12/06 1 Information Memo dated May 31, 2006 j 1 Map of Site Locations Bid Tabulation 1 Consultant's Recommendation Letter Bid Review Letter 1 1 Utilities Committee Meeting Minutes from June 6, 2006 6/19/06 1 No attachments 1 COUNCIL AGENDA SYNOPSIS ',tit tal ITEmNo. I o :z a C 1 G7 }f.'t'ss Date 1 Prepared by 1 3fa;,r.r rrirs✓ Cr,;sr:zl rriem 1 °1 N' te `o; 1 6/12/06 RT 1 I I *--.....___.----0 I 6/19/06 /O I i I rsoa 5,n_ I 1 I 1 I 1 ITEM INFORMATION I CAS NUMBER: 06-067 IOtuc AGEND_kDATE: 7uNe 12, 2006 I AGENDA ITEM TITLE Six -Year Transportation Improvement Program 2007 -2012. CATEGORY Discussion Motion Aesalution Ordinance Bid Award PublicHeart6 Other Alts Date 6 /12/06 Mtg Dote ]flg Date 6 /19/06 Mfg Date MIX Date Mg Date 6 /12/06 3Ug Date: SPONSOR Connrl Major Adnt Svcs DCD Finance Fire Lgal P''R Police P1!" 1 SPONSOR'S The Transportation Improvement Program (TIP) is required by RCW to be updated SUMMARY annually. The TIP is adopted by resolution after a public hearing at the local agency level and incorporated into the Regional and State TIPs. The TIP is primarily a financial planning document for projects competing for grants. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 5/22/06 RECOMMENDATIONS: SPONSOR/ADMIN. Hold a Public Hearing and adopt resolution for TIP. CO \anrIEE Unanimous approval to Hold Public Hearing at COW with discussion. I COST IMPACT FUND SOURCE 1 ENT NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED N/A N/A Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION I 1 06/12/06 Discussed at COW; forwarded to 6/19/06 for final action. I I I 1 1 6/19/06 1 MTG. DATE ATTACHMENTS 06/12/06 Information Memo dated May 17, 2006 Resolution 1 Draft 2007 -2012 TIP Resolution 1585 1 Current 2006 -2011 TIP I 1 Minutes of Transportation Committee from May 22, 2006 1 6/19/06 1 Resolution in final form and TIP 2007 -2012 1 .~ ~~.~~\ f~(~'@ .Jf~ t~'~/<:f \,,~."'f ~ City of Tukwila Washington Resolution No. A RESOLUTION OF THE OTY COUNCIL OF THE OTY OF TUKWlLA, WASHINGTON, ADOPTING A SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM, AND DIRECITNG THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26 as amended, the City Council of the City of Tukwila has previously adopted a Transportation Improvement Program and, thereafter periodically modified said Transportation Improvement Program by resolution; and WHEREAS, the City Council has reviewed the work accomplished under said program, determined current and future City street and arterial needs, and based upon these findings has prepared a Six-Year Transporiation Improvement Program for the ensuing six calendar years (2007-2012); and WHEREAS, a public hearing was held on the said Six.Year Transportation Improvement Program on June 12, 2006; NOW, THEREFORE, THE OTY COUNCIL OF THE OTY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Program Adopted. A six-year Transportation Improvement Program for the calendar years 2007-2012 is hereby adopted. Section 2. Filing of Program. The City Clerk is hereby authorized and directed to file a copy of this resolution, together with the exhibit attached hereto, with the Secretary of Transportation and the Transportation Improvement Board of the State of Washington. PASSED BY THE CI1Y COUNCIL OF THE OTY OF TUKWlLA, WASHINGTOn at a Regular Meeting thereof this day of . 2006. ATTEST/ AUTHENTICATED: Jane E. Cantu, CMC, City Oerk Dennis Robertson, Council President APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Oerk: Passed by the City Council: Resolution Number: Exhibit: City of Tukwila' s Six-Year Transportation Improvement Program from 2007 to 2012 C':\DoctunenIs iIJ:!d Settings\AlllJ=::s\ Desktop \KeI1y\~Lq)A T A \ResoJueor.s\ TIP 2007.2012doc RT<;~ 6/13/_ Page 1 of! ila 7 Wa.blrrgton Soto Dopnrtmont of Transportation Agency: Tukwila.._ Co. No.. 17 Co. Name: King Co. City No.. 1320 MPOIRTPO: PSRC ro act •ant 'cation A. Fodorat Ald No. C. Proloct Title 0. Stroot/Rood Noma or Number E. Beginning MP or road Ending MP or road F Doocrlbo Work to bo Dona B. Bridge No. 19 1 \Nnlphborhood ''atilt CalmMO Pmpram Vorioun City Skoog) from: lo, Proornm to maroon nnpbbodlood kac w wmn uuln0 rping, al nn pa. IrondWoy Impravamanto, aeplo <Wtang, and nducnuon 10 roduco npuddlpp „- ......., Improve 00 2 IGrannbolt Trnlln l fro to‘ (m: IProvIJa unto CannndlOnn to wan InfanlOpramola padnalllan no Ulry[la jmodun of tronnportatlan In Ban 01 inotog:AJ vahlcIna. 1.3rld00 Propnrm 8wronn City Stro nd tot from Ilona an well pa connlmd nnaonn yna cannon d rnbracoon0' �i. nncannnry napalm and maMlonwkn 14 3 4 4 6 \ °wino Avows Rd Drldpa 1oplocamont Booing A0008e Raud (rani: Airport Way Itnaonl,twei Urldpa 5 'ISouthcuntur Parkway Extenulon 'Soutntonler PooI WfY 10'. $ 200 St from: 5 100 51 ear, nrdawn kn drrdnnlpo.lnnU [MOO Ar41IIN undnrymundinp 6 ul j KUCkllnt / 50 Pkwy /1-5 Aocanu Rovlulen tram: 66 co Romp to', 5 100 31 �andpn mid conotmcl nnlnly and cnPUCN nMiavMMatn. tot 45 16 6 .14114 25, 2001 12 S 32 P 11 j S og P 1 1,000 01 P 05 P D8 Foal 411100 '° Pilate Yoiabmt Pbfef m ' 6., Start Fund Coat by e (mmkirckF Coda Phase - {g Six Year Transportation Improvement toProgram From _-...._ Adoption Dato: 6/19/2006 Rosolutlon No.. . -. -- -_ Nearing Dato: 6/12)2006 Amond Date: ro act otitis n ousan•eo o ars Fund Source Information Federal Funding ALL I 1/1/2007 P 0 Stto Fund Coda State Local Totot Funds Funds Funds {3 14 2160\ 2150 Expenditure Schedule (Local Agency) 1st 2nd 31d 350 350 4th Thru Gth 350 1100 odornlly Fundud Projects Only RNv Required Data (MM(Y11 EnvIr. Typo 20 CE 1100 '—J 350 350 2150 350 2150 30 CE 30 Totals i -'_'_`I- ..._50. .j.� 30 - -._ r U�j OI30 Totals 30 all 1/1/2337 � Totals 1/1/2007 r Totals w I__ 1/1/700% Ulucrallonmyj T S P G 1500 W Foci 't S P Totals on I 1(1[2007 UlliarotTnny Totals Page 1 30 163 30 3ali'._. 400 j 6 ...- _- .._..,.._060 060300..__ -100 100 360 14424 e j .- ....-..1 — 143'75 -- 1..- 1naiGj 4 j 14425 14425 j 50 5551.1. 1PP 113001 1'1123 25(2R 18714' 74521 .... 11000 ...._11120.... - 25607 18215 7482 3568 -r ..__ -� -�tnspl txad�......�24uo i, 2450 12450 12450 14373 CE CE CE No No 111106 Supersedes previous editions 0 Wa.hington Stato Department of Transportation Agency: Tukwila Co. No.. 17 Co. Namo: King Co, City No.. 1320 MPO /RTPO: PSRC Six Year Transportation Improvement Program From 2007 to 2012 Hearing Date: 6/12/2006 Amend Date: '— Adoption Date: 6/19/2006 Resolution No.. '{ v csa .c rd o E 0-G Project Idontification A. Federal Ald No B. Bridge No. 0 C. Projoet Title D. Stroot/Road Nomo or Number E. Booinning MP or road - Ending MP or road F Doaerlbo Work to bo Dono Imp Emnent Types) c� Total Length ' % Project Coate __._.__. Federal Funding - ou- erul.- Fund Codo 10 In 1 houcando ._._..-- Fund "Cost b l Cost by Phase f'f of .— Source Information State Fund Coda 12— Do taro ______.___.__....___. Stato Local Funds Funds ��-13 14 Total Funds 15 Ex -'- 1st iG (Coca/ Agency) -- -- - 2nd 17 - -- 3rd 18 u to 401 Thra Gth 10 Federally r P o u Funded Only ete 0 y -- R/W Roqulrotl onto (mMn,>) 21 + a- li B _._____ Phase Start (mrn/dNyyyy) U Envir• TYDe GU 14 7 03 S 5000 6 CN 1/1/2007 STP(U) 3006 TPP 4200 1177 0063 4045 4410 CE Tukwila Intl Blvd (Plmuo 2) Foot 0 No Tukwila Intl Blvd from: S116 St to: 5132 St P S Conelmct overlay, curb n outtdr, aldowalka, I Iuminatlon, dra nap, T _._.— .,_,_._..____ _----- - - - - -- ---- .--- 3680 0063 4645 Iundacapino, and utility undurgroundlna, W Totals 4200 1177 - - -67Sr 4418 14 G 03 S 2100 G CN -I. 1/1 /200% i S'IP(UJ ; 34201 OTFIER r 2000 00011 32401 33601 CE Tukwila Intl Olvd (Nano 3) Foot 0 No Tukwila Intl Blvd from: S 132 St to: S 130 St S T tlomnntrucl roadway including paving, curb 8, [Mob dtltlwaIk P — ___...___,_..__... _..._......_._..____ -.__. ....__--.._..__._ .............. ..__,.....__.....,_.._______._. ......... II umlnallon, Jralnuoa, and uN ty uadarorounding. W Totals 3420 2000 576 0001 3245 3056 17 g 03 P ions W PE 111/200% -_.. .. .__....._ 215 20 215 20 275 20 CE 3 144 S1 (Photo 2) Foot T OW 014 1/1/2007 1/1/2000 Alp 753 305 1130 1130 No S 144 St from: 42 Avo S to: Tukwila Int'I Olvd S P Donlon and conolruct pnv no. curb N gattor, eldowolke dralmoo G ...._ ._..._.. .,. .__ ...._ .._._. Illminallot and utility undororowbino Totals 753 620 1373 235 1130 6 I 10 _- 07 S 0- ALL 1/1i20117 I Ovorluy and Ropulr PrOarnm G No Various City Streets from: to: 0 P Rupnlr, rahnbllllnln, and ovnrluy 011/ Wools an noodnd In an annual S ._.._._.._ __.._....._ _...___..__._.._ .._..._..._—__.,....._..___._..._.._.__...____ . ............____._......_.__ —._ _.....___. program, T Totals ' 7500 7500 1250 1250 1250 3750 --- 6 11 12 : g yy CN 1 1/1/2b07 crunu 1 tswi I I 3w3 : 477:21 lent I 2403 CE Traffic Signal Inlorconnoct Proorum I T No I Various City Strooto 1 S I from: to P Dnnlan and Inotnll hard w rn lnlnrconnatl nynlom bolwann lmnlo nlonnle and 0 ....._.. .._.. _._ .... ................_..,.,_...._.._ _.. ...._.. ---- am 1'rnoc Opmallona Cantor, O Totals 1206 356G 4772 2372 2400 14 12 03 • P 400 W CN I 1/1/2009 j. I 61021 61921 I 61021 CE Inlorurbun Avc S Foot T No Intururban Ave S from 51,13 S1 to: Fort Dent Way S P Racanatruct alrocl Inc ad no curb 8, drainage, plum nation, Ci _.._.. ._.. _..__......__.._. .._.......__.__......_._ ....... ..........__... —.__. pnvinp, guitar, nldnwnik, and lundncnpino. C ___ Totals ........___....— 6102 0102 6102 Report Dote: July 25, 2001 Pogo 2 Supersedes previous editions Washington Stato Dopnrtmont of Transportation xgoncx: Tukwila ___� Co. No.. 17 Co. Namo: King Co. City wn.-132-6 IVIpcvKTpo:--------^----�---^ Six Year Transportation Improvement Program From 2007 to 2012 ---'--- --------- Hearing oam:m1umoo6 Adoption Data: m1oo006 Amend oxm:`^—~--'-----Kosomt|"nNo. ~------'---� � � 1 -''2�� 1 E a p«i^otm^nd«cauun «.n:u^m|muwu aaxuovNo. c.p"4mtnu^ o.o,mo�n"*uwamoo,w"mm,, s.aoo|omonMpmmuu's"umompo/,mo roo;",iwwomwxoDonn ---~----'----3----�--------------4 ��0 E a 61- 11 12 �� .g -Y-'»--''^l . � o. p*maCoot; innmJmmwuaDollars Fund �g '"=m����°---'--_-~-_---'~-- c^oo 12 -�-713----14 State Funds Local Funds 'i3^-10-�-1 Total Funds sxF(*nm�vm_x_c_»_m.0 ,m LommxUm"rN 2nd f^-18r---10-'-zr— 3rd uw n ` m m^ p�^�-� ^: Typo Only l �� Roqulrod Data <'''"' ' / zi-- p^uoo Start m»**@ro� 'y�om. Fund Codo 1 0 ��swo co»/u/pu«u Phoso 1 T 16 '--�--------�'^----'-----------------`'�--'���--'-'-----^`----� �� 17 16 16 --- 16 13 | 14 15/ 16 17 i 1 18 21 P T mkwn^ Urban Cantor mw^xCantor w Control Business District P from: *. n Donlan and marmot ^ Vanua w^w. 05 p 2000 C mw~°,,*^wwm Foot $vw Andover Park Wool P front r.*,/*Parkway to; mmo^o,Blvd S wmv.,^md"o..v for cantor Ion turn Iona T w/Totals -�----- ---^------------'---''`05p0,23 c -,0T-17au00 8144 uOrklaumdowalka mIlac $ m1*^m p from: mnmmS � S /Vfacio,mSt ng~do"nlk"wUndo ovor Ida Ullman *»*: rind mmm T---_____-_- :, -------- --- ----'---- �--'- W � S�.1 - c o°.mwwwmm. *m, G Southcontor « from: /momm*"wBlvd. m1-5 r harrow, rondwny u.��oo"*"""�*^m*~�*m*m*"�m°� u �°.�*��.��mo�^^�^ wwm^iww" r �'-- --- 12 xmw",pmkc/mmm",mvv Feat from 5w Ft. oath Ion to: mv Ft. ."mlog Donlon and m^ntrv"..10mw and Carr onigowImvw~"wm"and .wicia"* for lo" turn manna, -------- ---- -------Totals 03 p 1600 p Eo"tm^vumWay Foot u Pout Marginal Way / from: nm*o^=*oRd. m: 3/nu '' mo :Allman ^mwwo curb xomw�wm�� dmu+^,w�w*,I�mm�*o*=wum�iw. ow 111u007 CMAQ 2850 2050 2040 210 CE -��-- CE � �� �-__-- No No No No - No No Totals PE Totals v^l���0/-� ow1nu»� Totals e C14 - Totals 177/2007 1/1/2012 -_-' � I | ���o� - 1/1/2012 -_--___--'''_----'.--__�-_-_-----_'_ --- 1 [ ��------ !—'------���--��4---�4-- —`� -- 1 1 -- -�_-_''_---7000 -- -_ 2850 1 7001 mw o 1 70001 -o -- -- om � "^T 1 1020 1955 2850 0| 700 2040 ---210 lh�1— -^------^CE |--------�-CE---^'- ---_-- _�_-'--�-'-oe 1 700 700 [---- _- - mm 1920 BOO 25 | �4- 70001 _ _-M-o-o -- 200 ""| 1020 1055 100 25 wvF ----_no-o - 2007 �ov -1----� 1 70001 ---m--o_o - 1 ��i 1 --��-�—'--�- 35 T- --- Report Date: July 25,2001 Pogo 3 .er. v71Washington State Department of Transportation Agoncy: Tukwila Co. No.. 17 _ -_-_- Co. Namo: King Co. - - - - -- City No.. 1320 MPOIRTPO: PSRC Six Year Transportation Improvement Program From 2007 to 2012 Hearing Dato: 6/12/2006 Adoption Dato: 6/19/2006 Amend Dato: Resolution No.. 1 gC ca fi. s+ n E o ° ° j ' a Z -1" -` 2 Project Identification A. Federal Ald No. B. Bridge No. 0 C. Project Title D. StrootlRood Namo or Number E. BotcrlboO MP or road - Ending MP Or road F Describe Work to bo Dono = EI �� J; .4. . e -6 -. J 5 I- tl o .' o _7-- --------------------- 2 o. .9i ---0 Phoao Start (mm /dmyyyy) Project Costa _- _.______.- Fodoral Funding ._FOd6Ffi Fund Codo ---70---11--1-2---13- In Thousandu Fund Fadcia& Cost by Y Phase of Source ._. -.. State Fund Codo Doliare - - -- -- Information —_- Stale Funds Expenditure -_ 1st -10 Local Agency) -- 2nd -- 17 Schedule - -- 3rd -1e "' 4th — Thru 6th .-c5- Federal) Projects Funded Only __ _., R/W Required Date (MM/Ytg __._2;f -.... _�- Total Funds .--15.- Local Funds -74- Cnvlr' T n YP -20- - ..- ._...3.._ 14 19 ...', 20 16 21 .._......_._., 16 22 16 23 1G 24 Wool Volley Hwy / 5 150 St from: Soulhconlor Blvd, to: S 150 5l Connlrucl nddltIonnl northbound loft turn lane nt S 160 St for northbound 10V to nunhbound.405, $ 133 S1 / SR 690 Rampn Inlurnocl on from 500 R. on unch Iog to: 500 Pt, on ouch Iog Donlon and connlrucl lntornod an Imnrovomanlp Including a now traffic naval, Mlnklor Blvd Mlnklor Blvd. from: Soulhconlor Pkwy to: Andovor Park W nndoapbro. ng for 5Jnnan Indutl no CuNMaollm, nldown k,dminapa, ird Conetruct and nndacnpino Andover Pork E / Indunlry Dr. Signal from: 500 Ft on each log lo: 500 Fl, on each loo 001011 n111.1 CUnntruct n trnlllc alonnl and lntaruacllon lmprovmnonln, S 160 St / Andovor Park W Intoraadlon from: 6001§. on arch Ina lo: 000 PI on each lag 'W don for north / noutll turn nllnn. s 106 S1 5 108 St front: Soulhconlor Pkwy to: Andover Pork W Connlrucl now rondwny Including cut b & puttrh n duwa k, dminngo, 11 notion, and mndacnpino 12 12 04 12 i 12 01 P 1500 Foot P t000 Fool P... 2000 Foot j P.. moo Foot _...... P 1000 o Foot P Foal i T p ALL ._.— Totals ALL Totals WET- Total ALa Totals _.— ALL ... Totals ALL ._.... Totals 1/1 /2000 __.-- .-- 1 1/1i2b00 ,__ —_ -� 1 ----------- 725 725 I .. —sal 725 ---- 725 shoj-- 350 j ;1261 --- -) -- '-'-- -- 725 -'—" 725 sal 30 ., --" ..__.I..._., _ ...- __.. —" 52o 320 r 425 -25 A2� "ego ' _.... ^._. 2—_. 20 210 13750 —.. - 13750 CE CE C6 CE CE No No No _.. _,. -... No No No 1 300-1• —._.1— 300 O G P S W /IJ T S ID W T S P G W T P T W 1/1/2010 __.._ 1/1 /2010......._._.. - ..._-- ___..__._._. _, .............._____. 1_ tivzoiu 1 �.._._ .... _.. ... _._.. 1/1/2012 _._....._................._ .._.— .____.— l '�._.' ------- - F— ._.. _ 50 Nir - - - -- 425 —_, izd ... —_ 220 ztd 210 I -- -13750' 13750 - - .._i..,. ---- - " "_ " "'----'- ..._).. ..._._ .. I....._ I- 1�- .— __._.____....._.. '— 426 I. _ :, — .L..— ' '1z0 ____. —_.. 220 2101 ._... ... ..� 210 - -- 13'/601 - - - -1 ..._._ _......._..._..... 13750 _— I I ...... _.. _...___..._....__._.__._._ Report Date: July 25, 2001 Page 4 Suporsedes previous editions a Washington State Department of Transportation Agency: Tukwila Co. No.. 17 Co. Namo: King Co. City No.. 1320 MPO /RTPO: PSRC Six Year Transportation Improvement Program From 2007 to 2012 Hearing Date: Amend Dato: 6/12/2006 Adoption Dato: 6/19/2006 Resolution No.. g r Y . ,. E LL 0. Z ._.,i__..._..Z.. Project Idontification A. Fotlorol Aid No. B. Brid o No. g C. Project Tltlo D, Stroot/Road Namo or Numbor E. Beginning MP or road - Ending MP or road F Doacrlbo Work to bo Dono ...._......_.._ ......_,_.___3,_— _____.._.___ —. ``, k» al=" E i .. te 5 Tv 2 j c� 7 -17 ._ Projoct Costa In Thousands of Dollard Expondlturo — 1st (Loco /Agency) 2nd 1 _.__1U Schedule 3rd 4th Thru (3th —fa. Federally Proloctn .______ Envic Typo Funded Only .__ RM/ Required DntO (mminm7 - .c °' o. 8 Photo Stan (mm/ddlyyyy) __..._ 9 .__.._.10 Fund Source Information Federal Funding F-o�orai Fund Codo State Fund Codo 12— State Funds . -15_ Local Fund, — Total Funds - __1.00......_ Fodoral Coat by y Phase 11— 14 25 04 P 0.5 C ALL 1/1/2012 11200 11200 11200 CE No SC Blvd. / 01 Avo S Britian Widening Mllen G 1 P (ion: 55 to: 02 Avo S S WIron Soutncantor Olvd, and Ina 01 Avo 8 bndon to add a Iona for future T Totals 11200 11200 11200 ....45791..—_- ._ -457 _I tminC a rowth. W 14 26 Tukwila Int'I Blvd / S 110 St 04 P loos Foot P ALL I in/2o1z '— 4075 I 1 CE No Tram: SR 500 Britian lo: SR 500 ono on and contract wldanrn9 on Tukwila 1nel alvd. and Inlnrnncl on _..__—...__.....__..._____...__.._ _._..._...__....._____...._.._ __.._....__..._._._.._ ._._.........._.__._._._.___._, Improvnrnnnta at 1,1.0 /511061. Totals 4075 4075 4075 4 27 _.._.. __ 'rnlnwII i Intl Blvd. (Pion 4) 03 P a o .... Foot p s RC 171/2006 1 I 3000T-3,01 1 2io" 7.7db CE.. No 'rukwllu Int'I Blvd. W Iram: 0ooing Accom Rd. to: 5 110 St 0 Dourpn and connlmcl within 09 Intuit no pnvInD. curb C°attar, nldowalk. drmnogo, Ilium notion, lundncnpino and utl Ity undarproundlno, Totals 3000 3000 220 2700 4 28 OS P o.5 W ..crfiii7io1 � � - - ---. ) —. _...I_,.— _�_..._ -- ..._..._r_— _�_._... buoi— bail .. _r .._._dud —.c.._... CE Valley Hwy Milos T No (Went Waal Valley liwy from: 1-405 to' Strandor Blvd. S G Da:lpn and coact' uclwldnnlnploi.nama nchminp curb 5001101, nldnwullm, P ...__._.. ...— _.__..._.._......_.. ._.__.___.....__I, .___..._.. ..._._ .... ..... .._...____.. ...__..... pinmmnntmn, and dndrmw. Totals 560 550 580 17 29 03 P coo nLL vvzotz 1 2001 1 I Zee CE Nulnnn Plano Fool No Nulnnn Ploco Iron S 150 31 lo: 8 156 St Douldn unit ronnlruct pnvinp, curb & pallor, nldnwnlkn, drnlnnpn, and __,._ ________ _.. .._____— __..._ ....._._..__. ..._.._..... _. ..... ..........._.........______.. I Illnnnnnnan. Totals 200 200 200 - "-14001 ..... -._.- 19 30 32.....S 1000 __.._.. ALL[ 1/1/2007 x.._5'1'8(0 r soil...._.___,.._._._ I__ 12001 .. 07061— 300 I CE TnkwIlu Urban Contnr Pndlniko Brldno from: Bohol' Blvd to: Want Vnlloy Hwy rrdnntdnn brldpn aver tho Groan Rlvor connoctlne trio Ot10 end nil glutton, 08 Foot Totals 50 '— ..._.....__._...._.._ 0 300 1400 No 1200 1700 ...._L__._..._..._. .._.__._. ...._..___._.........._..____. ... __._._ . ...__..._._..___...._— ..._.._.. ___..._._... .............. _.., _.. ..__...__.._ 18853 ..._.._ Grand Totals fo Tukwila 12686 110339 141070 46977 27039 0067 50095 Report Dolo: July 25, 2001 Pogo 5 Supersedes previous editions COUNCIL AGENDA SYNOPSIS CJe t w qS :ritak ITEM NO. O r a lit:, m )E1 1 Meeting Date 1 Prepared by 1 Mayor's reci_w I G,ur.: 1 riser 11 R 2 1 6/12/06 I RL 1 L)Le 1 rsoa 1 6/19/06 I VO W 1 /VD 1 Q I I 1 1 I r ITEM INFORMATION CAS NUMBER: 06-068 IORIGLN?AL AGENDA DATE. JUNE 12, 2006 AGENDA ITE >I TITLE Resolution for ALEA Funding Assistance for Duwamish Gardens Acquisition. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hanna Omer drtg Date 6 /12/06 1 t,g Date Mfg Date 6 /19/06 ftg Date 1Ug Date %Itg Date Aftg Data (SPONSOR Council tlkar Adm Svcs DCD Finance Fire Legal PeR Palk, PTY/ 1 SPONSOR'S The Interagency Committee for Outdoor Recreation (IAC) requires a formal resolution for SUMMARY a grant application. This resolution will authorize funding assistance for the Duwamish Gardens site along the Duwamish River through an Aquatic Lands Enhancement Account (ALEA) program. REVIEWED BY COW Mtg. CA &P Cmte FRS Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/6/06 RECOMMENDATIONS: SPONSOR /ADMIVN. Approve resolution. I COMMITTEE- Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED May be $50,000 $0.00 Fund Source: 301 Land Acquisition, Recreation Park Development Comments: Will require be a new CIP page in 2007 Funding is tentative based on success of all grants. MTG. DATE I RECORD OF COUNCIL ACTION 06/12/06 I Discussed at COW; forwarded to 6/19/06 Regular Mtg for final action. 06/19/06 I MTG. DATE ATTACHMENTS 06/12/06 1 Information Memo dated May 31, 2006 Resolution Maps Aquatic Lands Enhancement Account Grant Application Utilities Committee Meeting Minutes from June 6, 2006 6/19/06 1 Resolution in final form. ~~ f~_._~...IS'~\ j<J/ ~. \'Z.~ >~'~'G>' \~\." .~.. i~} ,,~~'~y -~ City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKI"iILA, WASHINGTON AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE TO THE INTERAGfu'lCY COMMITTEE FOR OUTDOOR RECREATION (lAC) FOR At'l AQUATIC LAt'lffiS ENHANCEMENT ACCOUNT (ALEA) PROGRMvi PROJECT, KNOV,'N AS THE "DUWAt\1ISH GARDENS ACQillSITION PROJECT: AS PROVIDED IN RCW 79.105.150 MI.'D SUBSEQUENT LEGISLATIVE ACTION. WHEREAS, the City of Tukwila has approved a Comprehensive Plan that includes the Duwarnish Gardens Project area; and WHEREAS, under the provisions of ALEA, state funding assistance is requested to aid in financing the cost of land acquisition and/ or facility development; and WHEREAS, the City of Tukwila considers it in the best public interest to go forward with the Duwarnish Gardens Acquisition Project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. The Public Works Director shall be authorized to make fonnal application to lAC for funding assistance. 2. Any funding assistance received shall be used for implementation of the Duwarnish Gardens Acquisition Project, as shown on Exhibit A. 3. The City ofTubvila hereby certifies that its share of project funding is committed and will be derived from the City's Parks and Recreation ~01 Fund. 4. The City of Tubvila acknowledges that it is responsible for supporting all non-cash commitments to the sponsor share if the grant is not approved. 5. The City of Tubvila acknowledges that any property acquired or facility developed with lAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity, unless otherwise provided, and agreed to by our organization and IAC (generally, lAC approves removing facilities from the perpetuity requirement when the facilities have reached their designed life expectancy, or because of extraordinary vandalism, acts of nature, fire, etc.). 6. This resolution shall become part of a fonnal application to lAC. 7 The City of Tub,'ila shall provide appropriate opportunity for public comment on this application. ~ m.:f SetIi.',g5\AU Usml.D::Mrop~Xcl.)'"-\fSDATA'.lksct;.,,..'O'""..;;\~~F~:li:;,g..6x SW:kn6'1SllOO6 Page I of2 PASSED BY TIJE"OTY COUNCIL OF THE OTY OF TUKWILA, W ASHlt"lGTON, at a Regular Meeting thereof this day of .2006. ATIEST/ AUTHfu'\1TICATED: Dennis Robertson, Council President Jane E. Cantu, CMC, City Oerk APPROVED AS TO FORM BY: Filed with the City Oerk: Passed by the City Council: Resolution Number: Office of the City Attorney Exhibit A - Duwarnish Gardens Site Map C'-D.:'<..~7.~:.s ~ S=ci.'":?,,"-'l.:I1.:~-f'",,~~ X~~~~.!.SDATA\.~=_~..:o.-',..u.EA F~-di:"_~,.x SW:b:1 f:J15J1OO6 Page 2 of2 Exhibit A Duwamish Gardens Site Aerial Photo Map W COUNCIL AGENDA SYNOPSIS k _nitiait ITEM NO, l 11 +y l y M.ztirz Datz Prf r l ared 1 Afro?! reti_w _Coma rain '`WNt t j J 1 06/12/06 1 51- 1 1 ��{�.(c' I OW Mich 1 1 1 Ai l i fsoa I 1 1 1 I ITEM I CAS NUMBER: 06-069 IORIGIaNAL AGENDA DATE: 06/12/06 AGENDA ITEM TITLE Off -Site Wetland Mitigation Program CATEGORY Ducursion Motion Mu' elution Ordinance Bid Award Public Hearing Other 6/19/06 avg Dat. 6 /12/06 MIs Dat, lts Do r ftg Date ivg Dat. tx Dat. Mfg Date I SPONSOR Council El Mayor Adm Svc DCD Finance Fin Legal PAR Police P11 SPONSOR'S Discuss proposed off -site wetland mitigation program, using a consolidated mitigation SUMMARY approach, where developers would carry out mitigation on City -Owned properties under supervision of staff and in accordance with the Sensitive Areas Ordinance. Authorize the Mayor to enter into agreements with developers for use of City land for mitigation purposes. REVIEWED BY COW mt CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/09/06 RECOMMENDATIONS: SPONSOR /ADMAN. Approve resolution COMIMITIEE Discuss and approve resolution CCST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MT -_G• DATE I RECORD _OF CO 06/12/06 I Fonrard to Regular Yeetinq, 6/19/06 I 1 I 1 I I MTG.-DATE I ATTACHMENTS I 6/12/06 I Information Memo, June 7, 2006 1 Draft Resolution Approving an Off-Site Wetland Mitigation Program 1 Staff Report "Off -Site Wetland Mitigation Program for Tukwila, April 24, 2006 Community Affairs and Parks Committee Meeting Minutes (5/9/06) 1 *Staff report distributed under separate cover. I 6/19/06 IResolution in final form ?~... j'~~~~--'~';:;I;. ..!!..~ \"'" ~ ..o,,~.=--'- ~'t->,; ::: ~~~~ ~(;)-.' \~\~~~~)g) l~. ....>_::___/.~ J ~ City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'TIJIG\'lLA, WASHINGTON, APPROVING Ai'l OFF-SITE V>'ETLAND !\-llTIGATION PROGRAM ON CITY-OWNED PROPERTIES, AND AUTHORIZING THE MAYOR TO NEGOTIATE AGREEMTh'TS Y>-'ITH DEVELOPERS FOR USE OF CITY-OWNED PROPERTY FOR WETLAND !\-llTIGATION. WHEREAS, in an effort to address the increasing p=sure for development in TukwiJa on properties that have wetlands, staff has proposed a program for off-site wetland mitigation when on.site alternatives are not adequate; and WHEREAS, the proposed program has been conceived to help facilitate development, particularly for small developers, while at the same time providing environmental benefits by directing mitigation for many small wetland losses to larger or more highly functioning sites; and WHEREAS, the proposed program could help the City achieve some of the goals of the WRIA 9 Salmon Habitat Enhancement Plan, such as development of riparian wetland areas along the GreenjDuwarnish River; and WHEREAS, projects under the CIP, where wetland mitigation is needed, could benefit from this proposed program; and WHEREAS, the Sensitive Areas Ordinance allows for off-site wetland mitigation when on-site mitigation is not scientifically feasible; or not practical, due to adverse impacts from sunounding land uses; or functional values created at the proposed restorationj enhancement site are significantly greater than lost functions; or regional goals have been established and justify location of mitigation off-site; and WHEREAS, staff evaluated possible alternatives for off.site mitigation programs and sites, and determined that the proposed alternative of consolidated mitigation on certain City-owned properties is the most straightfonvard approach, which would make the developer responsible for designing and implementing wetland mitigation under staff supervision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TlJ1O\'ILA, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1. The concepts of the Off.Site Wetland Mitigation Program (contained in the attached Staff Report - "Off-Site Wetlnnd lvfitigatirm Program far Tukwila," April 24, 2006) are hereby approved. Section 2 The Mayor of the City of Tukwila is hereby authorized to enter into agreements willi developers for using portions of Oty-owned properties for off-site wetland mitigation. C~..ts~Stttir.g.-\.uI L~'-Xell)'"MSDATA'-~~~'Dff.si~W~z;;.J~.!itip..:500Progr~..::uk~ SW:m fHsn0c'6 Page I on Section 3. Any agreement for use of City-owned property for such mitigation shall be consistent with all applicable City of Tukwila ordinances and regulations, induding Tukwila's Sensitive Areas Ordinance, in force at the time of development approval. Section 4. Funds received from developers for use of City-owned property shall be used solely to support wetland or stream enhancement projects within Tubvila. Section 5. Any agreement for use of the City property for such mitigation shall incorporate measures approved by the Director of the Department of Community Development to ensure the long-term ecological success of the mitigation program. PASSED BY TI:ffi OTY COUNCIL OF TI:ffi OTY OF TUKWILA, W ASHlNGfON, at a Regular Meeting thereof this day of .2006. ATIFSTj AUTHENTICATED: Dennis Robertson, Cuuncil President Jane E. Cantu, CMC, City Oerk APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Staff Report - 'Off-Site Wetland Mitigation Program for Tukwila,' April 24, 2006 C:\~~~-A!J~~"'P'J(clJ}'.\{sDATAI..~-b~'Oif-:;ic:Wel.h...jM]dg.u.~;t~&,.; SW:kD &J5i2:006 Page 2 of2 COUNCIL AGENDA SYNOPSIS "<cJ rritthb ITEM No. .y is 1 'O; 1 dleetingDate I Prtared by I ala ;e I e ccatil r=rie.-r t 2) I 6/12/06 1 CK 1 )/�/l k)!P 1 6/19/06 1 KY; rsoa I Ur I G-� C I ITEM INFORMATION I CAS NumbER: 06-071 I ORIGL\A1. AGENDA DATE: JUNE 12, 2006 AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat /Southcenter Pkwy) Local Improvement District (LID) Special Benefit Study Consultant's Agreement CATEGORY Discs,stn Motion Resolution Ordinance Bid Award Public Hearing p Otter 3itg Date 6/12/06 I Ug Dot: 6/19/06 3ltg Date Mfg Dote Mtg Date 3Ug Date 3ftg Dam I SPONSOR Council dfa 'or Adm Svcs DCD Finance Fire Legal PtR Police PW SPONSOR'S The Tukwila Urban Center Access Project located at Southcenter Parkway and Klickitat SUMMARY Drive now requires the next step in the LID process. The Feasibility Study determined that there would be a definite benefit to the area. Now a Special Benefit Study will provide a tabulation of recommended assessments for parcels in the LTD boundary area established in the Feasibility Study. There is also a need for three summary appraisal reports for right of -way acquisition, which has also been included in this consultant's agreement. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 6/12/06 (same night as COW) RECOMMENDATIONS: SPONSOR /ADMEN. Authorize Mayor to sign contract with Macaulay Associates. COMM11 IEE Report needed, same night as COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE 1 ED APPROPRIATION REQUIRED $93,000.00 $3,890,000.00 Fund Source: 104.02 Commercial Streets (pg 37, 2006 CIP) Comments: All costs associated with the LID will be folded into the final LID assessment. MTG. DATE I RECORD OF COUNCIL ACTION 6/12/06 Discussed at COW; forwarded to 6/19/06 Regular Mtg. for final action. 1 6/19/06 1 MTG. DATE ATTACHMENTS 6/12/06 1 Information Memo dated June 6, 2006 Consultant Agreement with Scope of Work Discussed at Transportation Committee Meeting 6/12/06 (same night as COW). 6/19/06 1 Transcorta' ion �.r:- ttee Minutes dated 6/12/06 Present: Transportation Committee June 12, 2006 - 5:00 p.m. Joe Duffie, Chair; Pam Carter, Joan Hernandez Kevin, Fuhrer, Bob Giberson, Frank Iriate, Gail Labanara, Ryan Partee, Cindy Knighton, Diane Jenkins, and Dale Cummings, Metro. Presentations: A. iSiqnalThl Flashinq Bus Stop Beacon bv Dale Cumminqs from Kinq Countv Metro King County Metro will be installing 13 solarpowered beacons/Carmanah iSignalsTI., at existing flag posts along Route 150 as part of the bus zone improvemenls project. Also, three new bus shelters and solar lighting are planned at some existing bus shelters. The locations for the iSignals were selected by driving Route 150 at night. A maintenance vehicle will be used to install the posts so as not to block an active lane of travel or sidewalk. The iSignal includes a blinking LED light that allows bus passengers to notify the oncoming bus that they are waiting for the bus in the evening. Two years ago, Pjerce Transit installed 200 of these units which resulted in high satisfaction among bus drivers and customers. Last year, Metro received approximateiy 1,000 complaints of missed boardings. Pam suggested to inclu~e Metro's phone number on the posts to allow riders to call if they need information. Concern was raised regarding the bus stop at Fort Dent (located next to a ditch). It was noted that the City is planning to widen Interurban Ave and put in curbing and a sidewalk in 2008, but interim measures will be explored to improve safety at this bus stop. Information Onlv. Business Aqenda tA. Tukwila Urban Center Access Proiect (KlickitatJ Consultant Aqreement for LID Special Benefit Studv and Riqht-of-Wav Acquisition Assistance Last fall, the City of Tukwila contracted with Macaulay & Associates to determine the feasibility of a LID (Local Improvement District) for Klickitat. The next step will provide an approximate amount on how much each parcel, would be assessed in the LID - approximately 300 parcels. Full assessments will not be done on each parcel. but rather a sampling. The final assessment will be determined upon completion of the project. The proximity of the parcel will be assessed a higher assessment than those parcels further away from the project. Also, the term of the LID would affect the assessment (e.g., if the LID was 10, 15, or 20 years). All costs incurred by the City that are associated with the LID can be folded into the LID assessments. It was noted that right-of-ways would also need to be acquired. HNTB, the City's lead consultant on the project, has retained a firm to assist in the acquisition since they are unable 10 negotiate both a purchase price and conduct a fair market assessment; this would be a conftict of interest. This contract also includes $g,OOO for three separate summary appraisals. Pam suggested that a "101 class' in the formation of LIDs be offered at an upcoming Committee of the Whole meeting. Unanimous approval, forward to COW,. B. Standbv Power UpQrades Proiect Consultant AQreement (Fire Stations, City Hall. and 6300 Buildinq) Abacus Engineered Systems was selected to perform a feasibility and priority report for the Standby Power Upgrade Project. In the event of an emergency, the fire stations, City Hall, and the 6300 Building do not have adequ<;\te standby power (up to 72 houf"$). Portable generators are available at some sites to only open up bay doors at the fire stations. Joan asked about capability at the Minkler shops and was told that we just purchased the Teamster's generator for Minkler Unanimous approval. forward to COW. Adjournment: 5:45 p.m. ~ {-" Minutes by DJ, Reviewed by GL. Committee Chair Approval 1 COUNCIL AGENDA SYNOPSIS JAW `�rti'S Iritiais ITEM NO. O{ e Z; ICI% I sl 1 _lfeiiniDate 1 Prpard b I .11a- relic. I C,;traitr!ie:u 1 1 06/19/06 1 /jec 1 1'k 1 hi( isoa I I I I I ITEM INFORMATION I CAS NUMBER: 06-072 IOIUGLNAL AGENDA DATE: 6/19/06 AGENDA ITEM TITLE Code Amendments Relating to Nuisance Abatement and Code Enforcement CATEGORY Dutton Motion Resolution Ordinance Bid Award PuhacHearing Other Acts Date Mtg Date ilftg Date 3ftg Date 6/19/06 Aftg Date Mtg Date Aftg Dale I SPONSOR Council Ma3or El Adm Svcs DCD Finance Fire Mega! P &R Police Pik/ SPONSOR'S To date, the TMC does not contain provisions relating to voluntary correction and limited SUMMARY right of entry agreements. The proposed amendments address the City's general authority to contract with property owners relating to abatement of nuisance and code violations and authorizes the City to collect all legal, actual, and incidental costs associated with abatement and describes such costs with specificity. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm_ P Comm. Pionnin Comm. DATE: n/a RECOMMENDATIONS: SPONSOR /ADMEN. Adopt the amending ordinance CO\LIIITTEE n/a Council President requested this item go directly to Regular Mtg. COST IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $n /a Fund Source: Comments: MTG. DATE RECORD` OF COUNCIL ACTION' 6/19/06 1 I 1 I I MTG.DATEI ATTACHMENTS 1 6/19/06 1 Information memo dated June 14, 2006 1 Proposed Ordinance in draft form. I 1 I I I 1 1 KENYON DISEND, PLLC THE}>'fUNICIPALLA I'f FIRM 11 FRONT STREET SOUTH ISSAQuAH, WASHINGtON 93027-3820 \'ww.KENYONDlSEND.COM (425) 392-7090 . (206) 628-9059 FAX (425) 392-7071 MICHAEL R. KENYoN BRUCE L. DISF..'ID SA..."'DRA S. lviEADOWCROFT SHEI.IFi M. KER..'L\.'<:E HEIDI L. BR05lUS KERR! A. JORGENSEN LACEY L. MADCHE PErroR B. BECKVIITH THO""S J Gurr.rorr. RL..,I\E G. WAUJ; JOSEPH B. k-v A.'I KARl L. SAND MONICA A. BUCK KATHRYNJ. HARDY INFOR1\1ATION MEMO To: Finance and Safety Committee From: Shelley Kerslake, City Attorney Lacey Madche, Assistant City Attorney Date: June 14, 2006 Subject Code Amenchmmts Relating to Nuisance Abatement and Code Enforcement ISSUE Whether the City should adopt the attached code amendments to Chapter 8.45 TMC relating to voluntary correction of nuisance and code violations and recovery of costs associated '.vith abatement measures taken by the City BACKGROUND AND DISCUSSION The primary goal of code enforcement is yoluntary correction .without commencement of ailministrative or judicial proceedings. Cmrently, the Tukwila Municipal Code does not contain provisions relating to voluntary correction and limited right of entry agreements. TMC 8.45.045, as proposed, descn'bes the applicability and the City's general authority to contract with property owners relating to abatement of nuisance and code violations. Should tenants, property owners, and other persons responsible for nuisance or code violations fail to take the necessary corrective action proposed by the City, a Heming Examiner, or a Court, the City may abate such violations and by law charge such costs to the violator. TMC 8.45.105, as proposed and in pertinent part, authorizes the City to collect all legal, actual, and incidental costs associated with abatement and descn'bes such costs with specificity RECOMMENDATION Adoption of code amendments relating to nuisance abatement and code enforcement as proposed. Attachments: Proposed CodeAmcndmeots to Chapter 8.45 TMC. F:\APPS\C1V\TUKWILA\t.lemo\M~~~~GrON CmEs SINCE 1993 CITY OF TUKWJLA WASHINGTON i ~_-~ " f!1 r;J c;r i c ~ In: .< (\ If i.., J. I t I ....., Ii t.:::.J UJ =-J u ORDINAi'i'CE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CODE El'.'FORCEMEJ'i'T, AMENDING TUKWILA IVIDNICIPAL CODE CHAPTER 8.45; PROVIDING FOR SEVERABILITY; A1\'D ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City continues to work toward more efficient and effectiye processing of civil code violations; and WHEREAS, City staffhas proposed changes to the Code Enforcement Chapter to ensure greater efficiencies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF 11JKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Chapter 8.45. Amended. Tukwila Municipal Code Chapter 8.45, entitled ''Enforcement,'' shall be amended to read as follows: CHAPTER 8.45 Et"WORCEMEJ.'IT Chapter 8.45 ENFORCEl\fEt~T SectiDns: 8.45.010 Purpose 8.45.020 Scope 8.45.030 Violations 8.45.040 Enforcement 8.45.045 V oluntarv Correction and Limited Right to Enter Prouertv 8.45.050 Investigation, Civil Infraction Citations And Notices Of Violation 8.45.060 Time In Which To Comply 8.45.010 Stop Work Orders 8.45.080 Emergency Orders 8.45.090 Appeal To Hearing Examiner 8.45.100 Penalties 8.45.105 Abatementbvthe City 8.45.110 Additional Enforcement Mechanism 8.45.120 RCW Chapter 35.80 Adopted 8.45.13 0 Improvement Officer and Appeals Commission Designated 8.45.140 Improvement Officer Authority - Is:ruance of Complaint - 1 - F:\;\WS<:CfVirtJh.'WIL\\Drdiro=a'INuixn:e ~d:~.ffi.1)&'14i,!)5/ 8.45.150 Service of Complaint 8.45.160 Complaint Hearing 8.45.170 Determination, Findings of Fact, and Order 8.45.180 Appeal to Appeals Commission 8.45.190 Appeal to Superior Court 8.45200 RecommendationlPenalties 8.45.210 Tax Lien 8.45220 SalYage 8.45.010 Purpose The purpose of this chapter is to establish an efficient prBcB<:3 ~ilr c.lli;f~~mlillt c~ cBde .iillatiBBS sYstem to enforce the develomnent. land use. and public health re!!lJlations of the city. to -crovide an OPDOrtunity for a Drompt hearing and decision on alleged violations of these re!!lJlations. to establish penalties for violations. including abatement of any affected mODerties. and to collect all costs associated with abatement. including relocation/assistance exPenses pursuant to Chanter 8.46 of the Tukwila Municipal Code. (Ord.1838 s2(part), 1998) 8.45.020 Scope The procedures set forth in this chapter shall be utilized to enforce violations of the Tukwila Municipal Code, as such violations are described within the Code, and as this chapter is referenced throughout the Code. (Ord. 1838 s2(part), 1998) 8.45.030 Violations A. It is unlawful for any person to initiate, maintain, or cause to be initiated or maintained, the use of any structure, land or property within the City ,vithout first obtaining the pennits or authorizations required for the use by the applicable provisions of any of the Tul.'Wila Municipal Code. B. It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished, any structure, land, or property within the City in any manner that is not pennitted by the terms of any permit or authorization issued pursuant to the applicable provisions of the Tukwila Municipal Code. C. It is unlawful for any person to engage in or conduct business within the City ofTukwila without:first obtaining appropriate business licensing. D. It is unlawful to: -2- F:\AF l'S\CIY\"nn...."WILA\Or1fimn:e\Nui.:.== Cc.rk.d~1>iElO5l1.t.u€l 1 Remove or deface any sign, notice, complaint or order required by or posted in accordance "''lith this chapter; 2. Misrepresent any material fact in any application, plans, or other information submitted to obtain any building or COllBtruction authorization; and, 3. Fail to comply with any of the requirements of an order to cease activity issued under this chapter or issued p=t to authority provided in other cnapters of the Tukwila Municipal Code. E. It is unlawful to: 1. Maintain, allow, permit or fail to prevent a nuisance as defined in Tuh.'Vma Municipal Code Chapter 8.28 or as defined throughout the Tukwila Municipal Code; and 2. Fail to comply with any applicable provisiollB of the Tukwila Municipal Code, including, but not limited to, the regulatiollB and requirements found in the following sections of the Tukwila Municipal Code, as now in effect or as may be amended hereafter: 5.04.115 ... Penalties. 822.290 Penalties. 9.32.200 ..... Penalties. 9.44.130 ... Enforcement. 11.22.220.. Violation - Penalties. 13.08.120. Enforcement. 14.06.070 . Penalties. 14.16.110... .Penalty for violation. 16.04.020.. Unifonn codes adopted. 16.16.072.. Parking in fire lanes probibited. 16.52.080.. Penalties for noncompliance. 16.54.300.. Penalties. 17.28.020.. Penalties. 19.36.010. Penalty for violations. (Ord. 1838 92(part), 1998) 8.45.040 Enforcement A. The Code Enforcement Officer(s) Ware the person(s) authorized by the Mayor to enforce the civil provisions of the Tukwila Municipal Code. B. The Code Enforcement Officer shall have the responsibility for enforcement of -3- F:\APPS",crV\'rm,.."WILA\O~\:.'{~ Code.d~.1E.W1Vl.."15J this chapter. The Code Enforcement Officer may call upon the police, fire, building, public works or other appropriate City departments to assist in enforcement. The Code Enforcement may seek assistance from outside agencies or 1Jrivate contractors should the need exist. As used in this chapter, "Code Enforcement Officer" shall also mean his or her duly authorized designee. C. This chapter shall be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. D. It is the intent of this chapter to place the obligation for complying with its requirements upon the owner, occupier, tenant, =ger, agent, or other person responsible for the condition of land and buildings situated within the City of Tukwila and within the scope of the Tukwila Municipal Code. E. No provision or any term used in this chapter is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. (Ord. 1838 ff2(part). 1998) 8.45.045 Voluntarv Correction and Limited Ri!'ht to Enter Property A. APPllCABIIJTY. While it is the Citv's desire to obtain voluntarv correction pursuant to this Chapter. compliance is not a prerequisite for 1Jursullg any of the other remedies for correction in this Chapter. or anv remedies available in law or eCIUitv. This section mav applv whenever the Code Enforcement Officer determines that a nuisance or code violation has occurred or is occurring. B. GENERAL. The Code Enforcement Officer mav attempt to secure voluntarv correction by contacting the owner. occupier. tenant. manager. agent or other person responsible for the condition ofJand and buildings situated within the Citv of Tukwila and. where possible. explaining the violation and requesting co=ction. C. VOLUNTARY CORRECTION AND LIMITED RIGHT OF ENTRY AGREEMENT. A voluntarv co=ction and limite<i right of entry agreement may be entered into between the owner. occuPier. tenant. manager. agent or other person responsible for the condition ofJand and buildings situated vtithin the Citv of Tukwila for the violation and the Citv. acting through the applicable denartment dire~tor. The vohmtarv correction and limited right of entry agreement is a conuact between the Citv and the owner. oCCUDier. tenant manager. agent. or other person responsible for the condition of land and buildings under which such person agrees to abate the violation within a soecified time and according to specified conditions. The voluntarv correction and limited right of entry agreement mav include the fullowing: -4- F:'--\PPS-CMTUKWILA\OniiIuD:c.\Nuisant:: Cc-~ood'.MEA1fjl~'fJ6/ 1. The name and address of the person resuonsible for the violation: 2. The street address or other description sufficient for identification of the building. structure. urenllses. or land upon or within which the violation has occurred or is occurring: 3. A descriution of the violation and a reference to the regulation which has been violated: 4. The necessary c{)rrective action to be taken. and a date or time bv which correction must be completed: 5. An agreement by the person responsible for the violation that the City may insuect the premises as may be necessary to determine compliance with the voluntary correction and limited right of entry agreement: and 6. An agreement bv the person re,,"Uonsible for the violation that the City may abate the violation and recover its costs and expenses as described in TMC 8.45.105 and/or a monetary penalty pursuant to this Chapter rrom the person responsible for the violation if the terms of the voluntary correction and limited right of entry agreement are not satisfied. (Ord. _8 _(part), 2006) 8.45.050 Investigation. Civil Infraction-Citations, and Notices of Violation A. A UTHORlTY' Upon presentation of proper credentials, the Code Enforcement Officer may, with the consent of the owner or occupier of a building or premises, enter at reasonable times any building or premises in order to perfonn the duties imposed by this chapter. B. INVESTIGATION. The Code Enforcement Officer shaJl mav investigate any structure or use which he or she reasonably belieyes does not comply with the applicable standards and requirements of the Tuk\vila Municipal Code. C. CIVIL INFRACFION CITATION If after investigation, or after the complaint of residents or others, the Code Enfurcement Officer has probable cause to believe that the applicable standards or requirements of the Tukwila Municipal Code have been violated, the Code Enforcement Officer may issue a civil infraction citation in accordance ,vith Chapter ~ 7.80 RCW, which is incorporated herein by this reference, upon the owner, tenant, occupier, manager, agent, or other person responsible for the condition. -5- FMJlilSI.cIV\11JKWlLA~'u~C~'}.-lli;W14iC5f D. NOTICE OF VIOLATION: Alternatively, after investigation, or based upon the complaint of residents or others, the Code Enforcement Officer may serve a Notice of Violation upon the owner, tenant, occupier, manager, agent, or other person r&"ponsible for the condition. The Notice of Violation shall contain the following information: 1. A statement of each standard, code provision or requirement violated; 2. What corrective action, if any, is necessary to comply with the standards, code provision or requirement; ooe, , 3. A reasonable time fQr compliance; and 4 An explanation of the appeal process and the specific information required to file an appeal. E. SERVICE OF A NOTICE OF VIOLATION' A Notice of Violation shall be served on the owner, tenant, occupier, manager, agent, or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If; after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the Code Enforcement Officer makes an affidavit to that effect, then service of the notice upon such person(s) may be made by' 1. Publishing the notice once each week for two consecutive weeks in the City's official newspaper; and 2. Mailing a copy of the notice to each person named on the Notice of Violation by first class mail to the last known address if known or, if unknown, to the address of the property involved in the proceedings. F POSTING: A copy of the notice shall be posted at a conspiCllous place on the property, unless posting the notice is not physically possible. G. AMENDMENT A Notice of Violation may be amended at any time in order to: 1. Correct clerical errors; or 2. Cite additional authority for a stated violation. (Ord. 183892(part), 1998) -6- F:\AFPSl.Cl'...'TUK\\'ll..A\O~\Ntlknr.ce Cod~'},1E.Wl.t*, 8.45.060 Time in Which to Comply A. CIVIL INFRACTION CITATIONS: Civilinftaction citations wMl may be issued by the City's Code Enforcement Officer and shall be processed in accordance with Chauter ~ 7.80 RCW. which is incorporated herein by reference. The Tukwila Municipal Court shall have jurisdiction over all civilinftaction citations issued under this Chapter. B. DETERIvmlATION OF TIME FOR COlviPLlANCE WITH NOTICES OF VIOLATION: Persons receiving a Notice of Violation shall rectify the code violations identified within the time period specified by the Code Enforcement Officer pursuant to TMC 8.45.050C. C. ORDER BECOlv!ES FINAL UNLESS APPEALED' Unless an appeal is filed with the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with TMC 8.45.090(A), the Notice of Violation shall become the final Hilmini.u:ative order of the Code Enforcement Officer. A copy of the notice may be filed and recorded ,vith the King County Recorder. (Ord. 1838 s2(part), 1998) 8.45.070 Stop Work Orders Whenever a continuing violation of this Code ,vill materially impair the Code Enforcement Officer's ability to secure c9mpliance with this Code, or when the continuing violation threatens the health or safety of the public, the Code Enforcement Officer may issue a Stop Work Order specifying the violation and prohibiting any work or other activity at the site. Any violation of a Stop Work Order is hereby declared to be a nuisance, and the Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available. The costs for the injunction or abatement shall be recovered by the City rrom the owner, tenant occupant, manager, agent, or other responsible person in the manner provided by law (Ord. 1838 s2(part), 1998) 8.45.080 Emergency Orders Whenever any use or activity in violation of the Tu.1c\vila Municipal Code threatens the health and safety of the occupants of the premises or any member of the public, the Code Enforcement Officer may issue an Emergency Order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The Emergency Order sball specify the time for compliance and shall be posted in a conspicuous place on the prop6rty, if posting is physically possible. Any condition described in the -7- F:\AF;'IS'I:I\I'~TUiCWlLA'D~'Nuis=:nce Ccde.d-Xt'MEOOl.:IJ-W Emergency Order which is not corrected \vithin the time specified is hereby declared to be a public nuisance and the Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available. :flw All cost of such abatement shall be recovered ITom the owner, tenant, occupant, manager, agent, or other person re:,"]Jonsible in the manner provided bylaw (Ord. 1838 f2(part). 1998) 8.45.090 Appeal to Hearing Examiner A. The person incurring the penalty described in a Notice of Violation issued by the Code Enforcement Officer pursuant to TWIC 8.45.050C may obtain an appeal of the Notice by requesting such appeal within ten calendar days after receiving or otherwise being served with the Notice pursuant to TWIC 8.45.050. When the last day of the period so compute~ is a Saturday, Sunday or federal or City holiday, the period shall run unti14:30PM on the next business day The request shall be in writing, and upon receipt of the appeal request, the Code Enforcement Office shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and/or the person(s) named on the Notice of Violation under the procedures descn'bed :in '!MC 8.45.050D or as may be othenvise requested by the appealing party B. At or after the appeal hearing, the Hearing Examiner may' 1. Sustain the Notice of Violation; 2. Withdraw the Notice of Violation; 3. Continue the review to a date certain for receipt of additional infolIllation; or 4. Modify the Notice of Violation, which may inc1ude an extension of the compliance date. C. The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review and sball cause the same to be sent to the person(s) named on the Notie<: of Violation under the same procedures descn'bed in TMC 8.45.050D or as otherwise directed by the appealing party. D. The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, approved:in Chapter ~ 36.70C RCW (Land Use Petition Act). within 21 days of the isswmce of the Hearing Examiner's decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant. -8- F:\o\FP5'..c[VUUKWn....\~\Ncism:e Code.dm~iMEOOI4.iJfl (Ord. ]83892(part), ]998) 8.45.100 Penalties A. VIOLATIONS OF TIlE TUKWILA lvfllJllICIP AL CODE. 1. Civil Inftaction: Citfllil3ill Any person violating or failing to comply \vith the provisions of the Tukwila Municipal Code, may be issued a civil in:fi:action d:a!imJ. pursuant to TMC 8.45.050(B). Each civil in:fi:action shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation; and . 2. Notice of Violation: a. Any person violating or failing to comply with the provisions of the Tukwila Municipal Code, may, in the alternative, be issued a Notice of Violation which shall carry with it a cumulative monetary penalty of $500.00 per day for each violation from the date set for compliance until compliance "rith the Notice of Violation or order is achieved; b. In addition to any penalty which may be imposed by the City, any person violating or failing to comply with any of the provisions of the Tukwila Municipal Code sball be liable for all damage to public or private property arising from sucb violation, including the cost of restoring the affected area to its condition prior to the violation; c. The penalty imposed by this section under a Notice of Violation may be collected by civil action brought in the name of the City The Code Enforcement Officer may notify the City Attorney of the name of any person subject to the penalty, and the City Attorney may, with the assistance of the Code Enforcement Officer, take appropriate action to collect the penalty. including but not limited attachment of a lien to the proPerty: and d. The Code Enforcement Officer sball have the discretion to impose penalties in an amount lower -9- F:\AFP5\ClV\1lJ:(Wf[A~'.N~ COOi:.dod?-.tF.1Jf114,:"iJ&' than those set forth aboye. B. ADDITIONAL REIJEF The Code Enforcement Officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the Tu.1c.viIa Municipal Code. The remedies provided in this chapter are cumulative and shall be in addition to any other remedy provided by law C. 8UBDIVISION VIOLATIONS: Any person, firm, corporation, or association or any agent of any person, :firm, corporation, or association who violates any provision of RCW 58.17 or Tukwila Municipal Code Title 17, Subdivisions, relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor; and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of RCW 58.17 or Tokwila Municipal Code Title 17, Subdivisions, shall be deemed a separate and distinct offense. D. CONTINUED DUTY TO CORRECT. Payment of a monetary penalty pursuant to this Chapter does not relieve .the person to whom the Infiaction or Notice of Violation was issued of the duty to correct the violation. (Ora. ]838 &2(part), ]998) 8.45.105 Abatement by the City A. ABATEMENT. The City mav abate nuisance or code violations when: 1. The tenns of the voluntary correction and limited right of entry agreement have not been met: or 2. A Notice of Violation has been issued and the required correction has not been completed bv the date specified in the Notice of Violation: 3. A written decision issued bv the City's Hearing Examiner has not been complied with bv the date specified in the written decision: or 3. The nniBances or code violations are subiect to summary abatement as provided for in subsection (13) of this section. B. SU1vfMARY ABATEMENT. Whenever anv nuisance or code violation causes a condition. the continued existence of which constitutes an immediate threat to the public health. safety or welfare or to the environment the City mav summarily and without prior notice abate the condition. Notice of such abatement including the reason for it shall be given to the person rc,,'1Jonsible for the violation as soon -10 - F:"'APi'5"iCIV\nJKWIL..\'Drdi~'\."I'~ Ccde.6dMEWl.:t<TI5l as reasonably lJossible after the abatement No right of action shall lie against the City or its agents. officers. or employees for actions reasonably taken to prevent or ClITe any such immediate threats. but neither shall the City be entitled to recover any costs incurred for summary abatement. prior to the time that actual notice of same is provided to the owner. occupier. tenant. manager. agent or other person resPonSJ'ble for the condition ofland and buildings. C. AUlliORlZED ACTION BY THE CITY. Using any lavrful me-ans. the City may enter upon the subject proPerty and mav remove or correct the condition which is subject to abatement. Prior to or during such abatement. the City may seek such judicial lJrocess as it deems necessary to effect the removal or correction of such condition. including but not limited to obtaining an iniunction or warrant of abatement D. INTERFERENCE. Any person who knowim!ly obstructs. impedes. or interferes with the City or its agents. or with the person resPonsible for the violation in the performance of dnties imposed by this Chapter. shall be guilty of a misdemeanor lJunishable by imprisonment not exceeding 90 dayS and a fine not exceeding S1.000.00. E. RECOVERY OF COSTS AND EXPENSES. All costs incurred by the City during abatement of nuisance or code violations shall be billed to the owner. oCCUDier. tenant. mana!!er. agent. or other person responsible for the condition of land and buildin!!S. Such costs may include. but are not limited to. the following legal and abatement expenses: 1. For DUrPOSes of this Chapter. "legal exPenses" shall include but are not limited to the following: a. Personnel costs. both direct and indirect. including attorney's fees and all costs incurred by the City Attorney's office or its designee taken to abate nuisances and code violations: b. Actual and incidental expenses and costs incurred by the City in preparing notices. contracts. court lJleadings. and all other necessary documents reauired to abate nuisances and code violations: and c. All costs associated with retention imd use of expert witness or consultants during the course of abatement 2. For purposes of this Chapter. "abatement expenses" shall include bITt are not limited to the following: -11- F:\APPS'.cIV\11JKWJI.A\Onf~Th~ Ccd.t..dc..;/ME..-'J5tl4;'DS! a. Costs incurred by the City for ureparation of notices. contracts. and related documents necessary to abate nuisance or code violations: b. All costs associated with inspection of the property and monitoring of said property consistent with orders of compliance issued by the City's Hearing Examiller or a Court of competent iurisdiction: c. All costs incurred bv the City for hauling. storage. disposal or removal of: yegetation. trash. debris. dangerous structures or structures unfit for human habitation Durnuant to the International Building Code and/or International Property Maintenance Code. potential vermin habitat or fire hazards. iunk vehicles. obstructions to the public right-of-wav. and setback obstructions: do All costs incurred bv 1aw enforcement or re1ated enforcement agencies necessary to assist the City during abatement of nuisance or code vi01ations: and e. All relocation/assistance costs pursuant to Chapter 8.46 of the TukwilaMunicipal Code. F. INTEREST. All costs incurred bv the City during abatement of nuisance and code violations shall include interest in amount as prescribed by law. Interest shall start to accrue on the 30th dav fi:om mmling of the invoice purnIant to subsection E above. G. LIEN-AUTHORIZED. The City shall have a lien for anv monetary penalty imoosed. the cost of anv abatement proceedingS under this chapter. and all other related costs including attornev and expert witness fe<:s. against the real property on which the monetary penalty was imposed or anv of the work of abatement was perfonned. (Ord. 9 _(part), 2006) 8.45.110 Additional Enforcement Mechanism In addition to, and in combination with, the enforcement methods set forth in TMC Chapter 8.45 and elsewhere in the Tnk\vila Municipal Code, violations of the Tukwila Municipal Code may be enforced under the provisions set forth in TMC 8.45.110 through 8.45220. -12- F:\APPS\Cl\'\TUKW1L\\OrcJ.in:mcc\N~ C'tJ~'},.ffi'U5,114'W' (Ord. 206781(part), 2004) 8.45.120 RCW Chapter 35.80 Adopted RCW Chapter 35.80, Unfit Dwellings, Buildings, and Structures, as it currently exists or is hereinafter amended, is hereby adopted. (Ord. 206781(part), 2004) 8.45.130 Improvement Officer and AppeaIs Commission Designated The Code Enforcement Officer, and the Code Enforcement Officer's designee, is designated as the City's "Improvement Officer," and shall have the full scope of authority granted to that official under RCW Chapter 35.80. The City ofTul.'Wila Hearing Examiner is designated as the City's "Appeals Commission," and sball have the full scope of authority granted to that commission under RCW Chapter 35.80. (Ord. 206781(part), 2004) 8.45.140 Improvement Officer Authority - Issuance of Complaint If, after a prelimimrry investigation of any dwelling, building, otructure or premises, the Improvement Officer finds that it is 1lllfit for human habitation or other use, the Improvement Officer may issue a complaint conforming to the provisions ofRCW 35.80.030, stating in what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the Improvement Officer shall be guided by the Tubvila Municipal Code and such other codes adopted pursuant to the Tukwila Municipal Code as the Improvement Officer deems applicable, in particular the most recent edition of the International Property Maintenance Code. (Ord. 206781 (part), 2004) 8.45.150 Service of Complaint A complaint issued under TMC Chapter 8.45 shall be served on the parties and posted on the subject property pursuant to RCW 35.80.030, and shall also be:filed with the King County Auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purposes of service, such complaints or other documents are deemed effective on the day of posting. (Ord. 206781(part), 2004) -13 - F:\APPS\CMTUK.Wu...\~'\Nuinr.ce~d-:dMEi!&I4.00 8.45.160 Complaint Hearing Not less than ten days nor more than 30 day:; after serving a complaint, the Improvement Officer shall hold a hearing conforming to the provisions of RCW 35.80.030, at which all parties in interest shall be given the right to appear in person, to bring vritnesses, and to give testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to the complaint. The Improvement Officer shall adopt procedural rules governing the procedure of such hearing, which shall be available for public inspection at the Tukwila Department of Co=unity Development. (Ord. 206791(part), 2004) 8.45.170 Determination, Findings of Fact, and Order Within ten day:; of the complaint hearing, the Improvement Officer shall issue a Determination, Findings of Fact, and Order stating the Improvement Officer's determination as to whether the subject dwelling, building, structure or premises is unfit for human habitation or other use, the findings of fact supporting the determination, and an order specifying the actions necessary to address any unfitness and a deadline for completing the actions. The Determination, Findings of Fact, and Order shall be served and posted as set forth in TMC 8.45.150, and if no appeal is filed ,vithin the deadline specified in TMC 8.45.180, a copy of the Determination, Findings of Fact, and Order shall be filed ,vith the King County Auditor. (Ord. 206791(part), 2004) 8.45.180 Appeal to Appeals Commission Within 30 days of service of a Detennination, Findings of Fact, and Order, any party may file an appeal to the Appeals Commission. Such an appeal shall be governed by the City of Tuk\vila Hearing Examiner's procedural rules, except that the Appeals Commission shall conduct a hearing on the appeal and issue a ruling ,vithin 60 days from the date the appeal is filed; and if the Appeals Commission issues any oral :findings of fact, the rnling sball contain a transcript of such findings in addition to any findings issued at the time of the ruling. The ruling shall be served and posted as set forth in TMC 8.45.150, and ifno appeal is filed \vithin the deadline specified in ThlC 8.45.190, a copy of the ruling shall be filed with the King County Auditor. (Orc!. 206791 (part), 2004) 8.45.190 Appeal to Superior Court -14- F:\APP5'.cMTIJKWJLA\oroir.zJ:.-~\l.'u~ Cc&~~'MEF06114;U& Any person affected by a Determination, Findings of Fact, and Order issued by the Improvement Officer, who has brought an appeal before the Appeals Commission pursuant to TMC 8.45.180 may, 'within 30 days after the Appeals Commission's ruling has been served and posted pursuant to TMC 8.45.150, petition the King County Superior Court for an injIDlction restraining the lmproyement Officer rrom carrying out the provisions of the Determination, Findings of Fact, and Order. In all such proceedings, the Court is authorized to affirm, reverse or modify the order, and such trial shall be heard de novo. (Ord. 2067 ffl(part), 2004) 8.45.200 RemediationIPenalties If a party, following exhausti.on of the party's rights to appeal, fails to comply with the Determination, Findings of Fact, and Order, the Officer may direct or cause the subject dwelling, building, structure or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished pursuant to RCW Chapter 35.80. (Ord. 2067 ffl(part), 2004) 8.45.210 Tax Lien The cost of any action taken by the Improyement Officer under TMC 8.45.200 shall be assessed against the subject property pursuant to RCW Chapter 35.80. Upon certification by the City of Tukwila Finance Director that the assessment amount is due and owing, the King Co~ty Treasurer shall enter the amount of such assessment upon the tax roils against the subject property pursuant to the provisions ofRCW 35.80.030. (Ord. 2067 ffl(part), 2004) 8.45.220 Salvage Materials rrom any dwelling, building, structure, or premises remoyed or demolished by the Improvement Officer shall, ifpossible, be salvaged and sold as if the materials were surplus property of the City of Tukwila, and the funds receiyed ITom the sale shall be credited against the cost of the remoyal or demolition; and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Improvement Officer, after deducting the costs incident thereto. COrd. 2067 ff 1 (part), 2004) Section 2. Severability Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or - IS - FMPPS\.C[v\11JK\VIU'D~\.,,{ciru-..cc Cod:.dodMEiUf.l14.lQi5I otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF , 2006, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE TIllS DAY OF ,2006. CITY OF TUKWILA Mayor Steven M. Mullet ATTEST/AUTHENTICATED: Jane Cantu, City Clerk Approved as to form: Shelley Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council. Ordinance No. Date of Publication: -16 - F:'APPS\CIWfUK\VIL\\O~\Nuisa:.-;:c Cc-d=..rl-~..IJ,ffi.UtiIl4fiJ5J Tentative Agenda Schedule MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR c.o.w. June 5 12 19 26 Special Issues: See agenda packet - Proposed coyer sheet for this amendments to week's agenda standardize Gune 19, 2006 language in certain Regular meeting). sections of Fire Department ordinances. - Council technology (devices) July 3 10 17 24 4'"- Special Presentation: Independence Day Vision 2020 update (City offices closed) (puget ?o!md Regional CO~!}'IITIEE OF THE OJZlncil) WHOLE NIEETlKG TO BE 31"- Special Issues: FOllOWED BY A SPECIAL Fifth Monday of the City communication MEETlXG month-no Council to citizens meeting scheduled August 7 14 21 28 Upcoming Meetings & Events JUNE & JULY 2006 ! 19th U'oIonday) I 20th (Tuesdav) I I 21st (Wednesday) I 220d (Thursday) I 23rd (Fridav) 24th (Saturday) ,. Fi}1~,",G_ .& )> U!i!::::'JCSa~2. ,. Crime Hot SpOiS I,. PI"".nino I ! ~::::yC3:l:!, -- Task Force ~Hg., I Commi~iD!1, ~ C.-\.."CEllED 10:00 A!.f fCR #:15) 7:00 P~f I CA,....CEUED I (Cour.cil ChalTlber.:."") , >- Executive FAR..'\fERS ~1ARKET I I Comer of 1 44th St. ar.d I Session, Tukwila In{ 'I. Bl~'d- I 6:30 P~.S EHI')" Wednesday (Cmmcll Chambers) (now through Sept. 27) 3:00 to 7:00 P:\I :>>> City Council ~ I Regular Mtg., 7:00 PM (Co!Jrn:il I Chambers) io.........ci.fuk...fu.W3.CY I F~lifat'IDer'SIIl.Ukft.b.lm I ,. P-ar1<S Commission, I 5:30PM (Communify Q-nfer) I I ,. Lib;Sry AdVi5<>IY I I Board. 7:00 P.\{ I ! (Fos{e? Library) I I i 26th r.'tlondav) I 27th iTuesdav\ 28th .(Wednesday) I 29th rIbursdav) I 30thlFridaVl !lsi:fSaturdav) I ,. T ransp.crrtation I y C{)mmunity FAR.'lERS ~IARKET I ,. Tlt\c\\ib. I i Highway 99 Cmte, Affairs & Par'hS Comer of 144th St. art!!, Loo~g Tax I I Trash Pickup I 5:00 PM Cmte, TuJ:v;ila lnr'l. Bl...d. t AdvL-.Qry I Day (CR #/) 5:00 P~{ E...ery Wednesda)' I Committee, 9:00 ~ 10:00 .-\...\f I (CR #3) (now through Sept 27) 12:00 Noo:-> I FDr location call "j>- City Council 3:00 to 7:00 P">f, (Best Western , DOllJ1.Clat PJ>"1i!r sEdge. , Committee of I:'~ I 206-242-5556 -"'----- /5901 Waf iheWhole "'".... ,. U:1.~_-~ Yal/;;y H.,.,y.) I ! Mtg., ~t"L:~~-- , I ~~~ , 7:00 p~~ I I (Cauncil i Cr.ambers) (RE...."CHEDtLED ,. COPCAB. FRO~f JL~"E24TH.) 6:30PM (CR #5) ~Court I I I , Arts Commission: 1st Tues., 5:0-0 P1i, TtLla~ila Community Cel1t~. CorJa~1 Kimb6rly '.faJej at 206-767-2342_ ,. Chamber of Commerce's Tllk\'l-ila Go..-ernment 2nd Community Affairs Committee: 1st Tue~., 12:00 ~oon, Chamber Offices. CorJacl Nar.cy D(17TIon al 206-575-]633, rCbipper Days, sp<lnsored b)' tbe Wasb. State DepL of Agriculture: 3rd Sgt, IO:OOA.\f to J:OO P.\{, Foster HS main pllking lot Dispose of pnmings and plant materials from the longhomed ba:tle quarantin~ area. Drive your trUckload of materials to the lot end help \..ill be pro\ided to unload. chip, and dispose of materials free of charge. Be sure to bring ID v.ith qtlM'afitine area addr?55. ,. City Council Committee o!Wbole (C.O.W.) Meeting: 2nd & 4th ~ion., 7:00 P~f, Council Chambers :at City Hall. , Cit). Conncil ReguIar Meeting: 1st & 3rd MOD., 1:00 PM, Cour:cil Chambers at City HalJ. ,Ci\'il Senice Commission: 211d MOI1-, 5:00 P\.1, Com_ Room -?;-3. CorJilCI B-w Willison aI206-433-184.t )0 Commllnit). Affairs & Parks Committee: 2nd & 4th Tues.. 5:00 P.\{, Conf Room #3. ,. COPCAB (Community Oriented Policing Citizens Ad.... Board): ..Hn Wed.. 6:30 P!.\, Com. Rro #5. Harju 1,f107l2)' (206-.B3.7175j. ,. Crime Hot Spots Task Force,: 3rd Wed, 10:00 A..\f, Cont: Room #5. CorJact I,farja I,funa:; al 206-433.7175. ,. Domestic Violence Task Force: 3rd rnurs.. 12:00 Noon, Conf. Room #5. COrdG:::I E'iie BQJ.~ ar S!GC'.I Har.sen at 106-433.7180. , Equfiy & Dh'ersit)' Commission: 1st Thurs., 5:00 P~i, Showalter Middle School Library. )0 Finance & Safet)' Committee: 1st & 3rd Mon... 5:00 P~f. COnL Room #3. 6//9;06 meEting J..:IS bEen cWb!lled :>Higbway 99 Action Committee: 2nd Tues., 7:00 PM, Tu.'u..ila Commtmity Center. CorJact ChiefDtJ....e Haj7:e.s a/206--H3-/812. ,Human Senices Ad..,isory Brd: 2nd Fri. of e\"eD months. 10:00 A.\f, Human SeI\ice-s Office. CanlilCl E....ie BCiyktm at 206-433-7180. , Hnman Sen.ices PrO\iders: Quarterly, 11;30 .-\...\f., TCC (2036 - 3i11. 6!16, 9115, and 1218). Contact Stacy Hansen at 206---J33-7/81. , Library Advisory Board: 3rd Wed, 7:00 P.\t, Foster Litre!)'. Contacf Bruce Fletcher aJ 206...167.23./3. ,.. Lodging Tax Advisory Committee: E\"ery other month (or as schoouJed), 12:00 Noo~. Contact Kmr.erir.e Ke7L7f1Jan 01 206-575-2-189. ,.. Parks Commission: 3rd Wed, 5:30 PM, S~nior Game. Room at Community Center. Conta;f Kimberly \fa.re} at 206-767-2342. ,. Planning Commis.siun/Board of Arcbittttur-a' Re...iew: 4th Thurs., excep12nd Tmmday in No\'. & Dec., 7:00 P~,1, Council Chambers at City Hall. Contact Wy-netta Bi.,.er.saf 206-131-3670. ~ Sister City Committee: 1st Wed., 5;30 PM. Conf. Room ~3. Con/act Bf?'i WillfsDn at 206-433-1844. ~ Transportation Committee: 2nd & 4th Mon., 5:00 PM, Cont-: Room #1_ , Utilities Committee: 1st & 3rd Tue;;., 5:00 P~f, Con[ Room ~I. 6/20106 meeting ~ heel! cara1{ed..