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HomeMy WebLinkAboutReg 2004-11-01 COMPLETE AGENDA PACKET Monday, November 1, 2004; 7 PM 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 2. SPECIAL a. Update on Council Chambers upgrade - Jim Morrow, Director, Public Works. PRESENTA- b. Southwest King County Economic Development Initiative - Jack Pace, TIONS Deputy Director,DCD. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda. COMMENT To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. a. Approval of Minutes: 9-20-04 (Regular); 10-4-04 (Regular); 10-18-04 (Regular); and 10-18-04 (Special). b. Approval of Vouchers. c. Accept as complete the 2004 Overlay Program with Watson Asphalt Paving Co., Inc.;authorize release of retainage subject to the standard claim and lien release procedures (final cost of project: $762,473.38, including retainage). An ordinance modifying the City's standards for cargo containers in zones and amending the appeal process regarding placement of cargo containers. a. Authorize Mayor to sign an amendment to Contract #96-110(A) with Kirshenbaum and Goss, Inc., P.S., for public defender services.* b. An ordinance establishing a process for attaching tax liens and recovering costs to recoup abatement costs. c. A resolution committing to initiate an annexation process in conjunction with Tukwila Valley South annexation. d. Authorize Mayor to signa supplement to Contract #03-069(A) with ECONorthwest for services related to the Tukwila Urban Center (TUC). * e. Authorize Mayor to sign an Interlocal Agreement with King County Rural Library District for library services. * f. Proposed amendments to the "Natural Environment" chapter of the Tukwila Comprehensive Plan, and revisions to the "Sensitive Areas" ordinance. ~ Please bring your "Natural Environment Chapter and Sensitive Areas Ordinance" notebook. -< g.. Continuation of Proposed 2005 Budget Review. ~ Please bringyour 2005 Proposed Budget. -< a. . A resolution ordering cancellation of past-due accounts receivable and returned check write-offs. b. A resolution ordering the cancellation of outstanding court/treasurer's checks and gift certificates. a. Mayor c. Staff b. City Council d. City Attorney 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206-433-1800rrDD 206-248-2933. This 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. 4. CONSENT AGENDA 5. PUBLIC HEARING 6. UNFINISHED BUSINESS (*Refer to 10/25/04 COW packet.) 7. NEW BUSINESS 8. REPORTS TukwilaCity Council Agenda .:.REGULAR MhETING .:. Steven M. Mullet, Mayor Rhonda Berry,. City Administrator Jim Haggerton, Council President Councilmembers: · Pam Carter · Joe Duffie · Dave Fenton · Joan Hernandez · Pamela Linder · Dennis Robertson · Ord #2066 · Res #1561 'I !- i '11 e. Intergovernmental COUNCIL AGENDA SYNOPSIS 4 9s y Initials o I No. I ∎71:'� �e Meeting Date 1 Prepared by 1 Mayor's review 1 Council review 11/01/04 1 RP CVfil ,as I >t•� V 7908 ITEM INFORMATION CAS NUMBER: 04-011 I ORIGINAL AGENDA DATE: NOVEMBER 1, 2004 AGENDA ITEM TITLE Council Chamber Upgrade Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 11 /01 /04 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Remodel will include new audio /video equipment and furniture for the Council Chambers. SUMMARY REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte El Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. COMM1 fnE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $452,683.20 $421,569.00 $475,000.00 Fund Source: 303 Facilities Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/22/04 Council approved "Option 2" 11/01/04 MTG. DATE ATTACHMENTS 11/01/04 Information Memo dated October 27, 2004 Attachments 1 through 3 INFORMATION MEMO To: Mayor Mull~t From: Public Works Director Date: October 27,2004 Subject: Status of Court/Council Chamber UUf:!rade ISSUE City Council has requested an update on the Council Chamber Remodel Project and another review of the scope of work. Several changes have been requested to the approved scope-of-work and Staff needs a decision on the requested changes. DISCUSSION Atthe March 22, 2004 City Council Meeting, "Option 2" was approved as the scope-of-work for the proposed project (Included a lip for the dais). Attachmentl is the approved scope-of-work. The estimated project cost was $421,569.00 (AudioNideo $257,572; Furniture $163,997). Attachment 2 is the "Conceptual" Layout of the Chambers. Since March there have been numerous user group (City Clerk, Court Administrator, IT Department, Planning Department, Council's Legislative Analyst) meetings to discuss scope, scheduling, and financing. As a result, the design costs have grown from an original estimate of$18,385 to $49.499.20. This increases the total project costto $452,683.20. Recently, the users and design team have put forth additional suggestions/changes: . Eliminate the "goose-necked" microphones and replace them with wireless microphones. . Provide "flat-panel screens" in the dais. . Provide lap top computers in lieu of the flat-panel screens. In order to eliminate the labor premium costs associated with working in the evenings, provisions are being made to accommodate the needs of the Court in Conference Room 3 (Tuesdays and Thursdays) during business hours. This will.require that the furniture in Conference Room 3 be re-arranged for the duration of the construction (See Attachment 3). Because of this, the Court has offered the use of the Law Library for Department Head and other meetirigs typically scheduled for Conference Room 3. Conference Room 3 will also have the doorknobs changed on the doors leading to the Mayor's office to ones that will lock from the Mayor's side. Another user group and design team (David Clark and JW Tel-Tronics) meeting has tentatively been scheduled for November 2. This meeting will be held to finalize the scope-of-work. Construction activities will be limited to business hours (labor premium not approved), and will most likely occur on Tuesdays, Thursdays and Fridays (with the exception of the first Thursday and Friday of each month). This schedule will be an inconvenience to the contractor, and they will spend approximately 1/6 of their time mobilizing, de-mobilizing and cleanup. DECISION NEEDED ... I. Eliminate the "goose-necked" microphones and replace them with wireless microphones? Estimated that there will not be any additional cost. 2. Provide "flat-panel screens" in the dais. 3. Provide lap top computers in lieu of flat-panel screens. Note: Estimate cost for either item 2 or item 3 is an additional $25000. RECOMMENDATION Project Management strongly recommends that the scope-of-work be "frozen" so that design can be finalized, a construction scheduled can be.established, and final project costs detennined. COUNCIL CHAMBERS UPGRADE PROJECT (Construction, Design, & Furniture- Less Labor Premium, Upper Dias & ADA Accommodations) Page 1 Item Estimated Cost Description Demolition $ 5,492 Carpet, Lighting, Haulin• & Dump Fees, Protection & Dust Control. Alter Wall for Tech Racks /Cabinets; Header & Reframe. Rough Carpentry 1,642 Finish Carpentry 30,000 Add Upper Dais, Alter Dais, Cabinet in Seating Area, Technology Cabinet, Jury Box Plastic Laminate 9,633 Vertical Face; Countertops Caulking 310 Was $620, now only $310 with no ADA work Ramp-Railings 2,812 Relocate Court Doors 266 • ' - • - ' ° • - - _ - - - - 3,640 ... .. . _ .. - .... -_-. 1,640 -• _.... 5,751 i ; i --• - __. Elmo Stand 1,250 Prep Floor for Carpeting 2,313 Install Field Carpet 8,885 Was $3,054, now only $1,000 with no ADA work Painting 1,000 Council Signs 1,250 Name Plates for Council Members, Mayor, City Atty & City Admin HVACNentilation 9,000 Electrical 30,319 General Lighting, Electrical Panel, Electrical System Upgrade New Public Seating 16,640 Executive Seating 2,175 City Atty, City Admin, Mayor Admin Seating 850 1,390 City Clerk, Legislative Coordinator /Bailiff Podium Computer Cabinet 1,670 Sub -Total $ 122,569 Design Fee 18,385 Labor Premium (25 %). 35,094 Contingency (10 %) 12,257 WSST (8.8 %) 10,786 Total (Construction, Design, Furniture) $ 163,997 A1Tcrr*awt1 J. yr Page 2 COUNCIL CHAMBERS UPGRADE PROJECT (Technology /Equipment & Labor Cost Estimate- Less Labor Premium, Upper Dias, & ADA Accommodations) Estimated Estimated Total Line r Costs Item Costs Description System Hardware & Infrastructure $ 8,631 $ 6,500 $ 15,131 Equipment Enclosures, Connectivity Panels, Mounting Brackets, etc. Audio Sub- System 35,031 16,000 51,031 Gooseneck and Wireless Mics, & Gallery Speakers. Display & Presentation Sub- System 37,352 16,600 53,952 Projectors, Screens, Video Playback, Computer Display Connections Control System 18,207 9,200 27,407 Integrated System Control Hardware, Touchpanels, Preview Monitoring, System Programming Digital Recording System 5,000 393 3,250 800 8,250 1,193 Hard Disk/CD Recording System; Fully Integrated Into Audio System.' Audio Feed to Police Department Improved Audio Feed to PD to Accompany Existing CCTV Signal. Fully Integrate Court's existing VTC System; Eliminate Current VTC Mobile Cart/Monitor Arrangement. Court Videoconferencing Integration 1,561 1,650 3,211 56,637 City Information Channel 41,937 14,700 Sub -Total Design Fee Furniture Grand (pg 1) Total $ 216,812 $ 122,569 $ 339,381 18,385 18,385 17,175 35,091 52,260 $ C718,112 $ 68,700 17,175 Labor Premium (25 %) Contingency (10 %) WSST (8.8 %) Total (Technology /Equipment & Labor) 21,681 12,257 33,938 19,079 10,786 29,865 $ 148112 $ 68,700 $ 257,572 $ 163,997 $ 421,569 P�od„ux3�. s CITY OF TUKWILA COUNCIL CHAMBERS UPGRADE PROJECT Covozr pikoCh`aDr.v6s tM F i b u f' -A-T% w. CCM Ceer r BUY _ CcM c: Rao 14-1 3 b U1\ t N it Csou R-T/ C O lM Ci l.. C..1 A-u.r R CYO- v , i1•.4 -pt COUNCIL AGENDA SYNOPSIS t `s =0 Initials ITEM NO. N iVleetireg Date Prepared GA, Mayor's review 1 Coijncil review +I�r 49 2 11/1/04 1 SI ,1/011-1- H.. 1908 1 1 ITEM INFORMATION CAS NUMBER: 04-150 I ORIGINAL AGENDA DATE: 11/1/04 AGENDA ITEM TITLE Southwest King County Economic Development Initiative CATEGORY X Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P Police PW SPONSOR'S Briefing on Southwest King County Economic Development Initiative SUMMARY REVIEWED BY COW Mtg. X CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: October 12, 04 RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Forward to CC COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED o $o $o Fund Source: N/A Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 11/1/04 MTG. DATE ATTACHMENTS 11/1/04 Memo dated October 26, 04 Minutes, CAP meeting October 12, 04 INFORMATION MEMO .To: From: Date: Subject: City Council ] Community DevelopmentDirector October 26,04 Souiliwest ~ng COUDo/ Economic D velopment Initiative ISSUES Briefing on Southwest King County Economic Development Initiative BACKGROUND The Southwest King County Economic Development Initiative represents a cooperative sub-regional economic development effort by the cities of Buren, Des Moines, Normandy Park, and Tukwila, unincorporated North Highline, the Port of Seattle and King County devoted to increasingjob opportunities and income for area residents. The strategy focus. on the economic development potential of Southwest King County in an effort to increase full-time permanent employment opportunities and household incomes through enhancing the area business and investment climate. The strategy is a collective approach to improve the area's economy. By collaborating on economic development goals, the cities, the Port and the County will be able to achieve more than they can accomplish by each jurisdiction acting individually. Attached tothis memo is a brief summary of the Small Business Development Center and the Export .Promotion Program. CAP REVIEW The Community Affairs and Parks Committee reviewed this issue as its October 12 meeting and recommends moving this issue to November I, 04 City Council meeting. City of Tukwila City Hall at 5:00 PM October 12, 2004 A SnaDshot of The SKCEDI Small Business DeveloDment Center SKCEDI and Small Business SKCEDI's mission is to facilitate economic development in Southwest King County. From its inception SKCEDI recognized that small businesses in southwest King County, when viewed altogether, are the biggestsector in this area's economy. The numbers are substantial: there are about 65,000 small businesses in all of King County, 70% of employment within the County comes from small and medium-sized businesses. Thatis why SKCEDI is dedicated to business development in southwest King County. and creating opportunities for businesses to grow. The SBDC The Small Business Development Centers [the SBDC] provides business management and technical assistance, training and research to small business owners and managers to improve profitability and stimulate economic growth. The most common services offered by the SKCEDI-SBDC in response are-- support for bank loan applications, coaching on development of written business/marketing plans, research support for sales and marketing implementation, connections to useful organizations and resources Three Typical Tukwila Clients a. Manufacturer with a a promising growth/export opportunities in one of his divisions. b. Restaurantowner operating below break-even and sales in downward trend. c. Sign company owner gearing up to handle higher volume in 2005. Common Requests fromSKCEDI-SBDC Clients The five most common requests from SKCEDI-SBDC clients are for assistance with: loan applications, marketing upgrades to help increase sales, improved financial management, assistance with completing an equity financing,. assistance for export and imports of services or goods. The SKCEDI-SBDC Is In Demand In the first eight months of this year alone, the SKCEDI-SBDC has served over 100 businesses. This is a result of a continuous outreach program. As of September I s" there were 3 7 active clients, ranging from owner-operated home-based enterprises to 1 00+ -person manufacturing companies. Approximately 10% of the local SBDC clients have sales of more than $1 million. Clients are locatedin all five of the sponsoring cities and in unincorporated King County. Other SBDCs Serve AU Areas of Washington There are 20 SBDC.offices in the State of Washington, staffed by 26 certified business development specialists. The SKCEDI-SBDC is located close to Highline Community College on Pacific Highway South;Zev Siegl is the fuU-time specialist. Most states in the USA have an SBDC network. Tukwila City Council, Sub-Committee October 12, 2004 Export Promotion Pro!!ram . Origins of the Export Promotion Program: Southwest King County Economic Development Initiative The Export Promotion Program was a projecfthat originated from the Southwest King County Economic Development Initiative (the Initiative.) The goal of the program is to demystify the exporting process and highlight the benefits and ease of exporting for small and medium-sized businesses. The Initiative is a partnership between the cities of Burien, Des Moines, SeaTac, Tukwila, Highline Community College, the Port of Seattle, and King County. It is dedicated to business development and opportunities for business growth in the southwest King County area. Funding for the Export Promotion Program comes from a grant from the U.S. Economic Development Administration and Initiative partners. . Importance of Trade and Exports to the Region International trade is vitally important to the Washington state economy. Washington exports contribute to nearly one-half ofthe state's new jobs. According to the Washington State Department of Community, Trade, and Economic Development, it is estimated that by 2005, one-in-three jobs in the state will be directly or indirectly supported by.intemational sales. In fact, exports result in increased profits, jobs, and real personal income for our region's companies and residents. In a world of increased globalization and explosive growth in key Asian markets, the Export Promotion Program emphasizes the profitability and ease of exporting to our local businesses. ' Employment -Economic Development - Export Promotion 70 percent of employment within King County comes from small and medium-sized businesses, the very businesses that can best be tapped for export promotion activities. As these firms get into international sales and become more profitable, they naturally have to expand production, leading to greater employment and economic development for the region. · Programs: 1) Export Promotion Symposium - 2004 and 2005: The first Symposium was held earlier this year, in February, at the Doubletree Hotel inSeaTac. It was marketed extensively, with particular emphasis on southwest King County. It was considered very successful, with 100 attendees and 50 companies represented.. Based onthe success ofthis program, we received an extension of our grant from the U .S.Economic Development Administration to hold a King County-wide Export Promotion Symposium in 2005. This event will be widely marketed to small and medium-sized businesses throughout King County and will have the same goals of emphasizing the profitability and ease of exporting. It will take place on March 23,2005 at the WSTCC. ~ Export Mentor Program - 2004: The Export Mentor Program isa pilot program designed to develop the exporting capabilities of small and medium-sized companies. A mentor..,protegerelationship is established between larger, exporting-experienced companies offering guidance and support to protege companies new to exporting. The protege companies in turn design Export Plans in order to assess, finance, market, sell, transport, and distribute their products and services overseas, with the ultimate goal of developing successful exporting programs. Currently, 10 companies are participating in the program from SeaTac, Tukwila, Federal Way, Seattle, and other areas in KC. The most successful protege company, based on progress throughout the year and completion of the export plan, will be given a subsidized trade mission to develop business contacts in a specific market overseas. . """". . Community and Parks Committee October 12, 2004 \- . ..~ " Present: Pam Linder, Chair; Joe Duffie, Dave Fenton. Stephen King, Steve Lancaster, Maggie Lubov, Lynn Miranda, Jack Pace, Joyce Trantina, Lisa Verne; Sue Carlson (Segale Properties), Martin Dicker (King County). -* Southwest Kin1!County Economic Develonment Initiative (SWKCEDn Presentation. Jack Pace provided some background on Tukwila's participation in the SWKCEDI, .andintroducedMartin Dicker. Martin is a Senior Economic Development Specialist with KingCounty.He described the goals of the Ecpnomic Development . Initiative as increasing employment oppommities and hou~ehold incomes throughout southwest King County. He recognized Pam Linder's confiibutions to the organization as a member of the Executive Committee, and Jack Pace's contributions as a member of the Steering Committee. Martin described two significant programs of the Economic Develv.loauent Initiative: the small Business Assistance Centerlocated at Highline Community College; and the Export Promotion Program. He also described how the relatively modest but critical. financial support provided by Tukwila and other cities has been successful in leveraging significant financial support form other sources. Forwarded to November 1. 2004 Citv Council meetin1! as a Special Presentation. ........ ... . ......... ...... . .. . ...... . ..-.-.. - ".- .-."-. . .. " . -. . Annroval of Metro Implementation Contract for Commute Trip Reduction Maggi Lubov, Commute Trip Reduction(CTR) Coordinator, reported this contract is for the City to expend funds . trom the State allocation for Commute Trip Reduction administration to collect data relative to CTR. Monies are also used for promotional activities and advertising of the program for City wide employers and employees. This one-year contract is for a fiscal year from July 1,2004 - June 30, 2005. The amount to be spent with this contract with King County Metro is $21,106.00. i King County Metro provides technical assistance to the City for the data collection and analysis, as well as employer CTRprogram review functions. Adrnini::;trative consistency in implementing the State requirements, along with King County Metro's . technical resources and skills, is the primary reason for this agreement. This is a renewal of similar contracts in place since 1995. Maggi provided a packet of materials highlightingCTR activities.overthe past year. The packet included the 2003 CTR Task Force report to the legislature, ridesharing information and transit changes. Forward to COW with recommendation to aunrove. TUCIECONorthwest contract amendment #2. Lynn Miranda described the next phase ofECONorthwest'g work on the Tukwila Urban Center Plan as: 1) identification of o potential infrastructure :ft.mding strategies; 2) preparation of an "economic simulation" to provide information on the ability of proposed City investments to "pay for themselves" over time; and 3 ) preparation of a summary of previous economic and financial factors reports, to be included in the proposed TUe plan. The proposed amendment increases ECONorthwest's contract by $26,000. Forward t~ fJf)vY with recommendation to approve. \ 117, COUNCIL AGENDA SYNOPSIS ITEM No. Meeting Date 1 Prepared by 1 Mayors review Council review o i 11/0 I BG A ti I f% /1' rsoa I I 4,c, ITEM INFORMATION CAS NUMBER: 04-151 ORIGINAL AGENDA DATE: NOVEMBER 1, 2004 AGENDA ITEM TITLE Accept as complete 2004 Overlay and Repair Program Construction Contract and release retainage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 11 /01104 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P Police PW/ SPONSOR'S Watson Asphalt Paving Company, Inc. completed the overlay and repair project on July 28, SUMMARY 2004. One change order added work on S Glacier St, Cascade Ave S and Riverside Dr and unit price underruns amounted to $73,466.62. The total contract amounted to $762,473.38. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/25/04 RECOMMENDATIONS: SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage. COMMrrl'EE Accept contract and forward to Consent agenda for approval COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $762,473.38 $1,000,000.00 Fund Source: 104.02 Commercial Streets (page 42, 2004 CIP) Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 11/01/04 I MTG. DATE I ATTACHMENTS 11/01/04 Information Memo dated October 15, 2004 Notice of Completion of Public Works Contract 04 -035 Transportation Committee Meeting Minutes from October 25, 2004 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public.WorkS.Directo~ October 15, 2004 2004 Overlay Program Project Completion and Acceptance ISSUE Accept construction contra.ct as complete and authorize release of retainage in the amount of $38,123.67. BACKGROUND The Notice to Proceed for Contract No. 04-035 with Watson Asphalt Paving Company, Inc., of Redmond,. Washington, was issued on June 1, 2004, for the construction of Project No. 04-RWOl. The base project provided repairs and overlays on five roadway segments (Olympic Ave, ToddBlvd, Strander Blvd, 57th Ave S, and Ryan Way). This contract was substantially completed on July 28,2004. There was one change order during construction (due to favorable bids, added work on S Glacier St, Cascade Ave S, and Riverside Dr). The unitprice underruns amounted to $73,466.62, primarily due to less pavement repair required. Closeout paperwork has been completed and verified, and the project is now ready for fmal acceptance. The contract cost is summarized as follows: Contract Award Amount Change Orders Underruns Total Amount Paid (inc!. retainage) $ 727,940.00 108,000.00 (73,466.62) $ 762,473.38 ACTION TAKEN The final payment has been issued, fmal records are being prepared, and this acceptance will formalize the closeout of this project. RECOMMENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of the retainage, subject to the standard claim and lien release procedures. BG:ad attachment: Notice of Completion of PublicWorks Contract (P:Projects\A- RW\04RWOl\lnfo Memo Closeout - Watson Asphalt Paving) ~ State of Washington u Department of Revenue ,At.:. PO Box 47474 . REVENUE Olympia W A98504-7474 Date 8/18/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's Registration No. (UBI No.) 179017188 Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, W A 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number 2004 Overlay Program (project No.04-RW01) Contractor's Name 04-035 . Telephone Number Watson Asphalt Paving Company, Inc. Contractor's Address 425-883-3837 P.O. Box 845, Redmond, WA 98073 Date Work Commenced Date Work Completed Date Work Accepted 6/1104 Surety orBonding Company St.Paul Fire & Marine Insurance (Bond No.TC6069) Agent's Address 7/22/04 Bush Cotton & Scott, LLC, P.O. Box 30 18, BothelI, WA 98041-3018 Contract Amount Additions Reductions $ 727,940.00 $ + 108,000.00 $ - 73,466.62 Liquidated Damages $ 0.00 Sub-Total Amount of Sales Tax Paid at 0.0 % (If various rates apply, please send a breakdown.) TOTAL $ 762,473.38 $ 0.00 Amount Disbursed $ 762,473.38 Amount Retained $ 0.00 TOTAL $ 762,473.38 $ 762,473.38 Comments: Retainage Bond No. TC6070 provided by Watson Asphalt. Sales Tax Rule 171 applies. Signature Type or Print Name Diane Jaber {'\ \ Phone Number 206-433-1871 Finance AppLV v'al . ~. (. r d # The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, W A 98504-7474,immediate1y 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 fonnat for the visually impaired, please call (360) 753-3217. Teletype (TrY) users please call (800) 451-7985. You may also access tax infonnation on our Internet home page at http://dor.wa.gov. REV 3 J 0020e (6-27-0 J ) . " " Transportation Committee October 25, 2004 Present: Joan Hernandez, Chair; Pam Carter,Joe Duffie Jim Morrow, Frank Iriarte, Bob Giberson, Cyndy Knighton, Robin Tischmak, Gail Labanara, Pat Brodin, Alan Doerschel, Sara Haileh, Lucy Lauterbach; residents Annieand J oeW ade, Heidi Watters, Becca Harlan ,Philip Smith 1. TrafticCalmin!! Citizens had come to talk about traffic calming on3ih/S. l30th Streets. Cyndy said there are variances inbothtraffic calming measures and in programs. She and the engineering intern have surveyed 15 cities in the US and Canada, and have found programs similar to what Tukwila has been aiming for. Mostofthe cities foundwithtraffic calming programs are much larger than Tukwila:Cyndy and Sara will use parts of several programs to pllt together our own program. Jim said the city could use a full time person to do traffic calming. As there is not such a staff, the program has to be done as time allows. If a major traffic calming project is to be done, some other program will have to betaken offthetable.Joan corrected a neighborhood name for S. 160th from Crestview to McMickenon the Traffic Calming Priority worksheet. The citizens on S. Both and 37thhave formed a committee, as staff asked them to do. Their street will be a test case of our program, once we have one. Citizens are anxious to move ahead now, but first the program will have to beput together. Jim has ordered three rubberized street humps that can be placed somewhere, thenlater moved and placed elsewhere. Joe warned against speed bumps that can lead to lawsuits from low rider motorcycles sailing over them. Cyndy explained the difference between speed bumps (higher, harder to go over) and speed humps, which are lower and more flat, and are therefore a little easier to drive on. One thing that will need to be done on the street is an origin and destination study. Ifthat shows people going to. one place of work, Cyndy could talk to that organization. Another first step is to correctly identify what the problem is, and not what just anecdotal information (speeding tra:ff.ic) people think. An accident history and traffic counters will also be helpful. Information. .~ 2. 2004 Overlay Pro~ram Close-Out The 2004 program had five roads on it: Olympic Ave, Todd Blvd (both southofS. 180tl1), Strander, 57th Ave, and Ryan Way. The contractor, Watson Asphalt Paving Company, Ine.started in June and was done by the end of July. Staff was very impressed with their work, and hope they'll be able to work with them again. An under run was gained because less paving repair than anticipated was needed. Because of the under run, a little more work could also be done on the streets Glacier, Cascade and Riverside which are also south ofS. 180th. Committee recommendation to accept proiect as complete. and authorize release of retaina!!e on consen~ a~enda of a Re1!ularlVleetin2. 3. 2005 CIP The Committee started with their CIPs,. In residential streets, more paybacks from the Allentown sewer project will supply some. funds for neighborhood enhancements, which will possibly be water/sewer projects in the other part of Allentown. Under the Bridges CIP staff reported that the State DNR is charging the. City a fee for our pedestrian bridge, and will require other permits if any utility pipe is hung on the bridge. 2005 will be used to close out the Interurban bridge. In commercial streets. Alan said it would be hard to do Southcenter Parkway extension unless the project was revenue neutral. The S.17Sth project will need Council approval to proceed (it is largely unfunded now). Klickitat will need a payment plan, though there is a start on some mitigation funds. Reviews ended with the Tukwila Urban Center Master Plan. Continue review next meeting. ~' Committee chair approval �11LA CO UNCIL AGENDA SYNOPSIS o r» itiars ITEM No. Mayor's review rsr 'e Q Prepared [Vreetin Date p Ara Council reuzem Q <v�' 06/ 28/04 Council /04 I SL 1 1 ak 'f_ 11/01/04 SL A Q0.— 'a, 1 1 1 ITEM INFORMATION CAS NUMBER: 04-092 I ORIGINAL AGENDA DATE: 06/28/2004 AGENDA ITEM TITLE An ordinance modifiying the City's standards for cargo containers in zones and amending the appeal process regarding placement of cargo containers. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor ID Adm Svcs /1 DCD Finance Fire Legal P &R Police PWI SPONSOR'S The proposed Ordinance would modify TMC 18.50.060(C)(1) and allow cargon containers SUMMARY to be 40 feet instead of the current length restriction of 30 feet. The Ordinance would also amend TMC 18.104.010 allowing the Hearing Examiner to have authority regaring appeals of a Directors Decision regarding the placement of cargo containers. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: July 22, 2004 RECOMMENDATIONS: SPONSOR /ADMIN. Approval as submitted CoivIMIrrlE Approval as submitted COST IMPACT FUND SOURCE EXPENDITURE REQUIRED- AMOUNT BUDGETED APPROPRIATION REQUIRED $NA $NA $NA Fund Source: NA Comments: NA MTG. DATE 1 RECORD OF COUNCIL ACTION 4/15/02 Council adopted Ordinance Number 1989 6/14/04 1 COW sent the proposed changes to the Planning Commission for their review. MTG. DATE J ATTACHMENTS 3/23 /04 1 Memo from Steve Lancaster to CAP 6/15/04 1 Minutes from Community and Parks Committee 6/15/04 1 Memo from Steve Lancaster to COW 11/01/04 1 Memo from Steve Lancaster to City Council New Ordinance regarding Cargo Containers Minutes from COW meeting Minutes from Planning Commission Meeting City 01 Tukwila Steven M. Mullet, Mayor Department of Community Deflelopment Steve Lancaster, Director MEMO TO: City Council Steve Lancaster, Director DCD ~\N" FROM: RE: Amendments to Cargo Container regulations DATE: October 26, 2004 Issue At the June 28, 2004 meeting, I informed Council of the following issues regarding cargo containers. I. The maximum length restriction of30-feet is too restrictive. There were some pre- existing cargo containers in the City that are 40 feet in length. These cargo containers meet the screening requirements and setback requirements in TMC 18.50.060, however staff cannot issue a permit for the container to be permitted, since the container does not meet the required length restriction. Staff has also become.awarethat the predominant length of most cargo containers is 40 feet. Originally, when theCity was drafting Ordinance 1989, the original recommendation of staff and the Planning Commission was to have the maximum length of the cargo containers be 40 feet. 2. Ordinance 1989 also does not clearly specify which hearing body would hear the appeal of the Director' s Decision regarding placing of a cargo container. Following your June 28 discussion of these issues, the Committee ofthe Whole referred this issue to the Planning Commission. Planning Commission Recommendation The proposed ordinance would: 1. Increase the maximum length. of cargo containers and shipping containers used as accessory structures within certain zones to 40 feet. 2. Clarify that the Hearing Examiner should hear appeals of decisions from the Director regarding the placement of cargo containers. UJVU JuuiiL(;~1lL~r Duui~v<tru,")UtL~ ttl vv WI UKWLLd., VVd.:i/WLgWIL YO 100 . ntulL~; L. UU-'+J l-JU/ U . rd.X; L- UU-</-J 1 -JUU:J Additional Infonnation At the June 28, 2004 meeting, council also asked staff to prepare a brief overview of existing cargo containers within the City.. . Attached to this memo you will find photos of cargo containers within the City that staff is aware of. Some of these cargo containers were not part of the City's original. inventory, conducted prior to adoption of Ordinance 1989. These containers may have been missed when staff conducted the inventory, but it is likely that these containers have been located in the City in violation of City Code. Planning Staff, Code Enforcement, and the City Attorney's Office is currently working to bring these cargo containers in line with City Code, which may involve ordering the property owners to remove the containers. RF A03-347 Location: Zoning: Date of Photo: Taken by: - 15603 42nd A'Venue. LDR. August 13" 2004 Brandon J. Miles, Assistant Planner -~ ~ -- .. - \ f?~~~~c~: ~'.~~<; ,;~.t.l..~~1 '.'.-.-.-_t'__._'-._~.'-_'.;"~_.-.t, L03':076 Location: Zoning: Date of Photo: Taken By: 4640 S. 144th Street (Showalter Middle School) LDR' August 13, 2004 Brandon J . Miles, Assistant Planner' RFA04-226 Location: Zoning: Date of Photo: Taken By: 13975 Interurban Avenue S RCM August 13, 2004 Brandon J. Miles, Assistant Planner RF A03-353 Location: Zoning: Date of Photo: Taken By: 17680 West Valley Hwy CILI August 13, 2004 Brandon J. Miles, Assistant Planner RFA04-227 Location: Zoning: Date of Photo: Taken By: 551-581 Strander Blvd TUC August 13, 2004 Brandon J. Miles, Assistant Planner RF A03-345 Location: Zoning: Date of Photo: Taken By: 13310 Interurban Avenue S CILI August 13, 2004 Brandon J. Miles, Assistant Planner NO PHOTO AT THIS TIME RF A03-344 Location: Zoning: Date of Photo Taken By: 1331956 AveS LDR . . >.- . City of 'Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1989 ~9, AS CODIFIED AT.. TUKWILA MUNICIPAL CODE (TMC) 8.50.060, INCREASING THE MAXIMUM PERMITTED' LENGTH OF CARGO CONTAINERS TO 40 FEET; AMENDING ORDINANCE NOS. 1768 ~2 (PART), 1796 ~3 (PART), 1847 ~2, .1857 ~7, AND 2005 ~20, AS CODIFIED AT TMC 18.104.010, ALLOWING THE HEARING EXAMINER TO HEAR APPEALS REGARDING PLACEMENT OF. CARGO CONTAINERS, CLASSIFIED AS A TYPE II DECISION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFELll vE DATE. WHEREAS, Tukwila's development regulations may be reviewed and updated as appropriate; and WHEREAS, in 2002 the. City of Tukwila adopted development regulations to regulate the use of cargo containers and shipping containers on residential and certain commercial properties;. and WHEREAS, the City established a maximum length restriction of 30 feet for cargo containers and shipping containers within residential zones and certain commercial zones; and WHEREAS, the City has found that cargo containers and shipping containers tend to be largely available in lengths of 40 feet; and WHEREAS, the City wishes to clarify which hearing body is responsible for hearing appeals on land use actions made by the Director of Community Development regarding the placement of cargo containers; and WHEREAS, appeals regarding decisions of placing cargo containers or shipping containers can appropriately be handled by the City's Hearing Examiner; and WHEREAS, the City of Tukwila Planning Commission has recommended the adoption of certain Zoning Code requirements; and WHEREAS, after proper notice, the Planning Commission held a public hearing on the proposed amendments on July 22~ 2004; and WHEREAS, the City Council, after having received and studied staff analysis and comments.from members of t.~e public, believes that certain amendments to the City~s development regulations are necessary; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING:!ON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1989 99~ as codified in TMC Chapter 18.50, "Supplemental Development Standards", is hereby amended to read as follows: Cargo 10/29104 Page 1 of 5 , .,'. 18.50.060 Cargo containers as accessory structures. A. Cargo containers are allowed outright in the LI, HI, MIC/L, MIC/H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in LDR, MDR, and HDR, for institutional uses and in RC, RCM, TUC and C/LI for. any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. 2, The container is located to mnUUllze the visual impact to. adjacent properties, parks, trails and rights-of-way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights-of-way, as d<:o::uJ.Lined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behLTld.. between Qf within bu.ildings. 4. . If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off-street parking spaces. 6. Cargo'containers shall meet all setback requirements for the zone. 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and/or materials at a construction site during construction that is authorized by a City building permit. Section 2. Ordinance Nos. 1768 ~2 (part), 1796 g3 (part), 1847 g2, 1857 g7, and 2005 620, as codified at TMC 18.104.010, "Permit Application Types and Procedures", are hereby amended to read as follows: 18.104.010 Oassificationof Project Permit Applications A. Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting andj or a public hearing is required before a decision is made, and whether administrative appeals are provided. B. Type 1 decisions are made by City administrators who have technical expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE OF PERMIT Building Permit Utility Permit TYPE 1 DECISIONS I DECISION MAKER I Building Official I Public Works Director Community Development Director Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission or denials of sign permits which are appealable Land Alteration Boundary Line Adjustment, includinR Lot Consolidation Minor Modification to PRD (TMC 18.46.130) Minor modification to BAR approved desiRll (TMC 18.60.030) Any land use permit or approval issued by the City,. unless specifically ca~gorized as a Type 2, 3, 4, or 5 . decision by this Chapter I Public Works Director Community Development Director Community Development Director Community Development Director As specified by Ordinance C. Type 2 decisions. are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the case of shoreline permits, an appeal to .the State Shorelines Hearings Board pursuant to RCW 90.58. . TYPE OF PERMIT Administrative Design Review (TMC 18.60.030) Administrative Planned Residential Development (TMC 17.08.040) Short Plat (TMC 17.08.060) Binding Site Improvement Plan (TMC Chap.17.16) Shoreline Substantial Development Permit (TMC Chapter 18.44) Decision regarding Sensitive Areas (except Reasonable Use Excepnon) (TMC 18.45.125) TYPE 2 DECISIONS INITIAL DECISION MAKER Community Development Director Short Plat Committee Short Plat Committee Short Plat Committee Community Development Director Community Development Director APPEAL BODY (open record appeal) Board of Architectural Review Hearing Examiner Hearing Examiner Hearing Examiner State Shoreline Hearings Board Planning Commission Special Permission Parl<ing, and Modifications to Certain Parking Standards (TMC 18.56.060 and .070) Parking standard for use not specified (TMC 18.56.100) Code Interpretation (TMC18.90.010) Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Sign Permit Denial (TMC Chapter 19.12) Sign Area Increase (TMC 19.32.140) Placement of Cargo Container (TMC 18.50.060) Community Development Director Community Development Director Community Development Director Community Development Director Community . Development Director Community Development Director Community Development Director City Council City Council Hearing Examiner Planning Commission Planning Commission Planning Commission Hearing Examiner D. Type 3 decisions are quasi~judicial decisions made by the Hearing Examiner following an open~ecord hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances that may be appealed to the State Shoreline Hearings Board pursuant toRCW 90.58. TYPE 3 DECISIONS I DECISION MAKER Hearing Examiner TYPE OF PERMIT Variance (zoning, shoreline, sidewalk, land alteration, si~) Resolve uncertain zone district boundary Hearing Examiner E. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4decisions may be appealed to the City Council, which will hold a closed record appeal hearing based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS INITIAL DECISION MAKER TYPE OF PERMIT Shoreline Conditional Planning Commission Use Permit (TMC 18.44.050) Reasonable Use Planning Commission Exceptlons under Sensitive Areas Ordinance (TMC 18.45.115) Cargo 10/28/04 Page 4 of 5 APPEAL BODY (closed record appeal) State Shorelines Hearings Board City Council . Puplic HearingDesign Review (TMCChapter 18.60, 18.56.040 and Shoreline Master Program) Modifications to Certain Parking Standards (TMCChapter 18.56.) Conditional Use Permit (TMC Chapter 18.64) Unique Signs (TMC 19.28.010) Boardof Architectural Review City Council Planning Commission City Council PlannL11.g Commission I City Council Planning Commission City Council F. Type 5 decisions are quasi-judicial decisions made by the City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS I DECISION MAKER City Council I TYPE OF PERMIT Subdivision - Preliminary Plat (TMC 17.12.020) Subdivision - Final Plat (TMC 17.12.030) Planned Residential Development (PRD), includihg Major Modifications (TMCChapter 18.46) Unclassified Use (TMC Chapter 18.66) I Rezone (TMC Chapter 18.84) Shoreline Environment Redesignation (Shoreline Master Program) City Council City Council City Council I City Council City Council 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. 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ata Regular Meeting thereof this day of . 2004. AITEST/ AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Cargo 10/28/04 Page 50f5 Minutes, 6/28/04 . Page 3 of9 (. ~ 4) Establishim! certain fire protection standards for the construction of high-rise buildings within the City Finally, Captain Tomaso noted changes to this proposed ordinance and stated they are no more stringent and no more lax than the former (current) ordinance. Calling it mostly housekeeping, he said the proposed ordinance just re..;organizes that which is currently written. . Consensus existed to move item 4 to thisevcning's special meeting agenda. b. Authorize City to continue serving as fiscal agent for the Valley Narcotics Enforcement Team (VNET) forthe period 07-01-04 to 06-30-05 Alan Doerschel, Finance Director, reported the City has budgeted for a full year on this item. The City of Auburn will handle the task beginning July 1,2005. Therefore, when preparing next year's budget, Mr. Doerschel noted only'i1 of the income amount will be reflected. Calling VNET a "very successful operation," Mr. Doerschel reported most of the money accrued to the seizure fund comes from this program. Consensus existed to move the item to this evening's special meeting agenda. ~ . .c. Modify the length re~tricti<)n <)fl cargo containers that are used as accessory structures in certain zoning districts and clarify anpeal rights inregard to cargo container nermit applications . . - - - "0 _ Pam Linder reported an update on this issue at a March Community Affairs and Parks Committee meeting. It was in 2002 thatthe.City Council approved an ordinance regulating the use of cargo containers within City limits. That ordinance allowed for a one-year grace period for existing containers to be grandfathered if they met certain . location and screen requirements. The regulations allowed the existi~gcontainers in zones where they would not normally be permitted, if an application was submitted by the owneronlby April 15, 2003. Additionally, containers in excess of the allowed 30-foot limit were to be grandfathered if they niet all other development standards and applied for permits. After City staff sent out second notices of violation to property owners, an inventory of the remaining sites was taken. To date, there are five sites on the inyentory where non-permitted cargo containers exist and staff has had no contact with the tenants (renters or property owners). After receiving a list of "Permits applied for.butnot issued," and "No Response From Two Notices," Ms. Linder has driven to each site to personally view the properties. She is not opposed to their remaining on site so long as conditions of the ordinance are met (proper screen and a permit). At issue now is how to bestpro~eed with regard to those from both (above-referenced) lists. Steve Lancaster, Director of Community Development, reported most property owners who had cargo containers have complied with the new regulation by submitting permit applications or removing their containers. While enforcing the new regulations, City staff has discovered others are still non- conforming (over 30 feet). Many of those meetIocation and screening requirements, yet no applications have been submitted allowing them to remain. Thus, the issue at hand. After presenting several options to Council on how best to handle the situation, discussion was held. Issues.ofpermitting and the idea of reviewing the length requirements once more were raised. The Planning Commission could review the matter to determine whether or not it's in the best interests of the City to increase the maximum allowable length. . . .httD:! /www.ci.tukwila.wa~tls/clerk/docs04/cow6-28.htm 10/27/2004 Minutes, 6/28/04 .. Page 4 of9 Additionally, Mr. Lancaster noted the need to clarify the appeals process in a newly proposed ordinance for respondents to Notices of Violations. The Hearing Examiner is the most suitable person to hear such appeals. Councilmembers asked staff to prepare and submit a list of those property owners who are in violation in approximately two weeks. Mr. Lancaster agreed to the request. Additionally, 'the Director of Community Development noted a reminder may be in order in the next edition of The Hazelnut. Consensus existed to remand the matter to the Planning Commission for a public hearing and to consider increasing the maximum length of cargo containers to 40 feet. d. A contract with Freedman Tung & Bottomlev for services related to the Tukwila Urban Center Pam Linder noted review of this item at the June 15 Community Affairs and Parks Committee meeting. The proposed contract (distributed by Lynn Miranda, Senior Planner, Department of Community Development) allows for additional land use and urban design services (related to the Tukwila Urban Center [TUe] and Transit-Oriented Development [TOD] area) not included in a previous contract with Freedman Tung and Bottomley. The fund source. for the contract is the Tukwila Urban Center federal grant. Lynn Miranda addressed the Council and informed them the contract scope remains the same as in the past, yet includes a new expiration date of June 30,2005. The new contract also provides for additional work sessions with the Council and Planning Commission to review the TUC and TOD draft plans. Councilmember Carter reported no trouble with the proposed contract as it is entirely paid for with grant funds. Said grant has already been received by the City ofTukwila. Cons~nsus existed to move this item to this. evening's special meeting agenda. e. An amendment to Contract 04-015 with Martin Durkan. extending the contract through 12-31-04 CouncilmemberFenton reported review and approval of this item at the June 21, 2004 Finance and Safety Committee meeting. To be paidfor from the general fund/professional services, the six-month cost impact is "up to $27,000.00" ($4,000.00 per month, plus a maximum of $500.00 per month in expenses). Rhonda Berry, City Administrator, explained Mr. Durkan has been able to do what was anticipated and expects to be able to complete the projects by year's end. For those reasons, City administration seeks just a six-month extension to allow the contractor time to secure financial support for critical City projects. Top priority is to seekState funding for the TUC and TOD projects. Consensus existed to move this item to this evening's special meeting agenda. f A Dfofessional services contractwith Ball Janik LLP. in the amount of$9.500 Der month. for federal reDresentation and lobbvine services related to securine federal authorization and aDDrolJriation for kev protects identified bv the Citv ofTukwila Councilmember Fenton reported review and approval of this item at the June 21, 2004 Finance and Safety Committee meeting. Reflected in the contractisa $1,000.00 per month increase. Since performing services without an actual contract between January 2004 and this date, the rate is retroactive http://w.ww.ci.tll).{wila.\Va~t1s/clyrk/docs04/cow6-28.htm 10/27/2004 Page 4 Planning Commission Minutes August 26,2004 PLANNING COMMISSION PUBLIC HEARING - 7:05 P.M. 7(/ Va. LOCATION: L04~041 City Staff . Revisions to 18.50.060 (C) (1), changing the length restriction of cargo containers being used as accessory structures in the LDR, MDR, HDR, RC, RCM, TUC, and C/Llfrom 30 feet to 40 feet. Clarifying the appeal rights for submitted applications. City Wide CASE NUMBER: APPLICANT: REQUEST: Brandon Miles gave the presentation for staff~ In April 2002 City Council adopted ordinance 19.89, which regulated the use of cargo containers in every zone except the low industrial zones. The applicant met all requirements, except a maximum length 30 ft. restriction. Staff detennined that the 30 ft. restriction could not be met, because there are pre-existing cargo containers that are 40 ft.. The proposed project went before Community Parks and Affairs and Committee of the Whole. Their recommendation was to forward it to the Planning Cuuuuission for consideration to increase the length restriction to 40 feet. When the original order was passed there was no appeal provisions regarding who would hear the appeal if an application were denied or a condition were appealed. To clarify the appeal process staff is adding verbiage, which states that the hearing examiner shall hear all appeals. Staff asks that the Planning Commission make a recommendation to the City Council that the ordinance be approved. Brandon and Steve answered questions for the Commissioners There were no further comments. The Public Hearing was closed. The Commission deliberated. BILL ARJ.nUR MADE AMOTION TO APPROVE THE DRAFT ORDINANCE PRESENTED BY STAFF FOR CASE NUMBER L04-041.KIRSTINE WHISLER SECONDED ItlE MOTION, ALL VOTED IN FAVOR. Chair Malina announced that Commissioner Whisler sent the Mayor a letter resigning from the Planning Commission, effective 7-22-04. Commissioner Whisler said she enjoyed working with everyone and complimented her fellow Commissioners, and stated she has learned a lot. She thanked Steve and his staff for their support. MEETING ADJOURNED AT 7:20 PM Submitted by:Wynetta Bivens Administrative Secretary Page 4 Planning Commission Minutes August 26, 2004 PLANNING COMMISSION PUBLIC HEARING - 7:05 P.M. ~/vn. LOCATION: L04-041 City Staff Revisions to 18.50.060 (C) (I), changing the length restriction of cargo containers being used as accessory structures in the LDR, MDR, HDR, RC, RCM, TUC, and CILI from 30 feet to 40 feet. Clarifying the appeal rights for submitted applications. City Wide CASE NUMBER: APPLICANT: REQUEST: Brandon Miles gave the presentation for staff. In April 2002 City Council adopted ordinance 19.89, which regulated the use of cargo containers in every zone except the low industrial zones. The applicant met all requirements, except a maximum length 30 ft. restriction. Staff detennined that the 30 ft. restriction could not be met, because there are pre-existing cargo containers that are 40 ft.. The proposed project went before Community Parks and Affairs and Committee of the Whole. Their recommendation was to forward it to the Planning Commission for consideration to increase the length restriction to 40 feet. When the original order was passed there was no appeal provisions regarding who would hear the appeal if an application were denied ora condition were appealed. To clarify the appeal process staff is adding verbiage, which states that the hearing examiner shall hear all appeals. Staff asks that the Planning Commission make a recommendation to the City Council that the ordinance be approved. Brandon and Steve answered questions for the Cuuuuissioners There were no further comments. The Public Hearing was closed. The Commission deliberated. BILL ARnllJR MADE A MOTION TO APPROVE TtlE DRAFT ORDINANCE PRESENTED BY STAFF FOR CASE NUMBER L04-041. KIRSTINE WHISLER SECONDED TtlE MOTION, ALL VOTED IN FAVOR. Chair Malina announced that Commissioner Whisler sent the Mayor a letter resigning from the Planning Commission, effective 7 -22-04. Commissioner Whisler said she enjoyed working with everyone and complimented her fellow Commissioners,. and stated she has learned a lot. She thanked Steve and his staff for their support. MEETING ADJOURNED AT 7:20 PM Submitted by:Wynetta Bivens Administrative Secretary COUNCIL AGENDA SYNOPSIS s Initials ITEM No. Meeting Date 1 Prepared by Mayor's wziew 1 Coitnal mum Ni' i 10/25/04 1 dh I���" I tJi/h -/-J p 11/01/04 1bb for dh 1 1c /2,4,11 1 .M._ 1 Q.. 6. 1 1- 1 1 ITEM INFORMATION CAS NUMBER: 04-143 I ORIGINAL AGENDA DATE: 10/ 25/04 AGENDA ITEM TITLE Public defender contract renewal and payment increase CATEGORY El Disarssion Motion Resolution Ordinance Bid A yard PublicHG,4.,wa Other MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate 10 /25/04 SPONSOR Council Map. A dmSvs El DCD Finance Fire Legal P& R Police PW SPONSOR'S *COURT SUMMARY Renew Kirshenbaum Goss /Public Defender Services contract for 3 years: 1 -1 -2005 to 12 -31 -2008 Increase monthly payment to $9,000.00 per mo ($500.00 per month increase) REVIEWED BY COW Mtg. (10 -25) CA&P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/18/2004 RECOMMENDATIONS: SPONSOR/ADM[N. Recommend 3 yr contract renewal and payment increase to $9000 mo COMMrITEE send to. COW for consideration COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $108,000.00 $108,000.00 $108,000.00 Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/25/04 Item reveiwed. Consensus existed to forward item to the November 1 Regular Mtg. MTG. DATE ATTACHMENTS 10/25/04 MEMORANDUM FROM JUDGE WALDEN DATED OCTOBER 10 -18 -04 11/01/04 None. Refer to packet of 10- 25 -04. COUNCIL AGENDA SYNOPSIS O f t A HZ S Initials ITEM ND. Q ;AO 1 E Meeting Date Prepared by 1 Mayor's review 1 Cowl/ review, 11 -1 -04 1 1 1 rgQa 1 I 1 1 1 0 1 1 ITEM INFORMATION CAS NUMBER: Ref 04-145 I ORIGINAL AGENDA DATE: 10/25/04 AGENDA ITEM TITLE Ordinance Amending Chapter 8.45 Enforcement of the TMC to Implement Provisions of RCW 35.80. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date 11/1/04 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PTV SPONSOR'S The Proposed Ordinance establishes a process for attaching tax liens and recovering its SUMMARY costs to recoup abatement costs in a more timely manner. It was reviewed by the Community and Parks Committee on October 12, 2004. The Committee recommended that it be sent to COW for approval. The Committee of the Whole reviewed the Ordinance on October 25, 2004 and recommended it be set for the regular meeting on November 1, 2004. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/25/04 (COW); 10/12/04 (CA &P) RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of Ordinance amending Chapter 8.45 of the TMC COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- -0- -0- Fund Source: Comments: ,.z.;< Hm is RE 't✓G RID OF' .aOUvDI 10/25/04 I Discussed at COW; consensus existed to forward to Regular mtg. for action. MTG.SDATE �a iNs g s �..,:,a _..._ATTACHMENTS 11/1/04 Memo, Proposed Ordinance, excerpt from Minutes of COW October 25, 2004 INFORMATION MEMO To: From: Date: Subject: Project No. City Council Shelley Kerslake October 27, 2004 Code Enforcement Lien Ordinance ISSUE The Department of CommunityDevelopment requests an amendment to Chapter 8.45 of the TMC and adoption of RCW 35 .80 allowing the City to recoup abatements costs by filing tax liens. BACKGROUND The Tukwila City Council adopted the International Property Maintenance Code in July, 2004. The new code replaced most ofTMC Chapter 8.28 ''Nuisances'' and Chapter 16.06 "buildings and Construction: HOllsing Code oftheTMC. In the past, the City could only recoup its abatement costs by filing a lien against the subject property. Costs would then be recovered when the property sold, which could take 20 years or longer. If adopted, the City would be ab1eto file a tax lien under RCW 35.80 and recoup clean- up costs in a timely manner. DISCUSSION/ ANALYSIS/AL TERNATIVES The City can continue its present policy of filing property liens and recouping costs at the time the property is sold or refinance, a procedure which can take as long as 20 years to complete. By adopting the proposed ordinance the City\vould be able to recoup its costs in as little as three years by filing a tax lien instead. RECOMMENDATION Adoption ofthe Code Enforcement Tax Lien Ordinance. Attachments: Proposed. Ordinance Minutes from October 12, 2004 Community and Parks Committee Excerpt from Minutes from October 25,2004 COW Aso@ C ity of Tukw Washington =I Ordinance No AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, ;43:'• WASHINGTON, IMPLEMENTING THE PROVISIONS OF RCW CHAPTER 35.80, WHICH ENABLE THE CITY TO ORDER THE REPAIR OR DEMOLITION OF DANGEROUS OR SUBSTANDARD f STRUCTURES, AND ASSESS THE COST OF ANY ACTION TAKEN :V. AGAINST THE SUBJECT PROPERTY AS A TAX LIEN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 1 WHEREAS, the City Council has adopted various codes relating to dangerous and substandard buildings and structures, including the 2003 edition of the International 7 Property Maintenance Code; and A f WHEREAS, Chapter 8.45 of the Tukwila Municipal Code sets forth the enforcement mechanisms available to the City to protect the public from such buildings and structures; and WHEREAS, RCW Chapter 35.80 authorizes the City to adopt an additional enforcement mechanism under which the City may order the repair or demolition of i buildings and structures that are unfit for human habitation and use; and :f WHEREAS, if the responsible parties do not comply with the City's order, RCW Chap 35.80 also authorizes the City to undertake the demolition or repair of buildings a ..:::5;10: and structures and to place the cost of the remediation on the tax roles as assessment against the property; and fry f. f. -f WHEREAS, the City Council finds that the costs of repairing or demolishing an k unfit building or structure should be borne by the owner of that building or structure, rather than the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 8.45 Amended. Chapter 8.45, Enforcement, of the Tukwila Municipal Code, is hereby amended by the addition of the following sections: 8.45.110. Additional Enforcement Mechanism. In addition to, and in combination with, the enforcement methods set forth in TMC Chapter 8.45 and elsewhere in the Tukwila Municipal Code, violations of the Tukwila Municipal Code may be enforced under the following provisions. 8.45.120. RCW Chapter 35.80 Adopted. RCW Chapter 35.80, Unfit Dwellings, Buildin and Structures, as it currently exists or is hereinafter amended, is hereby adopted. 8.45.130. Improvement Officer and Appeals Commission Designated. The :.::„'::.w, Code Enforcement Officer, and the Code Enforcement Officer's designee, is designated as the City's "Improvement Officer,' and shall have the full scope of authority granted to that official under RCW Chapter 35.80. The City of Tukwila Hearing Examiner is designated as the City's "Appeals Commission," and shall have the full scope of authority granted to that commission under RCW Chapter 35.80. Tax Liens and Abatement Costs 10/29/04 Page 1 of 3 8.45.140. Improvement Officer Authority Issuance of Complaint. If, after a preliminary investigation of any dwelling, building, structure, or premises, the Improvement Officer finds that it is unfit for human habitation or other use, the Improvement Officer may issue a complaint conforming to the provisions of RCW 35.80.030, stating in what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the Improvement Officer shall be guided by the Tukwila Municipal Code and such other codes adopted pursuant to the Tukwila Municipal Code as the Improvement Officer deems applicable, in particular the most recent edition of the International Property Maintenance Code. 8.45.150. Service of Complaint. A complaint issued under TMC Chapter 8.45 shall be served on the parties and posted on the subject property pursuant to RCW 35.80.030, and shall also be filed with the King County Auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purposes of service, such complaints or other documents are deemed effective on the day of posting. 8.45.160. Complaint Hearing. Not less than ten days nor more than 30 days after serving a complaint, the Improvement Officer shall hold a hearing s conforming to the provisions of RCW 35.80.030, at which all parties in interest shall be given the right to appear in person, to bring witnesses, and to give `j'::f5;; testimony regarding the complaint. At any time prior to or at the time of the -r. hearing, any party may file an answer to the complaint. The Improvement Officer shall adopt procedural rules governing the procedure of such hearing, `'a- which shall be available for public inspection at the Tukwila Department of ::•3;:: Community Development. -s% 8.45.170. Determination, Findings of Fact, and Order. Within ten days of the complaint hearing, the Im rovement Officer shall issue a Determination, Findings of Fact, and Order stating the Improvement Officer's determination as to whether the subject dwelling, building, structure or premises is unfit for human habitation or other use, the findings of fact supporting the determination, and an order specifying the actions necessary to address any unfitness and a deadline for completing the actions. The Determination, Findings of Fact, and Order shall be served and posted as set forth in TMC i.' 8.45.150, and if no appeal is filed within the deadline specified in TMC 7 8.45.180, a copy of the Determination, Findings of Fact, and Order shall be filed with the King County Auditor. 8.45.180. Appeal to Appeals Commission. Within 30 days of service of a Determination, Findings of Fact, and Order, any party may file an appeal to the Appeals Commission. Such an appeal shall be governed by the City of Tukwila Hearing Examiner's procedural rules, except that the Appeals Commission shall conduct a hearing on the appeal and issue a ruling within 60 days from the date the appeal is filed; and if the Appeals Commission issues any oral findings of fact, the ruling shall contain a transcript of such findings in addition to any findings issued at the time of the ruling. The ruling shall be served and posted as set forth in TMC 8.45.150, and if no appeal is filed within the deadline specified in TMC 8.45.190, a copy of the ruling shall be filed with :::f.:: the King County Auditor. 8.45.190. Appeal to Superior Court. Any person affected by a Determination, Findings of Fact, and Order issued by the Improvement Officer, who has brought an appeal before the Appeals Commission pursuant to TMC 8.45.180 may, within 30 days after the Appeals Commission's ruling has been served and posted pursuant to TMC 8.45.150, petition the King County Superior Court for an injunction restraining the Improvement Officer from carrying out the provisions of the Determination, Findings of Fact, and Order. In all such proceedings, the Court is authorized to affirm, reverse or modify the order, and such trial shall be heard de novo. Tax Liens and Abatement Costs 10/29/04 Page 2 of 3 8.45.200. Remediation/Penalties. If a party, following exhaustion of the party's rights to appeal, fails to comply with the Determination, Findings of Fact, and Order, the Officer may direct or cause the subject dwelling, building, structure or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished pursuant to RCW Chapter 35.80. 8.45.210. Tax Lien. The cost of any action taken by the Improvement Officer under TMC 8.45.200 shall be assessed against the subject property pursuant to RCW Chapter 35.80. Upon certification by the City of Tukwila Finance Director that the assessment amount is due and owing, the King County Treasurer shall enter the amount of such assessment upon the tax rolls against the subject property pursuant to the provisions of RCW 35.80.030. 8.45.220. Salvage. Materials from any dwelling, building, structure, or premises removed or demolished by the Improvement Officer shall, if possible, be salvage and sold as if the materials were surplus property of the City of Tukwila, and the funds received from the sale shall be credited against the cost s of the removal or demolition; and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Improvement Officer, after deducting the costs incident thereto. 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 CrrY 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. ;y;: Office of the City Attorney Ordinance Number. Tax Liens and Abatement Costs 10/29/04 Page 3 of 3 EXCERPT FROM MINUTES OF OCTOBER 25, 2004 COW MEETING c. An ordinance establishino a orocess forattachino tax liens and recoverino costs to recouo abatement costs. AN ORDINANCE OF THE CITY COUNCIL OF THE em OF TUKWILA, WASHINGTON, AMENDING CHAPTER 8.45, ENFORCEMENT, OF THE TUKWILA MUNICIPAL CODE, TO IMPLEMENT THE PROVISIONS OF RCW CHAPTER 35.80 Councilmember Linder reported consideration and approval of this item at their October 12 Community Affairs and Parks Committee meeting. Atissueis whether or riotthe Council should adopt an ordinance which would allow the City to recoup abatement costs by filing tax liens with King County, on buildings which impact public safety. Steve King, municipal attorney with Kenyon-Disend, reported the proposed ordinance gives the City an additional enforcement mechanism. The proposed ordinance adopts RCW 35.80 by reference and allowsfor the attachment of tax liens and recovery of costs in a timely manner. More limited than other Code Enforcement mechanisms, this ordinance. may only be applied to structures that are. unfit for human habitation or use. The tool may not be used where need exists for improved aesthetics or for those violations which not impact safety and welfare. Mr. King relayed the legal process associated, including the filing of an appeal with King County Superior Court, after exhausting administrative remedies at the City level. He also addressed the affect of a tax lien on a property being filed and automatically considered a "delinquent tax." A delinquent tax after three years can trigger King County to "force a sale" of the property. Mr. King hoted Tukwila is the first jurisdiction (of which he is aware) to adopt this section of the RCW by reference. Calling the provision "under-utilized," Mr. King said the provision has rarely been used and no case law exists with respect its use. For consideration, consensus existed to forward the proposed ordinance to the November 1 Regular meeting. `.pilLA, w COUNCIL AGENDA SYNOPSIS '4 Initials ITEM NO. O i�Zs 0, k„•�,fi�' Meeting Date 1 Prepared by 1 iVIa yor's review I Council review Q t +V/ r 10/25/04 1 sl I I t e 11/01/04 I sl j 1 �4.a�Pr Imo //n 11 1 ITEM INFORMATION (f CAS NUMBER: Ref 04-146 I ORIGINAL AGENDA DATE: 10/25/04 AGENDA ITEM TITLE Tukwila South Annexation Resolution CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 11/01/04 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S King County has indicated it will support annexation of the Segale property if the City SUMMARY commits to annexing the entire south potential annexation. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/12/04; 10/25/04 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt resolution COMMITTEE Adopt resolution COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED so so so Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/25/04 Reviewed by COW; forwarded to Council MTG. DATE ATTACHMENTS 10/25/04 Memo from Steve Lancaster datedOctober 20, 2004 Draft resolution Map showing annexation area and remainder Minutes, CAP meeting 10/12/04 11/01/04 Final resolution (revised, with exhibits) Notice of Intention to Commence Annexation Map showing annexation area and remainder (revised) City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF 1 tit CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FORA CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUc:H ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, . the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in full; and WHEREAS, the City Council intends to authorize the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential Atmexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King COlmty's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Atmexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if setforth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the. La Pianta. annexation area; NOW, .. THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, W ASHINCTON, HEREBY RESOLVES AS FOLLOWS: . Section 1.. Withinthtee weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations . pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis.. Within six weeks of approval of said negotiatedinterlocal agreement by the City and King County, the City will adopt an ordinance providing for the armexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2004. ATTEST/ AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Jim Haggerton, Council President Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: "EXHIBIT A" (toresolutioncommitting to initiate an annexation process...) THAT PORTION OFUNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OFUNINCORPORA TED KING COUNTY, WASHINGTON: BOUNDED.. ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA,IN THE IMMEDIATE VICINITY OF THE SOUTH 188TH STREET INTER-CHANGE; BOUNDED ON THE EAST BY THE WEST MARGIN OF ORILLlA ROAD SOUTH; BOUNDED ON THE SOUTH BY THE CENTERLINE OFSOUTH204THSTREET, EXTENDEDWESTERL Y TO ITS POINT OF INTERSECTION WITH THE EXISTING EASTERLY CITY LIMITS OF THE CITY OFSEATAC; AND BOUNDED ON THE . WEST BY THE EXISTING EASTERLY . CITY LIMITS OF THE CITY OF SEATAC." "EXHIBIT B" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY lYING SOUTH OF THE CITY OFTUKWllADESCRIBED AS FOllOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ... ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA ... RUNNING EASTERLY FROM THE VICINITY OF THE SOUTH 188TH STREET INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; BOUNDED ON THE EAST BY THE GREEN RIVER; BOUNDED ON THE SOUTH BY THE NORTH MARGIN OF SOUTH204TH STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLlA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLlA ROAD SOUTH WITH .. THE CITY LIMITS OF THE CITY OF TUKWILA IN THE VICINITY OF THE SOUTH 188TH STREET INTERCHANGE." / LA PlANT A LLC 5811 Segale Park Drive C Tukwila, Washington 98188 P.O. Box 88028 Tukwila, Washington 98138-2028 Telephone: (206) 575-2000 Facsimile: (206) 575-1837 ANNEXATION PETITION The undersigned property owner hereby notifies the City of Tukwila of the property owner's intent. to... commence annexation proceedings pursuant to RCW 35A.14.120. The proposed annexation territory is solely owned by the undersigned and a map and legal description is attached to this petition. . As the undersigned is the property owner of the majority of the proposed annexation area, the 10% requirement of RCW 35A.14.120 is hereby met. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. JRL:n/ni PROPERTY OWNER: LAPlANT A LLC, a Washington limited liability company By Metro Land Development, Inc., aB:~Wn7i};1o;;;;:g~ Mark A; Segate, ~ice:president \ C:\Documents andSettings\ECampbell\LocaI Settings\Temporary Internet Files\OLK3\ANNEXA TION PETITION (IO%).doc "." Segale Annexation Vicinity Map J ILA, 47 Go UNCIL AGENDA SYNOPSIS <L �yS Initials ITEM NO. i 1 1, t Meeting Date 1 Prepared 1 Mayor's review C�icil review +ui j o 10.25.04 1 SL X 11/01/04 I I ✓4-a-� I tm L A x908 ITEM INFORMATION CAS NUMBER: 04-147 I ORIGINAL AGENDA DATE: October 25, 2004 AGENDA ITEM TITLE Proposed contract supplement with ECONorthwest for services related to the TUC plan CATEGORY X Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10.25.04 Mtg Date Mtg Date Mtg Date Mtg Date MYltg Date Mtg Date SPONSOR Council OM ayor Adm Svcs X DCD Finance Fire Legal P&R Police PW SPONSOR'S This contract supplements ECOs previous work on the TUC Plan, providing more detailed analysis on: 1) at SUMMARY a policy level, potential financial strategy packages; and 2) the extent to which City investments could pay for themselves. ECO will also summarize previous reports for the Final TUC plan. The $26,000 contract will be 100% funded by the City's federal grant for TUC /TOD planning. REVIEWED BY Ef COW Mtg. (10 -25)X CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10.12.04 RECOMMENDATIONS: SPONSOR /ADMIN. Recommend approval of contract supplement. CoMMII [EE Forward to Committee of the Whole for discussion. 1COST IMPACT FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $26,000 $26,000 Fund Source: Federal grant for preparing the TUC /TOD plan. Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 10 -25 -04 (Presented to COW for discussion. Consensus existed to forward item to INovember 1 Regular meeting. MTG. DATE ATTACHMENTS 10.25.04 I Staff memo to COW RE: Proposed contract supplement with ECONorthwest Proposed ECONorthwest Contract Supplement Staff Memo to CAP RE: Proposed contract supplement with ECONorthwest Copy of minutes of CAP meeting, October 12, 2004 1 11/01/04 'None. See packet from 10- 25 -04. C L) UNCIL AGENDA SYNOPSIS ITEM NO. ir 1 Meeti, Date 1 Prepared by 1 Mayor's review 1 Co jjcil review 1 e, 10/25/04 1 LL 1 1 `.l<. f 1 11/01/04 I bb for LL 1 s -/ti t a rsos I 1 E ITEM INFORMATION CAS NUMBER: 04-148 I ORIGINAL AGENDA DATE: 10/25/04 AGENDA ITEM TITLE Interlocal Agreement for Library Services CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/25/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 10/25/04 SPONSOR Council z Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV SPONSOR'S King County Library District staff are interested in a new interlocal before they start SUMMARY putting in improvements into the Tukwila Library on the North Hill. Approval of the interlocal will show the District the City is interested in working with the District. REVIEWED BY 11 COW Mtg.(10 -25) CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm.. Parks Comm. Planning Comm. DATE: October 12, 2004 RECOMMENDATIONS: SPONSOR /ADMIN. Discuss the interlocal agreement; recommend it for approval COMMITIEE Community and Parks sent it to the COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 10/25/04 Discussion held. Consensus existed to recommend approval of the Interlocal Agreement proposed by King County Library Services. MTG. DATE ATTACHMENTS 10/25/04 Memo from L. Lauterbach dated October 20, 2004 Draft Interlocal Agreement 10/25/04 None. Refer to packet of 10/25/04. COUNCIL AGENDA SYNOPSIS Jam,. w off Z!, Initialr ITEM NO. Q; 141, 11, lo Meeting Date I Prepared by Mayor's review I Council review 09/20/04 1 tb 10/04/04 SL I 1 10/25/04 1 SL 11/01/04 1 SL I l .J 1 ITEM INFORMATION CAS NUMBER: Ref 04-130 'ORIGINAL AGENDA DATE: 9-20-04 AGENDA ITEM TITLE Proposed Amendments to Natural Environment Chapter of Tukwila Comprehensive Plan and revisions to Sensitive Areas Ordinance, Zoning Code Defintions and Supplemental Development Conditions Chapters of the Zoning Code. CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council El Mayor Adm Svcs DCD Finance Fire Legal P&R Police El PWI SPONSOR'S Confirm revisions made to Natural Environment Chapter of Tukwila Comprehensive Plan SUMMARY and continue review of Planning Commission recommended Sensitive Areas Ordinance and time permitting, begin review of proposed revisions to the Definitions Chapter of the Zoning Code (TMC 18.06) and TMC 18.50.110, Supplemental Development Standards. REVIEWED BY COW Mtg. El CA &P Cmte F &S Cmte El Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 4 /29/04;5/13/04;5 /20/04;6/10/04; 6/24/04; 7/22/04; 9/16/04 RECOMMENDATIONS: SPONSOR /ADMIN. COMMIt 1EE planning Commission COST.IIVMPACT. FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED N/A N/A N/A Fund Source: Comments: co OF COUN ACTION 9 -20 -04 1 Briefing on Natural Environment Chapter and Sensitive Areas Ordinance revisions 10 -04 -04 1 Public Hearing on 2004 Amdts to Tukwila Comp Plan and regulations 10 -25 -04 1 Begin deliberations on Natural Environment Chapter and regulations MTG' DATE ATTACHMENTS 11 -01 -04 Memo *Please bring notebook labeled "Natural Environment Sensitive Areas Ordinance." Citjl oj Tukvvila Steven M. Mullet, Mayor Department of Community Development INFORMATION MEMO Steve Lancaster, Director To: From: Date: Subject: Mayor Mullet, Members.ofthe City Council V ;v.../ Steve Lancaster, Director, Department of, Community Development/\..#' October 27, 2004 .-----> Confirm Council Revisions to Natural Environment Chapter and Continue Review of Sensitive Areas Ordinance ISSUE The City is required by the Growth Management Act to adopt a Comprehensive Plan and regulations that incorporate Best Available Science. BACKGROUND The Council reviewed proposed amendments to the Natural Environment Chapter of the City's Comprehensive Plan at its meeting on October 25,2004 and began its review ofthe proposed revisions to the City's regulations to incorporate BAS starting with the Sensitive Areas Ordinance. DISCUSSION Staff received direction from the Council at its meeting on October 25,2004 on revisions to the Natural Environment Chapter. The revisions to the Natural Environment Chapter have been placed in the Council mail boxes Jor your review. The Council also began. its review of the Planning Commission recommendedSAo and provided staff with direction on revisions and identified issues to be discussed further on the Sensitive Areas Ordinance. RECOMMENDATION Staffhas the following recommendations: I. Please review the revised. Comprehensive Plan chapters in your mail box to ensure that they.reflect the changes Council requested. Please be prepared to direct staff on any revisions that staff overlooked. 2. Continue review of the Planning Commission recommended Sensitive Areas Ordinance and identify any additional issues on which the Council wants further briefing. Any new issues will be combined with those identified on 10/25/04 and addressed in one briefing. 3. Consider setting up a stand alone meeting at which the Council would be presented with information on the issues identified during review of the SAo. OJUU :>oucnce~rerJjoUlevara,:>Ulle#luu. lUKWii;;., Wasnzngwn 'Itilljl:J · rnone: ~uo"4ji-jo/u . Fax: ~UO-4.jl-.jOO:> COUNCIL A GENDA SYNOPSIS of J� ti Initials ITEM NO. Q; 4,s kt�� O i ?Yleetin� Date Prepared by I Mayor's review I Council review 0- 0R- I 10/25/04 I LL I itAir• I 1 iM I 11/01/04 1 bb for LL 1 �4_e L i- k l-/ r9o 1 g I I 1 ITEM INFORMATION CAS NUMBER: 04-149 !ORIGINAL AGENDA DATE: 10/25/04 AGENDA ITEM TITLE Review of 2005 Budget and 2005-2010 CIP CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/25/04 Mtg Date Mtg Date Mtg Date Mtg Date Mg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PW SPONSOR'S SUMMARY Review of proposed budget and /or CIP (refer attached memo for specific items to be reviewed this week). REVIEWED BY a COW Mtg. (10 -25) CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Review budgets COMMITTEE Two committees have started their budget reviews COST IMPACT i FUND. SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 10/25/04 Discussion held. Council consensus existed to forward the item to the Nov. 1 Regular meeting for additional discussion, edits, etc. MTG. DATE ATTACHMENTS 10/25/04 Memo from Lucy Lauterbach dated October 20, 2004 Minutes from Finance and Safety Committee (10- 18 -04) Minutes from Utilities Committee (10- 19 -04) 11/01/04 Memorandum to Council from Lauterbach /Doerschel dated November 1, 2004. To: City Council From: Lucy Lauterbach Alan Doerschel Date: November!, 2004 Subject: 2005 Bud1!et Review Alan prefers that the entire.CIP hereviewed, and since committees won't be finished reviewing their CIPs for two weeks, we'll work on budgets that have been reviewed. You can get as far as you like on the following budgets. We currently plan to have two extra Tuesday budget meetings. They were planned forNovember 9th and 16th, but as there is an open house on Cascade Vievvdrainage November 9th we will try to reschedule that meeting. Can you meet at 5:000n Wednesday, November loth? Tonight's review will only involve one department (Police). Alan wanted to prevent people staying until late whic~is when the budget review is generally done. November .1 Police Department pp.81-96 Revenues pp. 1-'-21 City Council pp.26-27 Mayor pp.29-32 Sister City Committee p.33 p.37 Equity and Diversity Finance Department pp. 53-54 Dept. 20 Fund Balances p.134 Contingency Fund p. 143 Debt Service Funds pp.146-149 COUNCIL AGENDA SYNOPSIS q r 't ti 5 Initials ITEM NO. 1 p! \Z.' 11 f ,�1) `�f�' )921 Meeting Date 1 Prepared by Mayor's,review I Council review 1 .,t ,'t 11/01/04 I ARD .i, J i /7 1 790 0 1 1 1 1 8 1 1 1 1 1 i ITEM': INF.ORMATION I CAS NUMBER: 04-152 I ORIGINAL AGENDA DATE: 11/1/04 AGENDA PVEM TITLE Resolution ordering cancellation of Past Due Accounts Receivable and Returned Check Write -offs. CATEGORY Discussion Motion E Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 10/18/04 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayon Adm Svcs DCD Finance Fire Legal P &R Police Pr SPONSOR'S There are certain receivables that have been deemed uncollectible and need to be removed SUMMARY from the Accounts Receivable Ledger. See Staff Report. RIWIEWED BY COW Mtg. CA &P Cmte El F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 10/18/04 RECOMMENDATIONS: SPONSOR /ADMIN. Move to November 1, 2004 Regular Meeting COMMI'ITIE Move to November 1, 2004 Regular Meeting C FUND- SO EXPENDITURE RF,QUTRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: MTG DATE I rA t .RE,CORD O F:000NCIL ACTION 11/1/04 1 MTG. DATE ATTACHMENTS 11/1/04 1 Staff Report dated October 14, 2004 Resolution (1-�,i a prr -E) Minutes from October 18, 2004 Finance Safety Committee meeting MEMORANDUM From: Mayor / City Council Alan R.. Doerschel (].~{J To: Date: October 14, 2004 Subject: CANCELLATION OF ACCOUNTS RECEIVABLE The annual proposed resolution totaling $2,433.89 reflects amounts deemed un-collectible. The items listed have been through the City's collection program and have not been successfully resolved. Although we are writing them off the "official" . City books, these amounts will still be subject to collection. False alarms account for $643.00, NSF checks $286.35 and all others total $1,504,54. The funds affected will be properly adjusted. The process for tracking accounts receivable is quite thorough. The steps below are followed prior to the attachedwrite-offresolution: . Invoice is sent to recipient by the Finance Department, payable in 30 days. . A second notice is then sent specifying due date before receivable is forwarded to collection agency. . Collection agency sends a series of three letters for the original amount due, with the final letter advising that legal action will be taken if payment is not made. If there is no response from debtor after the first letter in the series, the debt is then reported to the National Credit Bureaus. . Collection agency then pursues legal action after the debtor is given a final opportunity to dispute the claim. This includes attaching checking accounts, garnishments, lawsuits and other legal methods. The items on the proposed resolution reflect those that have been through the process above and receivables are still due with the likelihood of collection being very low. We do collect amounts after write-offs, but very seldom. The City cannot.revoke or deny a business license for non-payment of an accounts receivable claim. - . to f s .k4, 1908�- ..,:„...,,,,:,:,,:c.,;,:. of "I-;- City Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. l,. WHEREAS, certain receivables and checks have been deemed uncollectible after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, li, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: f pi r f Section 1. Miscellaneous Accounts Receivable. The total of $2,433.89 is deemed uncollectible. See Attachment A. COUNCIL OF THE CITY O TUKWILA WASHINGTON, CITY CO PASSED BY THE C 2004. at a Regular Meeting thereof this day of Al "1'hST /AUT'HENTICATED: Jim Haggerton, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: ;'A Filed with the City Clerk By Passed by the City Council Office of the City Attorney Resolution Number 1 ;r;; Write Offs 10/29/04 ATTACHMENT A as of 10/13/04 MISCELLANEOUS 06/17/03 Airpro Equipment Best Buy General General R06160 R09204 $ 40.00 33.00 I To Evergreen Prof. Recoveries I Balance after EPR payment 09/18/02 11/01/02 Christian Health Services General R1.0248 40.00 I Bankruptcy 04 /23/03 11/27/02 Cloud Electric Vehicles General R11271 40.00 I To Evergreen Prof. Recoveries 12/19/02 Electronics Boutique General R12285 40.00 , To Evergreen Prof. Recoveries 12/19/02 Electronics Boutique General R12286 40.00 "To Evergreen Prof. Recoveries In dispute 09/18/02 Foster Library General R09205 40.00' 03/12/03 Gary's Tux Shop General Electric Industrial General General R03079 R05123 40.00 40.00 I To Evergreen Prof. Recoveries ITo Evergreen Prof. Recoveries 'Was making pymts-in military I To Evergreen Prof. Recoveries 05/13/03 08/31 /03 Joshua Dale Harris General M -0816 591.07 05/30/03 Home Depot General R05142 40.00 06/17/03 Home Depot General R06156 40.00 ITo Evergreen Prof. Recoveries ® Balance after EPR payment 07/01/03 Kit's One Hour Photo General R07169 17.00 07/01/03 Lane Bryant " General R07165 40.00 ITo Evergreen Prof. Recoveries ITo Evergreen Prof. Recoveries ITo Evergreen Prof. Recoveries ITo Evergreen Prof. Recoveries ITo Evergreen Prof. Recoveries I To Evergreen Prof. Recoveries 07/25/03 Lane Bryant General R07189 40.00 09/03/02 Mr. Bill Lipscomb General R09186 40.00 09/18/02 Mr. Bill Lipscomb General R09218 40.00 11/04/02 Mr. Bill-Lipscomb Tony Morelli General Water R11256 M -0302 40.00 46.47 03/29/02 10/15/02 Pacific 76 /David Malik General R10230 40.00 'To Evergreen Prof. Recoveries I To Evergreen Prof. Recoveries 08/12/03 Southcenter Shell General R08207 40.00 09/03/02 Simply Thai II General R09185 40.00 ITo Evergreen Prof. Recoveries I To Evergreen Prof. Recoveries 09/18/02 Simply Thai I I General R09210 40.00 11/01/02 Simply Thai II General R10251 40.00 ITo Evergreen Prof. Recoveries 'Balance after EPR payment 01/30/03 Watch World General R01027 17.00 Miscellaneous Billing Total FALSE ALARMS $ 1,504.54 12/09/02 s David's Bridal General F -1223 $ 21.00 Balance after EPR payment 11/25/02 Globix General F -1122 25.00 To Evergreen Prof. Recoveries 05/14/03 Home Depot (S 180th) General F -0510 25.00 To Evergreen Prof. Recoveries 06/17/03 Home Depot (S 180th) General FF6162 50.00 To Evergreen Prof. Recoveries 03/31/03 K and G Men's Mart General FA0316 11.00 Balance after EPR payment 07/31/03 Loan Mart General F -0824 11.00 Balance after. EPR payment 12/09/02 The McCoy Residence General F -1256 25.00 To Evergreen Prof. Recoveries 12/09/02 The McCoy Residence General F -1257 25.00 To Evergreen Prof. Recoveries 02/28/03 The McCoy Residence General F -0203 25.00 To Evergreen Prof. Recoveries 02/28/03 The McCoy Residence General F -0204 25.00 To Evergreen Prof. Recoveries Page 1 ATTACHMENT A as of 10/13/04 02/28/03 The McCoy Residence General. F -0205 25.00 To Evergreen Prof. Recoveries 02/28/03 The McCoy Residence General F -0210 25.00 To Evergreen Prof. Recoveries 02/28/03 The McCoy Residence General F -0212 25.00 To Evergreen Prof. Recoveries 03/31/03 The McCoy Residence General FA0317 25.00 To Evergreen Prof. Recoveries 03/31/03 The McCoy Residence General FA0318 25.00 To Evergreen Prof. Recoveries 03/31/03 The McCoy Residence General FA0319 25.00 To Evergreen Prof. Recoveries 03/31 /03 The McCoy Residence General FA0320 25.00 To Evergreen Prof. Recoveries 03/31/03 The McCoy Residence General FA0321 25:00 To Evergreen Prof. Recoveries 04/15/03 The McCoy Residence General F -0421 25.00 To Evergreen prof. Recoveries 04/15/03 The McCoy Residence General F -0422 25.00 To Evergreen Prof: Recoveries 08/25/03 Nasia Restaurant General F -0872 25.00 To EPR -Out of business 09/30/03 Nasia Restaurant General F -0932 25.00 To EPR -Out of business 09/30/03 Nasia Restaurant General F -0933 25.00 To EPR -Out of business 09/30/03 ` Nasia Restaurant General F -0934 25.00 To EPR -Out of business 08/25/03 Quik Framing General F -0880 25.00 To Evergreen Prof. Recoveries 05/14/03 Wireless Retail General F -0532 25.00 To Evergreen Prof. Recoveries False Alarm Total RETURNED CHECKS $ 643.00 10/21/02 Willie Ray Evans, Jr. TCC 5034 $ 90.00 To Evergreen Prof. Recoveries 12/13/02 Daniel R. Parent TCC 4251 20.00 Balance after EPR payment 01/27/03 Bill D. Stills Golf 878 140.35 To Evergreen Prof. Recoveries 07/02/03 Lailani G. Tuiolemotu Pool 1314 36.00 Bankruptcy 01 /13/04 Returned Check Total $ 286.35 WRITE -OFF GRAND TOTAL $ 2,433.89 Page 2 Finance and Safety Committee October18,2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Alan Doerschel,Darlene Heskett, Rhonda Berry, Peter Beckwith, Lucy Lauterbach; Kevin Fuhrer; resident Ron Phelps 1. AmendmenttoPublic DefellderContract . David Kirshenbaum's finn has handled public defender services for the City for many years. Their reputation is very good, and they have not had a pay increase for three years. They asked for an increase of 6%, to $9,OOO/month, or $1 08,000/year.Darlene had compared their cost to similar costs of defense attorneys for King County and for the national average. The annual cost for those attorneys was $292,740 at King County and $328,000 nationally. Tukwila gets a very good rate for good work. Recommend contract to COW. ,J,/2o.C3ncelbitlOnOf A. ccounts Receiv..able . Each year Alan has to write offuncollectable bills 1'owed by people. This year there are fewer write offs; Alan said they were the lowest they've been in ten years. The fines they owe are mostlyfrom fire inspection fees when they fail multiple times and need to be retested. There are disputes between the equipment providers and the clients who fail the tests. One family, the McCoy residence,.had fourteen charges for false alarms, with five on one day. Alan thoughtthey'dleft town. Recommend resolution to Ref!ular Meetin!!. 3. Annual Write-Off of Warrants. Checks and Gift Certificates Just as the City writes off uncollectablebills, they also write offuncashed checks from the City to individuals or companies. The largest number of gift. certificates that were not cashed in were from golf course certificates. One water cUstomer who the City owes money to was also listed in the accounts receivable list. Recommend issue to Ref!ular Meetin!!. 4. Animal Control Issue The City Attorney's office had drafted new language for, the animal control ordinance. The new language gives the City specific authority that had been!listed for King County to do. The appeal process is also being changed to go the City's hearing exa.rpjner rather than King County's. The Committee heard from Ron Phelps who lives next to three pit bulls that escape with some regularity. He cannot use his back yard because the dogs are so loud in their barking and charging the fence whenever anyone is in Ron's yard. Ron is not anxious to complain because the home with the dogs has retaliated in the past when people have complained about the dogs. All the negatively affected people are somewhat fearful ofthe house and the dogs that have gotten out at least six times in the past year. Ron said the pit bulls could eat his small dogs easily if they were in the yard when the pit bulls escaped. Peter did not know if the City could regulate back yard behavior, but said he' would check. At the next Committee meeting Walt Washington, the head of Animal Control, will be invited. Reschedule. 5.Clearnath Consultant Af!reement Alan noted that this Agreement had been in Committee last month, andit has been refined and changed according to the Committee's wishes. The Scope of Services had one new item of providing technical assistance to the new Economic Development Administrator, and the Committee recommended deleting that. Otherwise they recommended thecontractto Council. Recommend contract to COW. 1LA COUNCIL AGENDA SYNOPSIS p t 6►' \2 '1, Initials ITEM No. -.i 4 p I s Meeting Date 1 Prepared by 1 Mayor's review Council review a ��i� p> 11/01/04 1 ARD 1 ,A,vi 7908 1 1 1 1 1 ITE IN FORMATION CAS NUMBER: 04-153 I ORIGINAL AGENDA DATE: 11./1/04 AGENDA ITEM TITLE Annual write -off of Outstanding Court Treasurer's Checks and Gift Certificates. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 10/18/04 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTY/ SPONSOR'S Annual write -offs per RCW. See attachments SUMMARY REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/18/04 RECOMMENDATIONS: SPONSOR /ADMIN. Move to Regular Meeting COMMITTEE Move to Regular Meeting COST IMPACT /..FUND SOURCE: EXPENDITURE REQUIRE D AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: MTG. DATE I iff*f RECORD OF COU NCI L ACTI 11/1/04 I MTG. DATE r ATTACHMENTS 11/1/04 1 Staff Report from October 18, 2004 1 Resolution (i na_Q form() 4- 1 Minutes from Finance &'Safety Committee meeting on October 18, 2004 1 1 1 1 To: MayorSteve Mullet From: Alan Doerschel,Director Finance Department Date: October 18,2004 Subject: Annual Write-Off of Outstanding Municipal Court I Treasurer's Checks and Gift Certificates The attached proposedresoluticmwill write-offa total of$4,189.90 in unclaimed/outstanding items. General Fund Municipal Court Checks Treasurer's Checks Canceled General Subtotal. $1,697.01 205.69 $1,902.70 Water Fund Treasurer's Check Canceled 58.70 Golf Course Gift Certificates Canceled Grand Total $2,228.50 $4,189.90 Once the City cancels these outstanding items, the amounts will be returned to the General and Water Utility funds respectively. 4 y am j.;r 1908 'Washingto Was R esolution 14 o. t 7 :::t: i:� O F THE CITY pg1}ERIN'G UTION TONS G ;f... A gESOL WASHING pSTANDIN CITY Of TUKWILA, OF CANCELLATION TREAS ER S CHECKS 'f��: THE. ICIPACERTCOURT ATES• ed f AND GIFT Unclaimed Property Department of Revenue orrnancY period of Washington, P a ;cates ending rop 3 ft c ertificate s WHEREAS d the Teporcourt /treasurer's checks and ;aj' municipal unable attempts to o utstandi n g all reas carer s 2002, and finance Department has unredeemed all re municipal court/treasurer's Vii WHEREAS, the City of outstanding uru cancel all resolve the non-collection wishes to d t certificates, and of Tu kwila 2003, checks an g Council of the ecks issued prior to Jul 1, City court /treasurer's ch WHEREAS, the unicipal a rced rn 2002; L OF THE KWILA, outstanding,a eS s ued prior to ICY CITY OF TU and gift certificates COUNCIL THE CITY ALL OWS' EFORf N HEREBY RESOLVES AS F Nation of municipal courtltTeasurex s t w ASHIN es the canoe Council declares Attachment A. w1 C it y A W led on GT ON The Tuk detailed CITY OF TU checks and g certificates, d OF T� 2004. i T CITY CO d of r.;; ED BY thi PASS s lar Meeting at a Reg TED: ;ic;,;:. erton, Councii Pxesident ATTEST/ AHEICA Tim Hagg CMG, City Clerk City Clerk: Cantu, Filed with the City Council' Jane E• BY: Passed by r `:;;;fir.":: APPROVED ASTO R Attorney Office of the City puts W 2004 10129/04 Page 1 of 1 Attachment "A" ID NUMBER , 000 - General Fund Various 11164 11199 11300 11406 7239 DATE VENDOR ~..._.~ Various 08/30/02 10/03/02 02/14/03 06/20/03 09/27/02 Aggregate-Various (under $50) Kim Alan Kirkpatrick Curtis Garfield Thomuson Henry Demetrius Taylor Viking Valiente-Gramajo First American Title Insurance Co. General Fund Total: 401- Water Utility Fund 12739 10/22/01 12739 10/22/01 Toni Morelli Toni Morelli 411 -Foster Golf Course Sixty-four (64) miscellaneous gift certificates GRAND TOTAL: AMOUNT $211.01 $400.00 $59.00 $820.00 $253.00 $159.69 $1,902.70 $300.00 ' ($241.30) , $2,228.50 $4,189.90 Finance and Safety Committee October 18, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Alan Doerschel, Darlene Heskett, Rhonda Berry, Peter Beckwith, Lucy Lauterbach; Kevin Fuhrer; resident Ron Phelps 1. Amendment to Public Defender Contract David Kirshenbaum's firm has handled public defender services for the City for many years. Their reputation is very good, and they have not had a pay increase for three years. They asked Jor an increase of 6%, to $9,000/month, or $108,000/year. Darlene had compared their cost to similar costs of defense attorneys for King County and for the national average. The annual cost for those attorneys was $292,740 at King County and $328,000 nationally. Tukwilagetsa very good rate for good work. Recommend contract to COW. 2. Cancellation of Accounts Receivable Each year Alan has to write offuncollectable bills . owed by people. This year there are fewer write offs; Alan said they were the lowest they've been in ten years. The fines they owe are mostly from fire inspection fees when they fail multiple times and need to be retested. There are disputes between the equipment providers and the clients who fail the tests. One family,the McCoy residence, had fourteen charges for false alarms, with >k. five on one day. Alan thought they'd left town. Recommend resolution to Regular Meeting. .3. . Annual Write-Off of Warrants. Checks and Gift Certificates Just as the City writes off ... .. · ... uncollectable bills, they al~o write off uncashed checks from the City to individuals or I companies. The largest number of gift certificates that were not cashed in were from golf course certificates. One water customer who the City owes money to was also listed in the accounts receivable list. Recommend issue to Regular Meeting., 4. Animal Control Issue The City Attorney's office had drafted new language for, the animal control ordinance. The new language gives the City specific authority that had been listed for King County to do. The appeal process is also being changed to go the City's hearing examiner rather than King County's. The Committee heard from Ron Phelps who lives next to three pit bulls that escape with some regularity. He cannot use his back yard because the dogs are so loud in their barking. and charging the. fence whenever anyone is in Ron's yard. Ron is not anxious to complain because the home with the dogs has retaliated in the past when people have complained about the dogs. All the negatively affected people are somewhat fearful of the house and the dogs that have gotten out at least six times ,in the past year~ Ron said the pit bulls could eat his small dogs easily if they were in the yard when the pit bulls escaped. Peter did not know ifthe City could regulate back yard behavior, but said he would check. At the next Committee meeting Walt Washington, the head of A_l1imal Control, will be invited. Reschedule. 5. ClearDathConsuItant Agreement Alan noted that this Agreement had been in Committee last month, and it has been refined and changed according to the Committee's wishes. The Scope of Services had one new item of providing technical assistance to the new Economic Development Administrator, and the Committee recommended deleting that. Otherwise they recommended the contract to Council. Recommend contract to COW. .