HomeMy WebLinkAboutReg 2015-05-04 COMPLETE AGENDA PACKETTukwila City Counci/ Agenda
• ❖ REGULAR MEETING ❖
Jim Haggerton, Mayor Counci /members: • :- Joe Duff ie • :- Dennis Robertson
David Cline, City Administrator Allan Ekberg • :- Verna Seal
Kate Kruller, Council President Kathy Hougardy De'Sean Quinn
Monday, May 4, 2015; 7:00 PM • Ord #2474 • Res #1859
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL
PRESENTATION
Tukwila Village status update. Derek Speck, Economic Development Administrator.
3. PROCLAMATION
A proclamation for "Peace Officers Memorial Day."
Pg.1
4. 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.
5. CONSENT
a. Approval of Minutes: 4/20/15 (RegularMtg.)
AGENDA
b. Approval of Vouchers.
c. An ordinance granting a non - exclusive franchise to the Zayo Group,
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LLC, for the purpose of constructing, operating and maintaining a
telecommunications system in certain public rights -of -way in the City.
(Reviewed and forwarded to Consent by the Utilities Committee on
4/28/15.)
6. UNFINISHED
a. An ordinance renewing a moratorium on the establishment, location,
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BUSINESS
operation, licensing, maintenance or continuation of medical cannabis
collective gardens or dispensaries.
b. An ordinance reenacting Tukwila Municipal Code Chapter 12.08 to
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update park rules and regulations.
c. Authorize the Mayor to sign a 5 -year lease with NCWP— Andover
Pg.41
Executive Park, LLC, and the Tukwila Police Officers Guild to facilitate
the Police Physical Fitness Program.
Please refer to 4127115 C.O. W. packet. Q
d. "Tukwila, City of Opportunity Scholarship" recipients:
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(1) Authorize the award of a $4,000 "Tukwila, City of Opportunity
Scholarship" to Nandina Cengic.
(2) Authorize the award of a $3,000 "Tukwila, City of Opportunity
Scholarship" to Ada Jannina Arquiza.
(3) Authorize the award of a $3,000 "Tukwila, City of Opportunity
Scholarship" to Mamata Tamang.
Please refer to 4127115 C.O. W. packet. Q
(continued...)
REGULAR MEETING
Monday, May 4, 2015
Page 2
7. NEW BUSINESS
S. REPORTS
a.
Mayor
b.
City Council
c.
Staff - City Administrator Report
Pg.45
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 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video 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 riles of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens 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 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. 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 2nd and 4th Mondays at 7:00 p.m.
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 CITIZENS COMMENTS. Please limit your comments to 5 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 on 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.
2. 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 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 and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
ILA, q Office I the Mayor
City of Tukwila., Washington
PROCLAMATION
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2908
WHEREAS, the Congress of the United States has designated the week
of May 10 through May 16 as National Police Week and May 15 as Peace
Officers' Memorial Day; and
WHEREAS, the law enforcement officer is our guardian of life and
property; defender of the right to be free; leader in the war against crime; and
dedicated to the preservation of life, liberty and the pursuit of happiness; and
WHEREAS, our community joins with other cities and towns to honor
all peace officers everywhere; as well as recognizes the service and sacrifice of
U.S. law enforcement; and
WHEREAS, the Tukwila Police Department will remember and honor
their fallen brother and sister officers by wearing a black band over their
badges on May 11; and
WHEREAS, the citizens of Tukwila also recognize May 11 as Peace
Officers' Memorial Day, when the flag at Tukwila City Hall will be flown and
half mast, In Memory of Many, in Honor of All; and
NOW THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do
hereby proclaim May 11, 2015:
Peace Officers' Memorial Day
in Tukwila and urge all citizens to remember those officers who gave their lives
serving the public.
Signed this 4th day of May, 2015.
Jim Hag , Mayor
COUNCIL AGENDA SYNOPSIS
Meeting Date
Pre are y
P p d b 11
Mayor.1reliew
Council review
05/04/15
.
BG
........ ..
Z Ordinance
Mt
,g Date 04128115
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council [:]Mayor [:] HR ❑ DCD [:]Finance [:]Fire [:]IT ❑ P&R [:] Police ❑ PV
SPONSOR'S Through its subsidiaries, Zayo Group LLC (Zayo) provides bandwith infrastructure
SUMMARY solutions for the communications industry in the US and Europe. Specifically, they provide
long haul fiber networks for carriers, financial services companies, healthcare,
government, educational institutions and other enterprises. Council is being asked to
approve the new ordinance for the franchise agreement that will allow Zayo to continue
operating in the City's right-of-way and facilitate future expansion projects.
REVIEWED BY ❑ cow Mtg. F-1 CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 04/28/15 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
05104/15
ITEM INFORMATION
ITEMNO.
5-C.
ISTAFF SPONSOR: BOB GIBERSON
I ORIGINAL AGENDA DATE: 05/04/15
AGENDA ITEM TITLE Ordinance Granting a Non-Exclusive Franchise Agreement with
Zayo Group LLC
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
Z Ordinance
Mt
,g Date 04128115
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council [:]Mayor [:] HR ❑ DCD [:]Finance [:]Fire [:]IT ❑ P&R [:] Police ❑ PV
SPONSOR'S Through its subsidiaries, Zayo Group LLC (Zayo) provides bandwith infrastructure
SUMMARY solutions for the communications industry in the US and Europe. Specifically, they provide
long haul fiber networks for carriers, financial services companies, healthcare,
government, educational institutions and other enterprises. Council is being asked to
approve the new ordinance for the franchise agreement that will allow Zayo to continue
operating in the City's right-of-way and facilitate future expansion projects.
REVIEWED BY ❑ cow Mtg. F-1 CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 04/28/15 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
05104/15
MTG. DATE
ATTACHMENTS
05/04/15
Informational Memorandum dated 04/14/15
Draft Ordinance with Exhibits
Minutes from the Utilities Committee meeting of 04/28/15
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, PW Director
BY: Frank Iriarte, Deputy PW Director
DATE: April 14, 2015
SUBJECT: Zavo Group LLC Franchise Ordinance
ISSUE
Approval of Zayo Group LLC Franchise Ordinance.
BACKGROUND
Headquartered in Boulder Colorado, Zayo Group LLC. (Zayo) was founded in 2007.
Through its subsidiaries, Zayo provides bandwidth infrastructure solutions for the
communications industry in the US and Europe. Specifically, they provide long haul fiber
networks for carriers, financial services companies, healthcare, government, educational
institutions and other enterprises.
DISCUSSION
Zayo's fiber optic system was constructed through joint fiber optic construction projects with
360 Networks, McLeodUSA Incorporated, and Williams Communications. As depicted in
Exhibited A of the Franchise ordinance, Zayo has an extensive fiber optic infrastructure in
the City.
The attached Franchise Agreement would allow Zayo to continue operating and maintaining
its fiber optic system in the City's right -of -way and facilitate future expansion projects.
FINANCIAL IMPACT
Under the terms of the Franchise, Zayo will pay a $5,000 administrative fee within 30 days
of franchise approval.
RECOMMENDATION
Council is being asked to approve the Ordinance that will grant a Franchise Agreement to
Zayo Group LLC., and consider this item May 5, 2015 Regular Council Meeting Consent
Agenda.
attachment: Draft Franchise Ordinance with Exhibits A & B.
WAPW Eng \Projects \Franchise \Info Memo Franchise Agreement -Zayo Group LLC.
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE
FRANCHISE TO ZAYO GROUP, LLC, LEGALLY AUTHORIZED
TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON,
FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND
MAINTAINING A TELECOMMUNICATIONS SYSTEM IN
CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, Zayo Group, hereinafter referred to as "Zayo," is a telecommunications
company that, among other things, provides voice and data services to customers,
including those in the Puget Sound region; and
WHEREAS, Zayo's desired route through the City of Tukwila, hereinafter referred to
as "City," requires the use of certain portions of City rights -of -way for the installation,
operation and maintenance of a telecommunications system; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of a telecommunications system is appropriate from the
standpoint of the benefits to be derived by local business and the region as a result of
such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way must
be restricted to allow for the construction of amenities necessary to serve the future needs
of the citizens of Tukwila and that the coordination, planning and management of the City's
rights -of -way is necessary to ensure that the burden of costs for the operations of non -
municipal interests are not borne by the citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and
regulate non - exclusive franchises for the use of public streets, right -of -ways and other
public property for transmission of communications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. Non - exclusive Franchise Granted.
A. The City hereby grants to Zayo, subject to the conditions prescribed in this
ordinance ( "Franchise Agreement "), the franchise rights and authority to construct,
replace, repair, monitor, maintain, use and operate the equipment and facilities
necessary for a telecommunications facility within the City -owned rights -of -way,
generally described in Exhibit A attached hereto, and hereinafter referred to as the
"Franchise Area."
B. The foregoing franchise rights and authority ( "Franchise ") shall not be deemed
to be exclusive to Zayo and shall in no way prohibit or limit the City's ability to grant
other franchises, permits, or rights along, over or under the areas to which this
Franchise has been granted to Zayo; provided, that such other franchises do not
unreasonably interfere with Zayo's exercise of franchise rights granted herein as
determined by the City. This Franchise shall in no way interfere with existing utilities or
in any way limit, prohibit or prevent the City from using the Franchise Area or affect the
City's jurisdiction over such area in any way.
C. This Franchise Agreement merely authorizes Zayo to occupy and use the
Franchise Area. Nothing contained herein shall be construed to grant or convey any
right, title, or interest in the Franchise Area to Zayo.
Section 2. Authority. The Director of Public Works or his or her designee is
hereby granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement and may develop such lawful and reasonable rules, policies and
procedures as he or she deems necessary to carry out the provisions contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in
full force and effect for a period of five years from the effective date of this ordinance.
However, this Franchise Agreement shall not take effect and Zayo shall have no rights
under this Franchise Agreement unless a written acceptance with the City is received
pursuant to Section 4 of this Agreement. If Zayo requests a Franchise renewal prior to
the expiration date, the City may, at the City's sole discretion, extend the term of this
Franchise Agreement for up to one year beyond the expiration date to allow processing
of renewal. If the City elects to extend the term of this Franchise, written notice of the
extension shall be provided to Zayo prior to the Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise Agreement and all the terms and conditions shall be filed with the City Clerk
within 30 days of the effective date of this ordinance in the form attached hereto as
Exhibit B. Failure on the part of Zayo to file said consent within 30 days of the effective
date of this ordinance shall void and nullify any and all rights granted under this
Franchise Agreement.
Section 5. Construction Provisions and Standards. The following provisions
shall be considered mandatory and failure to abide by any conditions described herein
shall be deemed as non - compliance wit[+ the terms of this Franchise Agreement and
may result in some or all of the penalties specified in Section 6.
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1. Permit Required. No construction, maintenance or repairs (except for
emergency repairs) shall be undertaken in the Franchise Area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of an
emergency, Zayo shall, within 24 hours of the emergency, obtain a permit from the City
of Tukwila's Public Works Department.
2. Coordination. All capital construction projects performed by Zayo within
the Franchise Area shall be inspected by a City inspector. All work and inspection shall
be coordinated with the Engineering Division of the Public Works Department to ensure
consistency with City infrastructure, future Capital Improvement Projects, all developer
improvements, and pertinent codes and ordinances.
3. Construction Standards. Any construction, installation, maintenance and
restoration activities performed by or for Zayo within the Franchise Area shall be
constructed and located so as to produce the least amount of interference with the free
passage of pedestrian and vehicular traffic. All construction, installation, maintenance
and restoration activities shall be conducted such that they conform to City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
4. Underground Installation Required. All telecommunications cables and
junction boxes or other vaulted system components shall be installed underground
unless otherwise exempted from this requirement, in writing, by the Public Works
Director.
5. Relocation.
a. The City shall have the right to require Zayo to alter, adjust, relocate,
or protect in place its facilities within the public right -of -way when reasonably necessary
for construction, alteration, repair, or improvement of any portion of the public rights -of-
way for purposes of public welfare, health, or safety ( "Public Improvements "). Such
Public Improvements include, by way of example but not limitation, public rights -of -way
construction; public rights -of -way repair (including resurfacing or widening); change of
public rights -of -way grade; construction, installation or repair of sewers, drains, water
pipes, power lines, signal lines, communication lines, or any other type of government -
owned communications, utility or public transportation systems, public work, public
facility, or improvement of any government -owned utility; public rights -of -way vacation,
and the construction of any public improvement or structure by any governmental
agency acting in a governmental capacity. In the event the City requires Zayo to
relocate its faciliites, the City shall provide Zayo with written notice requesting such
relocation, along with plans for the public improvement that are sufficiently complete to
allow for the initial evaluation, coordination and the development of a relocation plan.
The City and Zayo shall meet at a time and location determined by the City to discuss
the project requirements including critical timelines, schedules, construction standards,
utility conflicts, as -built requirements, and other pertinent relocation plan details. The
City shall notify Zayo as soon as practicable of the need for relocation and shall specify
the date by which relocation shall be completed. Except in case of emergency such
notice shall be no less than 30 days.
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b. To ensure timely execution of relocation requirements, Zayo shall,
upon written request from the City, provide at Zayo's expense, base maps, current as-
built information, detailed relocation plan (including detailed schedule of relocation
activities, identification of critical path, identification of facilities, and relocation
procedures), and other design, technical or operational requirements within the
timeframe specified by the City.
c. Zayo may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation within the time
specified by the City. Such alternatives shall include the use and operation of temporary
facilities in adjacent rights -of -way. The City shall evaluate such alternatives and advise
Zayo in writing if one or more of the alternatives are suitable to accommodate the work,
which would otherwise necessitate relocation of the facilities. If requested by the City,
Zayo shall submit additional information to assist the City in making such evaluation.
The City shall give each alternative proposed by Zayo full and fair consideration. In the
event the City, in its sole discretion, decides not to accept the alteratives suggested by
Zayo, Zayo shall relocate its facilities as otherwise specified in Section 5, subparagraph
5.
d. Upon final approval of the relocation plan by the City, Zayo shall, at its
own expense, unless otherwise prohibited by statute, and at the time frame specified by
the City, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the City
has determined that such removal, relocation, undergrounding, change or alteration is
reasonably necessary for the construction, repair, maintenance, installation, public
safety, or operation of any public improvement in or upon the rights -of -way.
e. If during the construction, repair, or maintenance of the City's public
improvement project an unexpected conflict occurs from Zayo's facilities, Zayo shall,
upon notification from the City, respond within 24 hours to resolve the conflict.
f. Zayo acknowledges and understands that any delay by Zayo in performing the
work to alter, adjust, relocate, or protect in place its facilities within the public rights -of-
way may delay, hinder, or interfere with the work performed by the City and its
contractors and subcontractors in furtherance of construction, alteration, repair, or
improvement of the public rights -of -way, and result in damage to the City, including but
not limited to, delay claims. Zayo shall cooperate with the City and its contractors and
subcontractors to coordinate such relocation work to accommodate the public
improvement project and project schedules to avoid delay, hindrance of, or interference
with such project.
g. Should Zayo fail to alter, adjust, protect in place or relocate any facilities
ordered by the City to be altered, adjusted, protected in place, or relocated, within the
time prescribed by the City, given the nature and extent of the work, or if it is not done to
the City's reasonable satisfaction, the City may, to the extent the City may lawfully do
so, cause such work to be done and bill the reasonable cost of the work to Zayo,
including all reasonable costs and expenses incurred by the City due to Zayo's delay.
In such event, the City shall not be liable for any damage to any portion of Zayo's
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system. In addition to any other indemnity set forth in this Franchise Agreement, Zayo
will indemnify, hold harmless, and pay the costs of defending the City from and against
any and all claims, suits, actions, damages, or liabilities for delays on public
improvement construction projects caused by or arising out of the failure of Zayo to
adjust, modify, protect in place, or relocate its facilities in a timely manner; provided that,
Zayo shall not be responsible for damages due to delays caused by the City.
6. Removal or Abandonment. Upon the removal from service of any service
antennas or other associated structures, facilities and amenities, Zayo shall comply with
all applicable standards and requirements prescribed by the City of Tukwila's Public
Works Department for the removal or abandonment of said structures and facilities. No
facility constructed or owned by Zayo shall be abandoned without the express written
consent of the City.
7. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, Zayo shall, upon the request of the City, furnish a bond executed by Zayo
and a corporate surety authorized to operate a surety business in the State of
Washington, in such sum as may be set and approved by the City as sufficient to
ensure performance of Zayo's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the telecommunications
system to be installed by Zayo in the City rights -of -way. At Zayo's sole option, Zayo
may provide alternate security in the form of an assignment of funds or a letter of credit,
in the same amount as the bond. All forms of security shall be in the form reasonably
acceptable to the City. The bond shall be conditioned so that Zayo shall observe all the
covenants, terms and conditions and shall faithfully perform all of the obligations of this
Franchise Agreement, and to repair or replace any defective Zayo work or materials
discovered in the City's roads, streets or property.
8. "One -Call" Location and Liability. Zayo shall subscribe to and maintain
membership in the regional "One -Call" utility location service and shall promptly locate
all of its lines upon request. The City shall not be liable for any damages to Zayo's
system components or for interruptions in service to Zayo customers which are a direct
result of work performed for any City project for which Zayo has failed to properly locate
its lines and facilities within the prescribed time limits and guidelines established by
One -Call. The City shall also not be liable for any damages to the Zayo system
components or for interruptions in service to Zayo customers resulting from work
performed under a permit issued by the City.
9. As -Built Plans Required. Zayo shall maintain accurate engineering plans
and details of all installations within the City limits and shall provide such information in
both paper form and electronic form using the most current AutoCAD version prior to
close -out of any permits issued by the City and any work undertaken by Zayo pursuant
to this Franchise Agreement. The City shall determine the acceptability of any as -built
submittals provided under this section.
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10. Recovery of Costs. Zayo shall be subject to all permit fees associated
with activities undertaken through the authority granted in this Franchise Agreement or
under ordinances of the City. Where the City incurs reasonable costs and expenses for
review or inspection of activities undertaken through the authority granted in this
Franchise Agreement or any ordinances relating to the subject for which permit fees
have not been established, Zayo shall pay such reasonable costs and expenses directly
to the City.
11. Vacation. If, at any time, the City shall vacate any City road, right -of -way
or other City property which is subject to rights granted by this Franchise Agreement
and said vacation shall be for the purpose of acquiring the fee or other property interest
in said road, right -of -way or other City property for the use of the City, in either its
proprietary or governmental capacity, then the City may, at its option and by giving 30-
days written notice to Zayo, terminate this Franchise Agreement with reference to such
City road, right -of -way or other City property so vacated, and the City shall not be liable
for any damages or loss to Zayo by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by Zayo to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City that
describes the violations of the Franchise Agreement and requests remedial action within
30 days of receipt of such notice. If Zayo has not attained full compliance at the end of
the 30 -day period following receipt of the violation notification, the City may declare an
immediate termination of all franchise rights and privileges, provided that full compliance
was reasonably possible within that 30 -day period.
B. Emergency Actions.
1. If any of Zayo's actions under this Franchise Agreement, or any failure by
Zayo to act to correct a situation caused by Zayo, is deemed by the City to create a
threat to life or property, financial harm, or cause a delay of the construction, repair or
maintenance of the public improvement, the City may order Zayo to immediately correct
said threat, financial harm, or delay or, at the City's discretion, the City may undertake
measures to correct said threat, financial harm or delay itself; provided that, when
possible, the City shall notify Zayo and give Zayo an opportunity to correct within a
specified time said threat, financial harm or delay before undertaking such corrective
measures. Zayo shall be liable for all costs, expenses and damages attributed to the
correction of such an emergency situation as undertaken by the City to the extent that
such situation was caused by Zayo and shall further be liable for all costs, expenses
and damages resulting to the City from such situation and any reimbursement of such
costs to the City shall be made within 30 days of written notice of the completion of such
action or determination of damages by the City. The failure by Zayo to take appropriate
action to correct a situation caused by Zayo and identified by the City as a threat to
public or private safety or property, financial harm, or delay of the construction, repair or
maintenance of the public improvement shall be considered a violation of the terms of
this Franchise Agreement.
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2. If, during construction or maintenance of Zayo's facilities, any damage
occurs to an underground facility and the damage results in the release of natural gas or
other hazardous substance or potentially endangers life, health or property, Zayo or its
contractor shall immediately call 911 or other local emergency response number.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit
the City's available remedies in the event of Zayo's failure to comply with the provisions
of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for
specific performance and /or damages.
D. Removal of System. In the event this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, Zayo shall, at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow Zayo to abandon its facilities in place.
Section 7. Insurance.
A. Zayo shall maintain liability insurance written on a per- occurrence basis during
the full term of this Franchise Agreement for personal injuries and property damages.
The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of
the Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its
officers and employees; shall apply as primary insurance; shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
thereunder; and shall further provide that the policy shall not be modified or canceled
during the life of the permit or Franchise Agreement without Grantee giving 30 days
written notice to the City. Notice shall be by certified mail, return receipt requested to the
City.
C. If the City determines that circumstances warrant an increase in insurance
coverage and liability limits to adequately cover the risks of the City, the City may
require Zayo to acquire additional insurance. The City shall provide written notice
should the City exercise its right to require additional insurance.
Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve
Zayo from any obligation to obtain approvals or necessary permits from applicable
federal, state and City authorities for all activities in the Franchise Area.
Section 9. Transfer of Ownership.
A. The rights, privileges, benefits, title or interest provided by this Franchise shall
not be sold, transferred, assigned or otherwise encumbered, without the prior written
consent of the City, with such consent not being unreasonably withheld or delayed. No
such consent shall be required, however, for a transfer in trust, by other hypothecation,
or by assignment or any rights, title or interest in Zayo's telecommunications system in
order to secure indebtedness. Approval shall not be required for mortgaging purposes
provided that the collateral pledged for any mortgage shall not include the assets of this
franchise. Approval shall not be required for any transfer from Zayo to another person
or entity controlling, controlled by, or under common control with Zayo. Zayo may
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license fibers to other users without the consent of the City provided that Zayo remains
solely responsible for the terms and conditions outlined in this Franchise Agreement.
B. In any transfer of this Franchise which requires the approval of the City, Zayo
shall show that the recipient of such transfer has the technical ability, financial
capability, and any other legal or general qualifications as reasonably determined by the
City to be necessary to ensure that the obligations and terms required under this
Franchise Agreement can be met to the full satisfaction of the City. The qualifications of
any transferee shall be determined by hearing before the City Council and the approval
to such transfer shall be granted by resolution of the City Council. Any reasonable
administrative costs associated with a transfer of this Franchise that requires the
approval of the City shall be reimbursed to the City within 30 days of such transfer.
Section 10. Administrative Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from
imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or
"service provider" as defined in RCW 35.99.010, except that fees may be collected for
administrative expenses related to such franchise. Zayo does hereby warrant that its
operations, as authorized under this Franchise Agreement, are those of a telephone
business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010.
B. Zayo shall be subject to a $5,000 administrative fee for reimbursement of costs
associated with the preparation, processing and approval of this Franchise Agreement.
These costs shall include, but not be limited to, wages, benefits, overhead expenses,
equipment and supplies associated with such tasks as plan review, site visits, meetings,
negotiations and other functions critical to proper management and oversight of City's
right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of
the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days
after franchise approval.
C. The City reserves the right to exercise authority it has or may acquire in the
future to charge a franchise fee as authorized by law.
D. In the event Zayo submits a request for work beyond the scope of this
Franchise Agreement, or submits a complex project that requires significant
comprehensive plan review or inspection, Zayo shall reimburse the City for franchise
amendments and expenses associated with the project. Zayo shall pay such costs
within 30 days of receipt of a bill from the City.
E. Failure by Zayo to make full payment of bills within the time specified shall be
considered sufficient grounds for the termination of all rights and privileges existing
under this ordinance, utilizing the procedures specified in Section 6 of this ordinance.
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Section 11. Notices. Any notice to be served upon the City or Zayo shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
Email: christy .oflaherty(cD- tukwilawa.gov
Phone: 206 - 433 -1855
Zayo Group, LLC
ATTN: General Counsel (ZPI)
1805 29th Street
Boulder, CO 80301
Section 12. Indemnification.
A. Zayo shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation and maintenance
of its structures and facilities within the Franchise Area. Zayo shall indemnify and hold
the City harmless from all claims, actions or damages, including reasonable attorney's
and expert witness fees, which may accrue to or be suffered by any person or persons,
corporation or property to the extent caused in part or in whole by any negligent act or
omission of Zayo, its officers, agents, servants or employees, carried on in the
furtherance of the rights, benefits, and privileges granted to Zayo by this Franchise. In
the event any claim or demand is presented to or filed with the City that gives rise to
Zayo's obligation pursuant to this section, the City shall within a reasonable time notify
Zayo thereof and Zayo shall have a right, at its election, to settle or compromise such
claim or demand. In the event any claim or action is commenced in which the City is
named a party, and which suit or action is based on a claim or demand which gives rise
to Zayo's obligation pursuant to this section, the City shall promptly notify Zayo thereof,
and Zayo shall, at its sole cost and expense, defend such suit or action by attorneys of
its own election. In defense of such suit or action, Zayo may, at its election and at its
sole cost and expense, settle or compromise such suit or action. This section shall not
be construed to require Zayo to:
1. protect and save the City harmless from any claims, actions or damages;
2. settle or compromise any claim, demand, suit or action;
3. appear in or defend any suit or action; or,
4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or
intentional acts of the City, its employees, agents or independent contractors.
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B. To the extent of any concurrent negligence between Zayo and the City, Zayo's
obligations under this paragraph shall only extend to its share of negligence or fault.
The City shall have the right at all times to participate through its own attorney in any
suit or action which arises out of any right, privilege, and authority granted by or
exercised pursuant to this Franchise Agreement when the City determines that such
participation is required to protect the interests of the City or the public. Such
participation by the City shall be at the City's sole cost and expense.
C. With respect to the performance of this Franchise and as to claims against the
City, its officers, agents and employees, Zayo expressly waives its immunity under Title
51 of the Revised Code Washington, the Industrial Insurance Act, for injuries to its
officers, agents and employees and agrees that the obligation to indemnify, defend and
hold harmless provided for in this paragraph extends to any claim brought by or on
behalf of Zayo's officers, agents or employees. This waiver is mutually negotiated by
the parties.
Section 13. Severability. If any section, sentence, clause or phrase of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
either party may deem the entire ordinance to be affected and thereby nullified.
However, in the event that a determination is made that a section, sentence, clause or
phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the
portion declared invalid or unconstitutional as severable and maintain in force the
remaining provisions of this ordinance; provided that, if the City elects, without
agreement by Zayo, to enforce the remaining provisions of the ordinance, Zayo shall
have the option to terminate the Franchise Agreement.
Section 14. Reservation of Rights. The parties agree that this Agreement is
intended to satisfy the requirements of all applicable laws, administrative guidelines,
rules, orders and ordinances. Accordingly, any provision of this agreement or any local
ordinance that may conflict with or violate the law shall be invalid and unenforceable,
whether occurring before or after the execution of this agreement, it being the intention
of the parties to preserve their respective rights and remedies under the law, and that
the execution of this Agreement does not constitute a waiver of any rights or obligations
by either party under the law.
Section 15. Police Powers. Nothing contained herein shall be deemed to affect
the City's authority to exercise its police powers. Zayo shall not by this Franchise
Agreement obtain any vested rights to use any portion of the City right -of -way except for
the locations approved by the City and then only subject to the terms and conditions of
this Franchise Agreement. This Franchise Agreement and the permits issued
thereunder shall be governed by applicable City ordinances in effect at the time of
application for such permits.
Section 16. Future Rules, Regulations and Specifications. Zayo acknowledges
that the City may develop rules, regulations and specifications, including a general
ordinance or other regulations governing telecommunications operations in the City.
Such regulations, upon written notice to Zayo, shall thereafter govern Zayo's activities
hereunder, provided, however, that in no event shall regulations:
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1. materially interfere with or adversely affect Zayo's rights pursuant to and in
accordance with this Franchise Agreement, or
2. be applied in a discriminatory manner as it pertains to Zayo and other
similar user of such facilities.
Section 17. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 18. 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 12015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — Fiber Optic System Description
Exhibit A -1 — Zayo Project Route Map
Exhibit B — Franchise Agreement Acceptance Form
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EXHIBIT A — Page
Zayo Group, LLC
Fiber Optic System Description
(2) 1 -1/4" conduits within the 360 Networks joint build beginning at the south City
limits on West Valley highway northerly approximately 2.22 miles to the intersection of
West Valley Highway, Grady Way and Interurban Ave S. Populated with (1) 432 count
fiber optic cable.
(2) 1 -1/4" conduits within the 360 Networks joint build continuing westerly along
SW Grady Way approximately .2 miles to the eastern City limits. Populated with
(1) 432 count fiber optic cable.
(2) 1 -1/4" conduits within the 360 Networks joint build from the intersection of
SW Grady Way, West Valley Highway and Interurban Ave S northerly approximately
3.16 miles to the intersection of Interurban Ave S and E Marginal Way S. Populated
with (1) 864 count fiber optic cable. Note: There is no cable placed between S 133 St
and E Marginal Way S along Interurban Ave S.
(2) 1 -1/4" conduits within the 360 Networks joint build from the intersection of
Interurban Ave S and E Marginal Way S northerly approximately .63 miles to the
intersection of E Marginal Way S and S Boeing Access Rd. Populated with
(1) 432 count fiber optic cable.
(2) 1 -1/4" conduits within the 360 Networks joint build from the intersection of
Boeing Access Rd easterly approximately .23 miles to the intersection of Boeing Access
Rd and Airport Way S at the northern City limits. Populated with (1) 432 count fiber
optic cable.
(8) 1 -1/2" conduits within the McLeod joint build from the intersection of Interurban
Ave S and S 133 St westerly approximately .36 miles, then continuing northerly along
E Marginal Way S approximately 1 mile to the intersection of E Marginal Way S and
Interurban Ave S. Populated with (1) 864 count fiber optic cable. Note: There is no
cable placed between S 124 St and S 120 St along E Marginal Way S.
(8) 1 -1/2" conduits from the intersection of E Marginal Way S and S 124 St westerly
approximately. 13 miles. Populated with (1) 864 count fiber optic cable.
(4) 1 -1/2" conduits within the Williams joint build from the intersection of S 130 St
and Tukwila International Boulevard northerly approximately 1.41 miles to the
intersection of Tukwila International Boulevard and E Marginal Way S, then continuing
northerly on E Marginal Way S approximately 1.9 miles to the north City limits.
iN
EXHIBIT A — Page 2
(2) 1 -1/2" conduits from the intersection of S 130 St and E Marginal Way S to SCL
pole 1375850 - 12901, approximately .023 miles. Populated with (1) 48 count fiber optic
cable. Strand and lash (1) 48 count fiber optic cable to SCL pole 1375850 - 12091; east
on S 130 St, south on Macadam Rd S, and south east on S 131 PI to 13130 44 Ave S,
approximately .42 miles.
(2) 1 -1/2" conduits from the intersection of S 130 St and Tukwila International
Boulevard to SCL pole 1375537, approximately .029 miles. Populated with (1) 144
count fiber optic cable. Strand and lash (1) 144 count fiber optic cable to SCL pole
1375537; west on S 130 St, south on 32 Ave S, and east on S 135 St to City of SeaTac
city limits approximately .54 miles.
(2) 1 -1/2" conduits from the intersection of S 152 °St and Tukwila International
Boulevard east on S 152 St to SCL pole 1375449, approximately .066 miles. Populated
with (1) 144 count fiber optic cable. Strand and lash (1) 144 count fiber optic cable to
SCL pole 1375449; east on S 152 St to SCL pole 1375133 approximately
.24 miles.
(2) 1 -1/2" conduits from SCL pole 1375133 east on S 152 St, south on 42 Ave S to
SCL pole 1375335 approximately .269 miles. Populated with (1) 144 count fiber optic
cable. Strand and lash (1) 144 count fiber optic cable to SCL pole 1375335; south on
42 Ave S to City of SeaTac city limits approximately .25 miles.
PLANNED
(2) 1 -1/2" conduits from the intersection of W Valley Hwy and Strander Blvd west on
Strander, south on Andover Park E to 325 Andover Park E approximately .41 miles.
Populated with (1) 48 count fiber optic cable.
(2) 1 -1/2" conduits from the intersection of W Valley Hwy and S 180 St east on
S 180 St to the City of Kent city limits approximately .34 miles. Populated with
(1) 48 count fiber optic cable.
19
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Zayo Group, LLC
Franchise Agreement Acceptance Form
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No. , adopted on
Dear Ms. O'Flaherty:
In accordance with and as required by Section 4 of City of Tukwila Ordinance
No. (the "Ordinance "), passed by the City Council and approved by the
Mayor on , Zayo Group, LLC, hereby accepts the terms,
conditions and obligations to be complied with or performed by it under the
Ordinance.
Sincerely,
Signature
Printed Name
Title
cc: Frank Iriarte, Public Works Department, City of Tukwila
23
24
City Of Tukwila
• Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
April 28, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building
PRESENT
Councilmembers: Dennis Robertson, Chair; De'Sean Quinn, Verna Seal
Staff: Robin Tischmak, Pat Brodin, Frank Iriarte, Mike Cusick, Laurel Humphrey
Guests: Frank Lavarato, Dorothy Wojciethowska, Zayo Group LLC
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Ordinance: Zayo Group LLC Franchise
Staff is seeking Council approval of an ordinance to grant a franchise to Zayo Group LLC, for the
operation and maintenance of its fiber optic system in the City right -of -way. Zayo provides
bandwidth infrastructure solutions for the communications industry in the United States and
Europe, specifically long haul fiber networks for carriers, financial services, healthcare,
government and other business. Zayo's extensive fiber optic system was constructed through
joint projects with 360 Networks, McLeodUSA Incorporated, and Williams Communications. The
proposed franchise ordinance authorizes Zayo to occupy and use the right -of -way, does not
grant any right, title or interest, and requires a $5,000 administrative fee from Zayo within 30
days of approval. UNANIMOUS APPROVAL. FORWARD TO MAY 5, 2015 REGULAR
CONSENT AGENDA.
B. Interlocal Agreement: Valley View Sewer District
Staff is seeking Council approval of an interlocal agreement with Valley View Sewer District to
allow Valley View to provide sanitary sewer service to the Loop Area in Tukwila. The Loop Area
is that area in the City bounded generally by South 160th Street, 42nd Avenue South, State Route
518, and 51s' Avenue South and it is not currently served by a public sewer system. While it is
in the Sewer Comprehensive Plan, City - provided sewer service in this area has been a low
priority and is not in the adopted CIP. In conjunction with the City's planned reconstruction of
42nd Avenue South from Southcenter Boulevard to South 1601h Street, and because Valley View
has an existing 8" sewer line in 42nd Avenue South, Valley View is willing to plan and construct
public sewers to serve Loop Area if the City is supportive. Committee members asked clarifying
questions and expressed support for this proposal. Because connection to public sewers has
financial impacts to residents, they did request that the City participate in the communications
effort and ensure that residents receive detailed and timely information about costs and the
construction schedule. UNANIMOUS APPROVAL. FORWARD TO MAY 11, 2015
COMMITTEE OF THE WHOLE.
25
26
COUNCIL AGENDA SYNOPSIS
nitials
MeelinoDate
Pre .pared by
Mayor's review
Council review
04/27/15
NG
CA�-Z
LC4
05/04/15
NG
❑ Other
At g Date
L6
SPONSOR'S Tukwila's current moratorium on medical cannabis collective gardens and dispensaries will
SUMMARY expire on May 27, 2015. The state has not provided clarification on the conflicts created
by the partial veto of RCW 69.51A or the relationship between medical cannabis and
recreational marijuana. The Council is being asked to consider and approve the ordinance
extending the moratorium.
Ri?vii:lwri) iiy ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/23/15 COMMIT-FEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
Comml',',]:E' Forward Moratorium to Committee of the Whole
COST IMPACT / FUND SOURCE
ExPENDI'1'URE, RlQUIRF"D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
ITEM INFORMATION
ITEM NO.
6.A.
27
STAIN SPONSOR: NORA GIERLOFF
4/27/15
A(;i;Nl),\ 1'ri,"m Trn.E, Renewal of Moratorium on Medical Cannabis
CxnE(3oRy Z Discussion
Mt g Dale 4127115
❑ motion
Alg Dale
[:] Resolution
Mt g Date
Z Ordinance
Af g Date 514115
❑ Bid Award
Mi g Date
Z.Public Hearing
ARg Dale 4127119
❑ Other
At g Date
SPONSOR ❑ Council ❑ Mayor EI.HR Z DCD D.Finance [].Fire [:1 IT [:] P&R [:] Police ❑ PIV
SPONSOR'S Tukwila's current moratorium on medical cannabis collective gardens and dispensaries will
SUMMARY expire on May 27, 2015. The state has not provided clarification on the conflicts created
by the partial veto of RCW 69.51A or the relationship between medical cannabis and
recreational marijuana. The Council is being asked to consider and approve the ordinance
extending the moratorium.
Ri?vii:lwri) iiy ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/23/15 COMMIT-FEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
Comml',',]:E' Forward Moratorium to Committee of the Whole
COST IMPACT / FUND SOURCE
ExPENDI'1'URE, RlQUIRF"D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
4/27/15
Informational Memorandum dated 2/17/15, updated 4/1/15
Attachment A. Statement of James M. Cole, Deputy Attorney General
Attachment B. Draft Ordinance Renewing the Moratorium on Medical Cannabis
Minutes from the Community Affairs and Parks Committee meeting of 2/23/15
5/4/15
Ordinance in final form
27
m
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF
TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED
CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2439; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW 35A.63.220; and
WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium, and following the public
hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to
justify the moratorium adopted by Ordinance No. 2348; and
WHEREAS, on August 6, 2012, the Tukwila City Council adopted Ordinance No.
2379, renewing the 12 -month moratorium on medical cannabis collective gardens or
dispensaries because it was believed that the Washington State Legislature would
address the subject during the 2012 Legislative Session; and
WHEREAS, on August 5, 2013, the Tukwila City Council adopted Ordinance No.
2404, renewing until May 31, 2014 the moratorium on medical cannabis collective
gardens or dispensaries because it was believed that the Washington State Legislature
would address the subject during the 2014 Legislative Session; and
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WHEREAS, on May 19, 2014, the Tukwila City Council adopted Ordinance No.
2439, renewing until May 19, 2015, the moratorium on medical cannabis collective
gardens or dispensaries because it was believed that the Washington State Legislature
would address the subject during the 2015 Legislative Session, and
WHEREAS, revisions to the medical marijuana rules have not been adopted so far
during the 2015 Legislative Session and no clarity regarding state and federal
regulations related to the licensing, establishment, maintenance, or continuation of any
medical cannabis collective garden is currently available; and
WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, and prior to
the enactment of Ordinance No. 2404, Initiative 502 was passed by the voters of the
State of Washington, providing a framework under which recreational marijuana
producers, processors, and retailers can become licensed by the State of Washington;
and
WHEREAS, no licenses have been issued by the State of Washington for
recreational marijuana producers, processors, or retailers to establish businesses in the
City of Tukwila and, therefore, any impact from those uses has not yet been
experienced; and
WHEREAS, the City has diligently pursued this issue and continues to develop a
work program to analyze potential changes to City zoning regulations that may be
necessary to address changes in state or federal law, but needs additional clarity from
the Washington State Legislature in order to develop a workable set of
recommendations for local land use controls for safe and effective regulation of
collective gardens in the community; and
WHEREAS, the moratorium adopted by Ordinance No. 2439 will expire before the
State has rectified the inconsistencies between recreational marijuana and medical
cannabis; and
WHEREAS, the City deems it in the public interest to renew the moratorium
continued by Ordinance No. 2439 for 6 months beyond the end of the State Legislative
Session in order to investigate this issue further, allow for the passage of State
regulations or lifting of Federal prohibitions, and then to adopt City regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on April 27, 2015, to hear testimony regarding
the City's moratorium.
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Section 3. Duration. The moratorium renewed herein shall be in effect until
October 31, 2015, unless extended by the City Council, pursuant to state law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed
a medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15 -day period and who grows no more than 15 plants and otherwise
complies with Chapter 69.51A RCW, or an individual person who is a qualified patient
and who grows no more than 15 plants and otherwise complies with 69.51A RCW, shall
not be deemed a medical marijuana collective garden for the purposes of this
moratorium.
Section 5. No Non - conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non - conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts the findings of
facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas"
clauses contained herein.
Section 7. Work Program. The Director of Community Development and /or
his /her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries and collective gardens
including but not limited to review of the conflict between state and federal law
regarding the legality of zoning and licensing of medical marijuana uses under any
circumstances and notwithstanding the enactment by the legislature of RCW 69.51A.
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In the event that such uses are ultimately determined to be legal, the work program
should also develop appropriate land use regulations pursuant to the newly amended
law for review and recommendation for inclusion in the zoning regulations or other
provisions of the Tukwila Municipal Code. Further, beyond the extent established by
the Washington State Liquor Control Board, the work program should also coordinate
medical cannabis rules and regulations with the recreational marijuana rules and
regulations established under Initiative 502. The Finance Director and /or his /her
designee is hereby authorized and directed to develop appropriate business licensing
and other regulations pursuant to the newly amended law for review and
recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Repealer. Ordinance No. 2439 is hereby repealed.
Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 10. 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 11. 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 )2015.
ATTEST /AUTH ENT[ CATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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COUNCIL AGENDA SYNOPSIS
--- -- ---- -- ----------------- - - - - -- Initials
Meeliq Dale
Prepared by
Mayors review_
Council review
04/27/15
DJ
❑ Resolution
Mtg Date
LA
05/04/15
DJ
❑ Other
Mt Date
SPONSOR ❑ Council [:] Mayor [:] I-JR ❑ DCD E].Finance ❑ Eire ❑ IT E P&R ❑ Police ❑ PWI
SPONSOR'S Parks and Recreation Department proposes to update Park Rules and Regulations
SUMMARY ordinance to properly address the use of public parks and further the safety, health and
wellness of its users.
R13VIP"WE'D BY ❑ cow Mtg. CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/13/15 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks and Recreation Department
COMMI•FIEE, Unanimous approval; forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
ITEM INFORMATION
LOA
33
ISTAFF' SPONSOR: RICK STILL
I ORIGINAj, AGENDA DATE: 4/27/15
AGENDA ITEM TrILE, An ordinance updating the the Park Rules and Regulations
CATE,'GORY E Discussion
Mt Date 4127115
❑ Motion
Mtu Date
❑ Resolution
Mtg Date
E Ordinance
Mig Date 914119
[:] Bid Award
Mt g Date
❑ Pub& Hearing
MIg Date
❑ Other
Mt Date
SPONSOR ❑ Council [:] Mayor [:] I-JR ❑ DCD E].Finance ❑ Eire ❑ IT E P&R ❑ Police ❑ PWI
SPONSOR'S Parks and Recreation Department proposes to update Park Rules and Regulations
SUMMARY ordinance to properly address the use of public parks and further the safety, health and
wellness of its users.
R13VIP"WE'D BY ❑ cow Mtg. CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/13/15 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks and Recreation Department
COMMI•FIEE, Unanimous approval; forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
4/27/15
Informational memorandum dated 4/8/15
Ordinance
Minutes from the Parks Commission meetings
Minutes from the 6/10/14 Community Affiars and Parks Committee Meeting
Minutes from the 4/13/15 Community Affairs and Parks Committee Meeting
5/4/15
Ordinance in final form
I
33
34
f
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 1850, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 12.08; REENACTING TUKWILA MUNICIPAL
CODE CHAPTER 12.08 TO UPDATE PARK RULES AND
REGULATIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has developed parks and trails for the enjoyment and
recreation of all citizens; and
WHEREAS, it is necessary that rules and regulations be adopted governing
operation, use and conduct in public parks within the City of Tukwila; and
WHEREAS, the City Council desires to amend park rules and regulations to
properly address the use of public parks and trails and to further the safety, health and
welfare of its users;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 1850 is hereby repealed in its entirety.
Section 2. TMC Chapter 12.08 Reenacted. Tukwila Municipal Code (TMC)
Chapter 12.08 is hereby reenacted to read as follows:
CHAPTER 12.08
PARK RULES AND REGULATIONS
Sections:
12.08.005
Police Power
12.08.010
Definitions
12.08.020
Motorized Vehicles
12.08.030
Fireworks or Firearm Discharge
12.08.040
Fires
12.08.050
Charcoal Grills
12.08.060
Smoking
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35
12.08.070 Amusement Attractions
12.08.080 Soliciting, Concessions, Commercial Activities
12.08.090 Trail Use
12.08.100 Facilities Use Reservations
12.08.110 Park Hours
12.08.120 Violation — Penalty
Section 3. A new TMC Section 12.08.005 is hereby established to read as follows:
12.08.005 Police Power
This chapter is hereby declared to be an exercise of the police power of the City for the
public peace, health, safety and welfare and its provisions are to be liberally construed.
Section 4. A new TMC Section 12.08.010 is hereby established to read as follows:
12.08.010 Definitions
The terms herein used, unless clearly contrary to or inconsistent with the context in
which used, shall be construed as follows:
1. "Director" means the Director of the Parks and Recreation Department of
the City.
2. "Park" means and includes all City -owned or operated parks and all areas
within the boundaries of such City parks, improved or unimproved trails or open spaces,
public squares, golf courses, beaches, play and recreation grounds, City -owned or
operated community centers, shelters, restrooms, athletic fields and facilities, or parking
lots associated with any park within the City limits.
3. Wherever consistent with the context of this chapter, words in the present,
past or future tenses shall be construed to be interchangeable with each other and
words in the singular number shall be construed to include the plural.
Section 5. TMC Section 12.08.020 is hereby reenacted to read as follows:
12.08.020 Motorized Vehicles
Unless otherwise posted or approved by the Parks and Recreation Director, it is
unlawful to operate any motorized vehicles in any park except upon a paved roadway or
parking lot.
Section 6. TMC Section 12.08.030 is hereby reenacted to read as follows:
12.08.030 Fireworks or Firearm Discharge
It is unlawful to shoot, fire or explode any firearms, fireworks, firecracker, torpedo or
explosive of any kind or to shoot or fire any air gun, bows and arrows, B.B. gun, or use
any slingshot or other propelling device wherein the applied human energy or force is
artificially aided, directed or added to in any park.
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Page 2 of 5
Section 7. TMC Section 12.08.040 is hereby reenacted to read as follows:
12.08.040 Fires
It is unlawful to build any fire, except in devices designed and designated to contain
such fires and such designation is clearly defined by signs posted in such area. No
open fires are permitted unless authorized by the Parks and Recreation Director.
Section 8. A new TMC Section 12.08.050 is hereby established to read as follows:
12.08.050 Charcoal Grills
The use of charcoal for barbecues is not allowed except in devices designated by the
City and such designation is clearly defined by signs posted in such area. Charcoal
must be disposed of in designated charcoal receptacles.
Section 9. TMC Section 12.08.060 is hereby reenacted to read as follows:
12.08.060 Smoking
A. Persons should refrain from the use of any form of tobacco and electronic
smoking devices in all City parks and outdoor recreational facilities at all times,
excluding Foster Golf Links.
B. It is unlawful to use any form of tobacco, nicotine, or electronic smoking
devices, including but not limited to vaporizers and e- cigarettes, within 25 feet of any
children's play equipment.
Section 10. A new TMC Section 12.08.070 is hereby established to read as
follows..
12.08.070 Amusement Attractions
Unless otherwise posted or approved by the Parks and Recreation Director, it is
unlawful to erect any inflatable structure or attraction including, but not limited to,
"bounce houses," dunk tanks, pony rides, etc. in or on park property with the exception
of City- sponsored events.
Section 11. A new TMC Section 12.08.080 is hereby established to read as
follows:
12.08.080 Soliciting, Concessions, Commercial Activities
Unless otherwise posted, or approved by the Parks and Recreation Director, it is
unlawful to conduct any of the following activities in or on park property:
1. Sell refreshments or merchandise, or operate a fixed or mobile concession,
event, or traveling exhibition.
2. Solicit, sell, offer for sale, peddle, hawk any goods or services.
W: Word Processing \Ordinances \Park Rules and Regulations 4 -28 -15
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37
3. Film, record, or photograph for commercial purposes.
4. Conduct classes or organized competitions.
5. Attach or secure to any vehicle or structure any circular notice, leaflet,
pamphlet or printed material of any kind.
6. Use, place or erect any advertising in any park; or attach any notice bill,
poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any
park; or place or erect in any park, a structure of any kind.
Section 12. A new TMC Section 12.08.090 is hereby established to read as
follows:
12.08.090 Trail Use
Trail users must abide by all posted signs along trails in the City.
Section 13. TMC Section 12.08.100 is hereby reenacted to read as follows:
12.08.100 Facilities Use Reservations
Programs and activities scheduled by the Parks and Recreation Department have first
priority for use of parks and facilities. Otherwise, parks and facilities will be available on
a "first -come, first - served" basis; provided, users shall yield use of a park area or facility
to the participants in any program or activity scheduled by the Parks and Recreation
Department. All park users shall abide by all rules and regulations and shall not
unreasonably interfere with other persons' use of or the City's maintenance or operation
of park facilities.
Section 14. TMC Section 12.08.110 is hereby reenacted to read as follows:
12.08.110 Park Hours
Unless otherwise posted or approved by the Parks and Recreation Director, it is
unlawful for any person to be in or on park property when it is closed. A park may be
closed to public use during certain hours as determined by the Mayor. Unless
otherwise posted, public parks are closed from 30 minutes past sunset until 30 minutes
before sunrise.
Section 15. TMC Section 12.08.120 is hereby reenacted to read as follows:
12.08.120 Violation —Penalty
Except as otherwise provided by state law or the Tukwila Municipal Code, violation of
any provision of Tukwila Municipal Code Chapter 12.08 shall be punishable by a civil
infraction in an amount not to exceed $100.
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i
Section 16. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 17. 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 18. 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 , 2015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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W
FIE
COUNCIL AGENDA SYNOPSIS
---------------------------- - - - - -- Initials
Meeliq Date
Pre .pared by
Ma ors repo
Council review
04/27/15
PH
❑ Resolution
Mtg Date
❑ Ordinance
Mt g Date
05/04/15
PH
CAD
SPONSOR ❑ Council ❑ Major [:].HR ❑ DCD D.Finance ❑ Fire ❑ IT ❑ P&R H Police ❑ PW1'
SPONSOR'S The Council is being asked to consider and approve a joint lease with the Tukwila Police
SUMMARY Officer's Guild in regard to a fitness facility for police personnel in conjunction with the
implementation of a department wide fitness program. The program's success will partially
hinge on the acquisition and improvement of an updated exercise facility. An alternate
location at 605 Industry Drive has been proposed.
RF,,vi1-,1'WF'1D BY [-] cow Mtg. ❑ CA&P Cmte N F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm.
DATE: 4/21/15 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Police Department
COMMIT`fEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT I FUND SOURCE
EXPENDITURE REQUIRL,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,200 monthly $0 $0
Fund Source: POLICE BUDGET
Comments: The expenditure was not included in the 201512016 budget. The Police Department will
absorb the cost during the remaining budget cycle.
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
ITEM INFORMATION
ITEM NO.
6-C.
41
STAFF SPONSOR BRENT FRANK
IORIGINAL AGENDA DAT�: 4/27/15
AGF.'INDA I,rf,,m Trrm Tukwila Police Department lease agreement with Tukwila Police Officers Guild for
exercise facility in conjunction with department's fitness program.
CATI,.'GOBY 0 Discussion
Mt g Date 4127115
N Motion
Mt g Date 914115
❑ Resolution
Mtg Date
❑ Ordinance
Mt g Date
❑ Bid Award
Mi g Date
F-1 Public Hearing
Mt g Date
❑ -1 Other
Mtg Date
SPONSOR ❑ Council ❑ Major [:].HR ❑ DCD D.Finance ❑ Fire ❑ IT ❑ P&R H Police ❑ PW1'
SPONSOR'S The Council is being asked to consider and approve a joint lease with the Tukwila Police
SUMMARY Officer's Guild in regard to a fitness facility for police personnel in conjunction with the
implementation of a department wide fitness program. The program's success will partially
hinge on the acquisition and improvement of an updated exercise facility. An alternate
location at 605 Industry Drive has been proposed.
RF,,vi1-,1'WF'1D BY [-] cow Mtg. ❑ CA&P Cmte N F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm.
DATE: 4/21/15 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Police Department
COMMIT`fEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT I FUND SOURCE
EXPENDITURE REQUIRL,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,200 monthly $0 $0
Fund Source: POLICE BUDGET
Comments: The expenditure was not included in the 201512016 budget. The Police Department will
absorb the cost during the remaining budget cycle.
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
Forward to next Regular Meeting
MTG.DATEI
ATTACHMENTS
4/27/15
Informational Memorandum dated 4/12/15
Lease Agreement
Minutes from the Finance and Safety Committee Meeting of 4/21/15
5/4/15
No attachments
41
FIX
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Dale
Pre ared b,y
Mq)�or'j zew
Council review
04/27/15
CT
❑ Resolution
111 Date
❑ Ordinance
Mt g Date
05/04/14
CT
[:] Other
Mi g Date
SPONSOR ❑ Council Z Mayor ❑ FIR ❑ DCD E]Finance E] Vi re ❑ IT ❑ P&R ❑ Police ❑ 111V
SPONSOR'S The Scholarship Selection Committee is recommending a scholarship award to Nandina
SUMMARY Cengic in the amount of $4,000, a scholarship award to Ada Jannina Arquiza in the amount
of $3,000 and a scholarship award to Mamata Tamang in the amount of $3,000
Rj,,.vi F'WED BY FICOW Mtg. ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOit/At)mlN.
COMMIT1TE,
COST IMPACT I FUND SOURCE
ExI)E'NDlTUR1,,'Ri,,(2u IM I'll) AMOUNT BUDGETED APPROPRIATION REQUIRED
$10,000.00 $ $10,000.00
Fund Source: GENERAL FUND
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
04/27/15
ITEM INFORMATION
ITEM NO.
6.D.
43
SPONSOR: MAYOR HAGGERTON
ORIG1NAI.AGFNl),\DAT1,'1: 04/27/15
A(,,ENDA l'u-;m Tj,n,i Recommended Recipients for the Tukwila City of Opportunity Scholarship
CATI.?GORY Z Discussion
Altg Date 04127115
Z Motion
A/ g Date 514115
❑ Resolution
111 Date
❑ Ordinance
Mt g Date
❑BidAward
El
Mi g Dale
0 PublicHeatin g
11t g Date
[:] Other
Mi g Date
SPONSOR ❑ Council Z Mayor ❑ FIR ❑ DCD E]Finance E] Vi re ❑ IT ❑ P&R ❑ Police ❑ 111V
SPONSOR'S The Scholarship Selection Committee is recommending a scholarship award to Nandina
SUMMARY Cengic in the amount of $4,000, a scholarship award to Ada Jannina Arquiza in the amount
of $3,000 and a scholarship award to Mamata Tamang in the amount of $3,000
Rj,,.vi F'WED BY FICOW Mtg. ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOit/At)mlN.
COMMIT1TE,
COST IMPACT I FUND SOURCE
ExI)E'NDlTUR1,,'Ri,,(2u IM I'll) AMOUNT BUDGETED APPROPRIATION REQUIRED
$10,000.00 $ $10,000.00
Fund Source: GENERAL FUND
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
04/27/15
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
04/27/15
Informational Memorandum dated 04/17/15
Scholarship applications
5/4/15
Nn attachmpntc,
43
City of Tukwila jim Haggerton, Mayor
6200 Southcenter Boulevard
WA • ..
The City of opportunity, the community of choice
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: April 29, 2015
SUBJECT: Report for May 4, 2015 Regular Council Meeting
The City Administrator Report is meant to provide the Council, staff and community an update on the
activities of the City and on issues that concern Tukwila. Please let me know if you have any questions
or need additional information about any of the following items.
Intergovernmental Update
• Valley Cities Mayor's Meeting: Mayor Haggerton hosted the Valley Cities Mayor's meeting
and Joyce Trantina provided an overview of the Community Connector Program and other
activities across the City that are helping us build relationships, understand our customers and
encourage greater involvement by our residents.
II. Communitv Events
• Earth Day: Staff participated in an Earth Day event at Gateway Corporate Park, and had the
opportunity to meet with Tukwila businesses to promote recycling, waste prevention activities
and Tukwila's Recycling Program.
• Career Day at Foster High School: On April 23 several staff were guest speakers at Foster's
Career Day, sharing information about a wide range of jobs and careers in public service. Other
staff hosted booths and helped coordinate various activities. The Community Police Team
offered advice and mentoring to students interested in a career in policing.
• Parent Career Night: The Tukwila School District, in combination with Human Services, and
other Community Based Organizations hosted a parent career night on April 23. 125
individuals attended and received information on services, education, and employment
options.
III. Staff Updates
Public Safety
• Speeders(a)tukwilawa.gov: The Tukwila Police Department Traffic Unit has anew email
address for anyone who has complaints about traffic issues in the City of
Tukwila: speeders(a�tukwilawa.gov. This email is intended to be an easier way to contact the
Traffic Unit about the following issues (notjust "speeders "):
45
City Administrator Report
April 29, 2015
Page 2
■ Speeding vehicle complaints (not single vehicles, but more of a general complaint
about a street or area)
■ Parking complaints
■ Abandoned vehicles
■ Requests for Radar Trailer placement
■ Any other traffic questions or issues
We will try our best to respond to any emails within one business day. We had seven emails
come in from citizens in the first day and we were able to respond to all of the emails. This
email address does not replace the 911 system. If something is occurring that needs police
attention as soon as possible, citizens are encouraged to call gzs or the police non - emergency
number at 2o6 -241 -2121.
• DARE Graduation: On April 17, the Tukwila Police Department DARE instructors helped
approximately 220 students from Thorndyke, Cascade View and Tukwila Elementary schools
celebrate their completion of the DARE program. The event was well- attended by the Police
Department, Councilmembers, City Administration, other City Department Directors and local
businesses. We also announced the winners from each school and the grand prize winner of
the Night Out Against Crime Poster contest, which was put together by the Department's
Community Relations Committee.
• Certification Training Exams: The Region 4 Fire Investigation Council conducted certification
training exams at the Spruce Motel. Small, controlled "burns" were conducted in some of the
rooms, and Fire staff were tested on various components. The building was subsequently
boarded and secured.
Project Updates
• Alvin Ailey Dance Camp is coming to Tukwila: The Seattle Theatre Group has selected the
Tukwila Community Center to be the home of the Alvin Ailey Dance Camp beginning in 2o16.
The camp will be the first AileyCamp in the Pacific Northwest, the only other west coast site is
in Berkley, CA. °AileyCamp" is an innovative summer program for children ages 11 -14 that
uses disciplined dance training, creative writing instruction, personal development, and
communication workshops, to help campers develop a respect for themselves and others that
meaningfully impacts their lives. Since its inception in 1989, the program has reached
thousands of youth across the country, providing direction and hope to children who are most
in -need of knowing there can be a bright future.
• Tukwila Community Center Facility Rentals: TCC continues to host large facility rentals.
Two large events being held at TCC are the Washington Multi - Family Housing Association
annual Maintenance Summit on April 29 with over 5oo attendees and the annual Pacific
Northwest Numismatic Association Coin Show, May 1 -3, which attracts attendees from WA,
OR, and ID.
• Healthy Earth, Healthy You Fun Run: Nearly loo people participated in the 5th Annual
Healthy Earth, Health You fun run on April 25. After the run many participants planted trees
and shrubs along the riverbank restoration site behind BECU. Several participants
M.
City Administrator Report
April 29, 2015
Page 3
commented how trees they planted in the past are growing strong. A partnership between
BECU, Tukwila Parks and Recreation and DCD make this event possible.
• Park Appreciation Event: The first park appreciation event was held on Saturday, April 25 at
Crystal Springs Park. Parks and Recreation staff along with a handful of volunteers and park
neighbors were on hand to spread bark chips, plant seasonal plants, and remove ivy.
• Ashley Furniture —176o1 Southcenter Pkwy: A pre - application meeting was held this week to
discuss partial redevelopment of the Ashley furniture site. The potential new owner of the
property is proposing to convert the existing warehouse space (55,000 square feet) to retail
and the remaining 31,920 square feet of warehouse to covered parking. They are also
proposing a 2,88o square foot restaurant or retail pad at the north end of the property adjacent
to the joint drive aisle next to the Azteca restaurant.
• Metro Long Range Public Transportation Plan: Staff attended the Technical Advisory
Committee (TAC) meeting on April 21. Metro staff introduced the TAC to the project website,
where an Existing Conditions and Planning Context Report was recently posted. The group
looked at maps of areas in the county where future growth in jobs and housing are expected to
occur as reported by each jurisdiction to the Puget Sound Regional Council.
• 16651 S3rd Ave S: All Code Enforcement violations have been corrected by the bank that owns
the property. All weed overgrowth has been cut and removed; rubbish and garbage removed;
and the property has been secured.
• 15026 42nd Ave S: A King County Superior Court action has been initiated against the property
owner for violation of the Voluntary Correction Agreement. The property is still in violation
of: weed overgrowth; graffiti; accumulation of rubbish /garbage; unfinished construction.
• Meeting regarding Community Safety: A meeting was held with the City's Community
Connectors, Forterra, G21L staff, and City representatives from Police, Emergency
Management, Community Policing and others, to develop an understanding of safety related
issues and concerns in diverse neighborhoods, and collaborate on a range of activities to help
address these areas.
EYA
Upcoming Meetings & Events
May 2015
4th (Monday)
5th (Tuesday)
6th (Wednesday)
7th (Thursday)
8th Frida
9th (Saturday)
➢ Civil Service
> Arts
➢ Joint City
➢ Equity &
15` Annual
Commission,
Commission,
Council /
Diversity
Backyard Wildlife
5:00 PM
5:00 PM
Tukwila School
Commission,
Festival
(Hazelnut
(Community
Board
Meeting
Tukwila Community
Conference
Center)
Special Meeting.
moved to 5/14
Center
Room)
5:30 PM
FREE event for all.!
(Tukwila School
Allentown
9:00 AM — 3:00 PM
Visit www. backyard
➢ Transportation
p
➢ Finance &
District
Neighborhood
wildlifefestival.ore
Cmte,
Safe Cmte,
Administration
Meeting
or call 206-768-2822.
5:15 PM
5:30 PM
Building Board
(Foster
(Hazelnut
Room;
— 8:00 PM
m
19'h
Conference
Conference
4640 S 144' St)
(Community
Tukwila Fine Arts
Room
Room )
Center)
Learn more about
9:00 AM o3 00 PM
➢ City Council
the results of the
Tukwila Community
Regular Mtg.,
➢ Librafy,
recent Allentown
Center
survey and how
7:00 PM
(Council
Sri`
Beard,
you can help
Spray Park
Chambers)
Cancelled
address the
priorities
Now N O en!
P
identified by the
10:00 AM to
neighborhood.
8:00 PM daily
Refreshments will
(weather
be served.
permitting).
For questions call
Tukwila Community
206 -454 -7566,
Center
Council Chat
10:00 AM to
12:00 NOON
*Note special
meeting location
this month:
Tukwila Community
Center
11th (Monday)
12th (Tuesday)
13th (Wednesday)
14th (Thursday)
15th (Friday)
16th (Saturday)
➢ Community
➢ Utilities Cmte,
➢ Equity &
2015 Tukwila
Affairs &
5:30 PM
Diversity
Recycling
Parks Crate,
(Foster
Commission,
Collection Event
5:30 PM
Conference
5:15 PM
and Rain
(Hazelnut
Room)
RESCHEDULED
Barrel/Compost
Conference
FROM 5/7115
Bin Sale
Room)
(Hazelnut
9:00 AM to 3:00 PM
➢ Joint City
Conference
Foster High School
Councill
Room)
4242 S. 144' St..
➢ City Council
Executive Staff
Rain barrels are $25
Committee of
Work Session.
➢ COPCAB,
each, cash only.
For additional
the Whole
6:00 PM
6:30 PM
information visit:
Mtg.,
7:00 PM
(Council
Chambers)
( Duwamish
www.tukwilawa.t;ov
or 206 - 431 -3683.
(Council
Conference
Room)
Chambers)
➢ Tukwila
Duwamish Hill
International
Preserve event
Boulevard
10:00 AM — 1:00 PM
Action Cmte,
(3800 South 115t4
7:00 PM
Street)
(Valley View
forterra org/events
Sewer Dist.
for information &
3460 S 1481h)
registration.
Candidate Filing dates: April 27 -May 15 Visit www.tukwilawa.gov or www .kingcounty.2ov /elections.aspx
➢ Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 - 767 -2342.
➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf Room. Contact Kim Gilman at 206 - 431 -2187.
➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room
➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206- 433 -1868.
➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) Washington Place Development proposed
Building and Impact Fee Deferral. (B) A resolution regarding human trafficking.
➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Tracy Gallaway at 206- 767 -2305.
➢ Transportation Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf Room (A)40'4— 42"d Ave S (S Me St — S 131' PI) Phase III
Supplemental Agreement No. 3. (B) Tukwila Urban Center Pedestrian Bridge Supplemental Agreement No. 12.
➢Tukwila Historical Society: 3rd Thurs., 7:00 Pm, Tukwila Heritage & Cultural Center, 14475 594 Avenue S.
Contact Joan Hernandez at 206-248-0260.
➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206- 433 -1815. 49
May
June
50
Tentative Agenda Schedule
4
See agenda packet
cover sheet for this
week's agenda
(May 4 2015
Regular Meeting).
1
Special Presentation:
Acknowledge
scholarship recipients.
11
Special Presentation:
-An update from the
Foster Library teen
volunteers regarding
the upcoming Read -
a -thou.
-State of the City
Healthcare Plan.
8
Special Presentation:
Update of the
implementation of the
Shoreline Master Plan.
Special Presentation:
- Mayo's State of the
City.
- Sustainable Airport
Master Plan Update.
Proclamations/
Appointments:
National Public Works
Week and Emergency
Medical Services Week.
15
26 (Tuesday)
Special Issues:
-Land Conservation
and Local
Infrastructure
Program Feasibility
Analysis.
- Discussion and
consensus on Sound
Cities Association
Public Issues
Committee (SCA
PIC) Items.