HomeMy WebLinkAboutCOW 2010-01-11 COMPLETE AGENDA PACKETMonday, January 11, 2010, 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL Update on Cascade Land Conservancy Workshop "Taking Action in Tukwila
PRESENTATIONS Skye Schell, Community Engagement Manager.
Update on Library Services; Bill Ptacek, King County Library Services Director.
3. CITIZEN At this time, you are invited to comment on items not included on this agenda
COMMENT (please limit your comments to five minutes per citizen), To comment on an
item listed on this agenda, please save your comments until the issue is presented for
discussion.
4. SPECIAL a. Planning Commission and Board of Architectural Review (BAR) roles and Pg. 1
ISSUES responsibilities.
b. Extension to contract with #09 -121 with KPFF Consulting Engineers for Pg. 21
Tukwila South Permitting.
c. Council housekeeping items. Pg. 27
d. A resolution adopting a legislative agenda for the 2010 legislative session. Pg. 37
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURNMENT
Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers: Joe Duffie Joan Hernandez
Shawn Hunstock, Interim City Administrator Allan Ekberg Verna Seal
Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn
Executive Session 6:00 -7:00 PM (1 HOUR)❖
Legal Issues Pursuant to RCW 42.30.110(1)(i) -To
discuss the legal risks of a proposed action or current practice
that the agency has identified when public discussion of the
litigation or legal risks is likely to result in an adverse legal or
financial consequence to the agency.
Pending Litigation Pursuant to RCW 42.30.110(1)(i)
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us. and
in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
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meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of
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1.
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HOW TO TESTIFY
COUNCIL MEETINGS
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during Citizen Comment. Please limit your comments to five minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same
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PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action of matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of
the Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the spea
the question, but may not engage in further debate at this time.
6. After the Public Hearing is closed, the Council may discuss the issue among themselves without
further public testimony. Council action may be taken at this time or postponed to another date.
each. No one may speak a second
ker. Each speaker can respond to
CAS NUMBER: 10-001
Fund Source:
Comments:
1 MTG. DATE
01/11/10
EXPENDITURE REQUIRED
MTG. DATE
01/11/10
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by Mayor's review Council review
01/11/10 SK 1 1 (ati. K
01/19/10 SK
ITEM INFORMATION
1 ORIGINAL AGENDA DATE: JANUARY 11, 2010
ITEM No.
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a
AGENDA ITEM TITLE Ordinances Separating the Planning Commission and Board of Architectural Review
CATEGORY Discussion Motion Resolution Ordinances Bid Award Public Hearing Other
Mtg Date 01 /11 /10 Mtg Date Mtg Date Mtg Date 01/19/10 Mtg Date Mtg Date 01/19/10 Mtg Date
(SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S The 3 ordinances would separate the functions of the Planning Commission and Board of
SUMMARY Architectural Review into different bodies that would focus on either legislative or quasi
judicial actions. This would relieve some of the overload on the current volunteers as well
as allow for more specialization and training.
The Council is being asked to hold a public hearing and consider the ordinances creating a
separate Board of Architectural Review.
RIi1'IEWI:D BY COW Mtg. CA &P Cmte F &S Cmte
Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 12/14/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor
COMMITTEE Forward to Committee of the Whole for Discussion
COST:IMPACT SOURCE
AMOUNT BUDGETED
RECORD :OF COUNCIL ACTION
APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memorandum dated 1/4/10
Memorandum from the Community Affairs and Parks Committee meeting of 12/14/09
Ordinances (3) in Draft Form
Minutes from the Community Affairs and Parks Committee meeting of 12/14/09
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City of Tukwila
TO:
INFORMATIONAL MEMORANDUM
Mayor Haggerton
City Council
FROM: Shelley Kerslake, City Attorney
DATE: January 4, 2010
SUBJECT: Separate Planning Commission and Board of Architectural Review
Jim Haggerton, Mayor
ISSUE
In light of the increased long range planning work load, as well as the significant reduction of
quasi judicial matters being heard by the Planning Commission it seems time to re- examine the
role and composition of the Planning Commission (PC) and Board of Architectural Review
(BAR).
BACKGROUND
The Community Affairs and Parks Committee reviewed this issue on December 14, 2009 and
sent it to the Community of the Whole for further discussion (see attached memo and minutes).
While the members were supportive of the concept of creating separate bodies for review of
legislative and quasi-judicial matters, there was not consensus about whether the Planning
Commission should remain at 7 members or be reduced to 5 and whether non residents should
be permitted to serve on the Planning Commission.
DISCUSSION
The original proposal was to create two five member bodies to replace the current seven
member combined PC /BAR. Due to Commissioner Ekberg's vacated seat, this would create
four openings. If the PC were kept at seven members and the new BAR at five this would
require six new volunteers. Staff is actively spreading the word about the possible openings
and hopefully there will be an adequate pool of qualified volunteers to fill either four or six
positions.
There has been a business community representative on the PC since 1997, and that position
has been held by the same volunteer. Whether to continue this opportunity for the business
community or return to an all- resident Commission is a policy decision for the Council.
RECOMMENDATION
The goals for this reorganization (create bodies to focus on either legislative or quasi judicial
actions, relieve some of the overload on the current volunteers as well as allow for more
specialization and training) would still be met regardless of Council decisions on the above
issues. Based on the outcome of these discussions, staff will revise the draft ordinances and
asks the Council to send them to the January 19, 2010 Regular Meeting for a public hearing and
review and approval.
ATTACHMENTS
Memorandum from the Community Affairs and Parks Committee meeting of 12/14/09
Draft Ordinances
Minutes from the Community Affairs and Parks Committee meeting of 12/14/09
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TO:
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Shelley Kerslake, City Attorney
DATE: December 9, 2009
SUBJECT: Separate Planning Commission and Board of Architectural Review
Jim Haggerton, Mayor
In light of the increased long range planning work load, as well as the significant reduction of
quasi judicial matters being heard by the Planning Commission it may be time to reexamine the
role and composition of the Planning Commission and Board of Architectural Review.
Currently the City's Planning Commission (PC) and Board of Architectural Review (BAR) are
composed of the same group of seven volunteers. They meet as the BAR to hear design
review applications and until the recent set of code amendments as the PC to hear a variety of
quasi judicial permits such as conditional uses and special permission code exceptions. Due to
liability concerns raised by our insurance carrier all except three of the quasi judicial PC
decisions were shifted to the Hearing Examiner or DCD Director.
The PC also makes recommendations on legislative items such as Zoning Code amendments,
Comprehensive Plan Amendments, sub -area plans (such as the Southcenter Plan) and other
land use regulations sent to them by the City Council. DCD has an intensive work plan for the
next few years that will require continuous PC involvement.
The combination of legislative and quasi judicial actions currently heard by the PC and BAR can
lead to confusion about proper procedures and legal requirements. As you know, the quasi
judicial role is very different from the policy making role and requires a different approach.
Although we have conducted training sessions for the PC members their dual roles can be
confusing. This confusion has the potential to lead to expensive appeals. Therefore it seems
appropriate to reexamine the role and composition of the PC.
While combining the legislative and quasi judicial functions of this volunteer board was
appropriate when Tukwila was smaller and had fewer items under review the legislative
workload has grown to often require multiple meetings per month. The backlog of long range
items such as the Southcenter Plan, Sign Code Update, and Tree Ordinance as well as the
upcoming Comprehensive Plan update would be more efficiently handled by a dedicated long
range planning body. Due to the current slowdown in permit volumes the legislative work load
has not created delays for design review applicants, however when we return to historical
development activity levels it will be very difficult to process both types of actions in a timely
manner.
INFORMATIONAL MEMO
Page 2
In addition to a long -range planning body, a separate BAR could be created. The BAR would
have dedicated seats for local design professionals and developers as well as residents, to
ensure that a broad range of viewpoints and experience is brought to the decision making
process. Additional training in both design and quasi judicial procedures could be provided to
this newly constituted group to ensure that decisions are clearly linked to the review criteria and
are defensible if appealed.
RECOMMENDATION
Staff recommends that the functions of the PC and BAR be separated into different bodies that
would focus on either legislative or quasi judicial actions. This would relieve some of the
overload on the current volunteers as well as allow for more specialization and training. The
current members of the PC /BAR would move to one of the new bodies to continue their terms.
The remaining seats would be filled through the normal appointment process.
Under this scenario the PC would:
Serve as the review body for Zoning, Subdivision and Sign Code changes;
Serve as the review body for the Comprehensive Plan and sub -area plans;
Be comprised of five members, each serving a four -year term, and
Meet 1 -4 times per month, depending on workload.
Three members of the PC would be at -large Tukwila residents, a fourth member would be a
business community representative, and the fifth member would be a resident or business
community representative with education or professional experience in city planning,
transportation planning, transportation engineering, or environmental engineering
As a separate body the BAR would:
Serve as the review body for decisions on design review applications and administrative
design review appeals;
Be comprised of five members each serving a four -year term; and
Meet 1 -2 times per month depending on permit volume.
Three members of the BAR would be at -large Tukwila residents, and two members would be
residents or business community representatives with education or professional experience in
architecture, urban design, landscape architecture or land development.
To make changes to the City's current PC system will require changes to the Tukwila Municipal
Code as well as revised rules of procedure for the two bodies, see attached draft language.
The Council is being asked to consider this item at the January 11, 2010 Committee of the
Whole meeting and subsequent January 19, 2009 Regular Meeting.
ATTACHMENTS
Draft Ordinances (3)
2010 DCD Work Plan
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING THE
BOARD OF ARCHITECTURAL REVIEW, PRESCRIBING ITS DUTIES AND
AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City's Board of Architectural Review reviews and approves the
design of new development or substantial changes in existing development; and
WHEREAS, the goal of the Board of Architectural Review is to provide review by
public officials of land development and building design in order to promote the public
health, safety and welfare; and
WHEREAS, the number and complexity of issues brought to Tukwila's combined
Board of Architectural Review and Planning Commission has risen significantly over
the years since it was first established; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would allow it to focus on only quasi judicial actions; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would prevent project review times from being affected by the volume of
long -range planning efforts, therefore promoting quality customer service; and
WHEREAS, on January 19, 2010, following adequate public notice, the Tukwila City
Council held a public hearing to receive testimony concerning the establishment of the
Board of Architectural Review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Created. Pursuant to the authority conferred by Chapter 35A.63.110 RCW
there is created a City Board of Architectural Review (BAR), consisting of five members
who shall be appointed by the Mayor and confirmed by the City Council.
Section 2. Membership. A minimum of three Board of Architectural Review
members shall reside within the limits of the City of Tukwila on the day of that
member's appointment to said position. Members shall be selected from a cross section
of the community representing different trades, occupations, activities and geographical
areas to provide a balanced community spirit. Two Board of Architectural Review
members may be residents or business community members with education or
professional experience in architecture, urban design, landscape architecture or land
development. All members shall be of voting age and shall have lived or worked, if a
non resident member, in the City for at least one year.
Section 3. Powers and Duties. The Board of Architectural Review shall review
quasi judicial applications as listed in Tukwila Municipal Code Section 18.104.10. They
shall have such other powers and duties as enumerated by ordinance and codified in
the Tukwila Municipal Code.
Page 1 of 2
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Section 4. Terms of Office.
A. Members shall be appointed to staggered four -year terms that shall expire at
midnight on the date of the completion of the respective terms. When a vacancy occurs,
appointment for that position shall be for four years or the remainder of the unexpired
term, whichever is shorter. Any member may have their term of office extended for a
period of time not to exceed six months to complete a special project, when such
extension is nominated by the Mayor and approved by the City Council.
B. Members who become non residents during their term of office shall remain on
the Board no more than 90 days unless granted a special project extension by the Mayor
and the City Council.
C. If a member who represents the business community is no longer employed
within the City or his or her business relocates out of the City, that member shall remain
on the Board no more than 90 days unless granted a special project extension by the
Mayor and the City Council.
Section 5. Vacancies, Removal and Selection.
A. Vacancy occurring otherwise than through the expiration of term shall be filled
for the unexpired term.
B. Members may be removed after public hearing by the Mayor with the approval
of the City Council for inefficiency, neglect of duty or malfeasance in office. Notice of
the charge and pendency of the hearing with respect to the removal of a member of the
Board of Architectural Review shall be given by mail addressed to the residence of the
accused member at least five days before the date of such hearing.
C. Members shall be selected without respect to political affiliations and they shall
serve without compensation; provided, however, they may be reimbursed for expenses
necessarily incurred in performing their official duties.
Section 6. Organization. The Board of Architectural Review shall adopt rules of
procedure that are consistent with state laws.
Section 7. 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 8. 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 2010.
ATTEST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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F 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT
TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," DESIGNATING THE
BOARD OF ARCHI1ICTURAL REVIEW AS THE DECISION MAKING BODY FOR
CERTAIN TYPES OF PERMITS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and
procedures and the City has received recommendations from Washington Cities Insurance
Authority (WCIA) for amendments regarding decision makers and appeal bodies and the City
wishes to update its permit types and procedures based on WCIA's recommendations; and
WHEREAS, due to the significant number of projects and complex issues that have come
before the City, the City has determined that separating the Board of Architectural Review from
the Planning Commission would allow the Board of Architectural Review to focus on only
quasi judicial actions; and
WHEREAS, the Zoning Code of the City of Tukwila establishes procedures for design
review and the City wishes to update the language to reflect its creation of a Board of
Architectural Review separate from the Planning Commission; and
WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the zoning and
subdivision code and adopted a motion recommending the proposed changes; and
WHEREAS, on January 19, 2010, following adequate public notice, the Tukwila City
Council held a public hearing to receive testimony concerning the recommendations of the
Board of Architectural Review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section
18.60.020, is amended to read as follows:
18.60.020 Membership
The Board of Architectural Review (BAR) shall consist of members appointed by the
Tukwila City Council, to be codified at Tukwila Municipal Code Chapter 2.37.
Section 2. Ordinances Amended. Ordinance Nos. 2251 §73, 2235 §15, 2118 §1, 2005 §17, 1865
§50 and 1758 §1 (part), as codified at TMC Section 18.60.030, are amended to read as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review (BAR) shall be stated in
their bylaws.
B. The DCD Director will review projects meeting the thresholds for administrative design
review. The BAR will review all other projects requiring design review approval. The BAR and
the DCD Director shall have the authority to approve, approve with conditions, or deny all
plans submitted based on a demonstration of compliance with all of the guidelines of this
chapter, as judged by the preponderance of evidence standard.
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following exceptions:
a. Developments exempted in the various districts;
b. Developments in LI, HI, MIC /L, and MIC /H districts, except when within 300
feet of residential districts or within 200 feet of the Green /Duwamish River or that require a
shoreline permit.
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2. Any exterior repair, reconstruction, cosmetic alterations or improvements if the cost
of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10%
and 25 the changes will be reviewed administratively):
a. for sites whose gross building square footage exceeds 10,000 square feet in MUO,
0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts;
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International
Boulevard corridor (see TMC Figure 18 -9); and
c. for any multi- family structures in MDR and HDR zones.
3. Development applications using the procedures of TMC Section 18.60.060,
"Commercial Redevelopment Areas."
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards
may be waived and conditioned, upon approval of plans by the BAR, in accordance with
criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended.
Landscaping and setback standards may not be waived on commercial property sides adjacent
to residential districts.
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project. Minor
amendments to an approved project may be permitted upon request to the Director where they
do not substantially change the appearance, intensity or impacts of the project. Major
amendments to an approved project will require submittal of a new design review application.
A major amendment is a substantial change to elements of the approved plans, including
substantially revised building design, alteration of circulation patterns or intensification of
development on the site.
Section 3. Ordinances Amended. Ordinance Nos. 2251 §75, 2235 §19, 2135 §19 and 2119 §1,
as codified at TMC Section 18.104.010, are amended 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
1 TYPE OF PERMIT 1 DECISION MAKER
Any land use permit or approval issued As specified by ordinance
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5 decision
by this Chapter
Boundary Line Adjustment, including Lot Community Development Director
Consolidation (TMC Chapter 17.08)
Development Permit 1 Building Official 1
Minor modification to design review Community Development Director
approval (TMC Section 18.60.030)
Minor Modification to PRD Community Development Director
(TMC Section 18.46.130)
Sign Permit, except for those sign permits Community Development Director
specifically requiring approval of the
Planning Commission, or denials of sign
permits that are appealable
1 Tree Permit (TMC Chapter 18.54) 1 Community Development Director
Wireless Communication Facility, Minor Community Development Director
(TMC Chapter 18.58)
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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, Board of Architectural Review, 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 Architectural
(TMC Section 18.60.030) Director Review
Administrative Planned Short Plat Committee Hearing Examiner
Residential Development
(TMC Section 18.46.110)
Binding Site Improvement Short Plat Committee Hearing Examiner
Plan (TMC Chapter 17.16)
Cargo Container Placement Community Development Hearing Examiner
(TMC Section 18.50.060) Director
Code Interpretation Community Development Hearing Examiner
(TMC Section 18.90.010) Director
Exception from Single Family Community Development Hearing Examiner
Design Standard (TMC Section Director
18.50.050)
Modification to Development Community Development Hearing Examiner
Standards (TMC Section Director
18.41.100)
Parking standard for use not Community Development Hearing Examiner
specified (TMC Section Director
18.56.100)
Sensitive Areas Community Development Hearing Examiner
(except Reasonable Use Director
Exception) (TMC Chapter
18.45)
Shoreline Substantial Community Development State Shorelines
Development Permit (TMC Director Hearings Board
Chapter 18.44)
Short Plat (TMC Chapter Short Plat Committee Hearing Examiner
17.12)
Sign Area Increase Community Development Hearing Examiner
(TMC Section 19.32.140) Director
Sign Permit Denial Community Development Hearing Examiner
(TMC Chapter 19.12) Director
Special Permission Parking, Community Development Hearing Examiner
and Modifications to Certain Director
Parking Standards (TMC
Sections 18.56.065 and .070)
Special Permission Sign, Community Development Hearing Examiner
except "unique sign" (various Director
sections of TMC Title 19)
Wireless Communication Community Development Hearing Examiner
Facility, Minor (TMC Chapter Director
18.58)
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,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58.
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Type 3 Decisions
TYPE OF PERMIT
Resolve uncertain zone district boundary
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
TSO Special Permission Use (TMC
Section 18.41.060)
Conditional Use Permit
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45.180)
Variance from Parking Standards over
10% (TMC Section 18.56.140)
Shoreline Conditional Use Permit (TMC
Section 18.44.130 C)
Subdivision Preliminary Plat with no
associated Design Review application
(TMC Section 17.14.020)
Wireless Communication Facility, Major
or Waiver Request (TMC Chapter 18.58)
4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural
Review following an open record hearing. Type 4 decisions may be appealed to the Hearing
Examiner based on the record established by the Board of Architectural Review, except
Shoreline Conditional Use Permits, which are appealable to the State Shorelines Hearings Board
pursuant to RCW 90.58.
Type 4 Decisions
TYPE OF PERMIT
Public Hearing Design Review
(TMC Chapter 18.60)
Subdivision Preliminary Plat
with an associated Design Review
application (TMC Section
17.14.020)
Unique Signs (TMC Section
19.28.010)
Type 5 Decisions
TYPE OF PERMIT
Planned Residential Development (PRD),
including Major Modifications (TMC Chapter
18.46)
Rezone (TMC Chapter 18.84)
Sensitive Area Master Plan Overlay (TMC Section
18.45.160)
Shoreline Environment Re- designation (Shoreline
Master Program)
Subdivision Final Plat (TMC Section 17.12.030)
Unclassified Use (TMC Chapter 18.66)
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DECISION MAKER APPEAL BODY
Hearing Examiner Superior Court
Hearing Examiner Superior Court
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
INITIAL DECISION
MAKER
Board of Architectural
Review
Board of Architectural
Review
Board of Architectural
Review
DECISION
MAKER
City Council
1 City Council
City Council
City Council
1 City Council
1 City Council
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
State Shorelines
Hearings Board
Superior Court
Superior Court
APPEAL BODY
(closed record appeal)
Hearing Examiner
Hearing Examiner
Hearing Examiner
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.
APPEAL
BODY
Superior Court
1 Superior Court
Superior Court
Superior Court
1 Superior Court
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Section 4. 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.
Page 4 of 5
Section 5. 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 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing Ordinances \Board of Architectural Review Title 1S.doc
SK:ksn 01/04/2010
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page5of5
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nin
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REQUIREMENTS FOR THE
PLANNING COMMISSION, SEPARATING THE BOARD OF
ARCHITECTURAL REVIEW FUNCTIONS, AND MODIFYING THE
PLANNING COMMISSION MEMBERSHIP REQUIREMENTS;
REPEALING ORDINANCE NO. 1802; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State of Washington has authorized code cities to create a Planning
Commission; and
WHEREAS, RCW 35A.63.020 provides that a Planning Commission shall serve in an
advisory capacity to the Mayor, City Council or both with regard to the orderly and
coordinated development of land and building uses of the City and its environs, and shall have
such other duties as shall be provided by ordinance; and
WHEREAS, in June 1997, the City Council adopted Ordinance No. 1802 establishing the
Planning Commission membership, duties and authority; and
WHEREAS, the Planning Commission members and Board of Architectural Review (BAR)
are composed of the same group of volunteers; and
WHEREAS, the City wishes to separate the Planning Commission and Board of
Architectural Review into two different bodies; and
WHEREAS, the City's Board of Architectural Review reviews and approves the design of
new development or substantial changes in existing development; and
WHEREAS, the number and complexity of issues brought to Tukwila's combined Board of
Architectural Review and Planning Commission have risen significantly over the years since it
was first established; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would allow the Board of Architectural Review to focus on only quasi judicial
actions; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would prevent project review times from being affected by the volume of long
range planning efforts and therefore promote quality customer service; and
WHEREAS, revisions to Chapter 2.36 of the Tukwila Municipal Code are needed to
eliminate references to the Board of Architectural Review; and
WHEREAS, a new chapter of the Tukwila Municipal Code will be created to include rules
for a Board of Architectural Review separate from the Planning Commission; and
WHEREAS, on January 19, 2010, following adequate public notice, the Tukwila City
Council held a public hearing to receive testimony concerning the establishment of the Board of
Architectural Review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Created. Pursuant to the authority conferred by RCW Chapter 35A.63 of Ch.
119, Laws of 1967, Ex. Sess., as amended by Ch. 81, Laws of 1969 Ex. Sess., there is created a
City Planning Commission, consisting of five members, who shall be appointed by the Mayor
and confirmed by the City Council.
Section 2. Membership. A minimum of three Planning Commission members shall reside
within the corporate limits of the City of Tukwila on the day of that member's appointment to
said position. Members shall be selected from a cross section of the community representing
different trades, occupations, activities and geographical areas to provide a balanced
community spirit. One member of the Planning Commission may be a business owner,
operator or management level employee, or qualified representative, who is not a resident of
W:\ Word Processing Ordinances \Planning Commission Separation.docx
NG:ksn 01/05/2010
Page 1 of 2
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the City. One member may be a resident or business community member with education or
professional experience in city planning, transportation engineering or environmental
processes. All members shall be of voting age and shall have lived or worked, if a non resident
member, in the City for at least one year.
Section 3. Powers and Duties. The Planning Commission shall advise the Mayor and
Council on legislative matters relating to land use, comprehensive planning and zoning. They
shall have such other powers and duties as enumerated by ordinance and codified in the
Tukwila Municipal Code.
Section 4. Terms of Office.
A. Present appointed members of the Planning Commission shall remain in office for the
balance of their current terms. Terms of office will be for a period of four years and shall expire
at midnight on the date of the completion of the respective terms. When a vacancy occurs,
appointment for that position shall be for four years, or the remainder of the unexpired tern,
whichever is shorter. Any member may have their term of office extended for a period of time
not to exceed six months to complete a special project, when such extension is nominated by
the Mayor and approved by the City Council.
B. Members who become non residents during their term of office shall remain on the
Commission no more than 90 days unless granted a special project extension by the Mayor and
City Council.
C. If a member who represents the business community is no longer employed within the
City, or his or her business relocates out of the City, that member shall remain on the
Commission no more than 90 days unless granted a special project extension by the Mayor and
the City Council.
Section 5. Vacancies, Removal, Selection.
A. Vacancy occurring other than through the expiration of terms shall be filled for the
unexpired terms.
B. Members may be removed after public hearing by the Mayor with the approval of the
City Council for inefficiency, neglect of duty or malfeasance in office. Notice of the charge and
pendency of the hearing with respect to the removal of a member of the Planning Commission
shall be given by mail addressed to the residence of the accused member at least five days
before the date of such hearing.
C. The members shall be selected without respect to political affiliations and they shall
serve without compensation; provided, however, they may be reimbursed for expenses
necessarily incurred in performing their official duties.
Section 6. Organization. The Planning Commission shall adopt rules of procedure that are
consistent with State laws.
Section 7. Minutes. Minutes of Planning Commission meetings shall be distributed to the
City Council not more than ten days after formal approval of such minutes by the Commission.
Further, when items are to be discussed by the Council and the Commission minutes are
pertinent, those minutes should be supplied to the Council in time to be read before Council
consideration.
Section 8. Repealer. Ordinance No. 1802 is hereby repealed.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 10. 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 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing \Ordinances \Planning Commission Separation.docx
NG:ksn 01/04/2010
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
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COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
December 14, 2009 5:00 p.m.; Conference Room #3
I. PRESENTATIONS
No presentations.
City of Tukwila
Community Affairs and Parks Committee
PRESENT
Councilmembers: Verna Griffin, Chair; Joe Duffle and Kathy Hougardy
Staff: Shawn Hunstock, Jack Pace, Kathy Stetson, Shelley Kerslake, Christy O'Flaherty, Mary Hulvey
Stacy MacGregor and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:04 p.m.
In the interest of time, the agenda items below were discussed in an order d fferent than what was listed on the
Committee Agenda cover sheet.
II. BUSINESS AGENDA
A. Planning Commission and Board of Architectural Review (BART Roles Responsibilities
Staff is seeking full Council approval to separate the functions of the Planning Commission and Board of
Architectural Review into two distinct commissions /boards. Separating these functions will require
ordinances changes.
Currently, the seven member volunteer Planning Commission also serves as the Board of Architectural
Review. This dual role causes the Commission to practice two separate decision making/recommending
authorities legislative and quasi-judicial. This dual role can often be confusing as volunteer members
determine their appropriate roles as decision makers and /or an advisory Commission to the City Council.
Separate bodies carrying out legislative or quasi-judicial roles will allow for and encourage the specialty
function of each; make workloads more manageable; and reduce liability concerns raised by the City's
insurance carrier.
Committee members asked several questions regarding the separation of Commission duties including the
appointment process and timing for this item coming forward to Committee. Staff replied that the current
appointment process for boards and commissions would remain in effect, where as commissioners and /or
board members are recommended by the Mayor and confirmed by the Council. Additionally, in January a
current Planning Commissioner will leave his seat to accept a position on the City Council. As
applications are being received to fill this vacancy, it seems to be the most appropriate time to move
forward with such a separation of duties.
In summary, the Committee is supportive of the separation of duties into a Planning Commission and
Board of Architectural Review, agreeing that it is in the best interest of the City to consider this
separation of duties. However, the members were not in agreement of the details of this separation
including, but not limited to, the number of members on each commission/board; requirements for
appointment (resident/business), and conditions of re- appointment/application. The Committee
recommends forwarding this item to full Council in support of the separation of the Planning Commission
into two bodies, but recommends further discussion on specific details. FORWARD TO JANUARY 11
COW FOR DISCUSSION.
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CAS NUMBER: 10-002
AC G ['.ND,\ ITErvr TITLE
1 MTG. DATE
1 01/11/10
01/19/10
1
1 MTG. DATE
01/11/10
EXPENDITURE REQUIRED
01/19/10
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Ma ir's review 1 t ouncil review
01/11/10 LV ,f<
1 01/19/10 LV
ITEM INFORMATION
ORIGINAL AGENDA DA 1 E: JANUARY 11, 2010
CATEGORY Discussion Motion n Resolution Ordinance Bid Award
Mtg Date 01/11/10 Mtg Date 1/19/10 Mtg Date Mtg Date Mtg Date
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 1/11/10
Amendment #1 to contract 09 -121 with KPFF
I I
$50,000
Fund Source: 000.03313.100.41.01 MAYOR'S OFFICE PROFESSIONAL SERVICES
Comments: City funds for this contract will be reimbursed by either grants or Segale Properties
I TE MN O.
D-- D02--
Authorize the Mayor to sign a Contract Amendment #1 with KPFF to add 50,000 to
the contract.
Public Hearing n Other
Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal 1 I P&R Police PW
SPONSOR'S At its July 20, 2009 meeting, Council adopted Resolution #1686 delegating permitting
SUMMARY authority for the Tukwila South Project to Anchor QEA LLC /KPFF Consulting Engineers and
authorized the Mayor to sign contracts with these two firms, each not -to- exceed $50,000;
La Pianta to reimburse half the amounts. Authorize the Mayor to sign Amendment #1
adding 50,000 to contract 09 -121 with KPFF and consider this item at the January 11,
2010 Committee of the Whole meeting and subsequent January 19 Regular meeting.
RP,\'IEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: TUKWILA SOUTH: entire Council review at COW
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMI FI EE
APPROPRIATION REQUIRED
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TO:
FROM: Lisa Verner, Mayor's Office
DATE: January 11, 2010
SUBJECT: Tukwila South: Amendment to Independent Public Works Project
Coordinator Contract 09 -121
ISSUE
City of Tukwila
INFORMATIONAL MEMORANDUM
Committee of the Whole
Mayor Haggerton
Authorize the Mayor to sign a Contract Amendment #1 with KPFF to add 50,000 to the
contract. No other provisions of the contract will be amended.
BACKGROUND
On June 8, 2009 the City Council adopted Ordinance 2233 approving a Development
Agreement for the Tukwila South Project. On June 10, the Mayor and the La Pianta
representative signed the Development Agreement. Additionally, Council adopted ordinances
and a resolution approving various associated land use actions. On June 15 the Council
approved annexation of the portion of the Tukwila South Project that is currently outside the
City's incorporated boundaries.
At the Mayor's direction, staff began to implement the provisions of the Development
Agreement. The following have been completed:
Annexation of 259 acres
Escrow Agreement and submittal of O &M Deed of Trust and O &M Letter of Credit to
escrow; ROW easement to be submitted this week
Fire Station land identification and architect's recommendation to Mayor
Accounting Protocols: CPA firm hired, discussions ongoing
Levee modification application submitted to USACE
Jim Haggerton, Mayor
At its July 20, 2009 meeting, Council adopted Resolution #1686 delegating public works
permitting authority for the Tukwila South Project to Anchor QEA LLC and KPFF Consulting
Engineers. At the same meeting, Council authorized the Mayor to sign contracts with these two
firms, each not -to- exceed $50,000. La Pianta agreed to reimburse the City for up to half of each
of these contracts, not including work done to respond to permit applications for which Segale
Properties paid an application fee. The City's share of these contracts will be reimbursed by the
Community Economic Revitalization Board (CERB) and Capital Projects state grants for
Southcenter Parkway.
23
INFORMATIONAL MEMO
Page 2
DISCUSSION
KPFF has invoiced the City for $47,661.63 (of the $50,000 contract amount) for work done in
2009. Additional funds must be added to the contract in order to continue to use KPFF services
to complete the contract scope of work. As mentioned above, all of these funds will be
reimbursed either by Segale Properties or by state grant funds.
During 2009, KPFF has provided project status reviews; tracking of key design, permitting, grant
and construction issues; oversight of Southcenter Parkway design drawings and technical
review; agency coordination; coordination with La Pianta; and assistance with overall parcel
grading activities. The result of KPFF involvement is that we are on- schedule at this time to
begin construction of Southcenter Parkway this spring; we anticipate a construction start date of
May 1,2010.
Items in the contract scope of work that remain include:
Project Monitoring and Reporting
Completion of oversight of Southcenter Parkway design drawings by others
Construction Document Permit Review (along with Anchor QEA LLC)
Construction Manager RFP, Bidding and Award
Southcenter Parkway Bidding and Award
FEMA Letter of Map Revision
Additional funds are needed to continue KPFF's involvement and continue our high level of
productivity which meets the various timelines and deadlines agreed to in the Tukwila South
Development Agreement.
RECOMMENDATION
Authorize the Mayor to sign Amendment #1 to Contract 09 -121 with KPFF Consulting
Engineers, adding 50,000 to the contract amount, and consider this item at the January 11,
2010 Committee of the Whole meeting and subsequent January 19, 2010 Regular meeting.
ATTACHMENTS
Amendment #1 to contract 09 -121 with KPFF
24 W:12010 InfoMemos\TS Indep PW Proj Mgr CONTRACT ADD 1- 11- 10.doc
CITY OF TUKWILA
CONTRACT FOR SERVICES
Amendment 1 to Contract 09 -121
Between the City of Tukwila and KPFF Consulting Engineers
That portion of Contract No. 09 -121 between the City of Tukwila and KPFF Consulting
Engineers is amended to add $50,000 to the original contract amount as follows:
Per Section 2. Comp ensation and Method of Payment.
The City shall pay the Consultant its regular hourly rates, in an amount not to
exceed $50 $100,000.
No other provisions of the contract are being amended.
All other provisions of the contract shall remain in full force and effect.
Dated this day of 20
KPFF CONSULTING ENGINEERS CITY OF TUKWILA
By:
Its: Jim Haggerton, Mayor
ATTEST/ AUTHENTICATED APPROVED AS TO FORM
Christy O'Flaherty, CMC, City Clerk City Attorney
Date approved by City Council
(Applicable if contract amount is over $40,000)
W:\2010 InfoMemos \KPFF 09 -121 Amendment #1.doc
kn 1/7/2010
Page 1 of 1
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Fund Source:
Comments:
MTG. DATE 'I
MTG. DATE
01/11/10
CAS NUMBER: 10-003
EXPENDITURE REQUIRED
Meetinx Date
01/11/10
COUNCIL AGENDA SYNOPSIS
Prepared by
KAM
AGENDA ITEM TITLE City Council Housekeeping Items
Initials
Mayors review
Discussion Motion Resolution Ordinance
Mtg Date 01 /11 /10 Mtg Date Mtg Date Mtg Date
REVIEWED BY COW Mtg. CA &P Cmte
Utilities Cmte Arts Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Council President
COMMITTEE
L.'-Koun review
ITEM INFORMATION
1 ORIGINAL AGENDA DATE: JANUARY 11, 2010
F &S Cmte
Parks Comm.
-COST"IMPACT FUND SOURCE
AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memo dated 01/06/10.
2010 Council Representation on Board and Commissions
Citizen Issues Tracking
Council Projects Tracking
Memo from D. Robertson, dated 01/04/10
ITEM No.
Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date
Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
With the start of the new year and election of a new Council President, there are several
housekeeping items that require Council attention. These items include, but are not
limited to: Council Representation on Outside Boards Commissions; Tracking of Citizen
Issues; Tracking of Council Projects, State and Federal Lobbying and preparation for the
2010 Annual Council Retreat.
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
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MEMORANDUM
TO: Tukwila City Council
FROM: Dennis Robertson, Council President
BY: Kimberly Matej, Council Legislative Analyst
DATE: January 6, 2010
SUBJECT: City Council Housekeeping Items
At the January 4 Regular meeting each Councilmember received a folder that included copies of
several housekeeping items that warrant further full Council discussion.
As Council President, I would like to discuss these items at the January 11 COW. An explanation of
each item is summarized below, and additional copies are included with the memo to aid in
discussion.
Council Representation on Outside Boards Commissions
Draft of the 2010 Council Representation attached. Please take note of new representation on
the Fire Pension and Lodging Tax Advisory Boards. Under Regional Representation, the
names highlighted in yellow served as representatives for 2009 and need to be assigned for
2010.
Citizen Issues /Complaint Tracking
A sample /draft tracking sheet is attached for discussion.
Council Project Tracking
A sample /draft tracking sheet is attached for discussion.
City of Tukwila
City Council
Lobbying Trips State and Federal
No attachments. It is beneficial for the Council to discuss the strategy relative lobbying trips at
the state and federal levels.
Committee -Level Budget Review for Council Retreat
Memo dated January 4, 2010, attached. In order to prepare for the Council Retreat and
encourage consistent Committee review of budget items, a full Council discussion of
expectations relative to this item is important.
Council Retreat
No attachments. I would like to discuss the location and agenda items for the 2010 Annual
Council Retreat. As agreed to by Council last year, the retreat will schedule for the last
weekend in February (February 26 -28, 2010).
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City of Tukwila
City Council
2010 Council Representation
on Boards, Committees and Commissions
CITY OF TUKWILA LOCAL REPRESENTATION
Firemen's Pension Board
De'Sean Quinn As Chair of the Finance Safety Committee
Lodging Tax Advisory Board
Dennis Robertson As Council President
Equity Diversity Commission
Joan Hernandez, Appointed 2 Year Terms
Verna Griffin, Appointed 2 Year Terms
REGIONAL REPRESENATION
Cascade Water Alliance Board of Directors Mayor's Alternate
Verna Griffin
Highline Forum Mayor's Alternate
Joan Hernandez
Suburban Cities Association Public Issues Committee (PIC) Mayor's Alternate
Kathy Hougardy
South County Area Transportation Board (SCATBd)
Dennis Robertson As a member of the Transportation Committee
South King County Economic Development Initiative (SKEDI)
Pam Linder
Water Resource Inventory Area 9 (WRIA 9) Mayor's Alternate
Dennis Robertson
NATIONAL REPRESENTATION
Affordable Housing Advisory Board (AHAB) Advisory Board to CTED
Joan Hernandez, Appointed 4 Year Terms
National League of Cities (NLC) Institute for Youth, Education Families (YEF)
Verna Griffin, Appointed 1 Year Terms
National League of Cities (NLC) Human Development Policy Committee
Verna Griffin, Appointed 1 Year Terms
MISCELLANEOUS PARTICIPATION (Appointment/Designation Not Required)
Chamber of Commerce
Tukwila International Boulevard Action Committee
Tukwila Government Community Affairs Committee (Committee of the Chamber)
Pacific Northwest Regional Council (National Assoc. of Housing Redevelopment Officials)
Puget Sound Regional Council (PSRC)
South King County Cultural Coalition (SOCO)
Suburban Cities Association (SCA)
Tukwila Children's Foundation (TCF)
Tukwila Historical Society
Tukwila Pantry
Tukwila Rotary
As of 1/6/2010
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5
6
7
8
9
10
11
12
13
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Notes:
N1 Mr. Mitchell desires his atty (Aramburu) himself be contacted at addresses he sent
Citizen Issues Brought to Council
Srce Itlieif 1.0U t Contact
u rre Sta
1
Issues surrounding SCParkway Ext the scheduling of the closure of SCParkway N1
Disappointment with City decision to not entirely sandbag Foster
2 Point perimeter And Jones
Disappointment with City decision to not entirely sandbag Foster
3 Po perimeter
Bruce Mitchell Bob Gi erson Mayor ltr to Mitchell (12/17/09) Transp Comm
mtg in Jan 2010
Joe Anderson Griffin/Quinn
Robertson contacted Mr. Jones and asked for a
Robertson
mtg 12/30
Griffin Quinn met with Mr. Anderson Mr.
Jones on 12/30
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MEMORANDUM
Cite of Tukwila
City Council
TO: Tukwila City Council
FROM: Dennis Robertson, Councilmember
CC: Mayor Haggerton
Shawn Hunstock, Interim City Administrator and Finance Director
DATE: January 4, 2010 Redistribution, Original memo dated November 24, 2009
SUBJECT: Proposed Council Budget Review Process
At the November 5, 2009, Council Budget Workshop, Councilmembers present agreed that when
Council Committees reconvene in the new year, they would like to begin looking at the budget at the
Committee level to discuss services the City provides, possible duplications of services, and utilizing
the narratives included in the budget document as a way to look at and consider potential program
alternatives in response to the severity of the City's budget crisis.
I would like to propose the Council consider following review process as outlined below relative to the
2011 -2012 Biennial Budget. Additionally, I would like to suggest that the majority of time at the
Council's 2010 Annual Retreat be dedicated to budget discussion.
Pre Retreat Committee Review
Goal of Budget Review and Discussion
To account for approximately $3 million dollars (expense /capital reductions or new revenues) in each
year of the Six Year Financial Planning Model.
Council Committees will review the 2009 -2010 Biennial Budget document page by page.
Review will begin with the first Committee meetings in January and be completed one week
prior to the Annual Retreat.
Each Committee will develop a list of programs or expenses that "warrant further discussion"
at the Retreat.
All items that Committee members feel need further discussion will be listed, regardless of
dollar amount.
Committees will not make recommendations at this time, they will simply identify areas in need
of further full Council discussion
Each Committee will be provided with a list of the appropriate budget pages for review at the
Committee -level in the appropriate Committee agenda packet.
If a Committee determines an item warrants full Council discussion at the Retreat, it will be
that Committees' responsibility to have a reasonable understanding of the detail level of that
budget item.
35
36
Robertson: Proposed Council Budget Review Process page 2
Council Retreat
Items identified for discussion by Committees will be reviewed and discussed by
Councilmembers and the Mayor.
From that discussion, three different lists will be developed:
1. Items that need further information from Administration or Departments regarding: the
benefits derived from the expenses; program outcomes; total costs involved, including
indirect costs; any revenue generated from the program; and negative impacts to
residents or businesses, if reduced.
2. Items ready for general discussion at Committee of the Whole meetings.
3. Items that do not warrant further discussion (City will continue with program as -is).
A listing of new revenue sources will be discussed, including how much potential revenue
could be generated, negative impacts, if any, to residents and businesses, and limitations on
the use of such revenue.
City -wide expenditure reduction options that are not specifically identified in the budget
document will be discussed.
The Administration is encouraged to develop its own list of items for later discussion at a
COW, should there be items that Administration feels are important to discuss, but were not
identified for discussion at the Retreat.
Post Council Retreat
Items from identified at the Retreat as #1 and #2 above will be reviewed at Committees and /or
COW's between March 2010 May 2010.
Items identified as #1's will include a recommendation from Administration (leave program as
is, eliminate, generate addition revenue to cover expenses, reduce expenses but do not
eliminate, etc).
Council may, at COW, decide to recommend action as appropriate at a Regular Meeting
based on Administration's recommendation and Council discussion.
1 CAS NUMBER: 10-004
Fund Source:
Comments:
MTG. DATE I
10 -DLLLI
Meeting Date Prepared by Mgy is review 1 'oarncil review
01/11/10 KAM I( AL( ,R
01/19/10 KAM 1
1
I
AGENDA ITEM TITLE Draft Resolution for Council's 2010 State Legislative Priorities
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 01/11/10 Mtg Date Mtg Date 01/19/10 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal El P&7R Police 111 PWI
SPONSOR'S Staff has prepared a DRAFT 2010 Legislative Agenda for Council consideration. The agenda
SUMMARY is intended to be utilized as a tool for Councilmembers when they meet with state
legislators in Olympia later this month.
The Council is being asked to adopt a Resolution that identifies the agreed upon priorities.
REVIEWED BY COW Mtg. CA &P Cmte
Utilities Cmte Arts Comm.
DA'Z'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Council President
COMMITTEE
EXPENDITURE REQUIRED
COUNCIL AGENDA SYNOPSIS
Initials
ITEM INFORMATION
J ORIGINAL AGENDA DA 1'h: JANUARY 11, 2010
n F &S Cmte
Parks Comm.
RECORD OF .COUNCIL ACTION
MTG. DATE ATTACHMENTS
01/11/10 Memo regarding recommended 2010 Legislative Agenda /Priorities.
AWC's 2010 Legislative Priorities.
City of Tukwila 2009 Legislative Agenda.
Draft Resolution (Attachment A to be provided at 01/19/10 Regular Meeting).
ITEM NO.
n Transportation Cmte
Planning Comm.
COST IMPACT /;FUND: SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
37
38
Tukwila City Council
Kimberly Matej, Council Legislative Analyst
Mayor Haggerton
Shawn Hunstock, Interim City Administrator
DATE: January 5, 2010
SUBJECT: Legislative Agenda /Priorities for 2010 Session
TO:
FROM:
CC:
MEMORANDUM
City of Tukwila
City Council
The State Legislature will begin a short 60 -day session on Monday, January 11, 2010. This is the
second year of the Legislature's biennium legislative cycle, and Governor Gregoire released her
proposed 2010 supplemental budget on December 9. However, it is anticipated that the Governor will
release a second budget sometime in early January which will still cut substantial state expenditures.
It appears as if it is in the City's best interest to continue working with the priorities set forth in the
2009 Legislative Agenda that Council passed by resolution last year. This recommendation is based
on consideration of the upcoming short 60 -day session as well as the continued need to ensure the
safety of state shared revenues, flexibility of use of existing local revenues and the significant budget
reductions already implemented by the City.
As with most legislative agendas, it is important to note that usually a city will choose items for
highlighting to local representatives (i.e.: priorities); however, that does not preclude the City from
supporting, opposing, monitoring issues or directly contacting legislators regarding additional items
not specifically highlighted on the published legislative agenda. For example, City departments will
often advocate for the Council to support or oppose specific items in response to which the Council
can meet directly with the appropriate state representatives regarding said issues.
For your review and discussion, continued issues from 2009 are below, and 2010 updates and /or
applicable comments have been incorporated in red. The order in which items are listed does not
reflect the importance of any item. After Council discussion, staff will provide a 2010 Legislative
Agenda State Issues in final form for review at the January 19 Regular Council Meeting.
City Fiscal Health
MONITOR: Streamlined Sales Tax
Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated
to that source and are not utilized to balance the state budget. Also, insure transparency in the
mitigation calculation process and consistent application of mitigation policies among all cities,
counties and transit districts. 2010 Update: $53.4 million is appropriated to this account; however,
another $10 million was transferred to the State's General Fund. According to AWC, it appears as if
this is an excess balance and will not impact distributions to cities.
SUPPORT: Flexibility on Use of Existing Revenue Sources
Increased flexibility in the spending of revenues such as locally imposed Real Estate Excises Taxes
(REST) will allow cities to respond more appropriately to growth needs and essential services.
Transportation Infrastructure
SUPPORT: Transportation Enhancement
Support legislation which increases flexibility of use of existing revenues and implements new
revenues for use in expansion, maintenance and repair of transportation mechanisms; including such
items as street utility capability for cities and counties.
39
40
2010 Council Legislative Priorities page 2
General Government Operations
OPPOSE: Taping of Executive Sessions
It is anticipated that this issue may be re- introduced in the 2010 Session.
MONITOR OPPOSE: Legislation that Prohibits Local Jurisdictions from Requiring Dwelling
Unit Inspections
This item may also appear as a component of Crime Free Multi Housing legislation. City of Tukwila
staff is working diligently with AWC to ensure bill language which protects and encourages the rights
of cities to assist in providing safe and livable housing to its community members.
SUPPORT: Pro Active Approaches to Reducing the Impact of Public Records Requests to
Cities
Take an active role in efficient responses to and delivery of public records requests while reducing
substantial impacts of arduous requests.
Enhancement of Funding for Human Services
The Tukwila City Council is committed to continue funding of human services programs in relation to
the increasing cost of living. In consideration of this local commitment, we encourage our State
legislators to support human services funding recognizing the need of these vital services throughout
our local communities and the State.
Partnerships
The City of Tukwila recognizes that the fiscal condition of the state budget impacts every city by
reducing state funding opportunities. We also acknowledge that state aid for local governments is
becoming increasingly more difficult to secure. City officials are committed to doing their part to foster
relationships within local, regional and state entities that encourage opportunities for joint partnership
and outreach in budget reduction as well as other activities that address management of local
resources.
New Priorities
SUPPORT: Fiscal Reimbursement for Flood Preparation Relative to the Howard Hanson Dam
Seek reimbursement for fiscal expenditures related to the preparation and protection efforts in
response to the potential flood risk related to the Howard Hanson Dam.
SUPPORT: Extension of Cities Liability Protections Regarding Howard Hanson Dam
Clarify and refine language regarding statute liability immunity for cities that perform and conduct
good -faith efforts in response to the potential flood risk relative to concerns with the Howard Hanson
Dam.
For your review, I have attached a copy of AWC's 2010 Legislative Priorities and the City's 2009
Legislative Agenda.
41
42
D e c e m b e r 2 0 0 9
AWC Board adopts 2010
egislative priorities
AWC's top priorities
City flexibility package
In 2009 AWC advanced a broad city flexibility package that
eased restrictions and requirements in areas like:
Fiscal health
Land use
Infrastructure
Community safety
Public records
A big emphasis was placed on giving locals more authority
and flexibility with allocating existing revenues. Cities looked
to what the state did in adopting its 2009 -1 1 budget.The
state gave itself flexibility as a way to deal with the state's
fiscal stress.Why shouldn't cities have the same latitude, even
if it was for a limited period?
This year,AWC continues to pursue ideas that give cities
fiscal flexibility and cost effective options. Cities want to be
able to decide locally how to allocate our resources.We
know what our communities want and we need the flexibility
to provide essential services in a way that makes fiscal sense.
Please see more information regarding the city flexibility
package in our fact sheet on our website at www.awcnet.org.
Municipal stormwater funding
137 cities are impacted by Phase land 11 NPDES stormwater
requirements and Puget Sound cleanup work.These cities
need a long -term state funding mechanism to help them
meet the stormwater requirements.AWC will aggressively
pursue ESHB 1614 (from the 2009 session).The bill places
a barrel fee on unrefined oil approximately $120 million a
year in revenue.
The governor and Legislature needed to close over a $9 billion deficit during the 2009 session.
The state now faces a new shortfall estimated at $2.6 billion that must be closed in the 2010
supplemental budget.The last time the state faced such a daunting gap was 25 years ago.
With that backdrop, the AWC Board of Directors adopted your 2010 legislative agenda last
week. It's an ambitious list. Success is going to be difficult. But we're already working the issues
and what will make a huge difference is your direct help.Your contacts from home create the
biggest, most significant impacts with legislators.
ASSOCIATION
OF WASHINGTON
C i i i E S
AWC remains open to alternative legislation that provides
equivalent funding. Please see more information regarding
stormwater funding in our fact sheet on our website at
www.awcnet.org.
Street maintenance utility A city option
Just like the state's 18th amendment and the County Road
Levy, cities want a permanent transportation funding source
for basic street maintenance and preservation.Three out of
every four city transportation dollars depend on general fund
transfers. Street funding competes with other city services
coming out of the general fund.
AWC proposes to create a street maintenance utility,
similar to a sewer or water utility. With a city option utility,
charges are based on different types of trips made by users
and what it costs the city to maintain and preserve its
streets. Maintaining and preserving streets avoids costly
reconstruction.When compared to other approaches
like increasing property taxes, the city option is far more
equitable.
A successful utility starts with community awareness.
Extensive public involvement during the utility's creation
helps broaden community support for the option.
Accountability measures help boost public confidence,
showing that funds will only be used for street preservation.
Please see more information regarding street maintenance
utility in our fact sheet on our website at www.awcnet.org.
Association of Washington Cities 1076 Franklin St SE o Olympia,WA 98501 o www.awcnet.org
continued
43
44
Other priorities
Brokered natural gas tax
Pursue legislation addressing the Court of Appeals decision
that:
Impacts city collection of the brokered natural gas tax;
Clarifies the definition of use; and
Ensures equal treatment between business and residential
users.
State budget Continued appropriation of
committed state funds
Cities must continue to closely monitor the state budget,
watching over their continued allocation of state shared
revenues and state funds, including:
Full mitigation for streamlined sales tax
Continuation of the city- county assistance account
Continuation of important shared revenues like the
criminal justice assistance account, liquor excise tax
account and liquor revolving account
Maintenance of nearly full funding for local public health
jurisdictions.
Fire hydrant general fund responsibility
In October 2008 the Supreme Court ruled that fire hydrants
are a general government responsibility, paid for by the
local government's general fund. Many water utilities now
cover the charges for this service. Cities with their own
water utility must pay for the service out of their general
fund. If they receive service from another city or water
utility district, they'll be billed by that jurisdiction.This adds
a greater burden to each city's general fund.With many
questions still remaining over the ruling,AWC will pursue a
legislative clarification.
Oppose the requirement to tape executive
sessions and any restrictions of attorney client
privilege or attorney work product
Pursue pro- active public records proposals that
address some of the problems that accompany
burgeoning public records requests
AWC staff will work with other local government
associations to identify proposals for 2010.
Pursue a change in population thresholds that
determine the availability of local funds and the
number of councilmembers for cities that host
correctional facilities
This bill affects the cities of Connell and Airway Heights.
When a public facility like a state prison is located within a
small city's boundaries, the increased population disqualifies
the city from receiving small city pavement and sidewalk
funds.The city also doesn't receive additional property or
sales tax revenue to offset the loss.
A city with a prison population increase is required to
expand its council, going from five to seven councilmembers.
For the purposes of eligibility for small city pavement and
sidewalk fund and changing the number of council seats, this
bill gives cities the option of including or not including the
state correctional facility population.
Increase existing grant and loan programs to stay
current with construction inflation, including:
Public Works Assistance Account (Public Works Trust
Fund) stormwater component, high growth area grants/
loans, housing component
Transportation Improvement Board
WSDOT Highways and Local Programs (bicycle/
pedestrian programs)
MTCA (Model Toxics Control Act) funding for one -time
capital investments
Transportation Benefit Districts
Clarify that projects within a local capital facilities plan
are eligible expenses in aTBD instead of by reference;
Enable latecomer fees to be applied to projects not
"owned" by the TBD (i.e. a state highway); and
Pursue repeal of the 10 year sunset on voter approved
sales tax.This would allow bonding of this revenue
stream.
Pursue taxable bond issuance flexibility
The advent of Build America Bonds highlights the challenge
a city council (or other public entities) faces when investors
sign up to purchase the bonds the council frequently
must approve the sale within minutes. Coordinating city
councilmember's schedules to pursue this action (and
potentially save taxpayer money) is problematic.
Association ofWashington Cities 1076 Franklin St SE Olympia,WA 98501 www.awcnet.org
continued
The proposed sotution:Allow the city governing body to
adopt a bond ordinance or bond resolution, and delegate
to an authorized representative the authority to finalize
the maturity amounts, interest rates, etc all within tight
parameters fixed by the governing body.
Funding for gang intervention and prevention
activities
Support local tools and innovation for gang prevention
and intervention; seek sustainable, ongoing funding
for gang prevention and intervention, graffiti removal
programs, and law enforcement suppression activities.
Support the creation of new offenses for criminal gang
intimidation and school criminal gang intimidation and
sentence enhancements for gang related offenses.
Limiting liability for local government
Continue to pursue reforms that limit joint liability for
public entities, especially in the context of proposed
expanded wrongful death claimants and damages;
Continue to work to amend the law so that juries know
if a person involved in an injury accident was wearing his
or her seatbelt; and
Do not advance legislation relating to establishing a willful
and wanton level of misconduct for emergency workers,
but support others who may wish to take the lead.
Public safety impacts of charging decisions and
expanding caseload and subject matter jurisdiction
in municipal court
If additional cases are shifted to cities and municipal
courts, continue to insist on a reasonable increase and seek
funding to assist with this new caseload and public safety
implications of charging decisions. Require counties to charge
misdemeanants in Superior Court, within the threshold limits
for which they are responsible.
Reform of annexation statutes and those dealing
with the role of cities, counties and special purpose
districts in urban areas
AWC will look for opportunities to advance any annexation
and /or governance reform if and when the opportunity
arises. Example: Joint planning in unincorporated urban
growth areas.
Climate change issues
Action shifted to Congress and it's not anticipated that major
legislation will be introduced this session.AWC will look for
opportunities to facilitate local actions to address climate
change issues and impacts. Continue to defend against
mandates for minimum density around transit stations.
Land use /Gambling
Not likely that this issue will be addressed this session.
However,AWC will look for opportunities to defend cities'
ability to fully ban gambling and seek legislation that provides
cities the ability to zone and partially ban gambling facilities if
the opportunity arises.
Puget Sound Partnership /Action Plan
Possible legislation introduced to ban copper brake pads.
AWC will monitor and support other ideas that help protect
and restore the Sound's health with emphasis on need for
long -term state funding.
Best Available Science help for smaller cities
Pursue help for small cities to address BAS in their next
update or defer requirement to update in the smallest cities
and towns that aren't growing (may be part of Flexibility
Package).
Housing affordability
Support legislation /budget ideas that address affordable
housing through infrastructure funding and new fiscal
incentives;
Work with coalitions to identify and remove barriers to
crating new affordable or workforce housing;
Oppose new mandates or pre emptive zoning legislation;
and
Closely monitor and respond to proposed reductions
in existing housing support programs for low- income or
disadvantaged residents.
Information to landowners on being in an
unincorporated UGA
AWC will consult with county assessors, seeking their
support, and introduce legislation.
UGA expansion in flood plains under certain
conditions
Follow -up to legislation from 2009 session.AWC will support
language worked out between Mt.Vernon and the bill's prime
sponsor (Rep. Scott White, D- Seattle).
Association ofWashington Cities o 1076 Franklin St SE o Olympia,WA 98501 e www.awcnet.org
continued
45
46
Issues to endorse
E91 I funding
Support efforts to:
Secure additional funding needed to keep pace with
advances in technology such as VolP, photos, video, instant
messaging and text messages; and
Ensure the tax base is comprehensive by amending
the current statute to insure the tax is levied on all
technologies.
False alarm information
Seek an exemption for false alarm information under RCW
42, public records City of Spokane
Amend public records disclosure requirements for
"complainants"
A City of Everett proposal that would allow the city
to withhold a complainant's name whenever disclosure
endangers the complainant.
Community Facilities Districts Enabling
legislation
Cities create a CFD through an ordinance process.
Essentially an LID, but enables the funding of
infrastructure outside of the defined area.
Developer imposes tax —the tax is not part of the city's
tax capacity.
Permanently fund the Community Economic
Revitalization Board (CERB)
Seek permanent revenue for CERB and support technical
corrections. CERB authority was modified in 2008 it retains
a 75% rural /urban split for the first $20M appropriated.
$20M and over is a 50 %/50% rural /urban split.
State brownfield redevelopment funding
EPA provides assessment grants on a nationally competitive
basis, and the State's Brownfields revolving loan program is
$5.9 million federally- funded. However, assessment grants
are too few, and loans do not work for everyone, especially
municipal governments. Increasing the state's program and
adding a grants component will clean up the environment
and generate new development, infilling, and higher tax
revenues.
Communications infrastructure Interoperability
Example: Spokane region requires a communications
infrastructure investment ranging from $44 million to $88
million, including financing expenses.Area voters recently
passed a one -tenth of one percent sales tax measure to
provide initial infrastructure funding as well as instituting a
reverse 91 1 system, providing sustenance to the 91 1 system
and augmenting a crime reporting system.The sales tax
measure does not raise enough revenue to implement all of
the initiatives included in the successful ballot issue. Progress
on the infrastructure depends on the region receiving federal
or state grants.
Assault by vehicle
Support Seattle as it works to amend current law to allow a
local option for criminalizing "assault by vehicle."
Basic Law Enforcement Training Academy (BLEA)
funding
AWC will continue to support additional BLEA funding
to ensure that cities have adequate capacity to train new
police officers and support appropriate and effective training
methods.
City access to criminal background checks for
license enforcement
Support legislation that would authorize the state patrol to
conduct criminal background checks, including NCIC access,
for for -hire license applicants when requested by the city.
Photo enforcement authority
Support legislation to broaden and clarify authority for cities
to use photo- enforcement.
Water /sewer districts: Utility taxes and
assumptions
For many years,AWC opposed efforts by districts to
eliminate the authority of cities to assume (takeover) all or
portions of districts serving cities. For the past several years,
districts opposed efforts by AWC to allow cities served in
whole or part by districts to charge city customers a utility
tax.A compromise has been reached that would allow a city
to impose the utility tax, but if in the future an assumption is
sought in that city, it may be done only by a vote of district
customers.
Association of Washington Cities 1076 Franklin St SE Olympia,WA 98501 www.awcnet.org
continued
Annexation to fire protection district
AWC will endorse legislation amending RCW 52.04.061 to
allow cities with population exceeding 100,000 to annex to a
fire protection district.
Issues to strongly defend against
B &O tax /business license fee
Oppose any changes advanced that further negatively impact
local B &O tax revenues.
Utility lien authority
Defend against proposals to eliminate the utility lien
authority or the authority of cities to collect unpaid utility
bills from property owners.
No additional diversion from the Public Works
Trust Fund
Support more funding for infrastructure and economic
development not the redirecting of existing funds.
Issues to monitor
Clean -up of disincorporation statutes
City of Spokane Valley is pursuing.
Mitigating medical costs for offenders
Pursue state funding to help local jurisdictions pay for
offender medical costs; seek assistance with mental health
costs to reduce impacts on the criminal justice system.
Funding for auto theft prevention authority
Monitor funding to ensure 2009 -1 1 budget transfers are
one -time. Continue to support dedicated funds for auto theft
enforcement.
Federal emergency management funding/
Communications interoperability
Seek state and federal funding to meet interoperability
standards and reform of 91 1 structure to address modern
technology.
Regulating guns on city property
Association of Washington Cities
Outdoor burning in cities and towns under 5,000 in
population
AWC will work with cities and DOE to help small cities
develop programs allowing them to dispose of residential
yard waste by ways other than burning, and continue to work
with legislators to evaluate how small cities can deal with
residential yard waste issues.
Mandating that cities allow tent cities
Continue to defend local authority to impose reasonable
conditions on tent cities, understanding that cities are not
seeking authority to refuse to allow tent cities within their
boundaries.
Oppose efforts to diminish current authority to
access property for public safety, health and other
business purposes
Oppose preemption of local authority to conduct rental
housing inspections.
Recommendations from the Courts of Limited
Jurisdiction /Domestic Violence Work Group
Monitor any efforts to introduce legislation that was
considered by this work group which will mandate new
court responsibilities.A group reconvened in the 2009
interim to look at domestic violence issues. It may reappear
with recommendations like requiring municipal courts to
issue domestic violence and anti harassment protection
orders, and standardizing court hours and staffing.
Natural Resource Agency reform
Monitor for opportunities to support or oppose legislative
or budget proposals from the Gregoire Administration
focusing on streamlining state permitting and improving
customer service.
Water resources Muni water law court case and
other issues
Monitor any proposals that modify existing municipal water
law.
Helping less "urban" cities prosper
Monitor and support proposals that provide less urban cities
tools they need to prosper.
1076 Franklin St SE Olympia,WA 98501 www.awcnet.org
47
48
City of Tukwila
2009 Leeislative Atenda State Issues
The City of Tukwila seeks sustainability of services, flexibility in local decision making and transparency in
government in order to continue serving our community in the ways our residents and businesses need and expect.
During questionable economic times, this desire can be more difficult to achieve. Solutions to challenges can be
identified more quickly when local leaders retain the ability to manage their resources in a manner that works best
in their community. During the first year of the Washington State Legislature's biennium legislative cycle, the City
will focus on the following legislative priorities:
City Fiscal Health
MONITOR: Streamlined Sales Tax
Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated to that source
and are not utilized to balance the state budget. Also, insure transparency in the mitigation calculation process and
consistent application of mitigation policies among all cities, counties and transit districts.
SUPPORT: Flexibility on Use of Existing Revenue Sources
Increased flexibility in the spending of revenues such as locally- imposed Real Estate Excises Taxes (REET) will
allow cities to respond more appropriately to growth needs and essential services.
Transportation Infrastructure
SUPPORT: Transportation Enhancement
Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in
expansion, maintenance and repair of transportation mechanisms.
SUPPORT: Federal Stimulus Package
In anticipation of a proposed Federal stimulus package, the City of Tukwila has several projects ready to
implement and eligible for regional, state and federal funding opportunities:
Klickitat Project
Tukwila Pond Park
Duwamish Riverbend Hill Phase II
Non- motorized Capital Facilities as Identified in the Tukwila Walk Roll Plan
General Government Operations
OPPOSE: Taping of Executive Sessions
Transparency in government operations and decision making is extremely important to City of Tukwila elected
officials. There are very few exceptions to the Open Public Meeting Act in which legislative bodies have the right to
discuss matters in an executive session. Limiting these exemptions further by mandating recordings of executive
session can interfere with and hinder the optimization of City processes and candid discussions.
Enhancement of Funding for Human Services
The Tukwila City Council is committed to continue funding of human services programs in relation to the cost of
living through consistent review of regional, state and federal budgets affecting such services. With that local
commitment, we encourage our State legislators to support human services funding recognizing the need of these
vital services throughout our local communities and the State.
Partnerships
The City of Tukwila recognizes that the fiscal condition of the state budget impacts every city by reducing state
funding opportunities. We also acknowledge that state aid for local governments is becoming increasingly more
difficult to secure. City officials are committed to doing their part to foster relationships within local, regional and
state entities that encourage opportunities for joint partnership and outreach in budget reduction as well as other
activities that address management of local resources.
1/5/2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A LEGISLATIVE AGENDA/PRIORITIES
FOR USE IN THE 2010 WASHINGTON STATE LEGISLATIVE SESSION.
WHEREAS, the City Council has agreed to pursue certain legislative issues for
2010; and
WHEREAS, the City Council recognizes that this agenda is not necessarily all
encompassing in that certain additional items may arise during the legislative session
that require support or opposition;
WHEREAS, a legislative agenda outlines the priority issues that elected officials
may discuss when speaking to members of the Washington State Legislature; and
WHEREAS, the City Council agreed to these priorities at the Regular Council
Meeting on January 19, 2010;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council has identified priorities for the 2010 Legislative Session
that are integral to serving the Tukwila community in the manner in which the
residents and businesses have come to expect. The City of Tukwila 2010 Legislative
Agenda is hereby incorporated by reference hereto as Attachment A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Chirsty O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
i lL J
Dennis Robertson, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment A: City of Tukwila 2010 Legislative Agenda 4 9
50
11th (Monday)
Community
Affairs
Parks Cmte,
5:00 PM
(CR #3)
City Council
Executive
Session,
6:00 PM
(Council
Chambers)
City Council
Committee of
the Whole
Mtg.,
7:00 PM
(Council
Chambers)
12th (Tuesday)
Utilities Cmte,
5:00 PM
(CR #1)
Arts Commission,
5:30 PM
(Billy Baroo's)
RESCHEDULED
FROM JAN. 5TH
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
18th (Monday) 19th (Tuesday)
Transportation
M.L. King, Jr. Cmte,
Day 5:00 PM
City offices closed (CR #1)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
Upcoming Meetings Events
JANUARY 2010
13th (Wednesday) 14th (Thursday) 15th (Friday) 16th (Saturday)
COPCAB,
6:30 PM
(CR 85)
RESCHEDULED
FROM JAN. 27TH
20th (Wednesday)
Finance
Safety Cmte,
5:00 PM
(CR #3)
Parks
Commission,
5:30 PM
(Community
Center)
Library
Advisory
Board,
7:00 PM
(Foster Library
21st (Thursday) 22nd (Friday) 23rd (Saturday)
Crime Hot Spots
Task Force Mtg.,
10:00 AM
(CR #5)
Tukwila Historical
Society,
7:00 PM
(George Long
facility)
Cascade Land
Conservancy
Workshop
"Taking Action in
Tukwila: How to
shape the future of
your conttnanity"
6:30 9:00 PM
University of Phoenix
(7100 Fort Dent Way,
#100)
For more information
or to RSVP visit
www.cascadeagenda.
com /cities /cascade-
agenda- community-
stewards/Tukwila (or
call 206- 905- 6891).
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 2342.
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.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. Agenda items for 1/11/10 meeting:
(A) King County interlocal agreement for use of grant finds for Stream Team Program, (B) Pre retreat budget review.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206 433 7175).
Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206 433 7175.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 2342.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 767 2342.
>Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1.
Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 433 1860.
>Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 433 1812.
➢Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. Agenda items for 1/12/10 meeting: (A) Recycling grants (2010-
2011). (B) Surface water management ordinance. (C) Illicit discharge detection and elimination ordinance. (D) 2010 Public Works
utility issues.
51
52
Tentative Agenda Schedule
MONTH MEETING; 1
REGULAR
January 4
1•" —New Years Day
(City offices closed)
18th —M.L. King, Jr.
Day
(City offices closed)
February
15t
Presidents Day
(City offices closed)
March
1 8
Special Presentation:
Green River flood
history (to current)
1 8
11
MEETING 2. MEETING 3 MEETING 4-
See agenda packet
cover sheet for this
week's agenda
(January 11, 2010
Committee of the PJhole
Meeting)
19 (Tuesday)
Special Presentation:
Confirm appointment
of Steve Lancaster to
the position of City
Administrator
effective January 19,
2010, and waiving the
residency require-
ment, per Ordinance
No. 2039
Public Hearing:
Ordinance
establishing new
regulations regarding
the Board of
Architectural Review
and prescribing its
duties and authority
Unfinished Business:
Ordinance
establishing new
regulations
regarding the Board
of Architectural
Review and
prescribing its
duties and authority
Extension to KPFF
Consulting
Engineers contract
(09 -121) for Tukwila
South permitting
16 (Tuesday) 22
15
25
22
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING