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Home My WebLink AboutReg 2010-06-21 COMPLETE AGENDA PACKET 1134 ILA w Tukwila City Council Agenda 74. c REGULAR MEETING Jim Haggerton, Mayor ILA Councilmembers Joe Duffie Joan Hernandez Steve Lancaster, City Administrator Allan Ekberg Verna Seal 1901 Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, June 21, 2010; 7:00 PM Ord #2290 Res #1717 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL Update on Community Schools Collaboration; Lynda Hall, Program Director. PRESENTATIONS 3. PROCLAMA- a. Confirm the appointment of Rick Still to the position of Parks and Recreation Pg.1 TIONS/ Director. APPOINTMENTS b. A proclamation for National Safety Month. Pg.5 4. CITIZEN At this time, you are invited to comment on items not included on this agenda (please COMMENT 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. 5. CONSENT a. Approval of Minutes: 6/7/10 (Regular). AGENDA b. Approval of Vouchers. c. Accept as complete the Duwamish Riverbend Hill Construction Project (Contract Pg.7 #10 -030) with Terry Dynamics, Inc.; authorize release ofretainage, subject to the standard claim and lien procedures (final cost of project, including retainage: $146,182.50). d. Accept as complete the 2009 Small Drainage Program project (Contract Pg.11 #09 -112) with Green River Construction, Inc.; authorize release of retainage, subject to the standard claim and lien procedures (final cost of project, including retainage: $523,179.44). 6. UNFINISHED a. A resolution adopting a Six -Year Transportation Improvement Program (2011- Pg.17 BUSINESS 2016) and directing the same to be filed with the State Secretary of Transportation and the Transportation Improvement Board. b. Approve a fireworks permit submitted by Entertainment Fireworks, Inc. /Tom Pg.21 Whitacre for a fireworks display at the Family Fourth at the Fort celebration on July 4, 2010 at the Starfire Sports Complex (see 6/14/10 CO. W). c. An ordinance adopting the 2009 Edition of the International Fire Code and Pg.23 appendices, with certain exceptions and amendments as codified at Tukwila Municipal Code Chapter 16.16. d. Land Use Fee Schedule: Pg.31 1. An ordinance to move the Tree Clearing Permit Fee into the Land Use Fee Pg.33 Table. 2. A resolution adopting a Land Use Fee Schedule. Pg.35 e. Authorize the Mayor to enter into an Interlocal Agreement with King County for Pg.39 Animal Control Services (see 6/14/10 CO. W). f. Authorize the formation of an exploratory committee to investigate Fire Service Pg.41 Options as outlined in the 6/10/10 Memorandum (see 6/14/10 CO. W). 7. NEW An ordinance establishing a moratorium on the acceptance of applications for Pg.43 BUSINESS Sign, Development and Electrical Permits for certain types of signage within the City and declaring an emergency. 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us. and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing fromcitizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to la four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. 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 as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. 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: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to 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. CATEGORY Discussion Mtg Date 1 SPONSOR SPONSOR'S SUMMARY I I REVIEWED BY El COW Mtg. CA &P Cmte n Utilities Cmte H Arts Comm. DAlL: RECOMMENDATIONS: SPONSOR /ADMIN. Confirm appointment. COMMITTEE EXPENDITURE REQUIRED Fund Source: Comments: MTG. DATE 06/21/10 MTG. DATE 06/21/10 COUNCIL AGl- 'NDA Sv?VOPSIS Mtg Date 06/21/10 Mtg Date 1 Mtg Date II Innthlr Meeting Date Prepared by Ma eview Council review 06/21/10 SJ L ITEM INFORMATION CAS NUMBER: 1 0 -069 I ORIGINAL AGENDA DATE: JUNE 21, 2010 AGENDA ITEM TITLE Appointment of Rick Still to the position of Parks and Recreation Director Motion I I Resolution Ordinance Bid Award n Public Hearing I Other Mtg Date Council Mayor n Adm Svcs n DCD 1 I Finance 1 I Fire 1 I Legal n P&R n Police n PW F &S Cmte Parks Comm. Mtg Date Mtg Date City Council to confirm the Mayor's appointment of Rick Still to the position of Parks and Recreation Director. ITEM NO, Transportation Cmte Planning Comm. COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION ATTACHMENTS Memo from Mayor to City Council dated June 8, 2010. 2 Cc: Steve Lancaster Department Heads Kimberly Matej City of f Tulewila 6200 Southcenter Boulevard Tukwila, Washington 98188 TO: City Council FROM: Mayor Jim Haggerton DATE: June 8, 2010 RE: Director of Parks and Recreation Appointment Jim Haggerton, Mayor I am pleased to announce that Rick Still has been selected as Director of Parks and Recreation for the City of Tukwila. Rick's appointment will be taken before the City Council on June 21, 2010 for confirmation. Rick has been Interim Parks and Recreation Director since January of this year, and will be filling the position vacated by Bruce Fletcher. Rick has over 20 years of experience in the parks and recreation field. Before coming to Tukwila he served as Parks Superintendent for the City of Des Moines. He came to Tukwila in June of 2000 as Deputy Director of Parks and Recreation and has served his Department and this community with real dedication and enthusiasm for the past ten years. Rick is also active in statewide park and recreation issues, and recently served on the Board of Directors of the Washington Recreation and Park Association. Rick has been a valuable asset within the Parks and Recreation Department and a valued member of the City's management team. I request that you confirm his appointment as Director of Parks and Recreation, and join me in congratulating him on his well- deserved promotion. Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tulcwila.wa.us 3 4 0 000 Office of the Mayor Tukwila, Washington PROCLAMATION WHEREAS, the Tukwila Employees Safety and Health Committee, TESHCOM, was established to provide a mechanism to evaluate workplace accidents, practices, resources and issues; to make recommendations which promote and maintain a safe and healthy working environment for Tukwila City employees; and to protect the public's resources and reduce the City's exposure to risk and loss; and WHEREAS, TESHCOM Committee members voluntarily serve as representatives from their work groups to ensure that all employees have a safe and healthy workplace; and WHEREAS, the time dedicated by TESHCOM Committee members ensures that employees have a voice in promoting safety in the City; and WHEREAS, the National Safety Council established June as National Safety Month to increase awareness of safety and health risks and ultimately decrease the number of accidental injuries and deaths; NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim and recognize June as National Safety Month and give thanks and recognition to the 2010 TESHCOM Committee members for their service to the City and the employee groups they represent: Stacia Norris, Committee Chair, IT Department Suzi Sacha, Committee Vice Chair, Police Department Erika Eddins, Human Resources Department Kim Gilman, Human Resources Department Marty Grisham, Fire Department Darren Hawkins, Parks Recreation Department Community Center Frank Iriarte, Public Works Department Administration Allen Johannessen, Department of Community Development Jeff Morton, Public Works Department George Long Shops Kelly Narog, City Clerk's Office City Hall Representative Nick Olivas, Fire Department Paul Surek, Parks and Recreation Parks Maintenance Jim Tryer, Public Works Department Minkler Shops Signed this /6' 72 day of 6011 2010. 14,- A/. aggert yor of Tukwila 5 6 CAS NUMBER: CATEGORY I SPONSOR SPONSOR'S SUIvIIv1ARY REVIEWED BY Mtg Date 1 MTG. DATE 1 06/21/10 1 MTG. DATE 06/21/10 10 -070 Meeting Date 06/21/10 COUNCIL AGENDA SYNOPSIS Prepared by RE Initials ITEM INFORMATION AGENDA ITEM TITLE Accept as complete 2010 Duwamish Riverbend Hill Construction Project and release retainage Discussion Motion U Resolution n Ordinance Mtg Date 06/21/10 Mtg Date Mtg Date Caunczl U Mayor Adm Svcs DCD Finance II (ORIGINAL AGENDA DA I' E: JUNE 21, 2010 EXPENDITURE REQUIRED AMOUNT BUDGETED $146,182.50 $160,200.00 Fund Source: 301.00.594.760.65.69 (PG. 51, 2010 CIP) Comments: May review Council review 1 Mtg Date The contract with Terra Dynamics, Inc. is complete for the Duwamish Riverbend Hill Construction Project. This project provided temporary irrigation to the hill and landscaping along the trails and in front of the hill around the parking lot. Construction began March 15, 2010 and was completed on April 16, 2010. This project was under budget, had no change orders, and was finished 2 months ahead of schedule. Council is being asked to accept and finalize the contract in the amount of $146,182.50. COW Mtg. CA &P Cmte n F &S Cmte I I Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. n Planning Comm. DATE: 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION Bid Award 1 1 Public Hearing Other Mtg Date Mtg Date Fire 1 1 Legal P&R 1 Police E PIY/ ITEM No. 5c APPROPRIATION REQUIRED $0.00 ATTACHMENTS Informational Memorandum dated 06/07/10 State of WA Dept of Revenue Notice of Completion for Contract #10 -030 Minutes from the Community Affairs and Parks Committee meeting not available (There was unanimous approval to forward to the 6/21/10 Consent Agenda) 7 8 TO: VIA: FROM: DATE: ISSUE RE SUBJECT: Duwamish Riverbend Hill Construction Project No. DRH- 90330109.1000 Project Completion and Acceptance Accept contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 10 -030 with Terra Dynamics Inc., of Auburn, Washington, was issued on March 11, 2010 for the construction of irrigation and landscaping on the grant funded project to wrap up Phase I work at the Duwamish Riverbend Hill (DRH). ANALYSIS Construction was physically completed on April 14, 2010. There were no change orders to this project. The budget for this contract with a 20% contingency was $160,200.00 and the outstanding retainage amount is $6,675.00. Contract Award Amount Sales Tax Total Amount Paid (incl. retainage) RECOMMENDATION City of Tukwila Rick Still, Interim Parks and Recreation Director Robert Eaton, Parks /Facilities Project Coordinator June 7, 2010 Attachments: Dept of Revenue Notice of Completion 133,500.00 12.682.50 146.182.50 INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee Jim Haggerton, Mayor The City Council is being asked for formal acceptance and retainage release authorization, subject to standard claim and lien release procedures, for the contract with Terra Dynamics, Inc. in the amount of $146,182.50 and consider this item on the Consent Agenda of the June 21, 2010 Regular Meeting. 9 From: State of Washington Department of Revenue //j PO Box 47474 REV Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) Date 5/12/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT auie City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 :ddres s':of:) iililic Agerii Sub -Total 133,500.00 Amount of Sales Tax Paid at 9.5 12,682.50 (If various rates apply, please send a breakdown.) TOTAL 146,182.50 Comments: The Contractor's Registration No. didn't fit above, the complete number is TERRADI 133 LT Assigned To Date Assigned e artnient se Notice is hereby given relative to the completion of contract or project described below Amount Disbursed Amount Retained isliursingOff ci Signature Type or Print Name Diane Jaber Phone Number 206 433 -1871 Contract Number 10 030 Telephone Number (253) 880 3100 Description of Contract Duwamish Riverbend Hill Construction Contractor's Name Terra Dynamics, Inc. Contractor's Address 34721 West Valley Highway South, Algona, WA 98001 Date Work Commenced Date Work Completed Date Work Accepted 3/15/10 4/16/10 leave blank Surety or Bonding Company Travelers Casualty and Surety Company of America Agent's Address Propel Insurance 925 4"' Ave., Suite 3200, Seattle, WA 98104 Contract Amount 133,500.00 Additions 0.00 Liquidated Damages 0.00 Reductions 0.00 139,507.50 6,675.00 TOTAL 146,182.50 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until .receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an altemate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV1300020e (6- 27 -01) CAS NUIvMBER: 10 -071 COUNCIL AG H SYNOPSIS Initials Meeting Date Prepared by ilIayor'r gview 1 6'ewuil review 06/21/10 BG A ff ITEM INFORMATION I ORIGINAL AGENDA DA 1E: JUNE 21, 2010 AGENDA ITEM TITLE Accept as complete 2009 Small Drainage Program and release retainage CATEGORY SPONSOR SPONSOR'S SUMMARY Mtg Date 1 REVIEWED BY n COW Mtg. n CA &P Cmte U F &S Cmte I I Transportation Cmte Utilities Cmte I I Arts Comm. 1 1 Parks Comm. 1 1 Planning Comm. DATE: 06/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMM11 Unanimous Approval; Forward to Regular Consent Agenda 1 MTG. DATE I 06/21/10 MTG. DATE 06/21/10 Discussion Motion I I Resolution I I Ordinance T Bid Award 1 I Public Heari ng n Other Mtg Date 06/21/10 Mtg Date Council n Ma 1 1 Adm Suer DCD El Finance F ire 1 I Legal n P&R L( Police PIS The contract with Green River Construction, Inc. of Tukwila, WA is complete for the 2009 Small Drainage Program. This project provided storm drainage improvements at six sites. Construction began July 13, 2009 and was completed on March 8, 2010. Nine change orders were issued for $14,527.07 and under -runs credited $62,534.13. Council is being asked to accept and finalize the contract in the amount of $523,179.44. Mtg Date Mtg Date ATTACHMENTS Informational Memorandum dated 06/07/10 State of WA Dept of Revenue Notice of Completion 09 -112 Minutes from the Utilities Committee meeting of 06/15/10 tbltg Date Mtg Date COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $523,179.44 $656,864.48 $0.00 Fund Source: 412.02 SURFACE WATER FUND (PG. 144, 2010 CIP) Comments: RECORD OF COUNCIL ACTION ITEM No. 5.D. 12 City of Tukwila TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: June 7, 2010 ISSUE INFORMATIONAL MEMORANDUM SUBJECT: 2009 Small Drainage Program Project No. 09 -DR01, Contract No. 09 -112 Project Completion and Acceptance Accept contract as complete and authorize release of retainage. BACKGROUND ANALYSIS Contract Award Amount Change Order Nos. 1 9 Unit Price Under -runs Total Amount Paid (including retainage) RECOMMENDATION $571,186.50 14, 527.07 (62,534.13) $523.179.44 The Council is being asked to formally accept and authorize the release of retainage, subject to standard claim and lien release procedures, for the 2009 Small Drainage Program's contract with Green River Construction, Inc. in the final amount of $523,179.44, and to consider this item on the Consent Agenda of the June 21, 2010 Regular Meeting. Attachment: Notice of Completion WAPW Eng \PROJECTS\A- DR Projects \09 -DRO1 (2009 SDP) \ConstructiorMfter Construction \info Memo Closeout of 2009 SDP, 6 -8 -10 doc Jim Haggerton, Mayor The Notice to Proceed for Contract No. 09 -112 with Green River Construction, Inc. of Tukwila, Washington was issued on July 13, 2009 for the 2009 Small Drainage Program. This project provided storm drainage improvements at six sites; South 146 Street, South 133 Street, South 131 Place, West Marginal Place South, 33 34 Avenue South, and South 143 Street outfall. Construction was physically completed on March 8, 2010. Nine change orders were executed for adjustments to unexpected site conditions and unanticipated utility conflicts. Unit price under -runs were due to force account items not completely utilized during construction. The budget for this project was $656,864.48 and the outstanding retainage amount is $26,158.97. 13 From: State of Washington Department of Revenue PO Box 47474 RE VENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 600 582 949 Date City of Tukwila Attn: Diane Jaber 6200 Southcenter Boulevard Tukwila, WA 98188 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT ante Address of Public "Agency:: Department: Use Only Assigned To Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number 2009 Small Drainage Program, 09 -DRO1 Contractor's Name Green River Construction, Inc. 206 246 -9456 Contractor's Address 6402 South 144th Street, #1, Tukwila, WA 98168 Date Work Commenced Date Work Completed Date Work Accepted 7/13/09 3/8/10 Surety or Bonding Company Travelers Casualty and Surety Company of America Agent's Address Propel Insurance, 1201 Pacific Avenue, Suite 1000, Tacoma, WA 98402 Comments: Finance Approval Contract Amount 571,186.50 Additions 14,527.07 Reductions 62,534.13 Sub -Total 523,179.44 Amount of Sales Tax Paid at 0.0 0.00 (If various rates apply, please send a breakdown.) TOTAL 523,179.44 Date Assigned Signature Type or Print Name Diane Jaber Phone Number 206 433 -1871 Amount Disbursed Amount Retained isbursing Ofticer`:: 09 -112 Telephone Number Liquidated Damages 0.00 497,020.47 26,158.97 TOTAL 523,179.44 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TT users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27 -01) UTILITIES COMMITTEE Meeting Minutes June 15, 2010 5:00 p. m. Conference Room #1 City of Tukwila Utilities Committee PRESENT Councilmembers: PRESENT: Kathy Hougardy, Chair; Allan Ekberg ABSENT: Joe Duffle Staff: Bob Giberson, Frank Iriarte, Gail Labanara, Pat Brodin, Peter Lau, Greg Villanueva, Robin Tischmack and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:02 p.m. L PRESENTATIONS No Presentations II. BUSINESS AGENDA A. NPDES Program: Stormwater Education Survey Results As previously reported by staff, the NPDES permit requires that municipalities conduct an educational survey to determine consumer awareness of surface water systems and water quality. On January 22, a 15- question survey was included with the utility bills of 1,000 randomly selected residential surface water customers in the 98168 zip code. Staff reviewed the results from the 14.6% survey return rate. Response was anticipated at 3 4 so staff is satisfied with the increased return rate. Completed surveys are still being returned with surface water bills. Results suggested that respondents are participating in pollution reduction, but need to be offered opportunities for additional education on reducing urban run -off. Ongoing education regarding stormwater systems and pollution will be forthcoming to the Tukwila community via TV21, City website, Hazelnut, brochures and education inserts in utility bills. INFORMATION ONLY. B. 2009 Small Drainage Program: Proiect Completion and Acceptance Staff is requesting Council approval for formal contract acceptance and release of retainage to Green River Construction, Inc. for the 2009 Small Drainage Program. Nine change orders were issued during this project, due to unexpected site conditions and unanticipated utility conflicts. Even with change orders, the project came in over $130,000 under budget due to cost under runs. UNANIMOUS APPROVAL. FORWARD TO JUNE 21 REGULAR MEETING CONSENT AGENDA. C. Cascade Water Alliance Update Staff provided a brief overview of the June 5 Cascade Water Alliance (CWA) Board retreat. The majority of the retreat was centered on actual demand forecasting. Demand forecasting is a dynamic process, which is consistently changing. For example, water usage compared to 25 years ago is down, more likely than not, due to conservation efforts. Staff also shared some of the new water issues the CWA membership is undertaking with the recent purchase of Lake Tapps, including general lake operation and milfoil concerns. The Board also discussed public outreach opportunities for the Alliance. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:30 p.m. Next meeting: Tuesday, June 29, 2010 5:00 p.m. Conf. Room No. 1. Committee Chair Approval Min s by KAM. Reviewed by GL. 15 16 CAS NUMBER: SPONSOR'S SUMMARY Fund Source: Comments: 06/21/10 MTG. DATE 06/14/10 06/21/10 Meeting Date Prepared by 06/14/10 BG 06/21/10 I BG Mtg Date 06/14/10 Mtg Date Co UNCIL AGENDA SYNOPSIS ITEM INFORMATION 10 O 2 Mayans review C zrncil vie�a (k2) UV L ORIGINAL AGENDA DAI'L: JUNE 14, 2010 AGENDA ITEM TITLE Resolution adopting the Six -Year Transportation Improvement Program 2011 2016 CATEGORY Discussion I Motion Resolution 1 1 Ordinance Li Bid Award Public Hearing I Other Mtg Date 06/21/10 Mtg Date SPONSOR Council n Mayor n Adm Svcs n DCD n Finance I I Fire n Legal P &R (1 Police ®PW The Transportation Improvement Program (TIP) is required by RCW to be updated annually. The TIP is primarily a finanical planning document for projects competing for grants. A Public Hearing is scheduled on June 14, 2010 for the 2011 2016 TIP. After the Public Hearing, the TIP is adopted by resolution and is then incorporated into the Regional and State TIPs. REVIEWED BY COW Mtg. CA &P Cmte 1 1 F &S Cmte Transportation Cmte Utilities Crate 1 1 Arts Comm. 1 1 Parks Comm. n Planning Comm. DATE: 05/17/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Hold Public Hearing and adopt resolution COMI'vIIrIEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Initials Mtg Date MTG. DATE 1 RECORD OF COUNCIL ACTION 06/14/10 Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 05/12/10 Draft Resolution Draft 2011 2016 TIP Spreadsheet Current Adopted 2010 2015 TIP Minutes from the Transportation Committee meeting of 05/17/10 Resolution in final form ITEM No. Mtg Date 06/14/10 Mtg Date 18 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Resolutions \TIP 2011- 2016.docx RT.GL:kn 6/15/2010 pity of Tui :wiia Washington Resolution No. Exhibit: City of Tukwila' s Six -Year Transportation Improvement Program from 2011 to 2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2011 2016), AND DIRECTING THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26 as amended, the City Council of the City of Tukwila has previously adopted a Transportation Improvement Program and thereafter periodically modified said Transportation Improvement Program by resolution; and WHEREAS, the City Council has reviewed the work accomplished under said program, determined current and future City street and arterial needs, and based upon these findings, has prepared a Six -Year Transportation Improvement Program for the ensuing six calendar years (2011- 2016); and WHEREAS, on June 14, 2010, a public hearing was held regarding the City's Six Year Transportation Improvement Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Program Adopted. A six -year Transportation Improvement Program for the calendar years 2011 -2016 is hereby adopted. Section 2. Filing of Program. The City Clerk is hereby authorized and directed to file a copy of this resolution, together with the exhibit attached hereto, with the Secretary of Transportation and the Transportation Improvement Board of the State of Washington. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 19 20 CAS NUMBER: AGENDA ITEM TITLE Fireworks Permit for City's Family Fourth at the Fort Event. CATEGORY SPONSOR SPONSOR'S SUMMARY REVIEWED BY Fund Source: Comments: 1 MTG. DATE 06/14/10 06 /21/10 Discussion Mtg Dale 06/14/10 Mtg Date 06/21/10 Mtg Date Council u Mayor Adm Svcs DCD Finance Fire E Legal r I P&R Police U P1W This is the public display permit for the City Sponsored Fireworks show at Starfire Sports complex. This is the same pyrotechnician that has done the show for the City since the City took over the sponsorship of this event. COW Mtg. Utilities Cmte 11 ID- 003 r4 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 06/14/10 DT 06/21/10 DT Motion n Resolution Ordinance n Bid Award 1 1 Public Hearing 1 1 Other n CA &P Cmte Arts Comm. ITEM INFORMATION ORIGINAL AGENDA DATE: 06/14/10 Mtg Date fl Initials ITEM NO. L�evew 1 cqunczl review Il`V Altg Date Parks Comm. Mtg Date Mtg Date MTG. DATE RECORD OF COUNCIL ACTION 06/14/10 Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 5/21/10 Copy of the condition's letter and site map Copies of relevant sections of the Tukwila Municipal Code Minutes from the Finance and Safety Committee meeting of 6/8/10 No attachments Planning Comm. F &S Cmte I Transportation Cmte DATE: 6/8/10 RECOMMENDATIONS: SPONSOR /ADMIN. Fire Department COMMIrILE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND. SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED S $o 21 22 CAS NUMBER: AGENDA ITEM TITLE Adoption of the 2009 International Fire Code as amended. CATEGORY SPONSOR SPONSOR'S SUMM RY REVIEWED BY Fund Source: Comments: Mtg Date 6/14/10 Mtg Date I O Doi+ Discussion 1 Motion U Resolution Ordinance Bid Award I Public Hearing Other Counci I 1 Mayor n Adm Svcs n DCD n Finance Fire 1 1 Legal P &R n Police PW Washington State has adopted this code effective July 1, 2010 with amendments by the State Building Code Council. The City is required to adopt the current fire code and any modifications that can be more restrictive but not less restrictive, than the adopted State version of the fire code by June 30, 2010. COW Mtg. Utilities Cmte 1 1 COUNCIL AGENDA SYNOPSIS I Meeting Date Prepared by Ma view I 76ounc�i review 1 06/14/10 DT I I`f 06/21/10 1 DT 1 e9 1 alit I i i i i 6' C. ITEM INFORMATION 1 ORIGINAL AGENDA DATE: 06/14/10 1t Mtg Date Mtg Date 6/21/10 Mtg Date CA &P Cmte F &S Cmte Arts Comm. Parks Comm. Initials ITEM NO. Mtg Date Mtg Date MTG. DATE RECORD OF COUNCIL ACTION 6/14/10 Forward to next Regular Meeting MTG. DATE 1 ATTACHMENTS 6/14/10 Informational Memorandum dated 5/24/10 Draft Ordinance Copy of Chapter 46 of the International Fire Code Minutes from the Finance and Safety Committee meeting of 6/8/10 6/21/10 Ordinance in final form F Planning Comm. Transportation Cmte DALE: 6/8/10 RECOMMENDATIONS: SPONSOR /ADMIN. Fire Department COMM' rILE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $o So $o 23 24 W:\ Word Processing Ordinances \Fire Code.docx DT.ksn 06/15/2010 sitar of Tukwi Washington Ordinance No. a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.16, TO APPLY WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2047, 2129 AND 2166; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect the health, welfare and safety of Tukwila citizens by keeping current with the most recent fire code requirements; and WHEREAS, to achieve this end, the City Council has determined to update its current fire prevention and protection regulations by adopting the 2009 Edition of the International Fire Code and appendices; and WHEREAS, the City Council desires to utilize its personnel resources in the most efficient mariner, and increased demands have reduced the time available to complete inspections in a timely manner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 16.16 shall read as follows: Chapter 16.16 INTERNATIONAL FIRE CODE Sections: 16.16.010 Adoption of the International Fire Code. 16.16.020 Enforcement. 16.16.030 Definitions. 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. 16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited. 16.16.070 Amendments to the International Fire Code. 16.16.080 Fees. 16.16.085 Exceptions. 16.16.090 Appeals. 16.16.100 New Materials, Processes or Occupancies which may Require Permits. 16.16.110 Violations Penalties. 16.16.120 Conflicts with Existing Codes and Ordinances. Section 2. TMC Section 16.16.010 shall read as follows: 16.16.010 Adoption of the International Fire Code. Pursuant to RCW 35.21.180, that certain code of technical regulations known as the International Fire Code and Appendices B, C and D, except Section D -107 is not adopted, 2009 Edition) and any amendments thereto published by the Western Fire Chiefs Association and the International Conference of Building Officials, is hereby adopted by this reference as if fully set forth, subject to the modifications and amendments set forth in TMC Chapter 16.16. One copy of said Fire Code shall be maintained on file in the office of the City Clerk for public use and inspection. Page 1 of 6 25 26 Section 3. TMC Section 16.16.020 shall read as follows: 16.16.020 Enforcement. A. The International Fire Code shall be enforced by the Fire Prevention Bureau in the Fire Department of the City, which is operated under the supervision of the Chief of the Fire Department. B. There shall be a Fire Marshal in charge of the Fire Prevention Bureau who shall be appointed by the Chief of the Fire Department on thii basis of an examination to determine his qualifications. Section 4. TMC Section 16.16.030 shall read as follows: 16.16.030 Definitions. A. Wherever the word "jurisdiction" is used in the International Fire Code, it means the area within the city limits of the City of Tukwila, Washington. B. Wherever the words "Fire Code Official" are, used in the International Fire Code, they mean the Fire Marshal in charge of fire prevention. Section 5. TMC Section 16.16.040 shall read as follows: 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Inks is to be Prohibited. The storage of flammable or combustible liquids in outside aboveground storage tanks is prohibited within the City, except as conditioned below: 1. Aboveground storage tanks shall meet the requirements of Chapter 34 of the International Fire Code. 2. Tanks containing Class L II or III -A liquid shall not exceed 12,000 gallons individual or 24,000 gallons aggregate. 3. Installation of aboveground tanks shall be subject to berming and screening as required by the Public Works and Planning Departments respectively. 4. Installation of aboveground tanks shall be limited to MIC, LI or CLI zones. Section 6. TMC Section 16.16.050 shall read as follows: 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in Chapter 38, Section 3804.2 of the International Fire Code, in which storage of liquefied petroleum gas is restricted, shall apply throughout the City. NFPA 58 shall be used as the installation guide for all; propane systems. Section 7. TMC Section 16.16.060 shall read as follows: 16.16.060 Establishment of Limits of Districts in "which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred j to in Chapter 33, Section 3304 of the International Fire Code, in which storage of explosives and blasting agents is prohibited, shall apply throughout the City. Section 8. TMC Section 16.16.070 shall read as follows: 16.16.070 Amendments to the International Fire Code. A. Portable fire extinguishers shall be installed in all occupancies. No exceptions will be allowed. B. Adequate ground ladder access shall be provided to all rescue windows above the first story. Landscape a flat, 12 -foot deep by 4 -foot wide area below each required rescue window. C. Section 503 of the International Fire Code (j 2009 edition) adopted by this chapter is hereby amended to read as follows: Section 503.2 1. General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. 2. Definitions. The following definitions shall apply in the interpretation and enforcement of this section: a. "Fire apparatus access road(s)" mean that area within any public right -of -way, easement, or private property designated for the p}hrpose of permitting fire trucks and other firefighting or emergency equipment to use, travel upon and park. W. \Word Processing Ordinances \Fire Code.docx DT:ksn 06 /15/2010 Page 2 of 6 b. `Park," "parking," "stop," "stand" or "standing" means the halting of a vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or fire official or traffic signal or sign. c. "Vehicle" means a machine propelled by power, other than human power, designed to travel along the ground or rail, by the use of wheels, treads, runners or slides, and shall include, without limitation, truck, automobile, trailer, motorcycle, tractor, buggy, wagon and locomotive. 3. Requirements Standards. a. When required by the Fire Department, hard- surfaced fire apparatus access road(s) shall be provided around facilities which, by their size, location, design or contents warrant access which exceeds that normally provided by the proximity of city streets. b. Fire apparatus access road(s) shall be required when any portion of an exterior wall of the first story is located more than 150 feet from Fire Department vehicle access. 4. Surface. Fire apparatus access road(s) shall be either asphalt or reinforced concrete, a minimum two inches thick, or when specifically authorized by the Fire Department, compacted crushed rock or other alternate surfaces may be used. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. 5. Width. The minimum unobstructed width of a fire apparatus access road shall not be less than 20 feet. 6. Aerial Apparatus Access Roads. Aerial apparatus access roads shall not be less than 26 feet in width. 7. Vertical clearance. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Exceptions: a. When conditions prevent the installation of an approved fire apparatus access road, the Fire Marshal may permit the installation of a fire protection system or systems in lieu of a road. b. When there are not more than two Group R, Division 3 or Group U occupancies, the requirements of this section may be modified, provided that in the opinion of the Fire Marshal, firefighting or rescue operations would not be impaired. c. Clearances or widths required by this section may be increased, when in the opinion of the Fire Marshal, clearances or widths are not adequate to provide fire apparatus access. 8. Turning Radius. The turning radius of a fire apparatus access road shall be approved by the Fire Marshal. 9. Turnarounds. All dead -end apparatus access roads in excess of 150 feet shall be provided with approved provisions for the turning around of fire apparatus. 10. Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the International Building Code or other regulations adopted by the City and shall use designed Iive Ioading sufficient to carry the imposed loads of fire apparatus. 11. Grade. The gradient for a fire apparatus access road shall not exceed 15% with a cross slope no greater than 5 12. Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 13. Signs. a. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. b. Fire apparatus access roads shall be identified by painting the curb yellow and a 4- inch -wide line and block letters 18 inches high, painted in the lane, at 50 -foot intervals, stating, "FIRE LANE NO PARKING," color to be bright yellow, or by the posting of signs Vd: \Word Processing Ordinances \Fire Code.docx DT:ksn 06/15/2010 Page 3 of 6 27 2 stating, "FIRE LANE NO PARKING," and painting the curb. Signs shall be posted on or immediately next to the curb line or on the building. Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting color, readily readable from at least a 50 -foot distance. Signs shall be spaced not further than 50 feet apart, nor shall they be more than four feet from the ground. c. Residential fire apparatus access roads shall be marked with signs described in (b) above; no striping or painting shall be required. 14. Parking Prohibited. Except when necessaiy to avoid conflict with other traffic, or in compliance with the direction of a police or fire official, or traffic control sign, signal or device, no person shall stop, stand or park a vehicle, whether occupied or not at any place where official fire lane signs are posted, except: a. Momentarily to pick up or discharge a passenger or passengers, or b. Temporarily for the purpose of and while actually engaged in loading property. 15. Fire Apparatus Road(s) as part of Driireways and/or Parking Areas. The Fire Department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in TMC Section 16.16.070C.13.b of TMC Section 16.16.070C.13.c. 16. Existing Buildings. When the Fire Department determines that a hazard, due to inaccessibility of fire apparatus, exists around existing buildings, they may require fire apparatus access road(s) to be constructed and maintained. 17. Enforcement. It shall be the duty of the Tukwila Fire Marshal and/or the authorized designee(s) to enforce Subsection 503.2. 18. Violation Penalty. Any person violating any of the provisions of Section 503.2 shall be guilty of a misdemeanor, and upon conviction, shall result in a fine of not more than $75.00 or by imprisonment for not more than 30 days; or by both such fine and imprisonment. Section 9. TMC Section 16.16.080 shall read as follows: 16.16.080 Fees. A. Permit Fees: A fee of $100.00 shall be charged for each permit required by the International Fire Code. B. Plan review fees for alternative fire protection systems are as follows: Commercial: For 1 -5 devices /heads: Base fee $100.00 Commercial: For 6 or more devices /heads: Base fee $200.00 $1.50 per device /head in excess of 10 Resubmittal: Fee $200.00 C. Re- inspection Fees: 1. Re- inspection Fees for New Construction and Tenant Improvements. When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.00 will be asessed. 2. Re- inspection Fees for Company Level nspections. A re- inspection fee of $60.00 will be assessed when, on the follow -up inspection 30 days after the initial company level inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $85.00 will be assessed when, on a second follow -tip inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of $110.00 will be assessed when, on a third follow -up inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $135.00 will be assessed when, on a fourth and subsequent follow -up inspections, the inspector finds that the violations have not been corrected. 3. Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. D. Penalties: The following penalties shall apply to these violations of the Fire Code: W:\ Word Processing \Ordinances \Fire Code.docx DT:ksn 06/15/2010 Page 4 of 6 IFC Section 109.2.2 111.1 111.4 109.2.4 503.4 609.3.3 901.6.1 901.7 904.11.6 1003.6 TMC Section 16.40.110 1N: Word Processing Ordinances \Fire Code.docx DT.ksn 06/15/2010 Offense 1 Non compliance with orders and notices Unlawful continuance of a hazard Non compliance with a Stop Work Order Unlawful removal of a tag Illegal parking on fire apparatus access roads 1 Failure to: Clean commercial kitchen hoods Failure to: Maintain fire protection systems Failure to: Conduct a required fire watch I Failure to: Maintain commercial cooking extinguishing systems 1 Failure to: Maintain means of egress continuity Failure to: Provide required UL central station monitoring Bail $5,000.00 $5,000.00 $5,000.00 $5,000.00 $100.00 $500.00 $500.00 $500.00 $500.00 $250.00 $500.00 E. Other Violations: Bail for all other violations is $150.00 plus court costs. Fines are forfeitable on the first offense and mandatory appearance is required on second offense. F. False Alarms: 1. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. False alarms, in excess of two per year, shall be fined under the following schedule: a. First false alarm no fine, warning b. Second false alarm no fine, warning c. Third false alarm $25.00 fine d. Fourth and subsequent false alarms $50.00 fine 2. The number of false alarms shall be calculated by calendar year beginning January 1 and ending December 31. Section 10. TMC Section 16.16.085 shall read as follows: 16.16.085 Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. Section 11. TMC Section 16.16.090 shall read as follows: 16.16.090 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 12. TMC Section 16.16.100 shall read as follows: 16.16.100 New Materials, Processes or Occupancies which may Require Permits. The Planning Director, the Fire Chief and the Fire Marshal of the Fire Prevention Bureau shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials processes or occupancies for which permits are required, in addition to those now encumbered in said code. The Fire Marshal of the Fire Prevention Bureau shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 13. TMC Section 16.16.110 shall read as follows: 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.16, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to Page 5 of 6 29 30 continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 14. TMC Section 16.16.120 shall read as fellows: 16.16.120 Conflicts with Existing Codes and O{dinances. Whenever any provision of the International Fire Code or Appendices adopted by his ordinance conflicts with any provision of any other adopted code or ordinance of the City, the provision providing the greater or most effective protection shall govern. Section 15. Repealer. Ordinance Nos. 2047, 2129 and 2166 are hereby repealed. Section 16. 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 cotlstitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 17. 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 on July 1, 2010, 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 \Fire Code.docx DT:ksn 06/15/2010 Jim Haggerton, Mayor Filed. with the City Clerk: Pass$d by the City Council: Publ ;shed: Effective Date: Ordinance Number: Page 6 of 6 CAS NUMBER: CATEGORY [Z] Discussion 1 1 Motion Z Resolution SPONSOR'S SUMMARY Fund Source: Comments: MigDate 6/14/10 Mtg Date 10- oco5" Meeting Date Prepared by Mayor:re4e221 1c-couticilreview 06/14/10 NG I1C) 06/21/10 NG I G.R ITEM INFORMATION COUNCIL AGI-;NDA SYNOPSIS Irntzals 1 ORIGINAL AGENDA DA 1E: JUNE 14, 2010 AGENDA ITEM TITLE An updated land use fee resolution incorporating hourly review fees and an ordinance moving the tree clearing permit fee from the Zoning Code to the fee resolution. iZ Ordinance Mtg Date 6/21/10 Mtg Date 6/21/10 Mtg Date MtsDate SPONSOR 1 1 Council 1 1 Mayor 1 1 Adm Svcs Z DCD fl Finance H Fire ri Legal 1 Pe7R Police 1 1 PW The proposed land use fee schedule would allow the City to recover more of the cost of permit review from applicants. It uses a hybrid fee approach that would retain fixed application fees for most routine permit types but charge a retainer and hourly fees for more complex, less predictable permits. This approach was discussed at the 4/26/10 Committee of the Whole. The Council is being asked to consider and approve the fee resolution as well as the ordinance. RIWIEWED BY 1 1 COW Mtg. EI CA&P Cmte IS1 F&S Cmte I 1 Transportation Cmte 11 Utilities Cmte 1 1 Arts Comm. 1 Parks Comm. 1 1 Planning Comm. DATE: 6/8/10 RECOMMENDATIONS: SPoNsoR/ADmiN. Department of Community Development COMMI1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT LFUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Bid Award Public Healing 1 1 Other MTG. DATE 1 RECORD OF COUNCIL ACTION 6/14/10 1 Forward to next Regular Meeting Mtg Date MTG. DATE ATTACHMENTS 6/14/10 Informational Memorandum dated 6/9/10 A Comparison of City Land Use Permit Fees B 2010-2012 Land Use Fee Proposal C Ordinance amending TMC 18.54 Tree Regulations in Draft Form D Land Use Fee Resolution in Draft Form Minutes from the Finance and Safety Committee Meeting of 6/8/10 6/21/10 Ordinance and Resolution in final form ITEM No. 31 32 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Processing Ordinances Tree Permit Fee.docx 6 /I5 /2010 Citv of Tuk Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1758, §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 18.54.100, TO MOVE THE TREE CLEARING PERMIT FEE INTO THE LAND USE FEE TABLE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the processing fee for tree clearing permits has not changed since adoption of the tree ordinance in 1995; and WHEREAS, the codified fee of $25.00 is no longer sufficient to cover the City's costs to provide this review; and WHEREAS, all other land use fees have been removed from the Zoning Code and adopted separately by the City Council in a land use fee resolution; and WHEREAS, the City Council desires to move the tree clearing permit fee to the land use fee resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1758, §1, as codified at Tukwila Municipal Code Section 18.54.100, is hereby amended to read as follows: 18.54.100 Permit Application Fee A. Fee required: A non refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. B. Fee: The City shall collect a fee for processing a Tree Clearing Permit per TMC Section 18.88.010, except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land altering activity approved under a Land Altering Permit. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 1 of 1 33 34 Cater of Tukwii Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LAND USE FEE SCHEDULE, AND REPEALING RESOLUTION NO. 1672. WHEREAS, the City intends to update land use permit fees on an annual basis with any increases tied to growth in City expenses for providing land use services; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, the City has studied its costs related to providing land use services and found the current fees do not cover the City's expenses and need to be increased; and WHEREAS, budget constraints prevent the City from retaining the lower fee schedule for LDR zoned properties; and WHEREAS, the City has determined the fee increase will take effect July 1, 2010; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Land use permit and processing fees will be charged according to the following schedule: Permit Type Appeal Zoning, Sign, SEPA, Subdivision Code (P- Appeal)* Binding Site Improvement Plan (TMC Chapter 17.16) (P -BSIP) 1 Boundary Line Adjustment (P- BLA /LC) Code Interpretation (TMC Section 18.96.020) Comprehensive Plan Amendment (TMC Chapter 18.80) (P -CPA) Conditional Use Permit (P -CUP), Shoreline CUP Design Review (TMC Section 18.60.030) (P -DR) Administrative Public Hearing Major Modification Minor Modification Lot Consolidation (P-BLA/LC) Noise Variance (TMC Chapter 8.22) Type I Type II Type III Planned Residential Development Administrative (TMC Section 18.46.110) (P -APRD) Public Hearing (TMC Section 18.46.110) (P -PRD) Minor Modification (TMC Section 18.46.130) Major Modification (TMC Section 18.46.130) Rezone Map Change (TMC Chapter 18.84) (P -R) Reasonable Use Exception to SAO (TMC Section 18.45.180)* Sensitive Area Master Plan Overlay (TMC Section 18.45.160) (P -SAMP) W\Word Processin_skResolutions\Land Use Fee Schedule 2011- 2012.doc PB:ksn 6/15/2010 2010 -2011 2012 Plus any review Fee/ Fee/ hours over Retainer Retainer retainer $515 $3,330 $3,497 $1,463 1 $1,536 $304 $319 $3,955 $4,153 $3,385 1 $3,554 1 $1,950 1 $3,495 1 $1,195 $543 1 $543 $423 $570 $1,269 1 $1,895 $4,875 $515 $2,115 $3,495 $2,925 $4,875 1 $541 hours over 5 $2,048 $3,670 1 $1,255 $570 $570 $444 1 $599 1 $1,332 1 $5,119 hours over 40 $1,990 $5,119 1 hours over 50 1 $541 1 1 $2,221 $3,670 hours over 35 1 $3,071 hours over 30 hours over 50 Page 1 of 3 35 36 Permit Type SEPA Environmental Review (TMC Title 21) (P -SEPA) SEPA Planned Action (P -PACT) SEPA Checklist SEPA EIS Fee SEPA Addendum Shoreline Environment Re- designation (P -Shore D) Shoreline Permit Exemption (TMC Chapter 18.44) Shoreline Substantial Development Permit (TMC Chapter 18.44) (P- Shore) Project Value $5,000 10,000 $10,001 50,000 $50,001 500,000 More than $500,000 Signs (TMC Title 19) Temporary Sign Permit (P -T sign) Permanent Sign Permit (P -P sign) Master Sign Program Administration Master Sign Program BAR Special Permission (P -SP) Cargo Container (TMC Section 18.50.060) Landscape Perimeter Averaging (TMC Section 18.52.020) Parking Standard for Use Not Specified (TMC Section 18.56.100) Parking Variance, Modification or Waiver (TMC Sections 18.56.130 and 18.56.140)* Parking Lot Re- striping Residential Parking Reduction (TMC Section 18.56.065) Shared, Covenant and Complementary Parking Reduction (TMC Section 18.56.070) Sensitive Area Deviation, Buffer Reduction (TMC Chapter 18.45) Single Family Design Standard Exception (TMC Section 18.50.055) TSO Special Permission Use (TMC Section 18.41.060)* 1 Short Plat (TMC Chapter 17.12) (P -SS) 2-4 Lots 1 5 -9 Lots Subdivision Preliminary Approval (TMC Chapter 17.14) (P -SUBP) 1 Subdivision Final Approval (P -SUBF) Tree Clearing Permit and Exception (TMC Chapter 18.54) (P -Tree) 1 Unclassified Use Permit (TMC Chapter 18.66) (P -UU) 1 Variance Zoning, Sign, Shoreline (P -VAR) Wireless Communication Facility (TMC Chapter 18.58) (P -Wire) Minor 1 Administrative 1 Major or Height Waiver Zoning Code Text Amendment (TMC Chapter 18.80) (P -Code) W \Word Processing\Resolutions\Land Use Fee Schedule 2011- 2012.doc PB ksn 6/15/2010 2010 -2011 Fee/ Retainer $1,030 $2,410 $3,845 $4,875 $92 1 $212 1 $1,895 1 $3,035 1 $515 1 $515 $515 $515 $515 $1,435 $515 $846 $3,330 $3,497 1 $3,790 $3,980 1 $50 $4,875 1 $2,465 1 $515 $1,463 $2,925 1 $3,955 $4,153 2012 Plus any review Fee/ hours over Retainer retainer $515 $541 $1,490 $1,565 $3,035 1 $3,187 1 hours over 301 $515 1 $541 $3,495 1 $3,670 hours over 301 $212 1 $222 $1,082 1 $2,531 1 hours over 25 $4,037 hours over 40 $5,119 hours over 50 $97 $222 $1,990 $3,187 1 $541 1 $541 $541 hours over 5 $846 $888 hours over 8 $515 $541 $541 $541 $1,507 $541 $888 hours over 5 hours over 15 $4,875 $5,119 hours over 50 $3,035 $3,187 1 hours over 301 $53 hours over 2 $5,119 hours over 501 $2,588 1 $541 $1,536 1 $3,071 1 All Hearing Examiner costs will be passed through to the applicant. The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. Page 2of3 37 38 Fee Type Annexation (P- Annex) Development Agreement (P -DA) Legal Lot Verification Mailing Label Fee for City to generate labels Pre Application Meeting (PREAPP) Public Notice Mailing Fee Zoning Verification Letter 2010 -2011 2012 Fee/Retainer Fee/Retainer $5,150 $5,408 $1,895 $1,990 $488 $512 $400 $420 $423 $444 $1 per address, per mailing $304 $319 Plus any review hours over retainer hours over 20 The application fee covers the specified number of o eview hours. Hours over this retainer will be charged at $92.00 per hour. Section 2. Resolution No. 1672, dated December 1, 2008, is hereby repealed, effective July 1, 2010. 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\Resolutions \Land Use Fee Schedule 2011- 2012.doc PBksn 6/15/2010 Dennis Robertson, Council President Filed with the City Clerk: Pas by the City Council: Resolution Number: Page 3 of 3 CAS NUMBER: C.- 1TEGORY SPONSOR SPONSOR'S SUMMARY RFArIEWED BY MTG. DATE 6/14/10 6/21/10 Discussion Motion n Resolution Mtg Date 6/14/10 Mtg Date n COW Mtg. Utilities Cmte COUNCIL AGNIVDA .SYNOPSIS Meeting Date Prepared by 06/14/10 SH 1 16. L 06/21/10 SH I ITEM INFORMATION I ORIGINAL AGENDA DATE: JUNE 14, 2010 AGENDA NDA ITEM TITLE An Interlocal Agreement for Animal Control Council is being asked to authorize the Mayor to execute an interlocal agreement with King County for the provision of animal services in Tukwila. Such services include field officer coverage, pet licensing, and sheltering at the County's facility in Kent. The interlocal agreement is for a two and one -half year period, effective July 1, 2010. The City will continue to investigate opportunities for partnership for providing these services during the contract period with the County. Mtg Date Council 1 Mayor Adm Svcs n DCD Finance !Fire 1 !Legal 1 P &R L.1 Police PW CA &P Cmte Arts Comm. Ma evieiv ounciI review Mtg Date Initials Ordinance F &S Cmte 1 Parks Comm. Bid Award U Public Hearing Other Mtg Date Mtg Date Mfg Date 6/21/10 I MTG. DATE RECORD OF COUNCIL ACTION 6/14/10 Forward to next Regular Meeting 6/21/10 1 ATTACHMENTS Informational Memorandum dated 6/2/2010 Animal Services Interlocal Agreement Executive Summary from 4/26/10 Council packet Minutes from the Finance and Safety Committee meeting of 6/8/10 No attachments ITEM No. Transportation Cmte Planning Comm. DATE: 6/8/2010 RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $41,000 $38,000 $3,000 Fund Source: GENERAL FUND Comments: 39 40 CAS NUMBER: AGENDA ITEM TITLE Fire Services Options SPONSOR'S SUMMARY REVIEWED BY Fund Source: NA Cornments: MTG. DATE 06/14/10 06/21/10 MTG. DATE 06/14/10 06/21/10 COUNCIL AGHIVDA SYNOPSIS Initials Meeting Date Prepared by Mayoa%rrer{iew 17 council ouncil review 06/14/10 SJl. T4-l1 06/21/10 I SJL 2 li a I I I 1 ITEM INFORMATION !ORIGINAL AGENDA DATE: JUNE 14, 2010 CATEGORY Discussion Motion I Resolution U Ordinance 1 !Bid Award I 1 Public Hearing 1 I Other Mtg Date 06/14/10 Mtg Date 06/21/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR 1 Council Mayor 1 l Adm Svcs U DCD Finance Fire n Legal n P&R I I Police n Piz ITEM No. Consider potential fire service options and form an Exploratory Committee to evaluate forming or joining a Regional Fire Authority. II COW Mtg. Utilities Cmte CA &P Cmte n Arts Comm. II DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Form Exploratory Committee COMMITTEE EXPINDITURE REQUIRED $o n F &S Cmte 1 1 Transportation Cmte Parks Comm. n Planning Comm. COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum regarding "Fire Services Options" dated June 10, 2010 Comparison of Fire Service Options City of Tukwila Map of Fire Service Areas of South King County Frequently Asked Questions, Wa Fire Chiefs and Wa St Council of Fire Fighters No attachments 41 42 !CAS NUMBER: 10-072 AGENDA ITEM TITLE Moratorium on certain types of signage. CATEGORY SPONSOR Council Ma n Adm Svcs DCD n Finance n Fire 1 1 Legal U P&R Police n PTV SPONSOR'S SUMMARY REVIEWED BY Mtg Date 06/21/10 Mtg Date MTG. DATE 06/21/10 Discussion Adoption of a moratorium on the acceptance of applications for electronic signs, signs that utilize holographic displays, animated signs, billboards, freeway interchange signs, and freestanding signs taller than six feet in height. II COW Mtg. Utilities Cmte I COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayoj view 1 Council review 06/21/10 BM I (,JLR 1 Motion n Resolution Ordinance 1 1 Bid Award I I Public Hearing 1 1 Other II ITEM INFORMATION ORIGINAL AGENDA DATE: JUNE 21, 2010 Mtg Date CA &P Cmte Arts Comm. Lzitials Mtg Date 06/21/10 Mtg Date F &S Cmte Parks Comm. DATE: No Committee assisgnment due to emergency RECOMMENDATIONS: SPONSOR /ADMIN. Adopt moratorium as presented. COMMIT EE No Committee assignment due to emergency COST. IMPACT f FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 06/21/10 Informational Memorandum dated June 14, 2010 Ordinance in Final Form ITEM No. Mtg Date Mtg Date n Transportation Cmte Planning Comm. 4 :3 44 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Regular Council FROM: Nora Gierloff, Community Development Deputy Director DATE: June 14, 2010 SUBJECT: Sign Code Moratorium ISSUE The moratorium that the City previously had in place prohibiting the construction of certain types of signs has expired. The Department of Community Development (DCD) staff is requesting that the moratorium be readopted for six months to allow sufficient time to adopt the new sign code. TO: BACKGROUND In the fall of 2008, DCD staff determined that the Sign Code Advisory Committee recommendations would prohibit some sign types allowed under the existing sign code. In October of 2008, the City Council adopted a moratorium on the installation of these signs within the City to prevent businesses from investing in signs that could become non conforming under the new Sign Code. The following sign types were covered under the moratorium: 1. Animated and electronic signs 2. Freestanding signs taller than six feet. 3. Freeway Interchange Signs. 4. Billboards Throughout the past year, the City has been working extensively to write a new sign code. In the fall of 2009, the Planning Commission conducted several work sessions on the new code, and in the spring they forwarded a draft sign code to the City Council for the Council's review and consideration. The current moratorium has expired and staff would like to readopt it until the sign code update process is complete. At the Community Affairs and Parks Committee meeting on June 14, 2010, the City Council received their first briefing on the draft code forwarded to them by the Planning Commission. Staff is anticipating that adoption of the sign code could occur by the end of the summer; thus the entire six month moratorium may not be needed. If the new sign code is adopted before the end of the six month period, staff will bring an ordinance repealing the moratorium to the Council. ANALYSIS The moratorium has prevented the installation of new signs that may be rendered non- conforming when the new sign code is adopted and for this reason should be renewed. RECOMMENDATION The City Council is being asked to adopt the attached Ordinance. The City is required to hold a public hearing within 60 -days of adoption of an emergency moratorium. Staff is proposing that the public hearing be held no later than August 16, 2010. ATTACHMENTS Ordinance in Final Form W: \2010 InfoMemos \SignMoratorium6- 21- 10.doc 45 46 ty of Tukwii Washington Ordinance No. W.1Word Processing \Ordinances \Sian Code Moratorium NEW.docx ksn 6/15/2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code the Sign Code regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current Sign Code is out of -date and needs to be updated in order to address the complexity of development issues within the City; and WHEREAS, the City desires to limit the number of signs that might be rendered non conforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City that would result from a staged amortization program; and WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165, establishing a six -month moratorium on the filing of sign, development and electrical permits for certain types of electronic signage within the City; Ordinance No. 2170 adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180 and 2202, expanded by Ordinance No. 2208, and renewed again by Ordinance Nos. 2225 and 2246; and WHEREAS, the City Council and Planning Commission were briefed on various Sign Code issues at a joint meeting on October 25, 2007; and WHEREAS, on February 4, 2008 the City Council adopted Resolution No. 1656, which called for the creation of a Sign Code Advisory Committee to assist City staff in the creation of a new Sign Code; and WHEREAS, since July of 2008 the Committee has met a total of six times to discuss the various issues associated with the creation of a new Sign Code, and has developed recommendations to limit certain types of signage, in order to improve the visual appearance of the City; and WHEREAS, on January 29, 2009, the City Council and Planning Commission were briefed at a joint meeting on the recommendations of the Sign Code Advisory Committee; and WHEREAS, in the Fall of 2009, the Planning Commission conducted work sessions to review in detail the recommendations of the Sign Code Advisory Committee; and WHEREAS, on March 18, 2010, the Planning Commission, conducted a public hearing, on the proposed draft Sign Code; and WHEREAS, on April 22, 2010, the Planning Commission, adopted a motion recommending that the City Council adopt a new Sign Code; and WHEREAS, on June 14, 2010, the Community Affairs and Parks Committee received their first briefing on the new Sign Code; and Page 1 of 3 47 48 WHEREAS, the entire City Council will likely begin their review of the new Sign Code in the summer of 2010; and WHEREAS, the current moratorium has since expired before the new Sign Code has been adopted; and WHEREAS, the City has received and will continue to receive applications for a variety of signs that may conflict with the City's update to TMC Title 19, "Sign Code," and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City may adopt an emergency moratorium for a period of up to six months, providing it holds a public hearing on that moratorium within 60 days after its adoption; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update TMC Title 19, "Sign Code." Section 3. Moratorium Imposed. A. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re- erection, construction or alteration of any sign that would be classified as an "Electronic Sign," as defined under TMC Section 19.08.055; any sign that would be classified as an "Animated Sign," as defined under TMC Section 19.08.030; any sign that displays a "Holographic Display," as defined under TMC Section 19.08.105; and any sign considered a "Scoreboard," under TMC Section 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC Section 19.12.050, "Exceptions- Permits Not Required," and TMC Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. B. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re- erection, construction or alteration of any sign that would be classified as a billboard under TMC Section 18.08.050. Existing billboards may continue to replace their existing copy, pursuant to the limitations established under TMC Title 19. C. A moratorium is hereby established on the filing of sign, development and electrical permits for erection, re- erection and construction of any sign, taller than six feet in height that would be classified as a "freestanding sign," as defined under TMC Section 19.08.070. Height shall be determined pursuant to TMC Section 19.08.100. Nothing in this moratorium shall be construed to prevent the maintenance of an existing freestanding sign, provided the maintenance is consistent with the limitations specified in TMC Section 19.12.050, "Exceptions- Permits Not Required," and TMC Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with TMC Title 19 may have face changes and install panels, subject to the permit requirements of TMC Section 19.12.010 and other applicable sign development standards found in TMC Title 19. D. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of any "freeway interchange sign," as permitted under TMC Section 19.32.140(E)(2). Nothing in this moratorium shall be construed to prevent the maintenance of an existing freeway interchange sign, provided the maintenance is consistent with the limitations specified in TMC Section 19.12.050, "Exceptions- Permits Not Required." Existing freeway interchange signs shall not be permitted to install new sign panels or change the copy of the freeway interchange sign until the moratorium is no longer in effect. W \Word Processing \Ordinances \Sign Code Moratorium NEW docx ksn 6/15/2010 Page 2 of 3 49 50 Section 4. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of findings of fact. Section 5. Public Hearing to be Held. A public hearing on the issues of the moratorium shall be held not later than 60 days after the date of adoption of this ordinance. Section 6. 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 7. Effective Date. The Tukwila City Council hereby declares an emergency, necessary for the protection of the public health, public safety, public property and public peace. This public emergency ordinance shall take effect and be in full force immediately upon adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the "Whereas" clauses above, all of which are adopted by reference as Findings of Fact as if fully set forth herein. 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 \Sign Code Moratorium NEW docx ksn 6/152010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 3 of 3 Upcoming Meetings Events JUNE JULY 2010 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) Transportation 7 Finance 7 COPCAB, Sound Transit Public Corte, Safety Corte, 6:30 PM Meeting on Link 5:00 PM 5:00 PM (CR 45) Train Noise Issues (CR #1) (CR #3) 5:30 to 8:00 PM (presentation at 6:00) City Council City Council Foster High School Regular Mtg., Special Mtg. 7:00 PM (Budget (Council Work Chambers) Session), 6:00 PM (Council to Chambers) For more information contact Roger Pence at 206- 398 -5465 or roge. pence@ soundtransit. org 7 City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) `7 Planning Commission, 6:30 PM (Council Chambers) 25th (Friday) 26th (Saturday) Marathon and 1/2 Marathon start in Tulcwila at 7:00 AM www. s eattl e. com peti tor. corn, and click on "Event Information." Scroll down for road closure and spectator information or to sign up to volunteer. Tukwila Int'1. Blvd. Action Cmte's Trash Pickup Day 9:00 10:00 AM For location contact Rick al rick@forschler.org 28th7(Mdiidayj"-i:. `.29th (Tuesday):` '30th (Wednesday) 1st; (Thursday)' 2nd "(Friday,' L 3rd (Saturday)' 7 Community 7 Utilities 7 F3 z: Diversity Affairs Cmte, G Parks Cmte, 5:00 PM CANCELLED 5: 00 PM (CR #1) (CR 83) SUNDAY, JULY 4 Family 4th at Fort Dent Park 2:00 to 11:00 PM (Fireworks star! at 10 PM sharp) Activities, entertainment, food vendors and fun! For more information call 206- 768 -2822 City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. 7 City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. 7 Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. 7 COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rrn 45. Phi Huynh (206 -433- 7175). 7 Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206 -433 -7175. >Domestic Violence Task Force: Qtly, 12 NOON (2010 3/18, 6/17, 9/16, and 12/16). Contact Stacy Hansen at 206 433 -7181, >Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room 43. Contact Joyce T, antina at 206- 433 -1850 Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 6/22/10 meeting: (A) Two resolutions for surplus fire equipment. (B) Investment policy. (C) Travel policy update. (D) Sales tax report. Human Services Providers: Quarterly, 11:30 AM, TCC (2010 3/19, 6/18, 9/17, and 12/3). Contact Stacy Hansen at 206- 433 -7181. 7 Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 -767 -2342. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. >Transportation Committee: lst 3rd Mon., 5:00 PM, Conf. Room 41. Agenda items for 6/21/10 meeting.: (A) I1'alk Roll Plan, TUC Access and TUC Pedestrian Bridge multiple grant applications. (B) Strander Blvd. Extension to SW 27th St. status update. 7 Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dove Haynes at 206 -433 1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 41. 51 52 Tentative Agenda Schedule June July 5 Independence Day (observed) (City offices closed) 7 6 (Tuesday) Special Presentation: Information on the Highline Botanical Garden Foundation (Wendy Morgan) Unfinished Business: Comprehensive Plan amendments (public meeting format) Noise regulations (reference 6 -28 -10 agenda) Sign Code update ordinance REGULAR MEETING TO BE FOLLOWED BY A BUDGET WORK SESSION Special Issues: Parks and Recreation reduction plan review 14 12 6:30 rm EXECUTIVE SESSION Special Presentation: Proclamation recognizing Parks e Recreation month Special Issues: Review of Council budget decisions to date (public meeting format) Budget implemen- tation schedule 21 See agenda packet cover sheet for this week's agenda (June 21, 2010 Regular Meeting) 19 Special Presentations: Presentation by the Girl Scouts of a donation to the Police Department K -9 unit Employer support of the Guard and Reserve presenta- tion to Tukwila Police Department and City New Business: Adopt revenue enhancements and implement program/ service reductions where possible 28 Public Hearing: Sign Code update ordinance Special Issues: Comprehensive Plan amendments (public meeting format) Noise regulations 1. Ordinance updating regulations to clarify definitions, requirements and enforcement 2. Ordinance amending the Zoning Code to reflect changes based on new noise re gulations 3. Resolution to include a Noise Fee Schedule Sign Code update ordinance Review planned revenue enhance- ments (utility tax, business license, RGRL, permit fees) as well as potential "voter approved" revenue enhancements 26 Special Issues: Presentation on status of labor negotiations, and Council discussion of next steps (budget)