HomeMy WebLinkAboutReg 2004-10-18 COMPLETE AGENDA PACKET Tukwila City Council Agenda
.:. REGULAR MEETING
Steven M. Mullet, Mayor Councilrnembers: * Pam Carter · Joe Duffle
Rhonda Berry, City Administrator * Dave Fenton · Joan Hernandez
Jim Haggerton, Council President · Pamela Linder · Dennis Robertson
PLEASE NOTE: Special Meeting, 6-7 PM
Presentation and Discussion of Proposed 2005 Budget
and 2005-2010 Capital Improvement Program
Presented by Alan Doerschel, Director, Finance Department
Monday, October 18, 2004; 7 PM ·Ord #2064 · Res #1560
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL
2. SPECIAL a. Introduction of: Karen Goroski,
PRESENTATIONS Executive Director, Suburban Cities Association.
b. A resolution thanking Police Chief Keith Haines for his many Pg. 3
years of outstanding service to the City of Tukwila.
3. CITIZEN COMMENT At this time, you are invited to comment on items not ineluded on this
agenda. To comment on an item listed on this agenda, please save
your comments until the issue is presented for discussion.
4. CONSENT AGENDA Approval of Vouchers.
5. UNFINISHED a. An ordinance establishing new regulations regarding Surface
BUSINESS Water Management.
b. An ordinance establishing regulations regarding the use of Pg. 19
motorized foot scooters, pocket bikes and EPAMDs.
c. Comprehensive Plan deliberations
(continued from 10 / 11/04 COW meeting).
~ Please bring binder labeled: "Comprehensive Plan Update. '
6. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice by calling the
City Clerk's office 206-433-18001TDD 206-248-2933. Tlxis notice is available at www.ci. Tukwila.wa.us,
and also in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
CO UNCILAGENDA SYNOPSIS
i ~ .................................. Idtiah ................................. ITEMNO.
~ Meetin~ Date Prepared b,y Mayor's revie~v Coundl revie~v
10/18/04 LL
\.
ITEM INFORMATION
CAS NUMBER: 04-142 IORIG~N~.LAGEND^ DATE: 10/18/04
AGENDA ITEM TI'ILE A resolution thanking Chief Keith Haines for 20 years?of service
to the~-City.
CATEGORY [] Discussion [] Motion [] Resolution [] Ordinance [] Bid Avard [] Public'Headng [] Other
Mtg Date Mtg Date Mtg Date 10/18/04 Mtg Date ~'vltg Date Mtg Date Mtg Date
SVOr4SOR [] Counm [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Legal [] Pd~R [] Poh~'e [] Pig/
SPONSOR'S A resolution thanking Chief Keith Haines for twenty years of service to the City.
SUMMARY
REVIEWED BY [] COW Mtg. [] CA&P Cmte [] F&S Cmte [] Transportation Cmte
[] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR/ADMIN. Recommend approval of the resolution
COMMITYEE
COST IMPACT/FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/18/04
MTG. DATE ATTACHMENTS
10/18/04 Resolution
city of
W&~hington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CT~Y OF TUI~v~LA,
WASHINGTON, THANKING CHIEF K~'rH HAINES FOR HiS SERVICE TO
WHEREAS, Chief Keith Haines was first hired as a police officer in September 1984 and
rapidly rose through the ranks; and . ,
WHEREAS, the Chief was promoted to Corporal in January 1986, Patrol Sergeant in
November 1986, Assistant Chief in November 1990 and was appointed as Police Chief on June
16,1998; and
WHEREAS, as Chief, his accomplishments included setting high standards to meet
accreditation by the State, reducing crime on Highway 99 after annexation, solving specific
problems using the Hot Spots program, implementing the Regional Automated hfformation
Network (RAIN) program, and implementing the Law Enforcement Information Exchange
(LINX) program; and
WHEREAS, Chief Haines has played an active role in community Ii&, participating in
organizations such as the Commtmity Oriented Policing Citizens Advisory Board (COPCAB),
the Law Enforcement Torch Run for Special Olympics (including serving as a board member),
the Equity and Diversity Commission, and the Highway 99 Action Committee, as well as
African social aid programs and being involved in his home church; and
participating in
WHEREAS, Chief Haines has been an outstanding example of professional leadership, as
well as displaying excellent moral character;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, HEREBY RESOLVE AS FOLLOWS:
We wish to express our heartfelt appreciation for a job well done, and send
Keith Haines our best wishes for a busy, successful and fultilling retirement.
PASSED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this day of ,2004.
Steven M. Mullet, Mayor Jim Haggerton, Council President
Joe Duffle, Councilmember Joan Hernandez, Councilmember
Para Carter, Councrimember Pamela Linde% Councilmember
Dermis Robertson, Counciknember Dave Feb'con. Councilmember
ATTEST/AUTHENTICATED: APPROVED AS TO FORM BY:
Jane E. Cantu, CMC, City Clerk Office of the City Attorney
Fried with the City Clerk:
Passed by the City Council:
Resolution Number:
Retire KeithHaines 10/14/04 Page 1 of 1
r.. COUNCIL GENOA S ps
y I d[ air ITEM NO.
E S 4 E1 i Meeting Date Prepared by I Mayor's review I Copncil review wee ms s i 4 1:1 z.s 10/11/04 0 0 R D Sww 10/4". W. 1
y N k o o_= 1 1 1 1
1 1 I 1 1
I 1 1 1 I
ITEM INFORMATION
CAS NUMBER: 04-139 I ORIGINAL AGENDA DATE: OCTOBER 11, 2004 I
AGENDA ITEM TITLE Adopt Ordinance amending Surface Water Management in TMC Chapter 14.30 and
repeal Ordinance No. 1955
CATEGORY 0 Discussion 0 Motion 0 Resolution 0 Ordinance j Bid Award 0 Public Hearing 0 Other
r
Mtg Date Mtg Date Mtg Date Mtg Dote 10/11/04 Mtg Date Mtg Date Mtg Date
SPONSOR 0 Council 0 Mayor 0 Adm Svcs 0 DCD 0 Finance 0 Fin D Legal 0 P&R 0 Police 0 PTV I
SPONSOR'S The Surface Water Management Ordinance needs to be updated to adopt standards
SUMMARY including the IGng County Surface Water Design Manual, the Growth Management Act
(GMA), the Clean Water Act, the NPDES and the Endangered Species Act. The ordinance
contains specific language regarding discharge, facility maintenance, inlet marking,
financial guarantees, and insurance.
REVIEWED BY 0 COW Mtg. 0 CA&P Cmte 0 F&S Cmte Transportation Cmte
I Utilities Cmte 0 Arts Comm. 0 Parks Comm. 0 Planning r.-.--
DATE: 9/8/04 9/21/04
RECOMMENDATIONS:
SPoNsoa /ADMIN. Adopt Ordinance updating Surface Water Management
ConmurrEE Forward to COW and then Regular for adoption
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
1 10/11/04 Discussed at COW; consensus existed to forward to Regular Meeting for action
MTG. DATE ATTACHMENTS
10/11/04 Information Memo dated September 8, 2004 (revised from OC)
I Surface Water Ordinance
I Summary of Changes and SEPA Determination
I 1 Utilities Committee Meeting Minutes from 9/8/04 9/21/04
I 10%18/04 Ordinance (final format)
I I(Coanprehensive Surface Water Management Plan available upon request) i
1908
City of Tukwila
Washington
r Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 1755;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
f<' WHEREAS, the Federal Clean Water Act requires protection of water quality
through implementation of water quality protection measures; and
WHEREAS, the City of Tukwila completed a new comprehensive surface water
management plan; and
WHEREAS, the City of Tukwila has obligations to protect surface water under the
municipal storm water discharge permit, issued by the State of Washington under the
Federal National Pollutant Discharge Elimination System Phase II program; and
WHEREAS, storm water management procedures established in 1995 by Tukwila
Ordinance No. 1755 no longer effectively address the surface water management
requirements outlined above; and
WHEREAS, the City Council deems it to be in the best interest of public safety,
health and welfare for its citizens to enact the new surface water regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Plan adopted. New comprehensive surface water management plan is
hereby adopted.
Section Z Regulations established. New surface water management provisions, to be
codified at Tukwila Municipal Code Chapter 14.30, are hereby established to read as
follows:
Chapter 1430
SURFACE WATER MANAGEMENT
14.30.010 Authority
14.30.020 Purpose
14.30.030 Definitions
14.30.040 Applicability
14.30.050 Compliance
14.30.060 Discharges
:i 14.30.070 Standards
14.30.080 Permits
14.30.090 Facility Maintenance
14.30.100 Special Drainage Fee
14.30.110 Inlet Marking
14.30.120 Financial Guarantees
f, 14.30.130 Insurance
14.30.140 Exceptions
14.30.150 Liability
14.30.160 Penalties
14.30.170 Abatement
14.30.180 Injunctive Relief
14.30.190 Appeals
surfacewm« 1on4io4 Page 1 of 10
ammo
14.30.010 Authority
A. The Public Works Director shall administer TMC Chapter 14.30. The Director's
authority includes the establishment of regulations and procedures, approval of permits
and exceptions, and enforcement and implementation of measures necessary to carry
out the intent of TMC Chapter 14.30.
B. The Public Works Director may initiate all required actions to prevent or stop
acts or intended acts of an applicant or other person which constitute a hazard to life or
safety, or endanger property, or adversely affect the safety, use or stability of a public
way, surface water, a conveyance system, or a sensitive area or buffer.
C. If the Director determines that a person engaged in an activity that could or
does negatively affect surface water has failed to comply with City code or with
approved surface water plans and /or other permit conditions, the Director may
implement any or all of the following enforcement actions:
1. Suspend or revoke without written notice any surface water permit issued
by the City, when the Director determines an immediate danger to Life, safety, or
property exists in a downstream area or adjacent property.
2 Serve a written notice of violation upon that person by registered or
certified mail or personal service. The notice shall set forth the measures necessary to
achieve compliance, specify the time to commence and complete corrections, and
indicate the consequences for failure to correct the violation.
3. Suspend or revoke any surface water permit issued by the City after
written notice is given to the applicant for any of the following reasons:
a. Any violation(s) of the conditions of the surface water permit;
b. Changes in site runoff characteristics upon which a permit or
exception was granted;
c. Construction not in accordance with the approved plans; or
d. Non compliance with correction notice(s) or "stop work" order(s)
issued for the construction of temporary or permanent storm water management
facilities.
4. Post a "stop work" order at the site, directing that all activities that could
affect surface water or a conveyance system cease immediately. The "stop work" order
may include any discretionary conditions and standards adopted in TMC 14.30.070 that
must be fulfilled before any work may continue.
14.30.020 Purpose
The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the
following purposes:
1. Promote sound development policies and procedures that protect and
preserve the City's water courses, ground water, and surface water infrastructure;
2. Protect surface water conveyance systems and receiving waters from
pollution, mechanical damage, excessive flows and other conditions which increase
erosion and /or turbidity, siltation and other pollution, or which will reduce ground
water recharge, or endanger aquatic and benthic life within surface waters and
receiving waters within the State;
3. Meet the requirements of State and federal law;
4. Fulfill the City's responsibilities as trustee of the environment for future
generations;
5. Promote the health, safety and welfare of the public;
b. Protect private and public property from drainage- related damage;
7. Promote site planning and construction practices that are consistent with
natural topographical, vegetative and hydrological conditions; and
8. Preserve and enhance the suitability of water bodies for recreation and
wildlife habitat.
Surface ware 1011444 Page 2 of' 10
14.30.030 Definitions
Unless specifically defined below, words or phrases used in TMC Chapter 14.30
shall be interpreted using the meaning they have in common usage and to give TMC
Chapter 14.30 its most reasonable application.
1. "Applicant" means any person, governmental agency, or other entity that
executes the necessary forms to procure official approval of a project or a permit to
carry out construction of a project. Applicant also means any person, governmental
agency, or other entity that is performing, or plans to perform, permitted work within
the City.
2. "Approval" means proposed work or completed work conforming to TMC
Chapter 14.30 as approved by the Director.
3. "Best Management Practice" means those practices which provide the best
available and reasonable physical, structural, managerial, or behavioral activity to
reduce or eliminate pollutant loads and /or concentrations leaving a site
4. "City" means the City of Tukwila or the City Council of Tukwila.
5. "Comprehensive Surface Water Management Plan' means a plan adopted
by the City Council to guide the physical growth and improvement of the City and
urban growth management area, including any future amendments and revisions.
6. "Conveyance System" means natural and man-made drainage features
that collect, convey, channel, hold, inhibit retain, detain, infiltrate, divert, treat or filter
surface water. Natural drainage features include swales, streams, rivers, lakes and
wetlands. Man -made features include gutters, ditches, pipes, and detention /retention
facilities.
7. "Critical Drainage Area" means an area, as determined by the City,
needing additional controls to address a flooding, drainage, and /or erosion condition
which poses an imminent likelihood of harm to the welfare and safety of the
surrounding community.
8. "Development" means any man-made change of improved or
unimproved real estate; the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any mining, excavation, landfill,
clearing, or land disturbance; or any use or extension of the use of land.
9. "Director" means the Director of the Public Works Department or
designee.
10. "Drainage Review" means an evaluation by the City to determine
compliance with the City's standards and adopted surface water management manual.
11. "Erosion" means detachment and transport of soil or rock fragments by
water, wind, ice, etc.
12. "Illicit Discharge" means all non surface water discharges to surface water
conveyance systems that cause or contribute to a violation of State water quality,
sediment quality or ground water quality standards. These discharges include sanitary
sewer connections, industrial process water, interior floor drains, car washing, and grey
water systems.
13. "Low Impact Development" means use of innovative or creative
approaches to site design, using methods such as retention of natural vegetation,
significant reduction of effective impervious surface, enhanced infiltration, and changes
in traditional site features such as roads and structures to achieve dramatically
reduced or zero drainage discharge from the site after development.
14. "Plans" means the plans, profiles, cross sections, elevations, details and
supplementary specifications, showing the location, character, dimensions and details
of the work to be performed. These plans are approved by the Public Works Director
and are usually signed by a licensed professional engineer.
Surface Water 10/14/04 Page 3 of 10
15. "Pollution" means contamination or other alteration of the physical,
chemical, or biological properties of waters of the State that will or is likely to create a
nuisance or render waters harmful, detrimental, or injurious 1) to public health, safety
or welfare, or 2) to domestic, commercial, industrial, agricultural, recreational or other
legitimate beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic
life. Contamination includes discharge of any liquid, gas, or solid, radioactive or other
substance. Alteration includes temperature, taste, color, turbidity or odor.
16. "Project" means activity encompassing all phases of the work to be
performed and is synonymous to the term "improvement" or "work."
17. "Runoff" means water originating from rainfall and other precipitation
that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and
wetlands, as well as shallow groundwater and that portion of precipitation that
becomes surface flow and interflow.
..s 18. "Sediment" means fragmented material originating from weathering and
erosion of rocks or unconsolidated deposits, which is transported by, suspended in or
deposited by water.
t,L• 19. "Sedimentation" means the deposition or formation of sediment.
20. "Single family Residence" means a project that constructs or modifies one
single family dwelling unit and /or makes related onsite improvements, such as a
driveway, outbuildings, or play courts.
21. "Surface Water Plan" means a set of drawings and documents submitted
as a prerequisite to obtaining a development permit.
22. "Storm Water" means surface water.
23. "Storm Water Drainage System' means conveyance system.
24. "Surface Flow' means flow that travels overland in a dispersed manner
(sheet flow) or in natural channels or streams or constructed conveyance systems.
25. "Surface Water" means that portion of precipitation that does not
naturally percolate into the ground or evaporate, but flows via overland flow, interflow,
channels or pipes into a natural drainage system, a surface water conveyance system or
into a constructed surface water facility.
J?`< 26. "TMC" means the Tukwila Municipal Code.
27. "Typical" means the guidelines that shall be followed unless the Director
approves an exception.
28. "Water Body" means a creek, stream, pond, wetland, lake, or river.
29. "Watershed" means a geographic region within which water drains into a
particular river, stream, or water body as identified and numbered by the State of
Washington Water Resource Inventory Areas (WRIAS) as defined in the Washington
Administrative Code.
14.30.040 Applicability
TMC Chapter 14.30 applies to all activities occurring within the City limits that
could affect surface water.
14.30.050 Compliance
A. TMC Chapter 14.30 contains minimum requirements. The requirements do not
replace, repeal, abrogate, supersede or affect any other more stringent requirements,
rules, regulations, covenants, standards or restrictions. Where TMC Chapter 14.30
imposes requirements that provide more protection to human health or the
environment, then the requirements of TMC Chapter 14.30 shall prevail.
B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver
of other laws and regulations, nor do they indicate compliance with other laws and
regulations.
Surface Water 10/14104 Page 4 of 10
C. Compliance with TMC Chapter 1430 and related regulations, standards and
manuals adopted by the City does not necessarily mitigate all impacts to human health
and the environment. In such cases, the applicant must implement additional mitigation
to protect human health and the environment.
D. City departments shall comply with all the requirements of TMC Chapter
1430, except they are not required to obtain permits and approvals from the City for
work performed in the public right -of -way, nor for operation and maintenance
activities by the Department of Parks and Recreation.
14.30.060 Discharges
A. Once the applicant shows that a proposed discharge will not contaminate
surface water or ground water, the Director may allow the following discharges into
surface water:
1. Drainage from landscape watering, maintenance and gardening at a single
family residence, foundation drains, and natural ground water and spring seepage, as
long as there is no associated erosion or sedimentation;
2. Water from well, reservoir, and water supply disinfecting and flushing
activities;
3. De- chlorinated swimming pool and spa water;
4. Car and boat washing and other similar maintenance activities from a
single- family residence, if cleaning agents are biodegradable, non phosphate, and non-
solvent based;
5. Dye used in dye testing of surface water drains and streams;
6. Contaminants from emergency response activities or other actions that
must be undertaken immediately, or within a time too short to allow compliance with
TMC Chapter 1430, to avoid imminent threat to public health or safety;
7. Pavement and street washing, only after sweeping and vacuuming of all
debris, dirt and other material to the extent practicable; and
8. Runoff of roadway anti -icing and de -icing agents, provided they are applied
according to best management practices.
B. The Director may prohibit all discharges to surface water and ground water
that are not listed in TMC 14.30.060A, including:
1. Illicit connections to storm drainage systems and surface water bodies,
including sanitary sewers, process waste water discharge, sump overflows, internal
building drains, floor drains not exposed to rainfall runoff, or other similar connections;
1 Sump pump discharges from electrical and mechanical vaults;
3, Chemicals, petroleum products, paints, solvents, detergents, and
degreasers, or other toxic or deleterious materials;
4. Trash, debris, food waste, animal wastes, street cleaning waste, or similar
refuse;
5. Unstabilized soil, sand, gravel, pavement debris, or construction materials
that can erode in an uncontrolled manner into a drainage facility or stream channel;
6. Lawn clippings, leaves, branches, or other landscaping and yard debris;
7. Turbid water from construction site runoff, dewatering, soil boring or
other excavation activities, except if such discharge is permitted under an approved
temporary erosion prevention and sediment control plan, a State Discharge Permit for
construction activities, or other similar permit, and the water treatment facilities
required under an approved permit are properly designed, constructed and
maintained; and
8. Any other material that is considered harmful to humans, animals, aquatic
life, or their habitat.
Surface ware, 10/14/04 Page 5 of 10
14.30.070 Standards
All activities within the City shall be undertaken in accordance with the following
minimum standards, except that depending on a project's possible impacts to public
and environmental health and safety, the Director may require stricter standards:
1. The City's National Pollutant Discharge Elimination System (NPDES)
permit
2. The 199R Wirer rnnnty Surface Water Design Manna", adopted hereby by
reference as if fully set forth herein, except that unless the context indicates otherwise,
the "county" and "King County" shall refer to the City of Tukwila and except as
amended in the Puhlir Wnrkc Develnpment Gnidelinpc and facinn end Cnnctrnrtinn
Standards. The Director will review subsequent amendments, revisions and versions to
the 1998 kin° Minty Surfer° WAro.tpr Design Manual and will adopt these as needed
and as applicable.
3. The Department of Ecology's Surface Water Management Manual for Western
Washington, which may be used for project design, following approval by the Public
Works Director.
4. The 1995 King County Storm Water Pollution Control Manual, except that
unless the context indicates otherwise, the "county" and "King County" shall refer to
the City of Tukwila and except as amended in the Puhlir van-Ifs Dpvelnpmont
Gnidplinec and Dpsi n and Construction Standards. The Director will review
subsequent amendments, revisions and versions to this manual and will adopt these as
needed and as applicable.
5. Development design and construction shall meet all of the applicable
standards and codes, recommendations in specific reports, such as the geo- technical
report and the Technical Information Report, and design criteria contained in the
Comprehensive Surface Water Management Plan or drainage basin plans.
14.30.080 Permits
iz
A. The application for and issuance of a surface water /storm drainage permit
constitutes the administrative mechanism for the enforcement of the provisions
contained herein. Such permits shall be non transferable without approval of the
Public Works Director, and shall be limited to the specific activities for which they are
granted.
B. Activities that trigger drainage review pursuant to the 1998 'Whig rn..nly
Surfer° Water llnctnn Manual require a permit Permit application shall be made to the
City's permit center.
r C. All plans, drawings and calculations shall be prepared, stamped, signed and
dated by a registered professional engineer, licensed in the State of Washington. A
single family residence that is not m a sensitive area and does not trigger drainage
review may be exempt from this requirement
D. The submittals for the permit must meet or exceed the minimum criteria in the
s: 199R Vint rnnnh Cnrf,ra 1nlctpr nnc;nn Manual and the City's Development
Guidelines and Design and Construction Standards. The Director may require
additional submittals to those described therein.
E. Any significant changes to the approved plans or specifications of a permitted
project require a revision submittal to the City for approval before the changes are
implemented.
14.30.090 Facility Maintenance
A. All Facilities.
1. The Director has unlimited access at all reasonable times to any
property whenever the Director has reasonable cause to believe violations of TMC
Chapter 1430 are present or operating on a subject property, whenever necessary to
make an inspection or perform activities to enforce any provisions of TMC Chapter
1430, whenever necessary to monitor proper function of drainage facilities, or
whenever the condition of a surface water system presents imminent hazard.
au«wat iwunrua Page 6 of 10
2. When the City has given a facility owner prior notification and the owner
has failed to maintain such facilities, or when conditions make it impossible to give
prior notice, the City may perform the required maintenance or repairs with the cost of
said work assessed as a lien against the properties responsible for the maintenance.
This action shall be in addition to any other enforcement provisions provided in TMC
Chapter 14.30.
3. Maintenance of private facilities and best management practices are the
responsibility of the facility owners.
4. If the property owner(s) does not maintain the facility as prescribed in the
approved maintenance schedule, the Director may issue a written notice specifying the
required actions and setting a time frame for completion of the specified actions. If
these corrective actions are not performed in a timely manner, the City or a private
contractor hired by the City may enter the property to perform the actions and bill the
property owners(s) for the cost of the work. In the event the Director determines a
hazard to public safety exists, written notice is not required.
B. New Facilities.
1- For privately -owned facilities, the Applicant shall provide a monitoring
and maintenance schedule for the life of each surface water facility or best management
practice resulting from the development. At a minimum, the schedule shall describe
the maintenance activities, spell out the frequency for each activity, and state who
performs and who pays for each activity,
2. The monitoring and maintenance schedule shall provide unlimited access,
at ail reasonable times, to the facilities for inspection by the Public Works Department.
3. The Director shall review and approve the monitoring and maintenance
schedule before the applicant records the schedule with King County Records.
14.30.100 Special Drainage Fee
When the City accepts drainage infrastructure that requires upkeep in excess of
normal maintenance, the City has the right to charge the benefiting parties a special
drainage fee, in addition to the City's normal surface water charge, as a condition of
turnover in order to cover costs for this maintenance.
14.30110 Inlet Marking
A. All new inlets and catch basins, public or private, shall be marked No
Dumping! Drains to Stream."
B. Existing inlets and catch basins, in areas being resurfaced, or when being
x =<C modified or replaced, shall be marked No Dumping! Drains to Stream."
fi t C. The marking shall meet the standard in the City's Development Guidelines and
Design and Construction Standards.
14.30.120 Financial Guarantees
A. The Public Works Director may require from the applicant a surety, cash bond,
irrevocable letter of credit, or other means of financial guarantee acceptable to the City,
prior to approving the permit.
B. The amount of the financial guarantee shall not be less than the total estimated
construction cost of all interim and permanent storm water control facilities, and shall
not be fully released without final inspection and approval of completed work by the
City.
C. For developments which may involve a risk of property damages or possible
hazards, the Public Works Director may require the provision of financial guarantee
(bond, note, letter of credit, etc) with the City to mitigate damages should they occur.
The following provisions shall apply in instances where such financial guarantees are
required:
1. Such bond or other proof of financial guarantee shall not exceed 150% of
the estimated cost of constructing and maintaining those improvements which are the
source of the risk or potential hazard; provided that, in the case of surface water
Surface Water Roam Page 7 of 10
activities which do not involve expenditures at least equal to the cost of remedying the
possible adverse impacts of such activities, the required financial guarantee shall be
equal to City staff's best estimate of the possible costs directly associated with
remedying the adverse impacts to public or private properties not associated with the
development.
2. The amount of any financial guarantee shall not serve as a gauge or limit to
the compensation collected from a property owner because of damages associated with
any surface water activity.
D. The City shall retain the financial guarantee until the completion of any project
involving surface water activity or following a prescribed trial maintenance period.
E. The City of Tukwila may redeem financial guarantees provided in accordance
with this provision in whole or in part upon determination by the Public Works
Director that any or all of the following circumstances exist:
1. Failure on the part of the party providing such financial guarantee to fully
comply, within the time specified, with approved plans and /or any corrective or
enforcement actions mandated by TMC Chapter 1430; or
2. Damages to public or private property arising from the activities for which
the financial guarantee was required.
14.30.130 Insurance
A. if in the opinion of the Public Works Director, the risks to property or life and
safety associated with a proposed development activity are substantial, said official
may require the property owner to purchase liability insurance coverage in the
following minimum amounts:
1. Bodily injury Liability $1 million per occurrence.
2. Property damage liability $1 million per occurrence.
B. The Public Works Director may require higher policy limits than set forth in
TMC 14.30.130A in those cases where the minimum amounts are deemed insufficient to
cover possible risks. All insurance policies obtained in accordance with these
provisions shall name the City of Tukwila as an "additional insured," and shall be
written by a company licensed to do business in the State of Washington. Neither
issuance of a permit, nor compliance with these provisions or any other conditions
imposed by the City relieves any person from responsibility for damage to persons or
property otherwise imposed by law, nor for damages in an amount greater than the
insured amount. Issuance of a permit shall not form the basis of liability against the
City for damages to persons or property arising from the development activities
permitted by the City or otherwise undertaken by any person.
14.30.140 Exceptions
A. Requested by Applicant.
1. The Director may grant a written exception from any requirements of TMC
Chapter 14.30 if there are exceptional circumstances applicable to the site such that strict
adherence to the provisions contained herein will result in unnecessary hardship and
not fulfill the purpose of TMC Chapter 14.30. The cost to design and construct the
improvements shall not constitute hardship and shall not form the basis for an
exception.
2. The applicant shall provide the Director a written request stating the
specific exception sought and the reasons supporting the exception.
3. The Director may grant an exception to TMC Chapter 14.30 only if all of
the following criteria are met:
a. Strict compliance with the provisions of TMC Chapter 14.30 may
jeopardize project feasibility and reasonable use of property;
b. Proposed drainage facilities are consistent with the purpose and intent
of TMC Chapter 1430;
Surface Water 10 /14/04 Page 8 of 10
c Granting the exception or standard reduction will not be detrimental
to the public welfare, public safety, existing drainage systems or other property in the
drainage basin; and
d. The recommendation of a registered civil engineer supports the
exception.
B. Low Impact Development.
1. In order to achieve the City's goal of increasing the amount of
development with less impervious surface, the Director may approve exceptions to
Public Works standards, including street standards. Exceptions requiring approval
under the land use codes, such as parking and landscaping, must be made to the
Department of Community Development.
2. The applicant shall provide justification for each exception and shall show
PP P justification P
that the project meets all other TMC requirements, and that the project has a reasonable
assurance of long -term success.
3. Each exception shall be assessed on the following criteria:
a. The result will compensate for or be comparable to surface water flow
control and treatment that is in the public's interest
b. The exception contributes to and is consistent with achieving low
effective impervious surface area within a development;
c The exception contains reasonable assurances that low effective
impervious surfaces will be achieved and maintained;
d. Granting of the exception will not threaten public health and safety;
e. The exception meets or is consistent with generally accepted
engineering design practices;
f. The exception promotes one or more of the following:
(1) Innovative site or housing design;
(2) Increase on -site surface water retention using native vegetation;
(3) Retention of at least 60 percent of natural vegetation conditions
over the site;
(4) Improved on -site water quality beyond that required in current
standards adopted by the City;
(5) Retention or recreation of predevelopment and /or natural
hydrologic conditions to the maximum extent possible; and
(6) Reduction of effective impervious surface to lowest extent
practicable.
g. The exceptions do not present significantly greater maintenance
requirements at facilities that will eventually be transferred to the public ownership;
h. Covenant, conditions and restrictions necessary for native growth
protection easements, impervious surface restrictions, and other such critical features
necessary for the exceptions will be recorded against and will be binding against all
affected properties.
C. The Director may require a monitoring and evaluation plan in order to
measure performance of specific elements in the exceptions.
D. The Director may require a performance bond'for 150% of the installation cost
of the exceptions.
E. The Director may require a two -year maintenance bond for 20% of the
construction cost.
14.30.150 Liability
Liability for any adverse impacts or damages resulting from work performed in
accordance with any permit issued on behalf of the City of Tukwila for the
development of any site within the City limits shall be the sole responsibility of the
applicant.
Surface Water 10/14 /04 Page 9 of 10
1430.160 Penalties
The following penalties shall be applied in whole or in part for the violation of
permit conditions or for the failure to obtain permits required for activities regulated by
TMC Chapter 1430. All remedies shall be considered cumulative and in addition to
any other lawful action. Each day that a violation of this code is committed or
permitted to continue constitutes a separate offense to which both the civil and criminal
penalties set forth below shall apply.
1. The violation of or failure to comply with any order or requirements made
in accordance with the provisions of TMC Chapter 14.30 is a civil violation. The
provisions of TMC Chapter 845 shall be used to enforce this code.
2. It shall not be a defense to the prosecution for failure to obtain a permit
required under TMC Chapter 14.30, that a contractor, subcontractor, person with
responsibility on a site, or person authorizing or directing the work, erroneously
believed a permit had been issued to the property owner or any other person.
14.30.170 Abatement
The City may abate any surface water activity that is deemed a public nuisance and
is performed in violation of TMC Chapter 14.30 or any lawful order or requirement of
the Director.
14.30180 Injunctive Relief
A. Whenever the City has reasonable cause to believe that any person is violating
or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or
issued pursuant to TMC Chapter 14.30, it may, either before or after the institution of
any other action or proceeding authorized by TMC Chapter 1430, institute a civil action
in the name of the City for injunctive relief to restrain the violation or threatened
violation. Such action shall be brought in King County Superior Court.
B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall
not relieve any party to such proceedings from any penalty prescribed for violations of
TMC Chapter 14.30.
1430.190 Appeals
The appeals process for /by any person aggrieved by the action of the City is
provided under TMC Chapter 8.45, "Enforcement."
Section 3. Repealer. Ordinance No. 1755, as codified at TMC Chapter 1430, is
hereby repealed.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre- empted by state or federal Mw or regulation, such decision or pre
;r emption shall not affect the validity of the remaining portions of this ordinance or its
application to other persons or circumstances.
+j.. 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 2004.
ATTEST/ AUTI- IENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk
APPROVED AS TO FORM BY: Passed by the City Counra.
PublishnA
Effective DF fa
Office of the City Attorney Ordinance Number
Surface Water 10/14/04 Page 10 of 10
COUNCIL AGENDA SYNOPSIS
474 \-5\ lateb ITEM NO.
It�l► Media Date 1 Prepared by 1 Mayor's review 1 Council review 1
W -09 yam 0
_I 10/11/04 1 LL 1 1 1
i
isos 1 I 1 I
I I I I
ITEM INFORMATION
CAS NUMBER: 04-116 I ORIGINAL AGENDA DA I h: 8/9/04
AGENDA ITEM TITLE An ordinance establishing new regulations for motorized foot scooters, pocket bikes
and EPAMDs
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 8/9/04 Mtg Date Mtg Date Mtg Date 10/18/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Le P&R Police PW
SPONSOR'S This ordinance includes the changes recommended at the October 11 COW. It is now
SUMMARY ready for Council approval.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/20/04; 9/27/04; 10/11/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Move adoption of the ordinance
Comma Finance and Safety recommended approval of the ordinance 8/3/04
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/18/04
MTG. DATE ATTACHMENTS
10/18/04 Ordinance
CAS Page 2
w COUNCIL AGENDA SYNOPSIS
cP
01 1 Initials EM No.
'1 a 141 )9.1 1 Meeting Date 1 Ptrpared by I Mayor's mien, I Council review 1
y tP I 08/09/04 I LL 1
1 09/20/04 1 11 I 1 1
isos 1 9/127 /Ott 1 1 1,17en H I
16/11/04 1 1 5,iivww- 1.7ix 1
ITEM INFORMATION
CAS NUMBER: 04-116 'ORIGINAL AGENDA DATE: 8/9/04 I
AGENDA ITEM TITLE Ordinance Regulating Motorized Scooters and EPAMDs
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S This ordinance regulates the operation of motorized scooters, electric personal assistive
SUMMARY devices, and pocket bikes within the City as allowed by State law.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/9/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Recommend ordinance for adoption
COMMITTEE
COST IMPACT FUND SOURCE i
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION I
8/9/04 I COW
9/27104 I COW J
I 1
I 1
MTG. DATE I ATTACHMENTS I
8/9/04 Memo dated August 3 from L. Lauterbach
Draft ordinance regulating motor scooters I
Minutes from Finance and Safety Committee dated 8/3/04 I
9/27 /04 Memo dated September 13,2004 from L. Lauterbach
I Revised draft ordinance
1 RCW language about motor scooters and mopeds
1 10/11/04 Memo dated October 6, 2004 from L. Lauterbach, w/ copy of e mail attachment I
Draft (revised) ordinance (continued...)
O
1905
City of Tukwila
Washington
Ordinance No.
f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
THE USE OF MOTORIZED FOOT SCOOTERS, POCKET BIKES AND
EPAMDs; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
%;::A:1:,:, EFFECTIVE DATE.
WHEREAS, RCW 46.61.710 has authorized the use of motorized foot scooters and
EPAMDs, yet has allowed local jurisdictions to regulate their use within each city; and
WHEREAS, the City of Tukwila is concerned about traffic and pedestrian safety,
as well as the safety of all its citizens; and
WHEREAS, Tukwila chooses to regulate the use of motorized foot scooters, pocket
bikes and EPAMDs in order to protect the health, safety, and welfare of its citizens;
r NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
:.1 2 7
WASHINGTON, DO ORDAIN AS FOLLOWS:
4,
Section 1. Regulations established. Tukwila Municipal Code Chapter 9.34 is
hereby established to read as follows:
CHAPTER 9.34
OPERATION OF MOTORIZED FOOT SCOOTERS,
POCKET BIKES AND EPAMDS
Sections:
9.34.010 Definitions
9.34.020 Pocket Bikes
9.34.030 Electric Personal Assisflve Mobility Device (EPAMD)
9.34.040 Motorized Foot Scooters
z
9.34.050 Responsibility
9.34.060 Violation and Penalties
9.34.010 Definitions
For the purposes of TMC Chapter 9.34, the following definitions shall apply:
1. EPAMD" is an electric, personal assistive mobility device, which is a self-
balancing device with two wheels not in tandem, designed to transport only one person
by an electric propulsion system with an average power of 750 watts (one horsepower),
having a maximum speed on a paved surface of less than 20 mph (miles per hour),
when powered solely by such a propulsion system.
...:4 2. "Motorized foot scooter" means a device with no more than two 1.0-inch-or-
,-;--X2 smaller diameter wheels, that has handlebars, is designed to be stood or sat upon by
the operator, and is powered by an internal combustion engine or electric motor that is
capable of propelling the device with or without human propulsion. A motor -driven
cycle, a moped, an electric- assisted bicycle or a motorcycle is not a motorized foot
scooter.
3. "Pocket bike" (also known as miniature motorcycle, miniature chopper or sports
racer) is a low profile motorized vehicle 30" or less in height, weighing under 125
Motor Scooters 10/14/04 1 Of 4
N
pounds, with 10" or smaller wheels, either electric- powered or having an engine
displacement of 49cc's or fewer.
9.34.020 Pocket Bikes
A. Pocket bikes are prohibited from operation on any street, road or byway
publicly maintained and open to the public for vehicular travel in the City of Tukwila.
B. This section applies to pocket bikes and any similar motor vehicle with a low
profile but of a slightly different size.
9.34.030 Electric Personal Assistive Mobility Device (EPAMD)
A. EPAMDs may be operated on roads and road shoulders where the speed limits
are 25 mph or less, and on bicycle lanes, sidewalks and alleys. They are prohibited in
City parks, and on multiple -use trails within the City.
B. A person operating an electric, personal- assistive mobility device (EPAMD)
shall obey all speed limits and shall yield the right -of -way to pedestrians and human-
40 ?r- powered devices at all times. An operator must also give an audible signal before
overtaking and passing a pedestrian. Persons operating an EPAMD have all the rights
and duties of a pedestrian, though they must follow rules of the road when traveling on
the roadway.
C. It is unlawful to operate an EPAMD in a negligent or unsafe manner. They
y shall be operated with reasonable regard for the safety of the operator and other
persons. Examples of operating in a negligent manner include, but are not limited to
failure to obey all traffic control devices, or failure to yield right -of -way to pedestrians
and /or vehicular traffic.
D. EPAMDs on roadways should ride as close as practicable to the right side of
the road.
E. EPAMD operators should dismount their device on the right side of the road
and cross the road at an intersection as a pedestrian would if making a left hand turn.
P. No EPAMD shall be operated between the times of sunset and sunrise, unless
operated as a mobility assistant for a disabled occupant, in which case lights and
reflectors must be properly installed per RCW 46.04.
G. No EPAMD shall be operated with any passengers in addition to the operator.
H. All operators of EPAMDs shall follow State law as found in RCW 46.61.710,
?'-s. detailing that they have the rights and duties of a pedestrian unless otherwise regulated
in this section.
9.34.040 Motorized Foot Scooters
A. General Requirements
1. Except as otherwise prohibited in TMC Chapter 9.34, motor scooters may
be operated on roads and road shoulders where the speed limits are 25 mph or less.
2. Every internal combustion engine driven foot scooter shall at all times be
equipped with a muffler in good working order and in constant operation to prevent
excessive or unusual noise.
3. The use of a cutout, bypass, or similar muffler elimination device is
prohibited on any motorized foot scooter.
4. Motorized foot scooters shall be equipped with a kill (deadman's) switch,
in such a manner that the drive motor is engaged through a switch, lever, or other
mechanism that, when released, will cause the drive motor to disengage or cease to
function.
Motor Scooters 10/14/04 2 of 4
5. It is unlawful to operate on a public roadway or on public property with a
motorized foot scooter that has had factory installed brakes removed or altered to the
extent that the braking device is ineffective. Brakes on motorized foot scooters must
enable the operator to make the braked wheels skid on dry, level and clean pavement.
6. Handlebars on a motorized foot scooter must not exceed the shoulders of
the operator.
7. Noise Restrictions:
a. Motorized foot scooters must comply with the provisions in TMC
Chapter 8.22.110, "Public Disturbance Noises."
b. No motorized foot scooter shall emit frequent, repetitive or continuous
sounding of any horn or siren, except as a warning of danger or as specifically
permitted or required by law.
c No motorized foot scooter shall be operated in such a manner that
results in screeching or other sounds from scooter tires coming in contact with the
ground or pavement because of rapid acceleration, braking or excessive speed around
corners or because of such other reason not connected with avoiding danger.
B. Requirements for Operation
r 1. It is unlawful to operate a motorized foot scooter in a negligent or unsafe
manner. They shall be operated with reasonable regard for the safety of the operator
and other persons. Examples of operating in a negligent manner include, but are not
limited to failure to obey all traffic control devices, or failure to yield right -of -way to
pedestrians and /or vehicular traffic.
2. No motorized foot scooter shall be operated without the operator wearing
a properly fitted and fastened helmet, that meets or exceeds safety standards adopted
by Standard Z -90.4 set by the American National Standards Institute (ANSI).
3. No person operating a motorized foot scooter shall tow or pull another
person behind such device. In the event that a person is pulled or towed behind a
motorized foot scooter, the person operating the scooter and the person being towed or
pulled are both in violation of TMC Chapter 934.
4. No person may operate a motorized foot scooter on a public byway unless
such person is 16 years or older.
5. Any person operating a motorized foot scooter shall obey all rules of the
road applicable to vehicle or pedestrian traffic, as well as the instructions of official
traffic- control signals, signs and other control devices applicable to vehicles, unless
otherwise directed by a police officer.
6. It shall be unlawful to operate a motorized foot scooter other than as close
as practicable to the right -hand curb or right edge of the roadway.
7. When preparing for a left turn, the motorized foot scooter operator shall
>yi stop and dismount as close as practicable to the right -hand curb or right edge of the
roadway and complete the turn by crossing the roadway on foot, subject to the
restrictions placed on pedestrians in RCW Chapter 46.61.
8. No motorized foot scooter shall be operated with any passengers in
addition to the operator.
9. No motorized foot scooter shall be operated 'between the times of sunset
and sunrise.
10. Prohibited Areas. It is unlawful for any person to operate or ride upon a
motorized foot scooter or similar device in any of the following areas:
a. Parks, including their sidewalks, parking lots, streets, paths, trails and
similar travel ways.
b. Multi-use trails, including all City and regional recreational trails in
the City.
c. Sidewalks within the City limits.
Motor Scooters 10/14/04 3 of 4
d. Parking lots of any municipal facility.
e. Roads with speeds over 25 mph.
C. Application to Other Devices
The provisions of TMC Chapter 9.34 regarding motorized foot scooters apply
to any device that:
1. Matches the definition of a motorized foot scooter, except for the number
or size of the device's wheels; and
1 Cannot be defined as
a) A vehicle legally registered by the Washington Department of Vehicle
Licensing as a motorcycle or moped.
b) An electric- assisted bicycle.
9.34.050 Responsibility
No person shall perform any act forbidden by TMC Chapter 934 nor fail to
perform any act required in TMC Chapter 934. It is unlawful for any parent, guardian
or other person having control or custody of a minor child to allow said minor to
operate a motorized foot scooter, pocket bike, or EPAMD in violation of TMC Chapter
9.34.
9.34.060 Violations and Penalties
A. The City of Tukwila Police Department personnel shall be responsible for
enforcing the provisions of TMC Chapter 934.
B. Upon determining a violation of TMC Chapter 934 has occurred, law
enforcement officers may, at their discretion, issue a civil infraction in the amounts
specified in TMC 9.34.060.0 to any person including a parent or guardian violating
any of the provisions of TMC Chapter 9.34.
C. The following monetary penalties shall apply:
1. First offense $40.
y
1 Second offense $80.
3. Third and future offenses $250 each
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Motor Scooters 10/14/04 4 of 4
COUNCIL AGENDA SYNOPSIS
�J
Initiabc ITEM No.
(A' ti Meeting Date Pnpatzd by 1 Mayor's review Council review
133 q I 10/11/04 R. Fox J 1
e 1 i I 10/18/04 R. FO�,I 1 I
I 1 1 I
TEM INFORMATION
CAS NUMBER: REF. 04-109 (3RD CAS) I ORIGINAL AGENDA DATE: 8 -2 -04
AGENDA ITEM TITLE Comprehensive Plan Amendments /GMA revisions
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
1 Mtg Date 10/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 10/4 Mtg Date 8/2,8/23
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Conduct deliberation on GMA amendments and annual amendments
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte El F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMI PILE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/2/04 Council considered schedule and process for proposed amendments
8/23/04 Council was briefed on recommendations from the Planning Commission
10/4/04 Public Hearing
10/11/04 Deliberations on GMA and annual amendments
MTG. DATE ATTACHMENTS
10/11/04 Memo with summary of amendments
(Council to bring notebooks "Comprehensive Plan Update -City Council Review"
10/18/04 Memo w /attach. B.6.A (Insert in "Supplemental Materials "w /tab B in Comp Plan Update
Notebook)
Department of Comrnuntty Development Steve Lancaster, Director
Memorandum
To: City Council Members
From: Steve Lancaster, Department of Community Development
Subj: Comprehensive Plan Deliberations
Date: October 12, 2004
Schedule for Deliberations:
At your meeting October 18, 2004 meeting, we will continue deliberations with proposed
amendments'relating to the Growth Management Act, rather than working on the Natural
Environment/Sensitive Areas Ordinance as previously announced.
Please bring your "Comprehensive Plan Update - City Council Review" notebook with
the "Supplemental Materials" (dated 9/26/04) for use during deliberations on Monday,
October 18. These materials are identified by the colored tabs "A" through "E."
We will be focusing on the information from Tab B of the "Supplemental Materials." Tab
"B" (orange) contains each chapter of the Plan with proposed amendments relating to the
overall "GMA technical update". The following topics will be covered in the order in
which they appear in Tab "B:" Transportation; Utilities; Capital Facilities; Tukwila
Urban Center; Housing; Maintenance of the Plan; and, Economic Development.
Please add Attachment B.6.A.-- TMC Chapter 18.80 (enclosed) to the "Supplemental
Materials" section immediately following Attachment B.6 --Maintenance of the Plan.
This will be reviewed on Monday, October 18 along with other GMA-related materials.
Proposed changes to the existing Comprehensive Plan are highlighted. New wording is
underlined, and wording to be deleted is show with strikcthrc~:gh.
You may also want to review the information contained under the tab titled "L04-025
GMA Update." The white pages identify changes proposed to the "Background Reports"
prepared in support of the Comprehensive Plan. The green pages simply restate the
Comp Plan changes shown in Tab "B".
October 25, 2004 Meeting:
At your October 25 meeting, we hope to begin deliberations on the Natural
Environment/Sensitive Areas Ordinance. In addition, staffwill provide the revised
materials from the Tukwila South and Sabey deliberations at that time.
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
Attachment B.6.A
Comprehensive Plan and Development Regulations
TMC Chapter 18.80
Chapter t 8.80
AMENDMENTS TO TIlE
COMPREHENSIVE PEAN AND DI-',VEI,OPMENT REGULATIONS
Sections:
18.80.010 Application
18.80.015 Documents to be Submitted with Application
18.80.020 Docket
18.80.030 Notice and Comment
18.80.040 Staff Report
18.80.050 Council Consideration
18.80.060 Council Decision
18.80.010 Application
Any interested person (including applicants, citizens, Tukwila Planning Commission, City staff
and officials, and staff of other agencies) may submit an application for an amendment to either
the comprehensive plan or the development regulations to the Department of Community
Development. Such applications are for legislative decisions and are not subject to the
requirements or procedures set forth in TMC Chapters 18.104 to 18.116. In addition to the
requirements of TMC 18.80.015, the application shall specify, in a format established by the
Department:
1. A detailed statement of what is proposed and why;
2. A statement of the anticipated impacts of the change, including the geographic area affected
and the issues presented by the proposed change;
3. An explanation of why the current comprehensive plan or development regulations are
deficient or should not continue in effect;
4. A statement of how the proposed amendment complies with and promotes the goals and
specific requirements of the Growth Management Act;
5. A statement of how the proposed amendment complies with applicable Countywide Planning
Policies;
6. A statement of what changes, if any, would be required in functional plans (i.e., the City's
water, sewer, storm water or shoreline plans) if the proposed amendment is adopted;
7. A statement of what capital improvements, if any, would be needed to support the proposed
change, and how the proposed change will affect the capital facilities plans of the City; and
8. A statement of what other changes, if any, are required in other City codes, plans or
regulations to implement the proposed change.
(()rd, [770 9~52. i99¢:Ord I qS ~llpall). !90'1
18.80.015 Documents to be Submitted with Application
A. Applications for amendments to the comprehensive plan or development regulations shall
provide the following documents in such quantities as are specified by the Department: 1. An application form provided by the Department.
2. King County Assessor's map(s) which show the location of each property within 300 feet of
the property which is the subject of the proposed amendment.
3. Two sets of mailing labels for all property owners and occupants (businesses and residents),
including tenants in multiple occupancy structures, within 300 feet of the subject property. 4. A vicinity map showing the location of the site.
5. A surrounding area map showing comprehensive plan designations, zoning designations,
shoreline designations, if applicable, and existing land uses within a 1000 foot radius from the site's
property lines.
6. A site plan, including such details as may be required by the Department.
7. A landscaping plan, including such details as may be required by the Department.
8. Building elevations of proposed structures, including such details as may be required by the
Department.
9. Such photomaterial transfer or photostat of the maps, site plan and building elevation,
including such details as may be required by the Department.
10. Such other information as the applicant determines may be helpful in evaluating the proposal,
including color renderings, economic analyses, photos, or material sample boards.
B. The Department shall have the authority to waive any of the requirements of this section
for proposed amendments which are not site specific or when, in the Department's discretion,
such information is not relevant or would not be useful to consideration of the proposed
amendment.
lOrd. 1770 ~53.
18.80.020Docket
The Department shall maintain a docket of all proposed changes to the comprehensive plan and
development regulations which are submitted. The Department shall provide a copy of the
docket to the City Council on a monthly basis. If either the Department or the Council
determines that a proposed change may be an emergency, the Department shall prepare the staff
report described below and forward the proposed change to the Council for immediate
consideration, subject to the procedural requirements for consideration of amendments. A~j
emergency amendment is a proposed cban~e or revsiou that necessitates expcditious action to
address one or more of the following criteria:
I. Preserve the health, safety or welfare of the public;
2. Support the social, economic or environmental well-being of the City;
3. Address the absence of adequate and available public facilities or services;
4. Respond to decisions by the Central Puget Sound Growth Management Hearings
Board, the state or federal courts, or actions of a state agency or the legislature.
Non-emergency changes shall be compiled and submitted to the Council for review on an annual
basis in March so that cumulative effects of the proposals can be determined. Proposed changes
received by the Department after January 1 of any year shall be held over for the following year's
review, unless the Council or the Department determines the proposed change may be an
emergency.
(()ltl. 1771)~54, it)06; ()Id, 175~ ~l(paltl, 1995/
18.80.030Notice and Comment
The docket of proposed changes shall be posted in the offices of the Department and made
available to any interested person. At least four weeks prior to the Council's annual
consideration of the changes proposed on the docket, the City shall publish a notice in a
newspaper of general circulation in the City, generally describing the proposed changes
including areas affected, soliciting written public input to the Department of Community
Development on the proposed changes, and identifying the date on which the Council will
consider the proposed changes.
18.80.040 Staff Report
A. At least two weeks prior to Council consideration of any proposed amendment to either the
comprehensive plan or development regulations, the Department shall prepare and submit to the
Council a staff report which addresses the following: 1. the issues set forth in this chapter;
2. impact upon the Tukwila Comprehensive Plan and zoning code;
3. impact upon surrounding properties, if applicable;
4. alternatives to the proposed amendment; and
5. appropriate code citations and other relevant documents.
B. The Department's report shall transmit a copy of the application for each proposed
amendment, any written comments on the proposals received by the Department, and shall
contain the Department's recommendation on adoption, rejection or deferral of each proposed
change.
18.80.050Council Consideration
A. The City Council shall consider each request for an amendment to either the
comprehensive plan or development regulations at a public meeting, at which the applicant will
be allowed to make a presentation. Any person submitting a written comment on the proposed
change shall also be allowed an opportunity to make a responsive oral presentation. Such oppor-
tunities for oral presentation shall be subject to reasonable time limitations established by the
Council.
B. The Council will consider the following in deciding what action to take regarding any
proposed amendment:
1. Is the issue already adequately addressed in the Comprehensive Plan?
2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the
proposed change?
3. Is the proposed change the best means for meeting the identified public need?
4. Will the proposed change result in a net benefit to the community?
C. Following Council consideration as provided by TMC 18.80.050A and 18.80.050B, the
City Council shall take action as follows:
1. refer the proposed amendment to the Planning Commission for further review and a
recommendation to the City Council;
2. defer further Council consideration for one or more years to allow the City further time to
evaluate the application of the existing plan or regulations; or
3. reject the proposed amendment.
(Ord [~6 ~1, 199~:Ord. 177(I~57. 1996:
()rtl, 1758 51(pml), 10gq)
18.80.060Council Decision
Following receipt of the Planning Commission's recommendation on a proposed amendment
referred to the Commission, the City Council shall hold a public hearing on the proposal, for
which public notice has been provided as required under the Public Notice of Hearing chapter of
this title. Following the public hearing, the City Council may:
1. adopt the amendment as proposed;
2. modify and adopt the proposed amendment; or
3. reject the proposed amendment.
Tentative A enda Schedule
Oct. 4 11 18 25
SEE AGENDA Special Presentation:
PACKET FOR THIS a) Update on lobbying efforts
WEEK'S AGENDA b) Community-Oriented Policing
Cit/zens Advisory Board
(COPCAB) presentation and
awards
: Special Issues:
a) Comprehensive Plan
deliberations (if needed)
b) Sign issues regarding sports
facilities.
Nov. 1 8 15 22
Public Hearings: i Unfinished
llth - Cargo containers Business:
Veterans' Day Resolution setting
(City offices public hearing for 29
closed) street vacation for 5TH MONDAY OF THE MONTH;
Maule Avenue No Council Mtg. Scheduled
25th & 26th - (Radovich piece
Thanksgiving between 143rd &
and day after 144th)
(City offices
closed)
Dec. 6 13 20 :27
Public Hearing: Special Meeting
24th ~ Street vacation to follow COW - No Council Mtg. Scheduled
Christmas Day for Maule Unfinished
observed Avenue Business: An
31st - New (Radovich piece ordinance
Year's Day between 143rd & approving street
observed 144th) vacation for
(City offices Maule Avenue
closed) (Radovich piece
between 143rd &
~44th)
Jan. 3 10 17 i24
17th - M.L. 31
King, Jr. Day
(City offices 5TH MONDAY OE THE MONTH;
closed) No Council Mtg. Scheduled
Finance & Safety, ~ Utilities, 5 PM ~ Crime Hot Spots Task >' Apt Mg~'s Network,
5:05 PM Force, 10 AM NOON
City Council Special } Parks Cmsn, 5:30 PM ~' Domestic Violence
Mtg., 6 PM (TO } OPEN HOUSE, Allentown/ Task Force, NOON
DISCUSS PROPOSED
2005 BUDGET AND Foster Point Sewer,
2005-2010 CAPITAL Water and Street
IMPROVEMENT Improvements, 6-8 PM,
PROORAM) ~ TCC PM (PLEASE
NOTE: RESCHEDULED
City Council Regular FROM 10/6/04)
Mtg., 7 PM
Transportation, 5 PM ~ Community Affairs ~ Readiness Free Halloween
City Council COW, & Parks, 5 PM Carnival, 6-7:30 PM ~
7 PM TCC
(For more information
Tukwila Citizen call 206-768-2822)
Patrol, 7 PM
~r Court Jury & Readiness notations are made to alert City of Tukwila employees/citizens of potential parking difficulty only.
Apartment Mgrs' Network Lunch (3rd Thurs), NOON, (bring own lunch), TCC, contact Robbie Bums 206-242-8084.
Arts Commission (lst Tan), 5 PM, TCC, contact Kimberly Matej 206-767-2342.
Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Dispose
of primings/plant materials from the Lunghorned Beetle quarantine area. Drive your truckload of materials to the parking lot and
we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID w/quarantine urea address.
City Council Committee of Whole (COW) Meeting (2nd & 4th Mort), 7 Pm, Council Chambers.
City Council Regular Meeting (lst & 3rd Mort), 7 PM, Council Chambers.
Civil Service Commission (2nd Mort), 5 PM, Conf Rm #3, contact Bev Willison 206-433-1844.
Community Affairs & Parks Committee (2nd & 4th Tues), 5 PM, Cunf Rm #3.
Community Oriented Policing Citizens Adv. Brd (COPCAB) (2nd Wed), 6:30 Pm, Conf Rm #5, Marja Murray 206433-7175.
Crime Hot Spots Task Force (3rd Wed), 10 AM, CRC, Maria Murray 206433-7175.
Domestic Violence Task Force (3rd Th), Noon-1:30 PM, Conf Rnl #5, Erie Boykan 206433-7180 or Keith Haines 206-433-1827.
Equity & Diversity Commission (lst Th), 5:15 PM, Showalter Middle School Library, call Lucy Lauterbach 206-433-1834.
Finance & Safety Committee (lst & 3rd Mon), 5:05 PM, Conf Rm #3:10/18 Mtg.: a) Use of drag seizure monies for purchase of
police equipment; b) Amendment to contract for public defender services; c) Annual cancellation of accounts receivable; d) Annual
write-off of outstanding municipal warrants, treasurer's checks and gift certificates; e) Amendment to animal control ordinance; f)
ClearPath contract; g) 2005 budget review.
Hwy 99 Action, (2nd Tue), 7 PM, TCC, contact Keith Haines 206-433-1827.
Human Services Adv. Brd (2nd Fri of odd months only), 10 AM, Human Styes Conf Rm, call Erie Boykan 206433-7180.
Human Services Providers, 11:30 AM; 3/19, 6/18, 9/17, & 12/3 (tentative), TCC, call Erie Boykan 206-433-7180.
Library Advisory Board, (2nd Tues), 7 PM. Foster Library. call Bruce Fletcher 206-767-2343.
Parks Commission (3rd Wed), 5:30 PM, TCC Sr. Game RIlL contact Kimberly Matej 206-767-2342.
Planning CommissionfBoard of Architectural Review (Public ttrg on 4th Th; Nov & Dec = 2nd Th), 7 PM, Council Chambers,
contact Wynetta Bivans 206431-3670.
Sister City Committee (as needed), Conf. Rm #3, contact Lucy Lauterhach 206433-1834.
Transportation Committee (2nd & 4th Mort), 5 Pm, 6300 Southcenter Blvd, Conf Rm #1.
Tukwila Government Affairs (SWKCC) (lst Tue), Noon, Chamber Offices, contact Nancy Damon 206-575-1633.
Tukwlla Citizen Patrol (4th Mort), 7 PM, TCC, Everett Parr 206-762-9219/Roy Steinauer 206-243-9191, Tukcp~hotmail.com.
Utilities Committee (lst & 3rd Tues), 5 PM, 6300 Southcenter Bird, Conf Rm #1; 10/19 Mtg.: Proposed 2005 CIP and Budget.