HomeMy WebLinkAboutReg 2011-10-03 COMPLETE AGENDA PACKETTukwila City Counci/ Agenda
REGULAR MEETING
Jim Haggerton, Mayor Counci /members: Joe Duff ie Joan Hernandez
Shawn Hunstock, Interim City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
EXECUTIVE SESSION 6:00 PM 7:00 PM
Potential Litigation Pursuant to RCW 42.30.110(1)(i)
Potential Land Sale Pursuant to RCW 42.30.110(1)(c)
(60 minutes)
Monday, October 3, 2011; 7:00 PM Ord #2350 Res #1748
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Swearing in of Michael Baisch, Police Officer, and Darryl Barnes, Transport
PRESENTATION Service Officer
3. APPOINTMENT Confirm the appointment of David M. Cline to the position of City Pg.1
Administrator effective October 24, 2011, waiving the residency requirement,
per Ordinance No. 2039, and authorizing the Mayor to sign the employment
contract.
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: 9/12/11 (SpecialMtg.); 9/19/11 (RegularMtg.)
AGENDA b. Approval of Vouchers.
c. Accept as complete the East Marginal Way South and South 86th PI. Signal Pg.9
Pole Project (contract #11 -002) with Signal Electric; authorize release of
retainage, subject to the standard claim and lien release procedures (final
cost of project, including retainage: $38,351.23).
d. Accept as complete the 6300 Building Standby Generator Project (contract Pg.15
#11 -017) with Urban Electric, Inc (now Genesis 3); authorize release of
retainage, subject to the standard claim and lien release procedures (final
cost of project, including retainage: $116,803.72).
6. PUBLIC a. Unclassified Use Permit (UUP) for Blue Star Gas to operate a propane Pg.21
HEARINGS distribution facility at 10802 East Marginal Way South (quasi judicial).
Please bring the blue binder distributed separately. Q
b. Ordinance No. 2348 establishing a 12 -month moratorium prohibiting the Pg.23
establishment, location, operation, licensing, maintenance, or continuation
of any medical cannabis collective garden or any medical marijuana
dispensary, whether for profit or not for profit, asserted to be authorized or
actually authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter
69.51A RCW, or any other laws of the State of Washington. The City is
required to hold a public hearing within 60 days of adoption of an
emergency moratorium.
(continued...)
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REGULAR MEETING
Monday, October 3, 2011
Page 2
7. UNFINISHED a. Adopt findings of fact, conclusions, and recommendations in the staff Pg.21
BUSINESS report and approve the Unclassified Use Permit for Blue Star Gas to
operate a propane distribution facility at 10802 East Marginal Way South.
b. An ordinance relating to the establishment, location, operation, licensing, Pg.23
maintenance or continuation of medical cannabis collective gardens or
dispensaries; adopting findings of fact to justify the moratorium adopted
by Ordinance No. 2348; providing for severability; and establishing an
effective date.
c. An ordinance regarding livestock, small animals and fowl. Pg.37
d. Authorize the Mayor to sign an agreement with Bonneville International Pg.45
for Seattle Southside Visitor Services advertising in an amount not to
exceed $84,000.
e. An ordinance adopting a new chapter of the Tukwila Municipal Code Pg.47
entitled "Chronic Nuisance Properties," to include business license denial
or revocation for chronic nuisance properties.
f. Authorize the early redemption of water and sewer revenue bonds issued Pg.63
in 1995 based on Tukwila City Council Ordinance No. 1735, adopted
June 5, 1995.
8. NEW BUSINESS
9. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
10. MISCELLANEOUS
11. EXECUTIVE SESSION
12. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your continents to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
continents 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 1st 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.
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
'4 Meeting Date Prepared by Mayor's review Council review
10/03/11 I SB
I
R
ITEM INFORMATION
CAS NuN413I:R: 11 -098 STAFF SPONSOR: STEPHANIE BROWN ORIGINAL, AGI�.NDA DA'I'r.: 10/03/11
Ac;r.NDA ITI TITJ.AI l Confirm appointment to the position of City Administrator- David M. Cline
Dh cus,4on Motion Resolution Ordinance Bid Award Public Hearing Other
Nltg Date Vltg Date 1013111 Mt g Dote �l4tg Date Mtg Date rl7tg Date Mtg Date
SPONSOR Council Mayor HR DCD .Finance Fire IT P &IR Police PWI
SPONSOR'S Confirm the appointment of David M. Cline to the position of City Administrator effective
SU,\IMARY October 24, 2011, waiving the residency requirement, per Ordinance No. 2039; and
authorizing the Mayor to sign the employment contract.
R1� VIIM/I'D 13Y cow Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /AI)MIN. Mayor's Office
CONIN411 "I'. N/A
COST IMPACT FUND SOURCE
Exi)rNI)rrtj RrOUIRI--u) AMOUNTBU,DG,ETED
Fund Source:
Conzrnenry.
MTG. DATE I
10/3/11
MTG. DATE
10/3/11
Employment Contract
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
ATTACHMENTS
1
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF TUKWILA, WASHINGTON
and
David Cline
THIS AGREEMENT is made this date between the City of Tukwila,
Washington, hereinafter referred to as "City" and David Cline hereinafter referred to as
"City Administrator."
WHEREAS, the City of Tukwila is a noncharter, optional municipal code city
organized under the Mayor /Council form of government, and
WHEREAS, the City desires to contract with David Cline to serve as City
Administrator, and said David Cline desires to accept the position as the City
Administrator for the City of Tukwila.
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the
parties hereby agree as follows:
Term. This agreement shall remain in full force and effect from date of
execution and shall continue for a period of not less than three (3) years or
until terminated as provided by law, or by the provisions of this Agreement.
This Agreement shall automatically renew annually as of the third
anniversary, unless otherwise terminated as provided by law or the provisions
of this Agreement. Provided, however, that this Agreement will not
automatically renew if the City gives the City Administrator notice in writing
six (6) months before the expiration of the initial three -year term of this
Agreement or the expiration of any automatic annual renewal thereafter, and
in which case the provisions of Section 6.B. of this Agreement shall not apply.
2. Duties. City Administrator shall perform all duties and obligations of the City
Administrator as required by law, and such other duties as are assigned from
time to time by the Mayor. The City Administrator recognizes that the Mayor
is the Executive body of the City and agrees to respond promptly to the Mayor
regarding any concerns that he /she may have relating to City business. The
City, through the Mayor, recognizes that the City Administrator is the
individual responsible for administration and enforcement of the City's
ordinances and resolutions, and of the policies and directives of the Mayor,
and Mayor shall communicate his/her concerns regarding administration to
the City Administrator in accordance with Chapter 35A.12 RCW. City
Administrator shall attend all special and regular meetings of the Council,
unless excused, and such other meetings as required by the Mayor.
3
3. Salarv. City Administrator shall be paid $136,536.00 annual base salary, and
then increased with annual step increases. City Administrator shall be paid in
accordance with the procedures for other employees of the City, and shall
receive Cost of Living Adjustments (COLA) as otherwise provided to non
represented employees.
4. Benefits. All benefits applicable to City Department Heads and Directors
shall also be applicable to City Administrator, with the exception that upon
hire the City Administrator will receive twenty four (24) days of annual
vacation leave which represents the maximum accrual for all non represented
employee. This accrual will be enforce throughout the duration of this
agreement, or as otherwise provided to City Department Heads and Directors.
In addition, the following benefits are specifically approved for the City
Administrator:
A. General Expenses. The City recognizes that certain expenses of a non-
personal and generally job affiliate nature are incurred by City
Administrator, and agrees to reimburse or to pay said general expenses
allowed by the RCW of the State of Washington and the City Finance
Department is authorized to disburse such monies upon receipt of duly
executed expense or petty cash vouchers, receipts, statements or personal
affidavits as approved by the City.
B. Car Allowance. Beginning on the effective date of this contract, the City
shall provide a City automobile or pay a monthly car allowance of
$300.00 for automobile expenses incurred by City Administrator's use of
his personal vehicle for City related business. (Said allowance is in lieu of
the City otherwise providing City Administrator with use of a City vehicle
on a regular basis). Car allowance shall be reviewed by the Mayor on an
annual basis and, considering changes in the CPI or other economic
indicators, be increased as appropriate, provided that in no event will the
car allowance be more than $600.00
C. Membership Dues. The City shall pay membership dues for the City
Administrator's membership in the Washington City /County City
Manager's Association (WCCMA) and the International City Manager's
Association (ICMA). The City shall pay for the City Administrator's
attendance at such conferences and for such other memberships,
subscriptions, or dues, desirable for City Administrator's continued
professional growth, advancement and the good of the City, and as shall
be contained in the City's adopted annual budget.
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D. Civic Club Membership. The City recognizes the desirability of
representation in local civic clubs and other organizations, and the City
Administrator is authorized to become a member of one (1) civic club for
which the City shall pay dues and meeting expenses. City Administrator
shall report to the City on membership he has taken at the City's expense.
E. Professional Development. The City agrees to budget for and to pay for
travel and subsistence expenses of City Administrator for professional and
official travel, meetings, and occasions adequate to continue the
professional development of City Administrator and to adequately pursue
necessary official functions for the City, including, but not limited to the
Washington State City /County City Managers' Association and such other
national, regional, state and local governmental groups and committees
thereof which City Administrator serves as a member.
5. Performance Review. The City Administrator's performance shall be
reviewed annually on or about the anniversary date of the City
Administrator's commencement date of employment as the City
Administrator. The Mayor, as a part of the performance review process, shall
define such goals and performance objectives, which they determine
necessary for the proper operation of the City and to attain the City's policy
objectives. The Mayor, in consultation with City Administrator, will establish
a priority amongst the various goals and objectives and said objectives and
priorities shall be reduced to writing.
6. Termination.
A By the Citv. The parties recognize and acknowledge that City
Administrator is an "at will" employee and agrees that the Mayor may
terminate City Administrator with or without cause at any time and for any
reason.
B. Termination Pay. In the event the City elects to terminate City
Administrator for any reason other than "cause City Administrator shall
receive a cash payment equal to six (6) months of City Administrator's
base salary plus a sum equal to the premiums for the City medical plan for
six (6) months medical, dental and vision for the City Administrator and
dependents. City Administrator shall also receive payment for all
accumulated Vacation Leave and Sick Leave accumulated in accordance
with the Tukwila Municipal Code and the City's policies, practices and
procedures. Said sum shall be subject to applicable federal withholding
taxes. In consideration of said payment, City Administrator agrees to
execute a release of all claims against the City, its elected or appointed
991
5
officers, employees or agents, for any claims arising out of City
Administrator's employment or City Administrator's termination of
employment with the City. Provided, if City Administrator is terminated
for "cause then City Administrator shall not be entitled to any
termination pay. For the purposes of the Agreement, the term "cause"
shall mean the conviction of a felony, or any act of embezzlement,
dishonesty or theft.
C. Reduction of Salarv. In the event the City at any time during the term of
this agreement reduces the salary or other financial benefits of City
Administrator in a greater percentage than applicable across the -board
reduction for all employees of City, or in the event the City refuses,
following written notice, to comply with any other provision benefiting
City Administrator herein, or the City Administrator resigns following a
suggestion, whether formal or informal, by the Mayor that he resign, then,
in that event City Administrator may, at his option, be deemed to be
terminated at the date of such reduction or such refusal to comply and
shall be entitled to termination pay pursuant to section 6B of this
agreement.
D. Termination by City Administrator. In the event City Administrator elects
to terminate employment with the City for any reason, City Administrator
agrees to provide the City with not less than sixty (60) days notice prior to
the effective date of said termination of employment. Notwithstanding the
foregoing notice requirement, nothing shall prevent the Mayor upon
receiving City Administrator's notice of intent to terminate City
Administrator's employment from compensating the City Administrator at
the rate of the City Administrator's base salary for the unexpired portion
of the sixty (60) days notice and releasing City Administrator prior to the
expiration of said notice.
7. Indemnification. The City shall indemnify, insure, and hold the City
Administrator harmless, including providing additional legal counsel if the
City cannot otherwise provide legal representation for the City Administrator,
for any and all civil legal actions brought against the City Administrator
arising out of the proper discharge of his duties while acting within the scope
of his employment as City Administrator.
8. Bondine. The City shall bear the full costs of any fidelity or other bonds
required of the City Administrator under any law or ordinance.
9. Intearation. This Agreement constitutes the entire agreement between the
parties, and both parties acknowledge that there are no other agreements, oral
or otherwise, that have not been fully set forth in the text of this Agreement.
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10. Modification. The parties agree that this Agreement can be amended or
modified only with the written concurrence of both parties.
11. Authorization of Facsimile Conies. Both parties agree that should the City
Administrator sign a facsimile copy of this contract, transmitting the same to
the City, that upon the Mayor signing said facsimile copy, both parties shall
be bound by the terms and provisions of this Contract which shall be
substituted for the signed facsimile copy.
DATED this day of
,20
CONTRACTOR
CITY OF TUKWILA
By:
Jim Haggerton, Mayor
ATTEST /AUTHENTICATED
David Cline,
City Administrator
APPROVED AS TO FORM:
By: By:
City Clerk Office of the City Attorney
CONTRACTOR'S ACKNOWLEDGMENT:
David Cline represents and acknowledges that he has read this Agreement in its
entirety and has had an opportunity to review the Agreement. He further represents and
acknowledges that it is his understanding that this contract has been reviewed and
approved by the City of Tukwila Attorney. By virtue of this passage, he further
acknowledges that he has been advised that he has the right to consult independent
counsel concerning this Agreement, and that by signing this Agreement he acknowledges
that he has afforded himself the opportunity to do so, or hereby expressly waives his right
to have the Agreement reviewed by independent counsel, and agrees to the terms hereof
by signing the same.
CONTRACTOR
By:
David Cline, City Administrator
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COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared Mayor'.l review Council review.
10/03/11 I MG I I
5.
V
1``° ITEM -INFORMATION
CAS NUMBER: 11 I ORIGINAL AGENDA DATE: OCTO 3, 2011
AGENDA ITEM TITLE Accept as complete E Marginal Way S S 86 PI Signal Pole Replacement Project
and release retainage bond
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 10103111 Mtg Date Mig Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S The contract with Signal Electric, Inc. of Kent, WA is complete for the East Marginal Way
SUMMARY South and South 86 Place Signal Pole Replacement Project. This project replaced the
signal pole that was damaged by a vehicular accident on February 20, 2010. Construction
started January 6, 2011 and was physically completed on July 14, 2011. Council is being
asked to accept and finalize the contract in the amount of $38,351.23.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/19/11
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
[,COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$38,351.23 $38,559.40 $0.00
Fund Source: 000.16 STREET FUND
Comments: To be fu //y reimbursed by driver's insurance company
I MTG. DATE I RECORD OF COUNCIL ACTION
10/03/11
IMTG.DATEI ATTACHMENTS
10/03/11 Informational Memorandum dated 09/16111
State of WA Dept of Revenue Notice of Completion 11 -002
Minutes from the Transportation Committee meeting of 09/19/11
9
10
TO:
FROM:
DATE:
SUBJECT:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
Bob Giberson, Public Works Director
September 16, 2011
East Marainal Wav S and S 86 PI Siqnal Pole Replacement Proiect
Project No. 11001605, Contract 11 -002
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
The Notice to Proceed for Contract No. 11 -002 with Signal Electric, Inc. of Kent, Washington,
was issued on January 6, 2011 for construction of the East Marginal Way S and S 86 PI Signal
Pole Replacement Project. The project included the installation of a signal pole that was
damaged by a vehicular accident on February 20, 2010. The driver's insurance company will be
billed for all reimbursement costs.
ANALYSIS
Construction was physically completed on July 14, 2011. Three change orders were issued
during construction for $3,297.23. The first two change orders included modifications to the
signal pole base to allow the reuse of the existing cantilever section and the final change
order modified the signal light mount point to achieve an acceptable clearance height above
the road surface.
The budget for this contract with a 10% contingency was $38,559.40 and the outstanding
retainage amount is $1,917.56.
Contract Award Amount 35,054.00
Change Order Nos 1 through 3 3.297.23
Total Amount Paid (incl. retainage) 38.351.23
RECOMMENDATION
The Council is being asked for formal acceptance and retainage release authorization, subject
to standard claim and lien release procedures, for the contract with Signal Electric, Inc. in the
amount of $38,351.23 and consider this item on the consent agenda of the October 3, 2011
Regular Meeting.
Attachment: Dept of Revenue Notice of Completion
W:\PW Eng \PROJECTSW- RW RS Projects \11001605 EMW 86th PI Signal Pole \Construction\ #.200 Correspondence \010 -To Others \Info Memo Closeout 9- 13- 11.docx
11
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State of Washington
Department of Revenue
PO Box 47474
REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 173 005 578
Date 8/17/11
From:
r 1
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
name &:Address of Public Agency:
Department Use Only
Assigned To
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract
East Marginal Way S and S 86"' PI Signal Pole Replacement
Contractor's Name
Signal Electric, Inc
Contractor's Address
PO Box 6209, Kent WA 98064 -6209
Date Work Commenced Date Work Completed
1/6/11 7/14/11
Surety or Bonding Company
Fidelity and Deposit Company Propel Insurance (Local Agent)
Agent's Address
PO Box 2940 Tacoma WA 98401
Contract Amount 35,054.00
Additions 3,297.23
Reductions 0.00
Sub -Total 38,351.23
Amount of Sales Tax Paid at 0.0% 0.00
(If various rates apply, please send a breakdown)
TOTAL 38,351.23 TOTAL 38,351.23
sz, '"D><slurs><ng:Office'r
Signature
Comments:
Tax Rule 171
Finance Approval 1
Contract Number
11 -002
Telephone Number
253- 872 -7177
Date Work Accepted
XX/XX/XX
Liquidated Damages 0.00
Amount Disbursed 36,433.67
Amount Retained 1,917.56
Type or Print Name Diane Jaber
Phone Number 206 433 -1871
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6- 27 -01) 13
Citv of Tukwila
Transportation Committee
TRANSPORTATION COMMITTEE Meeting Minutes
September 19, 2011 5: 00 p.m. Conference Room I
PRESENT
Councilmembers: Joan Hernandez, Chair; and Verna Seal
Absent: Joe Duffie
Staff. Bob Giberson, Frank Iriarte, Robin Tischmak, Peter Lau, Shawn Hunstock, Gail Labanara and
Kimberly Matej
CALL TO ORDER: The meeting was called to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Project Completion and Acceptance: Signal Pole at :East Marginal Way South South 86 Place
Staff is seeking full Council approval for formal project completion, acceptance and release of the retainage
to Signal Electric, Inc. of Kent for the Signal Pole Replacement Project at East Marginal Way South and
South 86 Place. Damage was caused by a vehicular accident in February, 2010.
Three change orders were issued during this project for $3,297.23, all which were within the project's 10%
contingency. The project costs came in slightly under budget at $38,351.23. Project costs will be billed to
the driver's insurance company for reimbursement UNANIMOUS APPROVAL. FORWARD TO
OCTOBER 3 CONSENT AGENDA.
III. SCATBd
The Committee reviewed and briefly discussed the August 16 SCATBd meeting summary and the September
20 meeting agenda. INFORMATION ONLY.
IV. MISCELLANEOUS
After the meeting adjourned, Committee Members present went on a mobile tour of Southcenter Parkway
Extension and Tukwila Urban Center (Klickitat) Access projects which are under construction.
Meeting adjourned at 5:13 p.m.
Next meeting: Monday, October 3, 2011 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM. Reviewed by GL.
IM,
CAS NUMBER:
AGENDA ITEM TITLE
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by, n MavorV review Council review-
10/03/11 I WBG�
5.D.
ITEM INFORMATION
11 -100 I ORIGINAL AGENDA DATE: OCTOBER 3, 2011
Accept as complete 6300 Building Standby Generator Project
and release retainage bond
CATEGORY Disczssion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 10103111 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR E] Council E] Ma Adm Svcs DCD Finance Fire ❑Legal P &R Police ®PW/
SPONSOR'S The contract with Urban Electric, Inc. (now Genesis 3) of Tukwila, WA is complete for the
SUMMARY 6300 Building Standby Generator Project. This project installed a new standby generator
for the 6300 Building that services the City's computer system. Construction started
February 3, 2011 and was physically completed on August 9, 2011. Council is being
asked to accept and finalize the contract in the amount of $116,803.72.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/27/11
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
,COST IMPACT FUND SOURCE;
EXPENDI"PURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$116,803.72 $131,189.93 $0.00
Fund Source: 303.97 GENERAL IMPROVEMENTS
Comments: Funded by the Emergency Preparedness Bond
MTG. DATE J RECORD OF COUNCIL ACTION
10/03/11
MTG. DATE 1 ATTACHMENTS
10/03/11 Informational Memorandum dated 09/23/11
State of WA Dept of Revenue Notice of Completion 11 -017
Minutes from the Utilities Committee meeting of 09/27/11
15
16
TO:
FROM
DATE
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
Bob Giberson, Public Works Director
September 23, 2011
SUBJECT: 6300 Building Standbv Generator Proiect
Project No. 90630302, Contract 11 -017
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
The Notice to Proceed for Contract No. 11 -017 with Urban Electric, Inc. (now Genesis 3) of
Tukwila, Washington, was issued on February 3, 2011 for construction of the 6300 Building
Standby Generator Project, which included installation of a standby generator as part of the
bonded emergency preparedness initiatives.
ANALYSIS
Construction was physically completed on August 9, 2011. Two change orders were issued
during construction for $2,489.06. The first change order included modifications to the
electrical system of the 6300 Building to allow for the entire building load to be supported by
the new generator (as opposed to limited load such as only lighting). The second change
order allowed for the relocation of the electrical meter housing to the outside of the building
per PSE standards (meter was inside one of the garage closets and had restricted access).
The budget for this contract with a 15% contingency was $131,189.93 and the outstanding
retainage amount is $5,333.50.
Contract Award Amount 104,181.00
Change Order Nos. 1 2 2,489.06
Sales Tax (at 9.5 10,133.66
Total Amount Paid (incl. retainage) 116.803.72
RECOMMENDATION
The Council is being asked for formal acceptance and retainage release authorization, subject
to standard claim and lien release procedures, for the contract with Genesis 3 (dba Urban
Electric) in the amount of $116,803.72 and consider this item on the Consent Agenda of the
October 3, 2011 Regular Meeting.
Attachment: Dept of Revenue Notice of Completion
WAPW Eng\PROJECTS\H- BG Projects\06BG01 Stand -by Power Upgrade\6300 Building 10901301 \Constwction\#.200 Correspondence\010 To Otherskinfo Memo Closeout 9- 23- 11.docx
17
im
vTA
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Contractor's UBI Number: 603 068 122
Date: 9/26/11
Name Address, of Pubiic A N enc "a
g Y pepartment Use Only
City of Tukwila Assigned to:
6200 Southcenter Blvd.
Tukwila, WA 98188 Date Assigned:
UBI Number:
Notice is hereby given relative to the completion of contract or project described below
Project Name Contract Number Job Order Contracting
6300 Building Standbv Generator 11 -017 Yes No
Description of Work Done/Include Jobsite Address(es)
Installation of standby generator at 6300 Southcenter Blvd., Tukwila, WA 98188
Federally funded road transportation project? 1'es V No
Contractor's Name 'Telephone Number
Genesis 3 dba Urban Electric 206- 686 -8722
Contractor Address
PO Box 58328, Seattle, WA 98138
If Retainage is Bonded, List Surety's Name (or attach a copy)
Western Surety Company Propel Insurance (Local Agent)
Surety Agent's Address
PO Box 2940, Tacoma, WA 98401
Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted
1/31/11 2/3/11 8/9/11
Contract Amount 104,181.00
Additions 2,489.06 Liquidated Damages 0.00
Reductions 0.00 Amount Disbursed 111,470.22
Sub -Total 106,670.06 Amount Retained 5,333.50
Amount of Sales Tax Paid at .095
jJf ,anus rates apply, please send a breakdown) 10,133.66
t Wit' TOTAL 116,803.72 TOTAL 116,803.72
NOTE: These two totals must be equal
Please List all Subcontractors Below:
Subcontractor's Name: IUBI Number: lAffidavit ID (if known)
Green River Construction I 600 582 949
Gage Concrete I 602 984 621
I
F 08 -2011
REV 31 0020e(08/25/11) Continued on page 2
19
City of Tukwila
Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
September 27, 2011 S: 00 p.m. Conference Room #1
PRESENT De'Sean Quinn, Chair; Dennis Robertson and Kathy Hougardy
Staff: Frank Iriarte, Mike Ronda, Peter Lau, Gail Labanara and Kimberly Matej
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. 2010/2011 Small Drainage Prop-ram. Supplement No. 2
Staff is seeking Council approval of Supplement No. 2 with KPG, Inc. in the amount of $54,376.76 for
construction management support services (mostly field inspections) related to the 2010/2011 Small
Drainage Program. Additional construction management will be provided by City staff. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 10 COW FOR DISCUSSION.
B. Proiect Completion and Acceptance: 6300 Building Standbv Generator Proiect
Staff is seeking Council approval for project completion, closeout and release of retainage to Genesis 3
(previously dba Urban Electric, Inc.) in the amount of $116,803.72 for the installation of a standby
emergency generator located at the 6300 Building. Two change orders in the amount of $2,489.06 were
issued during this project. The project was completed under budget. UNANIMOUS APPROVAL.
FORWARD TO OCTOBER 3 CONSENT AGENDA.
III. MISCELLANEOUS
Meeting adjourned at 5:08 p.m.
Next meeting: Tuesday, October 11, 2011 5:00 p.m. Conf. Room No. 1.
Committee Chair Approval
Minutes by KAM. Reviewed by GL.
20
COUNCIL AGENDA SYNOPSIS
CAS NUMBFIR:
Initials ITEM NO.
Meeting Date Prepared by Mayor's review Council review
10/03/11 BM I I (',l`� I 6.
v I 7.A.
ITEM INFORMATION
11 -101 STAFF SPONSOR: BRANDON MILES ORIGINA], AGI3NDA DATE: 10/03/11
AGI?ND ITI "M TI17,1?
C.A77?GOitl' Discussion
tlltg Dole
Unclassified Use Permit (UUP) application for Blue Star Gas to operate a propane
distribution facility. (Quasi- ]udicia1) PLEASE BRING BLUE BINDERS WHICH WERE
PLACED IN COUNCIL BOXES ON MONDAY, SEPTEMBER 26
Motion Resolution Ordinance Bid Award Public Hearing ❑Other
lltg Date 1013111 Nltg Date jllltg Date Pltg Date Mtg Date 1013111 PQig Date
SPONSOR Council A4gyor HR DCD Finance Fire IT P &R Police PIu
SPONSOR'S, Blue Star Gas is proposing to operate a propane distribution facility at 10802 East Marginal
SUIMMr. RY Way South within the City's Manufacturing Industrial Center /Heavy Zoning District. Under
Tukwila Municipal Code (TMC 18.38.050 (8)) an Unclassified Use Permit is required for the
proposed 30,000 gallon tank and the smaller tank on the site. Please remember to bring
your briefing binder which was placed in Council boxes on Monday, September 26, 2011.
RI:\'I1?W"I?D BY CO`s/ Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: NONE QUASI- ]UDCIAL COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development, approval with conditions.
C0'.\4MI1 77313
COST IMPACT FUND SOURCE
EYPVNDITURF, Rl?( )UIR1 AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Coininents: N/A
I MTG.DATEI RECORD OF COUNCIL ACTION
10/03/11
I MTG.DATEI ATTACHMENTS
10/03/11 I Blue Star UUP Briefing Binder
21
22
COUNCIL AGENDA SYNOPSIS
ITEM NO.
Meeting Date Prepared by 1Vlayo 'r re
'n
Council review
08/15/11 JP 6.
10/03/11 JP �f ,�°5'
7' B.
ITEM INFORMATION
CAS NUMBER: 11 -081 STAF SPONSOR: JACK PACE ORIGINtU,AGIiNl)i\ DA1'1 8/15/11
AGr&;NDA ITI IM TiT1i —i Public Hearing and adoption of findings of fact on moratorium on medical cannabis
collective gardens and dispensaries
C vl'I .GC )RY Dir6GlJJ7017 Motion Resolution Ordinance .Bid Award .Public.Heariizg Other
lltg Dale 8115111 All Dale MIg Date nliSDa1e8115& t11t� Date Mtg Date 10/3/11 All Date
10/i
SPONSOR Council Alayor HR ®DCD Finance .Fire IT P &R Police PUI
SPONSOR'S Recent amendments to RCW 69.51A, the medical marijuana law, now allow "collective
SUMNIIARY gardens However portions of the law were vetoed by the Governor and possession and
distribution of cannabis remain a violation of federal law. Given the contradictory legal
framework and the lack of clarity in RCW 69.51A the City needs additional time to study
the issue and analyze the impacts. The Council is being asked to hold a public hearing on
the emergency ordinance, per state law, on 10/3/11 and adopt the findings of fact.
RI,vIi;\vlr,u I1Y cowMtg. CA &P Cmte 1~ &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADN Department of Community Development
CO \4I\,II'I ""'T" None emergency action
COST IMPACT FUND SOURCE
EPIr,NDI'1'URIf. RI?c )UIRIi,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
C'onmzents: No direct expenses are expected, work plan will be performed with existing staff
MTG. DATE 1 RECORD OF COUNCIL ACTION
8/15/11 I Passed Ordinance 2348 enacting a 12 month moratorium
10/3/11
MTG. DATE I ATTACHMENTS
8/15/11 Informational Memorandum dated 8/8/11
Moratorium Ordinance
WCIA Risk Management Bulletin
10/3/11 Informational Memorandum dated 9/28/11
Draft Ordinance
Ordinance #2348, adopting moratorium
23
24
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Jack Pace, Community Development Director
DATE: September 28, 2011
SUBJECT: Moratorium on Medical Cannabis Collective Gardens and Dispensaries
ISSUE
The City Council is required to conduct a public hearing for the emergency moratorium on
medical cannabis collective gardens and dispensaries that was adopted on August 15 under
Ordinance 2348.
BACKGROUND
On August 15 the City Council adopted Ordinance 2348 which established an emergency 12
month moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries. This was needed due to
the confusion and uncertainty created by recent amendments to RCW 69.51 A. Under State Law
the City is required to conduct a public hearing within 60 days of adoption of the emergency
moratorium.
The voters of Washington State passed initiative Measure No. 692 on November 30, 1998
allowing for the medical use of marijuana (cannabis). This has been codified as RCW Ch.
69.51A and created a limited defense to charges under state, not federal, law if the person
charged can demonstrate that he or she was a qualifying patient or designated provider. In
2007, the state legislature amended the law, and again in 2011, the state legislature passed a
third amendment to the law, portions of which the Governor vetoed. The newly amended law
took effect on July 22, 2011.
These recent amendments to RCW 69.51A change the scope and effect of the law affecting the
rights of qualifying patients and their designated providers. The law now allows "collective
gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10
qualifying patients. The new law, however, clearly delegates to cities the authority to implement
zoning requirements, business licensing requirements, health and safety requirements, and
business taxes as those requirements and taxes relate to the production, processing, or
dispensing of medical marijuana. In particular, local regulations could address ambiguities
concerning the location and operation of collective gardens, and ensure that provisions related
to designated providers are not used to establish a de facto dispensary when the authority for
such uses was vetoed.
Despite this legislation the possession or distribution of cannabis has been and continues to be
a violation of state law pursuant to RCW 69.50 (Washington's Uniform Controlled Substances
Act), and federal law, through the Controlled Substances Act "CSX). Washington's two U.S.
Attorneys state that marijuana is a Schedule I controlled substance under federal law and, as
such, "growing, distributing and possessing marijuana in any capacity, other than as part of a
federally authorized research program, is a violation of federal law regardless of state laws
25
INFORMATIONAL MEMO
Page 2
permitting such activities." These U.S. Attorneys also concluded, "state employees who
conducted activities mandated by the Washington legislative proposals would not be immune
from liability under the CSA."
DISCUSSION
WCIA has issued an update to its earlier risk management bulletin emphasizing the need for
cities to proceed cautiously in this uncharted area. Given the contradictory legal framework and
the lack of clarity in RCW 69.51A the City of Tukwila needs additional time to study the issue
and analyze the impacts of allowing these uses and facilities in residential zones as well as
impacts arising from the proximity of these uses and facilities to schools, daycares, parks,
religious and cultural facilities, jails and courthouses.
Work Plan over the next 10 months:
Clarify Legal Issues:
Community Development and other City departments will work to determine the
legality of medical marijuana dispensaries, production facilities, and processing
facilities
The City Attorney will review the pending dispute between state and federal law
enforcement authorities regarding the legality of medical marijuana under any
circumstances and notwithstanding the enactment by the Legislature of RCW
69.51 A
The City will consult with WCIA to develop a legally sound approach to the issue
If such uses are determined to be legal:
Appropriate City Departments will conduct public outreach to inform citizens about
the issue
DCD will develop draft land use regulations pursuant to the newly amended law for
review and recommendation
The Finance Department will develop appropriate business licensing and other
regulations pursuant to the newly amended law for review and recommendation
Conduct the appropriate legislative review process for the proposed changes
RECOMMENDATION
The Council is being asked to approve the attached ordinance at the October 3, 2011 Regular
Meeting after conducting the required public hearing. The ordinance establishes findings of fact
for the adopted moratorium.
ATTACHMENT
Draft Ordinance
Ordinance #2348, adopting moratorium
WA2011 Info MemoslGardenMortlnfoMemo.doc
26
City of TUkwfl�a
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO 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; ADOPTING FINDINGS TO FACT TO JUSTIFY THE
MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on August 15, 2011, the Tukwila City Council passed 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, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the
City is required to hold a public hearing within 60 days of adoption of a moratorium and
to adopt Findings of Fact;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council adopts the following
Findings of Fact in support of the moratorium adopted by Ordinance No. 2348:
1. The possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act "CSA"
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
NG:bjs Page 1 of 4
27
2. Initiative Measure No. 692, approved by the voters of Washington State on
November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited
defense to marijuana charges under state —not federal —law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature
amended the law, and in 2011 the state legislature passed a third amendment to the
law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed.
The newly amended law took effect on July 22, 2011.
3. Prior to issuing her partial veto, the Governor received a letter signed by
Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their
letter, they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities." These U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSX.
4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill
amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities. For example, certain sections that were not vetoed
make reference to other sections that were vetoed.
5. The recent amendments to Chapter 69.51A RCW change the scope and
effect of the law. New sections affect the rights of qualifying patients and their
designated providers. The law now allows "collective gardens" that provide for growing
and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law
also provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers.
6. The new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana. In particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed.
7. The City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws.
8. The City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of these
uses or facilities are minimized and mitigated. These secondary impacts may include,
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
28 NG:bjs Page 2 of 4
but are not limited to, burglaries associated with the cash and marijuana maintained on
the site, or an increase of other illegal activities, such as drug use, within the vicinity of
these dispensaries.
9. In particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from the
proximity of these uses and facilities to schools, daycares, parks, religious and cultural
facilities, jails and courthouses. Accordingly, the City Council finds that a zoning,
licensing, and permitting moratorium should be established, pending local review of
appropriate locations and design requirements of these operations, and impacts of the
newly amended law and its interaction with federal law.
10. City staff has presented a staff report to the City Council that outlines a
tentative schedule for examining the impacts associated with collective gardens and
dispensaries. Given the complexity of examining the issues associated with collective
gardens and dispensaries, the City will need at least one year to complete an in -depth
analysis and to complete a public outreach program.
11. The City Council, following public notice, conducted a public hearing
regarding the moratorium on October 3, 2011.
12. Although the City Council determines that a moratorium is necessary for
the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons.
Nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play.
13. The City Council has considered the foregoing facts, materials and
testimony.
Section 2. 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 3. 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.
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
NG:bjs Page 3 of 4
29
Section 4. 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 1 2011.
ATTEST /A UTH E NTI CATE D:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
30 NG:bjs Page 4 of 4
C ity of u la
Washington
Ordinance No. ;�3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A 12 -MONTH 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; SETTING A DATE FOR A PUBLIC HEARING ON THE
MORATORIUM; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act "CSA and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington
State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a
limited defense to marijuana charges under state, not federal, law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Ch. 69.51A RCW; and in 2007, the state legislature
amended the law; and in 2011 the state legislature passed a third amendment to the
law, E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor vetoed,
and the newly amended law took effect on July 22, 2011; and
WHEREAS, prior to issuing her partial veto, the Governor received a letter signed
by Washington's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan, and in their
letter they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities;" and these U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSA"; and
W: Word Processing \Ordinances \Moratorium on marijuana collective gardens 8 -10 -11
NG:bjs Page 1 of 5
31
WHEREAS, because the Governor vetoed 36 of the 58 sections of the legislature's
bill amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities; for example, certain sections that were not vetoed
make reference to other sections that were vetoed; and
WHEREAS, the recent amendments to Chapter 69.51A RCW change the scope
and effect of the law, including new sections that affect the rights of qualifying patients
and their designated providers; and the law now allows "collective gardens" that provide
for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients,
and provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers; and
WHEREAS, the new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana; and in particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed;
and
WHEREAS, the City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws; and
WHEREAS, the City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of
these uses or facilities are minimized and mitigated; and these secondary impacts may
include, but are not limited to, burglaries associated with the cash and marijuana
maintained on the site, or an increase of other illegal activities, such as drug use, within
the vicinity of these dispensaries; and
WHEREAS, in particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from
the proximity of these uses and facilities to schools, daycares, parks, religious and
cultural facilities, jails and courthouses; and accordingly, the City Council finds that a
zoning, licensing, and permitting moratorium should be established pending local
review of appropriate locations and design requirements of these operations and
impacts of the newly amended law and its interaction with federal law; and
WHEREAS, although the City Council determines that a moratorium is necessary
for the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons;
nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play;
W: Word Processing \Ordinances \Moratorium on marijuana collective gardens 8 -10 -11
N&bjs Page 2 of 5
32
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Preliminary Findings. The recitals and findings set forth above are
hereby adopted as the City Council's preliminary findings in support of the moratorium
imposed by this ordinance. The City Council may, in its discretion, adopt additional
findings at the conclusion of the public hearing referenced in Section 6 below.
Section 2. Moratorium Imposed. Pursuant to the provisions of Article 11,
Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW
36.70A.390, a moratorium is hereby enacted prohibiting within the City of Tukwila, the
establishment, location, operation, licensing, maintenance, or continuation of any
medical cannabis collective garden or any medical marijuana dispensary, whether for
profit or not for profit, asserted to be authorized or actually authorized under E2SSB
5073, Chapter 181, Laws of 2011, Chapter 69.51A RCW, or any other laws of the state
of Washington. No building permit, occupancy permit, or other development permit or
approval shall be issued for any of the purposes or activities listed above, and no
business license shall be granted or accepted while this moratorium is in effect. Any
land use permits, business licenses or other permits for any of these operations that are
issued as a result of error or by use of vague or deceptive descriptions during the
moratorium are null and void and without legal force or effect.
Section 3. 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 complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
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NG:bjs Page 3 of 5
33
Section 4. 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 5. Effective Period for Moratorium. The moratorium set forth in this
ordinance shall be in effect for a period of 12 months from the date this ordinance is
passed and shall automatically expire at the conclusion of that 12 -month period unless
the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless
terminated sooner by the City Council.
Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Council will hold a public hearing at the City Council's regular meeting at 7:00
p.m. in Council Chambers on October 3, 2011, or as soon thereafter as the business of
the City Council shall permit, and which date is no more than 60 days after the date of
adoption herein, in order to take public testimony and to consider adopting further
findings.
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, production facilities, and
processing facilities including but not limited to review of the pending dispute between
state and federal law enforcement authorities regarding the legality of medical
marijuana under any circumstances and notwithstanding the enactment by the
legislature of RCW 69.51A. 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. 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. 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 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.
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Section 10. Effective Date. The City Council hereby finds and declares that there
is a potential that persons seeking to engage in marijuana collective garden or
dispensary uses could claim vesting under E2SSB 5073 and/or that the presence of
any marijuana collective gardens in the City of Tukwila could have negative secondary
effects if not first addressed by adequate and appropriate regulations, and that,
therefore, an emergency exists which necessitates that this ordinance become effective
immediately in order to preserve the public health, safety and welfare. This ordinance
shall become effective immediately upon passage. The City Clerk is directed to publish
a summary of this ordinance at the earliest possible publication date.
PASSED BY THE CITY COUNCIL,OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this ___��7" day of S�
2011.
ATTEST /RUTH ENTI CATE D:
0
Christy O'Fl9ierty, CIVIC, City'
APPROy� -i F RM BY:
Sh y M, �ke, it Attorney
Ji ggerl:02196r
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number: 43Lml
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36
CO UNcm AGENDA SYNOPSIS
Initial) ITEM NO.
Meetile� Date Prepared by Mayor',r review I Coiincikeview
08/22/11 JP ,A- I V-k/ 1
09/26/11 JP I OJ 1 7.C.
10/03/11 JP K, (fAlljl
ITEM INFORMATION
CAS NU;\aHr";IZ: 11 -082 STAFF' SPONSOR: JACK PACE OIZIGINA].AGI?NI)A DA'r'I 8/22/11
Ar,r.NMA I rrlivi Trrlar, Update to Tukwila's Small Animal Regulations
Discu.rrion Motion resolution Ordinance BidAnvard .Public.Heariq Other
Atltg Dale M/g Date A�Itg Date A�ltg Date 10/3/11 tl7tg Date MI Dale MIS Date
R /7?Rc9 /fir
SPONSOIR Council Mayor HK DCD El Finance I IT PeiR Police 1 IF
SPONSOR'S TMC 7.08 which regulates the keeping of small animals and livestock has not been updated
SUMMARY since its adoption in 1956. Citizens interested in urban agriculture and local food
production have asked the Council to lower the minimum lot size for keeping chickens
below the current standard of 10,000 sf. The draft ordinance makes this change along with
minor housekeeping edits to make the regulations more enforceable.
cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/8/11,9/12/11 COMMITTEE CHAIR: S EAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
CO NINI"I" l' -I; Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
Exi URI" R1 I RFID AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0
Fund Source: NA
C'omnzents:
I MTG.DATEI RECORD OF COUNCIL ACTION
8/22/11 1 Forward the ordinance back to CAP to consider eliminating the minimum lot size
9/26/11 IForward to next Regular Meeting
10/3/11
MTG. DATE I ATTACHMENTS
8/22/11 I Informational Memorandum dated 8/3/11
Ordinance in Draft Form
Minutes from the Community Affairs and Parks Committee meeting of 7/11/11 8/8/11
9/26/11 Informational Memorandum dated 9/16/11
Ordinance in Draft Form
Minutes from Community Affairs and Parks meeting of 9/12/11 and C.O.W. of 8/22/11
10/3/11 Ordinance in final form
37
gu;
E C i t y o f IG
Washin
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 232
(PART) REGARDING LIVESTOCK, SMALL ANIMALS AND FOWL
AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER
7.08; REPEALING ORDINANCE NO. 232 §15, §17 AND §18;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila, Washington, recognizes the
public health benefits of locally and organically sourced food; and
WHEREAS, the City's current regulations regarding livestock, small animals and
fowl were adopted in 1956 and do not reflect changing public health priorities or local
and national trends toward greater acceptance of urban agriculture; and
WHEREAS, the City Council recognizes the particular popularity of chickens among
residents of urban areas due to the sustainable source of protein provided by their eggs,
the relative ease of their care, and the relative quiet and unassuming nature of chicken
hens; and
WHEREAS, the City Council desires to allow more residents of the City
opportunities to participate in the keeping of chickens for recreation and to provide
themselves with a supplemental source of nutrition; and
WHEREAS, the City Council has received comments from the public to the effect
that the City's current regulations of livestock, small animals and fowl are needlessly
onerous in relation to the keeping of chickens; and
WHEREAS, the City desires to amend the City's current regulations of livestock,
small animals and fowl to provide more regulatory flexibility for the keeping of chicken
hens on small lots; to protect the public health, safety, and welfare by preventing
nuisances; and to improve enforceability; and
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WHEREAS, these goals will be promoted by eliminating the minimum lot size
requirement for the keeping of chickens, reducing setback requirements, prohibiting
roosters, exempting certain household pets from regulation, simplifying the regulation of
manure handling and removal, and removing or amending language and references
from Chapter 7.08 of the Tukwila Municipal Code that are out of date or inconsistent;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Tukwila Municipal Code (TMC) Section 7.08.030, "Small animals
and fowl defined," Amended. Ordinance No. 232 §3, as codified at TMC Section
7.08.030, is hereby amended to read as follows:
7.08.030 Small animals and fowl defined.
"Small animals and fowl," where used in this chapter means and includes rabbits,
chinchillas, chickens, geese, ducks, turkeys and pigeons.
Section 2. TMC Section 7.08.040, "Chinchillas, guinea pigs, hamsters,
parakeets and pigeons," Amended. Ordinance No. 232 §3(a), as codified at TMC
Section 7.08.040, is hereby amended to read as follows:
7.08.040 Animals kept as pets.
Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals
kept as household pets within a dwelling unit will not be subject to the limitations of this
chapter. Dogs and cats are regulated by TMC Section 7.12.
Section 3. TMC Section 7.08.050, "Rabbits, chickens, geese, ducks and
turkeys," Amended. Ordinance No. 232 §3(b), as codified at TMC Section 7.08.050, is
hereby amended to read as follows:
7.08.050 Roosters prohibited.
The keeping of roosters within the City limits is prohibited.
Section 4. TMC Section 7.08.070, "Number of livestock allowed," Amended.
Ordinance No. 232 §5, as codified at TMC Section 7.08.070, is hereby amended to read
as follows:
7.08.070 Number of livestock allowed.
The number of horses, cows or cattle, sheep, goats or swine allowed on any given
piece or parcel of property shall be regulated by the duly appointed Code Enforcement
Officer of the City.
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Section 5. TMC Section 7.08.100, "Minimum area for keeping," Amended.
Ordinance No. 232 §8, as codified at TMC Section 7.08.100, is hereby amended to read
as follows:
7.08.100 Minimum area for keeping animals.
With the exception of chickens, no livestock, small animals or fowl shall be kept on any
property within the City limits where the parcel does not contain a minimum of 10,000
square feet of area. Chickens may be kept as an accessory to any legal use regardless
of the area of the parcel.
Section 6. TMC Section 7.08.110, "Number of animals per area size,"
Amended. Ordinance No. 232 §9, as codified at TMC Section 7.08.110, is hereby
amended to read as follows:
7.08.110 Number of animals per property area.
Small animals and fowl shall be permitted in numbers as follows:
1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of
.rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000
square feet of property.
2. The number of rabbits, chinchillas or pigeons may be increased by 1 /10th
for each additional 1,000 square feet of property.
3. Six geese, six ducks, six turkeys or any combination of geese, ducks or
turkeys, not to exceed a total of six collectively for 10,000 square feet of property.
4. The number of geese, ducks or turkeys may be increased 1 /10th for each
additional 1,000 square feet of property.
5. One chicken per every 1,000 square feet of property.
6. At no time shall the total number of small animals or fowl exceed a total of
twelve for each 10,000 square feet of property.
Section 7. TMC Section 7.08.120, "Distance from human habitation,"
Amended. Ordinance No. 232 §10, as codified at TMC Section 7.08.120, is hereby
amended to read as follows:
7.08.120 Distance from human habitation.
Enclosures for the housing of small animals and fowl shall be built and located not less
than 10 feet from any place of human habitation and property line. The roaming area
for the small animals and fowl shall be fenced and located not less than 10 feet from
any adjacent place of human habitation.
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41
Section 8. TMC Section 7.08.150, "Manure removal," Amended. Ordinance No.
232 §13, as codified at TMC Section 7.08.150, is hereby amended to read as follows:
7.08.150 Animal waste and food waste.
A. All enclosures, confinement areas, and /or open run areas shall be kept clean.
Provision shall be made for the removal of animal waste and food waste so that the
areas are kept free from infestation of insects, rodents or disease, as well as to prevent
obnoxious or foul odors. Animal waste shall be properly disposed of and any
accumulated animal waste must not be stored within the parcel setback area. Any
storage of animal waste must not constitute a nuisance.
B. Manure shall not be allowed to collect in any place where it can prejudicially
affect any source of drinking water.
C. Manure, when used as a fertilizer, must be plowed or spaded under within 24
hours after application.
Section 9. TMC Section 7.08.160, "Enforcement," Amended. Ordinance No.
232 §14, as codified at TMC Section 7.08.160, is hereby amended to read as follows:
7.08.160 Enforcement.
The Code Enforcement Officer for the City shall be authorized to enforce this chapter,
unless otherwise provided.
Section 10. TMC Section 7.08.180, "Exemptions," Amended. Ordinance No.
232 §16, as codified at TMC Section 7.08.180, is hereby amended to read as follows:
7.08.180 Exemptions.
A. Residents may keep all animals legally owned and kept prior to the effective
date of this ordinance, provided they do not constitute a nuisance.
B. Any person, persons, firm or corporation who discontinues the keeping or
reduces the number of livestock, small animals or fowl for a period of more than 90
days, or who sells or transfers his property, shall then become subject to all the
provisions of this chapter.
Section 11. Repealer. Ordinance No. 232 §15 relating to the issuance of permits
for housing, §17 relating to fines for violations, and §18 relating to violations considered
as separate offenses are hereby repealed.
Section 12. 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.
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42
Section 13. 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 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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43
M A
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meetino Date Prepared by Mayor eview Cotincil review
09/26/11 KKK
10/03/11 KK f�iP�� 7 D.
ITEM INFORMATION
CAS NUNIBFIR: 11 -094 (STAFF SPONSOR: KATHERINE KERTzmAN �ORIG ANAL AGI_NDA DATE: 9/26/11
Ac;1:NDA ITF1 \4 TrrI,E Multiple year multiple media advertising agreement with Bonneville
International.
®Discussion ®Motion Resolution El Ordinance ❑BidAavard E] Public Hearing Other
lltg Date 09126111 [11tg Date 10103111 Mtg Date Mtq Date Mtg Date Al/ Date 117tg Date
SP( )NSOR ❑Council ®Mayor Adm Svice DCD E] Finance El Fire El Le P -R ❑Police PIY/
SPO The Council is being asked to authorize the Mayor to sign an advertising agreement with
Bonneville International on behalf of Seattle Southside Visitor Services in an amount not to
exceed $84,000.
COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/20/2011 CHAIR HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor's signature.
COMMI Trr,E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
E .x1'1?NDI'1'URI: RI'.C)U]RF'D AMOUNT BUDGETED APPROPRIATION REQUIRED
$84,000 $345,000
Fund Source: LODGING TAx FUND 101.00.557.301.44.10 101.00.557.303.44.11 (NOT G ENERAL FUND)
Con2ments: Unanimous Approval by the Lodging Tax Advisory Committee; Forward to Finance Safety
MTG. DATE I RECORD OF COUNCIL ACTION
09/26/11 Forward to next Regular Meeting
MTG. DATE j ATTACHMENTS
09/26/11 Informational Memorandum dated 08/29/11
Bonneville International Agreement
Website Activity Report
Minutes from the Finance and Safety Committee meeting of 9/20/11 were not available
10/3/11 No attachments
45
m
COUNCT
Meeting Date Prepared by
09/12/11 MV
09/26/11 l MV
10/03/11 MV
E AGENDA SYNOPSIS
1nitialr ITEM NO.
Mayor;r review Council review
7.E.
ITEM INFORMATION
CAS NUMBI'R: 11 STAFF SPONSOR: MIKE VILLA ORIGINALAGkNDA DATL: 09/12/11
AGE'NIDA 1rr-m Trrl.F, Chronic Nuisance Ordinance
C. Discussion Motion Resolution Ordinance Bid Award Public Hearin Otber
VVg Dote l�lzg Date Nltg Date Mtg Date 10/3/11 tlltg Date Mtg Date Nltg Date
9 ?R J /2�
SM )NS( )R Council Mayor .HR DCD Finance E] Eire IT P &R Police PUI
SPONSOR'S The City desires a way to address issues with both residential and commercial properties
SUMMARY that present a consistent life /safety concern for residents, businesses and the City in
general. The Council is being asked to consider the adoption of the chronic nuisance
ordinance, which is one of several tools that can be used to address the above concerns.
*A reference to RCW 66.24.010, Liquor Licenses Conditions and Restrictions has been
incl ed on oaa 3 of the or base on Council discussion e 9 C.0W.
lZl. "II;�UI ;I) m! COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'rE: 9/7/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
S1 /Ai)N4JN. Police Department
Ccyn- rnn"rrI I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPI ;NISI "1'URI? Rl ;c )U IRI ,D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
09/12/11
09/26/11
10/3/11
MTG. DATE
09/12/11
09/26/11
10/3/11
RECORD OF COUNCIL ACTION
Forward to 9/26/11 Committee of the Whole, with added reference to RCW
Forward to next Reqular Meeting
ATTACHMENTS
Informational Memo dated 8/30/11; Informational Memo dated 8/31/11;
Chronic Nuisance Ordinance in Draft Form;
Minutes from the Finance and Safety Committee meeting of 9/7/11
Informational Memo dated 8/30/11; Informational Memo dated 8/31/11;
Chronic Nuisance Ordinance in Draft Form, with reference to RCW for Liquor Licenses
Minutes from the Finance and Safety Committee meeting of 9/7/11
Ordinance in final form
47
.rim;
Washingt ®n
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER 8.27
ENTITLED "CHRONIC NUISANCE PROPERTIES;" AMENDING
ORDINANCE NOS. 2333 §8 AND 2315 §1 (PART), AS CODIFIED
AT TUKWILA MUNICIPAL CODE SECTION 5.04.110, TO
INCLUDE BUSINESS LICENSE DENIAL OR REVOCATION FOR
CHRONIC NUISANCE PROPERTIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 35.22.280 empowers first class cities to define and abate
nuisances and impose fines upon persons responsible for creating or allowing
nuisances; and
WHEREAS, RCW 35A.21.160 grants code cities all of the powers which any city of
any class may have to the extent such laws are appropriate and not in conflict with the
provisions specifically applicable to code cities; and
WHEREAS, the Tukwila City Council finds that people should be able to enjoy
ownership, use and possession of property without the negative impacts caused by
chronic.nuisance properties; and
WHEREAS, some persons who own or control property in the City of Tukwila allow
their properties to be used for illegal purposes, with the result that these properties have
become chronic nuisance properties; and
WHEREAS, the current provisions of the Tukwila Municipal Code (TMC) do not
provide adequate tools for abating chronic nuisances resulting from the use of
properties for illegal purposes; and
WHEREAS, chronic nuisance properties present serious health, safety and welfare
concerns and interfere with the quality of life, comfort and solitude of other persons
residing in the neighborhood; and
WHEREAS, chronic nuisance properties cause a financial burden upon the City by
the numerous calls for service to the properties because of the illegal activities that
repeatedly occur or exist on such properties;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 8.27 Adopted. TMC Chapter 8.27, "Chronic Nuisance
Properties," is hereby established to read as follows:
8.27.010 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning
prescribed below:
A. "Abate" means to repair, replace, remove, destroy, or otherwise remedy a
condition that constitutes a violation of this chapter by such means and in such a
manner and to such an extent as the Chief of Police determines is necessary in the
interest of the general health, safety and welfare of the community.
B. "Chief of Police" means the Chief of Police or his or her designees.
C. "Control' means the power or ability to direct or determine conditions, conduct,
or events occurring on a property.
D. "Chronic Nuisance Property" means:
1. A property on which 3 or more nuisance activities as described in TMC
Section 8.27.010(E) exist or have occurred during any 60 -day period, or 7 or more
nuisance activities have occurred during any 12 -month period;
2. A property which, upon a request for execution of a search warrant, has
been the subject of a determination by a court 2 or more times within a 12 -month period
that probable cause exists that illegal possession, manufacture or delivery of a
controlled substance or related offenses as defined in RCW Chapter 69.50 has
occurred on the property; or
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50
Chapter 8.27
CHRONIC NUISANCE PROPERTIES
Sections:
8.27.010
Definitions
8.27.020
Violation
8.27.030
Investigation, Civil Infraction, and Violation Notice and Order
8.27.040
Time in Which to Comply
8.27.050
Owner Cooperation
8.27.060
Voluntary Correction Agreement and Limited Right to Enter
Property
8.27.070
Appeal to Hearing Examiner
8.27.080
Penalties
8.27.090
Abatement by the City
8.27.100
Commencement of Action— Enforcement
8.27.110
Burden of Proof
8.27.120
Additional Remedies
8.27.130
Suspension or Revocation of Business License
8.27.010 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning
prescribed below:
A. "Abate" means to repair, replace, remove, destroy, or otherwise remedy a
condition that constitutes a violation of this chapter by such means and in such a
manner and to such an extent as the Chief of Police determines is necessary in the
interest of the general health, safety and welfare of the community.
B. "Chief of Police" means the Chief of Police or his or her designees.
C. "Control' means the power or ability to direct or determine conditions, conduct,
or events occurring on a property.
D. "Chronic Nuisance Property" means:
1. A property on which 3 or more nuisance activities as described in TMC
Section 8.27.010(E) exist or have occurred during any 60 -day period, or 7 or more
nuisance activities have occurred during any 12 -month period;
2. A property which, upon a request for execution of a search warrant, has
been the subject of a determination by a court 2 or more times within a 12 -month period
that probable cause exists that illegal possession, manufacture or delivery of a
controlled substance or related offenses as defined in RCW Chapter 69.50 has
occurred on the property; or
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50
3. In the case of any property on which an establishment that sells, imports,
manufactures, or distributes alcohol is located, a property on which 3 or more "chronic
illegal activities" as defined by RCW 66.24.010(12) have occurred during any 60 -day
period, or 7 or more such activities have occurred during any 12 -month period.
E. "Drug Related Activity" means activity which constitutes a violation of chapter
69.41, 69.50, or 69.52 RCW.
F. "Nuisance Activity" includes:
1. A "most serious offense" as defined in RCW 9.94A;
2. A "drug related activity" as defined in TMC Section 8.27.010(E);
3. Any of the following activities, behaviors or criminal conduct:
a. Assault, Reckless Endangerment, as defined in RCW 9A.36;
b. Stalking or Harassment, as defined in RCW 9A.46;
c. Disorderly Conduct, as defined in TMC Section 8.70.010;
d. Promoting, advancing or profiting from prostitution as defined in RCW
e. Prostitution, as defined in RCW 9A.88.030;
f. Permitting Prostitution, as defined in RCW 9A.88.090(1);
g. Prostitution Loitering, as defined in TMC Section 8.50.040
h. Failure to Disperse, as defined in TMC Section 8.70.020;
Weapons violations, as defined in TMC Chapter 8.10;
Gang related activity, as defined in RCW 59.18.030(7).
G. "Owner" means any person who, alone or with others, has title or interest in any
property.
H. "Person" means an individual, group of individuals, corporation, partnership,
association, club, company, business trust, joint venture, organization, or any other
legal or commercial entity or the manager, lessee, agent, officer or employee of any of
them.
I. "Person in Charge" of a property means the owner, lessee, tenant, occupant,
agent, manager of a property, and /or any other person in actual or constructive
possession of a property.
J. "Property" means any land and that which is affixed, incidental or appurtenant
to land, including but not limited to any business or residence, parking area, loading
area, landscaping, building or structure or any separate part, unit or portion thereof.
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51
K. "RCW" means the Revised Code of Washington.
L. "TMC" means Tukwila Municipal Code.
8.27.020 Violation.
A. Any property within the City of Tukwila that is a chronic nuisance property as
defined in TMC Section 8.27.010 is in violation of this chapter and subject to its
remedies.
B. It is the responsibility of all persons in charge to ensure that the provisions of
this code are met on any property they own, possess, or control. Any persons in charge
of a chronic nuisance property as defined in TMC Section 8.27.010 shall be in violation
of this chapter and subject to its remedies.
C. An owner who fails to comply with TMC Section 8.27.050 is in violation of this
chapter and is subject to penalties pursuant to TMC Section 8.27.080.
8.27.030 Investigation, Civil Infraction, and Violation Notice and Order.
A. Authority. Upon presentation of proper credentials, the Chief of Police may,
with the consent of any person in charge, or with other lawful authority, enter any
building or premises in order to perform the duties imposed by this chapter.
B. Investigation. The Chief of Police may investigate any activity that he or she
reasonably believes to be a nuisance activity as defined by TMC Section 8.27.010.
C. Civil Infraction. If, after investigation, or after the complaint of residents or
others, the Chief of Police has probable cause to believe the applicable standards or
requirements of the Tukwila Municipal Code have been violated, the Chief of Police may
issue a civil infraction citation in accordance with RCW 7.80, which is incorporated
herein by this reference, upon the person(s) in charge.
D. Violation Notice and Order. Alternatively, after investigation, or based upon
the complaint of residents or others, the Chief of Police may serve a Violation Notice
and Order upon the person(s) in charge. The Violation Notice and Order shall contain
the following information:
1. A declaration that the Chief of Police has determined the property has
become a chronic nuisance property and a concise description of the nuisance activities
that exist or that have occurred.
2. What corrective action, if any, is necessary in order to remedy the nuisance
activities.
3. A reasonable time for compliance.
4. A notice that the owner and other persons in charge of the property are
subject to monetary penalties as set forth in TMC Section 8.27.080.
5. An explanation of the appeal process and the specific information required
to file an appeal.
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E. Service of a Violation Notice and Order. A Violation Notice and Order shall
be served on the person(s) in charge by personal service, registered mail, or certified
mail with return receipt requested, addressed to the last known address of such person.
When a notice is issued pursuant to this section to a person in charge other than an
owner or an owner's agent, who has permitted a property to become a chronic nuisance
property, a copy of such notice shall also be served on the owner of the property. If,
after a reasonable search and reasonable efforts are made to obtain service, the
whereabouts of the person(s) is unknown or service cannot be accomplished and the
Chief of Police makes an affidavit to that effect, then service of the notice upon such
person(s) may be made by:
1. Publishing the notice once each week for two consecutive weeks in the
City's official newspaper; and
2. Mailing a copy of the notice to each person named on the Violation Notice
and Order by first class mail to the last known address if known or, if unknown, to the
address of the property involved in the proceedings.
F. Posting. A copy of the notice shall be posted at a conspicuous place on the
property, unless posting the notice is not physically possible.
G. Amendment. A Violation Notice and Order may be amended at any time in
order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
8.27.040 Time in Which to Comply.
A. Civil Infraction Citations. Civil infraction citations will be issued and
processed in accordance with RCW 7.80, which is incorporated herein by reference.
The Tukwila Municipal Court shall have jurisdiction over all civil infraction citations
issued under this chapter.
B. Determination of Time for Compliance with Violation Notice and Order.
Persons receiving a Violation Notice and Order shall rectify the nuisance activity
identified within the time period specified by the Chief of Police pursuant to Section
8.27.030(D) of this chapter.
C. Order Becomes Final Unless Appealed. Unless an appeal is filed with the
Chief of Police for hearing before the Hearing Examiner in accordance with Section
8.27.070 of this chapter, the Violation Notice and Order shall become the final order of
the Chief of Police. A copy of the notice may be filed and recorded with the King
County Recorder.
8.27.050 Owner Cooperation.
An owner who receives a copy of a violation notice and order pursuant to TMC Section
8.27.030(D) describing a chronic nuisance property permitted by a person in charge
other than the owner or the owner's agent, shall promptly take all reasonable steps
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requested in writing by the Chief of Police to assist in abatement of the nuisance
property. Such reasonable steps may include, but are not limited to, the owner taking
all acts and pursuing all remedies, including pursuing eviction of the person(s) in
charge, that are (1) available to the owner pursuant to any lease or other agreement,
and (2) consistent with state and local laws, including but not limited to RCW 59.18.580,
the Victim Protection Limitation on Landlord's Rental Decisions.
8.27.060 Voluntary Correction Agreement and Limited Right to Enter Property.
A. Applicability. While it is the City's desire to obtain voluntary correction
pursuant to TMC Chapter 8.27, compliance is not a prerequisite for pursuing any of the
other remedies for correction in TMC Chapter 8.27, or any remedies available in law or
equity. This section may apply whenever the Chief of Police determines that a chronic
nuisance exists.
B. General. The Chief of Police may attempt to secure voluntary correction by
contacting any person(s) in charge and explaining the violation and requesting
correction.
C. Voluntary Correction and Limited Right of Entry Agreement. A Voluntary
Correction and Limited Right of Entry Agreement is a contract between the City and any
person(s) in charge of the chronic nuisance property in which such person agrees to
promptly take all lawful and reasonable actions, which shall be set forth in the
agreement, to abate the nuisance activities within a specified time and according to
specified conditions. A Voluntary Correction and Limited Right of Entry Agreement may
be entered into between the City of Tukwila— acting through the applicable department
director —and the person in charge for resolution of the violation. A Voluntary
Correction and Limited Right of Entry Agreement shall be signed by the person(s) in
charge and, if different, the owner, and may include the following:
1. The name and address of the person(s) in charge;
2. The street address or other description sufficient for identification of the
building, structure, premises, or land upon or within which the violation has occurred or
is occurring;
3. A description of the nuisance activities;
4. The necessary corrective action to be taken, and a date or time by which
correction must be completed,
5. An agreement by the person(s) in charge that the City may inspect the
premises as may be necessary to determine compliance with the Voluntary Correction
and Limited Right of Entry Agreement,
6. An agreement by the person(s) in charge that the City may abate the
nuisance and recover its costs and expenses and monetary penalties pursuant to this
chapter from the person in charge if the terms of the correction agreement are not met;
and
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7. When a person in charge other than an owner or an owner's agent has
permitted a property to be a chronic nuisance property, an agreement by the owner to
promptly take all acts and pursue all remedies requested by the Chief of Police pursuant
to TMC Section 8.27.050.
8.27.070 Appeal to Hearing Examiner.
A. The person(s) incurring the penalty described in a Violation Notice and Order
issued by the Chief of Police, pursuant to TMC Section 8.27.030(D), may obtain an
appeal of the Notice by requesting such appeal within 10 calendar days after receiving
or otherwise being served with the notice pursuant to TMC Section 8.27.030(E). When
the last day of the period so computed is a Saturday or Sunday, or a Federal or City
holiday, the period shall run until 4:30 PM the next business day. The request shall be
in writing and include the applicable appeal fee. Upon receipt of the appeal request, the
Chief of Police shall schedule an appeal hearing before the Hearing Examiner. Notice
of the hearing shall be sent to the appellant and /or the person(s) named on the Violation
Notice and Order under the procedures described in TMC Section 8.27.030(E), or as
may be otherwise requested by the appealing party.
B. The appeal fee for a Violation Notice and Order in an LDR zone shall be
$100.00, and in all other zones shall be $200.00.
C. At or after the appeal hearing, the Hearing Examiner may:
1. Sustain the Violation Notice and Order;
2. Withdraw the Violation Notice and Order;
3. Continue the review to a date certain for receipt of additional information; or
4. Modify the Violation Notice and Order, which may include an extension of
the compliance date.
D. The Hearing Examiner shall issue a written decision within 14 days of the date
of the completion of the review and shall cause the same to be sent to the person(s)
named on the Violation Notice and Order under the same procedures described in TMC
Section 8.27.030(E) or as otherwise directed by the appealing party.
E. The decision of the Hearing Examiner shall be final and conclusive unless
appealed. In order to appeal the decision of the Hearing Examiner, a person with
standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21
days of the issuance of the Hearing Examiner's decision. The cost for transcription of
all records ordered certified by the Superior Court for such review shall be borne by the
appellant.
8.27.080 Penalties.
A. Violations of the Tukwila Municipal Code.
1. Civil Infraction. Any person in charge who violates or fails to comply with
the provision of this chapter may be issued a civil infraction pursuant to TMC Section
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8.27.030(C). Each civil infraction shall carry with it a monetary penalty of $100.00 for
the first violation, $175.00 for a second violation of the same nature or a continuing
violation, and $250.00 for a third or subsequent violation of the same nature or a
continuing violation.
2. Violation Notice and Order.
a. Any person in charge who violates or fails to comply with the provision
of this chapter may, in the alternative, be issued a Violation Notice and Order that shall
carry with it a cumulative monetary penalty of $500.00 per day from the date set for
compliance until compliance with the Violation Notice and Order is achieved.
b. In addition to any penalty that may be imposed by the City, the persons
in charge shall be liable for all damage to public or private property arising from such
violation, including the cost of restoring the affected area to its condition prior to the
violation.
c. The penalty imposed by this section under a Violation Notice and
Order may be collected by civil action brought in the name of the City. The Chief of
Police may notify the City Attorney of the name of any person subject to the penalty,
and the City Attorney may, with the assistance of the Chief of Police, take appropriate
action to collect the penalty, including but not limited to attachment of a lien to the
property.
d. The Chief of Police shall have the discretion to impose penalties in an
amount lower than those set forth above.
3. An owner who fails to comply with TMC Section 8.27.040 is subject to a
civil penalty of up to $25,000.
B. Additional Relief. The Chief of Police may seek legal or equitable relief to
enjoin any acts or practices and abate any condition that constitutes or will constitute a
violation of the Tukwila Municipal Code. The remedies provided in TMC Chapter 8.27
are cumulative and shall be in addition to any other remedy provided by law.
C. Continued Duty to Correct. Payment of a monetary penalty pursuant to TMC
Chapter 8.27 does not relieve the person to whom the infraction or Violation Notice and
Order was issued of the duty to correct the violation.
8.27.090 Abatement by the City.
A. Abatement. The City may abate nuisance or code violations when:
1. The terms of the Voluntary Correction and Limited Right of Entry
Agreement have not been met; or
2. A Violation Notice and Order has been issued and the required correction
has not been completed by the date specified in the Violation Notice and Order; or
3. A written decision issued by the City's Hearing Examiner has not been
complied with by the date specified in the written decision; or
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4. An action has been initiated in a court of competent jurisdiction pursuant to
TMC Section 8.27.100, and the court has found that the property is a chronic nuisance
property and issued an Order of Abatement for the property accordingly; or
5. The nuisances or code violations are subject to summary abatement as
provided for in TMC Section 8.27.090(B).
B. Summary Abatement. Whenever any nuisance or code violation causes a
condition, the continued existence of which constitutes an immediate threat to the public
health, safety or welfare or to the environment, the City may summarily and without prior
notice abate the condition. Notice of such abatement, including the reason for it, shall
be given to the person(s) in charge as soon as reasonably possible after the abatement.
No right of action shall lie against the City or its agents, officers, or employees for
actions reasonably taken to prevent or cure any such immediate threats, but neither
shall the City be entitled to recover any costs incurred for summary abatement, prior to
the time that actual notice of the same is provided to the person(s) in charge.
C. Authorized Action by the City. Using any lawful means, the City may enter
upon the subject property and may remove or correct the condition that is subject to
abatement. Prior to or during such abatement, the City may seek such judicial process
as it deems necessary to effect the removal or correction of such condition, including
but not limited to obtaining an injunction or warrant of abatement.
D. Interference. Any person who knowingly obstructs, impedes, or interferes with
the City or its agents, or with the person responsible for the violation, in the performance
of duties imposed by TMC Chapter 8.27, shall be guilty of a misdemeanor punishable
by imprisonment not exceeding 90 days and a fine not exceeding $1,000.00.
E. Recovery of Costs and Expenses. All costs incurred by the City during
abatement of nuisance or code violations shall be billed to the person(s) in charge.
Such costs may include, but are not limited to, the following legal and abatement
expenses:
1. "Legal expenses," for purposes of TMC Chapter 8.27, shall include but are
not limited to the following:
a. Personnel costs, both direct and indirect, including attorney's fees and
all costs incurred by the City Attorney's office or its designee to abate nuisances and
code violations.
b. Actual and incidental expenses and costs incurred by the City in
preparing notices, contracts, court pleadings, and all other necessary documents
required to abate nuisances and code violations.
c. All costs associated with retention and use of expert witness or
consultants during the course of abatement.
2. "Abatement expenses," for purposes of TMC Chapter 8.27, shall include
but are not limited to the following:
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a. Costs incurred by the City for preparation of notices, contracts, and
related documents necessary to abate nuisance or code violations.
b. All costs associated with inspection of the property and monitoring of
said property consistent with orders of compliance issued by the City's Hearing
Examiner or a court of competent jurisdiction.
c. All costs incurred by the City for hauling, storage, disposal or removal
of vegetation, trash, debris, dangerous structures or structures unfit for human
habitation pursuant to the International Building Code and /or International Property
Maintenance Code, potential vermin habitat or fire hazards, junk vehicles, obstructions
to the public right -of -way, and setback obstructions.
d. All costs incurred by law enforcement or related enforcement agencies
necessary to assist the City during abatement of nuisance or code violations.
e. All relocation /assistance costs pursuant to TMC Chapter 8.46.
F. Interest. All costs incurred by the City during abatement of nuisance and code
violations may include interest in amount as prescribed by law. Interest shall start to
accrue on the 30th day from mailing of the invoice pursuant to TMC Section
8.27.090. E. 2. e.
G. Lien Authorized. The City shall have a lien for any monetary penalty
imposed, the cost of any abatement proceedings under TMC Chapter 8.27, and all other
related costs including attorney and expert witness fees, against the real property on
which the monetary penalty was imposed or any of the work of abatement was
performed.
8.27.100 Commencement of Action Enforcement.
Upon referral by the Chief of Police, the City Attorney may initiate an action in any
court of competent jurisdiction to abate a chronic nuisance property, to impose penalties
pursuant to this chapter, to seek alternative remedies under City or state laws and seek
any other relief authorized by law.
8.27.110 Burden of Proof.
A. In an action against the person(s) in charge to abate a chronic nuisance
property or to recover penalties authorized by this chapter, the City shall have the
burden of proof to show by a preponderance of the evidence that the property is a
chronic nuisance property pursuant to this chapter.
B. In an action against an owner to recover penalties authorized by TMC Section
8.27.070, the City shall have the additional burden to prove by a preponderance of the
evidence that the owner failed to comply with TMC Section 8.27.040. Copies of police
incident reports and reports of other City departments documenting nuisance activities
shall be admissible in such actions. Additionally, evidence of a property's general
reputation and the reputation of persons residing in or frequenting the property shall be
admissible in such actions.
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8.27.120 Additional Remedies.
In addition to the remedies authorized by TMC Section 8.27.090, the court or Hearing
Examiner may impose any or all of the following penalties on a person in charge of a
chronic nuisance property:
1. Order the person in charge to immediately abate nuisance activity from
occurring on the property.
2. Order that the Chief of Police shall have the right to inspect the property to
determine if the court's orders have been complied with.
3. Impose a penalty of up to $500 per day against the person in charge for
each day from the date the notice pursuant to TMC Section 8.27.030(D) was issued
until the Chief of Police confirms the property is no longer a chronic nuisance property.
4. Make any other order that will reasonably abate nuisance activities from
occurring on the property, including issuing an injunction to prevent the continued use of
the property in a manner that encourages chronic nuisance activity or authorizing the
City to take action to abate nuisance activities on the property and providing that the
costs of such City action are to be paid for by the person in charge of the property.
5. If the person in charge is an owner and the court finds that this owner failed
to take all reasonable steps requested in writing pursuant to TMC Section 8.27.050, the
court may impose a civil penalty up to $25,000.
6. If, as part of its order abating a chronic nuisance property, the court orders
the person in charge to cease renting or leasing a property, the court may order the
person in charge to pay relocation in the amounts authorized by TMC Chapter 8.46 to
any tenant who (1) must relocate because of the order of abatement, and (2) the court
finds not to have caused or participated in nuisance activities at the property. For
purposes of this section (8.27.120), the term "tenant" shall have the meaning as set
forth in RCW 59.18.030(19).
8.27.130 Suspension or Revocation of Business License.
In addition to any other remedy authorized by this chapter or other laws, the
business license of any person in charge shall be revoked and a new license not issued
for one year, pursuant to Title 5 of the Tukwila Municipal Code, upon:
1. A finding by the court that a property is a chronic nuisance property
pursuant to this chapter;
2. Issuance of a Violation Notice and Order for a chronic nuisance property
that is not timely remedied or appealed; or
3. A finding by the Hearing Examiner that a property is a chronic nuisance
property.
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Section 2. TMC Section 5.04.110, "Denial Revocation," Amended. Ordinance
Nos. 2333 §8 and 2315 §1 (part), as codified at TMC Section 5.04.110, are amended to
read as follows:
5.04.110 Denial —Revocation.
A. The Finance Director may deny any business license application pursuant to
TMC Section 5.04.105.
B. The Finance Director may deny or revoke any license under this chapter where
one or more of the following conditions exist:
1. The licensee is in default of any fee, charges or amounts due and payable
to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy.
2. The license was procured by fraud or by a false or misleading
representation of fact in the application, or in any report or record required to be filed
with the Finance Department.
3. The building, structure, equipment, operation or location of the business for
which the license was issued does not comply with the requirements or standards of the
Tukwila Municipal Code.
4. The license holder, his or her employee, agent, partner, director, officer or
manager has knowingly violated any provisions of any chapter of the Tukwila Municipal
Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation
of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or
her business premises.
5. Conduct of the business would be in violation of any local, state or federal
law, rule or regulation prohibiting the conduct of that type of business.
6. The property at which the business is located has been determined by a
court to be a chronic nuisance property, a Violation Notice and Order for a chronic
nuisance property has been issued and not timely remedied or appealed, or the Hearing
Examiner has determined the property to be a chronic nuisance property, as provided in
TMC Chapter 8.27.
C. Upon determination that grounds for denial, suspension or revocation of a
license exist, the Finance Director shall send the license holder a Notice of Denial,
Suspension or Revocation. Grounds for denial, suspension or revocation include
repetition of a violation of any provision of City policies or the Tukwila Municipal Code
that has been accompanied by a warning notice of such violation or previous notice of
the violation. The Notice of Denial, Suspension or Revocation shall set forth the
grounds for and terms of the denial, suspension or revocation and a statement advising
that the person may appeal from the Notice of Denial, Suspension or Revocation to the
Hearing Officer, provided that the appeal is made in writing and filed with the Finance
Director within 10 days from the date of receipt of the Notice of Denial, Suspension or
Revocation, and that failure to so appeal shall constitute a waiver of all rights to any
additional administrative hearing or determination on the matter. Upon issuance of such
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Notice, the license is suspended or revoked and is no longer valid and current, unless
appealed as provided in this chapter, in which case the effect of the suspension or the
revocation is stayed pending the outcome of the appeal.
D. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of
Denial, Suspension or Revocation shall be served upon the license holder either
personally or by mailing a copy of such Notice by certified mail, postage prepaid, return
receipt requested to such license holder to his or her last known address as provided in
the license application. Alternatively, the Notice may be posted upon the premises
where such license holder conducts his or her business, which is the subject of the
denied or revoked license.
Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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AN
Co vNcm AGENDA SYNOPSIS
Initials ITEM NC.
Meeting Date Prepared by I Mayors yeview I CVncll review
09/26/11 PM I 1Z I I YXI,
10/03/11 PM 7. F.
ITEM INFORMATION
ICAS NUMBER: 11 -097 1 STAFF SPONSOR: PEGGY MCCARTHY I ORIGINAL AGENDA DATE: 09/26/11
AGENDA ITEM TITLE Water Revenue Bonds 1995 Early Redemption
CATEGORY N Discussion Motion Resolution Ordinance BidAsvard Public Hearing ❑Other
Mtg Date 09126111 Mtg Date 10103111 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD N Finance Fire IT P&R Police N PW
SPONSOR'S The City issued $4,500,000.00 of revenue bonds in 1995 to finance capital improvements
SUMMARY for the Water Enterprise Fund (401) with the final payment due in 2015. The. current
outstanding balance of these bonds is $1,370,000.00 plus interest. The City has the option
to pay off or redeem these bonds for a savings of over $150,000.00. The Water Fund has
$4 million in cash and investments as of 7/31/11 to support this early pay -off. Council is
being asked to approve the early redemption of Water Revenue Bonds 1995.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
N Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/13/11 COMMITTEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,392,690.00 $0.00 $1,392,690.00
Fund Source: WATER FUND 401
Comments: Water Fund has over $4 Million in cash and investments as of 7131111,
MTG. DATE
09/26/11
10/03/11
MTG. DATE
09/26/11
10/03/11
RECORD OF COUNCIL ACTION
Forward to next RPa Meetinn
ATTACHMENTS
Informational Memorandum dated 09/09/11
Revenue Bond 1995 Amortization Schedule
Excerpts from the Revenue Bond 1995 Official Statement
Minutes from the Utilities Committee meeting of 09/13/11
No attachments
63
x
Upcoming Meetings Events
October 2011
3rd (Monday) 4th (Tuesday) 5th (Wednesday) 6th (Thursday) 7th (Friday)
Transportation
Cmte,
5:00 PM
(CR 91)
Civil Service
Commission,
5:00 PM
(CR #3)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
Chamber of
Commerce
Gov't.
Community
Affairs Cmte,
12:00 NOON
(Chamber
Ofce)
Finance
Safety Cmte,
5:00 PM
(CR #3)
Equity
Diversity
Commission,
5:15 PM
(CR #3)
Sister City
delegation arrives
from Japan (here
through Oct. 9)
Arts
Commission
5:30 PM
(Community
Center)
10th (Monday)
11th (Tuesday)
Community
Utilities Cmte,
Affairs Parks
5:00 PM
Cmte,
(CR #1)
5: 00 PM
(CR #3)
Tukwila
International
Tukwila
Boulevard
Metropolitan
Action Cmte,
Park District
7:00 PM
Board of
(Community
Commissioners
Center)
Meeting,
6:00 PM
Kids Without
(Council
Borders Clothing
Chambers)
Bank
City Council
1:30 3:30 PM
Committee of
Advance
the Whole Mtg.,
registration
7:00 PM
required. (RSVP
(Council
by October 4)
Chambers)
Call 206-768-2822
or send an e-mail
to volunteer@
tukwilawa.gov
Sister City
Committee will host
an Iee Cream Social
5:00 PM at Tukwila
Community Center
12th (Wednesday) 13th (Thursday) 14th (Friday)
Parks
Commission,
5:30 PM
(Community
Center)
(Rescheduled
from October 19)
8th (Saturday)
Council Coffee
Chat
10:00 AM to
12:00 NOON
Stop by and informally
talk with a Tukwila
City Councilmember
about anything on your
mind regarding
Tukwila.
Friend: Cafg
(12930 E. Marginal
Way)
Sister City Banquet
6:00 -9:00 PM
Tukwila Community
Center
For additional
information call
206 768 -2822
15th (Saturday)
Duwamish Alive
Volunteer Work
Party
10:00 AM 2:00 PM
Duwamish Hill
Preserve
For information and
registration visit
www.cascadeland.ore
(or call 206- 905 -931).
➢Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Lynn Wallace at 206 -575 -1633.
➢City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Human Resources at 206- 433 -1831.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rm #5. Phi Huynh (206- 433 7175).
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room 43. Contact Joyce Trantina at 206- 433 -1850.
Finance Safety Committee: I st 3rd Tues., 5:00 PM, Conf. Room #3. (A) An Interlocal Agreement with the Tukivila Metropolitan
Park District authorizing a loan front the General Fund. (B) A resolution authorising the cancellation of past due accounts receivable
and return check unite -offs. (C) Miscellaneous revenue report.
➢Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206- 433 -7180.
➢Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 -2342.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzniarr at 206 -575 -2489.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 767 -2342.
➢Planning Commission /Board of Architectural Review: 4th Thurs. except 2nd Thursday in Nov. Dec., 6:30 PM,
Council Chambers at City Hall. Contact ff Birensat 206 431 -3670.
➢Sister City Committee: Quarterly, 5:30 PM, Tukwila Community Center. Contact TrracyGallmvay at 206- 767 -2305.
➢Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 1013111 meeting has been cancelled.
➢Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1
65
Tentative Agenda Schedule
October 3
See agenda packet
cover sheet for this
week's agenda
(October 3, 2011
Regular Meeting)
10
Special Presentations:
Best workplace
recycling and waste
reduction award to the
City of Tukwila.
17
Special Presentations:
B1ueField Presentation
regarding habitat
project in the City of
Tukwila.
24
Special Issues:
Tukwila Urban Center
Pedestrian/ Bicycle
Bridge Council
Briefing.
2010/2011 Small
Drainage Program
Supplement #2
Unfinished Business:
Tukwila Urban Center
Pedestrian/ Bicycle
Bridge Council
Briefing.
2010/2011 Small
Drainage Program
Supplement #2
Special Issues:
An ordinance relating
to contracting
indebtedness
ONTH
MEE TING1 MEETING MEETING 3
MEETING 4
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October 3
See agenda packet
cover sheet for this
week's agenda
(October 3, 2011
Regular Meeting)
10
Special Presentations:
Best workplace
recycling and waste
reduction award to the
City of Tukwila.
17
Special Presentations:
B1ueField Presentation
regarding habitat
project in the City of
Tukwila.
24
Special Issues:
Tukwila Urban Center
Pedestrian/ Bicycle
Bridge Council
Briefing.
2010/2011 Small
Drainage Program
Supplement #2
Unfinished Business:
Tukwila Urban Center
Pedestrian/ Bicycle
Bridge Council
Briefing.
2010/2011 Small
Drainage Program
Supplement #2
Special Issues:
An ordinance relating
to contracting
indebtedness