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HomeMy WebLinkAboutCOW 2005-08-22 COMPLETE AGENDA PACKET s` Tukwila City Agenda A enda 0 r Z .4i `t Steven M. Mullet, Mayor Councilmembers. Joe Duffie Joan Hernandez Rhonda Berry, Berry, City Administrator Pam Carter Jim Haggerton t ts Pamela Linder, Council President Dennis Robertson Dave Fenton COMMITTEE OF THE WHOLE MEETING Followed by Special Meeting PLEASE NOTE: EXECUTIVE SESSION 6:15 PM Potential Litigation Pursuant to RCW 42.30.110(1)(i) :45 minutes Monday, August 22 2005 Tukwila City Hall 7:00 PM Council Chambers 1 CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. SPECIAL Update on Washington DC issues: PRESENTATION Hal Hzemstra and Michelle Giguerre 4. CITIZEN At this time, you are mvited to comment on items not included COMMENT on this agenda. To comment on an item included on this agenda, please save your comments until the issue is presented for discussion. 5. SPECIAL ISSUES a. Update on 2005 transportation funding and proposed projects. b. Proposed ordinance regarding cheating and other gambling offenses m cardrooms, mini casinos and gambling establish- ments c. Proposed financial policies. d. Proposed ordinance granting a non exclusive franchise to Clearwire Communications. [Action may follow at City Council Special Meeting.] 6. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 7 MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURN TO SPECIAL MEETING (continued...) August 22, 2005 Page 2 SPECIAL MEETING Ord #2099 Res #1585 1 CALL TO ORDER 2. ROLL CALL 3. CONSENT Approval of Vouchers AGENDA 4. PUBLIC HEARING Decision on options, including condemnation, for acquisition of (continued from 8/15/05) property west of Southcenter Parkway, between So 180th Street and the southern City limits. (Continued from August 15 meeting for further testimony and deliberation.) 5. UNFINISHED Proposed ordinance granting a non exclusive franchise to BUSINESS Clearwire Communications. (See item 5.d. above.) 6 ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office: 206 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS ITEM No. "t, i i i Meeting Date Prepared by Mayor's revzew Conned review A 8/22/05 1 PC f _t J. I 1 1 1 7908�= 1 1 1 1 Q 1 1 ITEM INFORMATION CAS NUMBER. 05-116 I OMGINAL AGENDA DATE. AUGUST 22, 2005 AGENDA ITEM TITLE Update on 2005 Transportation Funding and Proposed Projects CATEGORY Discussion Motion resolution Ordinance Bzd Award Public Hearing Other Mt Date$/ 22 05 11Itg Date Mtg Date Mtg Date Mtg Date Illtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV SPONSOR'S Information on the state funding for transportation, from the 2003 Nickel Package and the SUMMARY supplemental 2005 Transportation Partnership Act. Includes revenue funding, average costs for Washington drivers, how the gas tax will be distributed by project and programs and finally a state -by -state comparison of fuel taxes nationwide. REVIEWED BY 111 COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 7/25/05 RECOMMENDATIONS: SPONSOR /ADMIN. Information. COMIIrrEE Forward to COW for information. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0.00 $0.00 Fund Source: Comments MTG. DATE I RECORD OF COUNCIL ACTION 1 8/22/05 1 I MTG. DATE I ATTACHMENTS 1 8/22/05 Information Memo dated July 21, 2005 Puget Sound Regional Council Information Package with Charts Maps Transportation Committee Meeting Minutes from July 25, 2005 1 INFORMATION MElVIO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ July 21, 2005 Update on 2005 Transportation Funding and Proposed PrQiects ISSUE Provide an update on transportation funding and proposed projects. BACKGROUND The 2005 state legislature enacted a number of new laws, including state funding for transportation, under the 2005 Transportation Partnership Act. The 2005 funding supplements the "Nickel package" approved in 2003. The 2005 funding package and the Nickel Package will have a major impact on implementation of the region's transportation plan. Attached are several documents that will provide some information on the funding and the proposed projects for our region. Attached are: . PSRC Information Package - 8 pages . WSDOT prepared charts on State Funding - 3 pages . WSDOT prepared map "Chokepoints and Bottlenecks" - 1 page . WSDOT prepared map "Safety Projects" - 1 page . Fuel Taxes - State-by-State comparison - 2 pages Attachments (q:gail\Jim\lNFO MEMO 2005 Trans Funding Puget Sound Regional Council III DISCUSSION ITEM July 7, 2005 To: Transportation Policy Board From: i Charlie Howard, Director Transportation Planning Subject: 2005 Transportation Partnership Funding Package BACKGROUND The 2005 state legislature enacted a number of new laws, including increased state funding for transportation, under the umbrella of the 2005 Transportation Partnership Act. The funding package in the Partnership Act supplemented additional state funding the legislature approved in 2003 in what is commonly referred to as the Nickel Package. In addItion to the new state funding, the Partnership Act also included a number of accountability mechanisms, including empowering the State Auditor to conduct perfonnance audits of state transportation agencies and empowering the Governor to appoint the Secretary of Transportation, making WSDOT a cabinet agency. The funding mechanisms in the Partnership Act, combined with the Nickel Package, will have a profound impact on implementation ofthe region's transportation plan, Destination 2030. State, local and regional planners are now assessing the impact on projects within the region to better prepare for the next steps, including preparation of a regional ballot measure currently anticipated in 2006 and the update of Destination 2030. DISCUSSION Staffrrom the Washington State Department of Transportation will brief the board on the funding mechanisms in the Partnership Act and the impact on regional projects. A six page summary of the funding mechanisms in the Act prepared by the department is enclosed. Staff rrom the department will also make a presentation on the combined impact of the Nickel Package and the Partnership Act on projects in the region. For more infonnation, please contact Charlie Howard at (206) 464-7122. X:\1RANS\Comm\TPB\200S\07-QS-Ju!Y\1l-l - 200S Transportation Partnership Funding tpb200S-Q7 Memo.doc 11-1 "Washlng1cm's future Just Got Better ft ~ 2005 TRANSPORiATlON PARTN::RSHIP PROJECTS What does the 2005 Funding Package promise for future transportation investment in Washington? The 2005 Washington State legislature provided a 16-year expenditure plan to take care of some of Washington State's most critical transportation needs. Over 270 projects will be funded by this package that will make roads and bridges safer as well as ease choke points on the system. 2005 Transportation Funding Package Projected 16-Year Proceeds (dollars in millions) New Funding Restricted to Highway Use (18th Amendment) 9.5st Gas Tax Increase (phClsed in over four years) Trucks under 8,000 Ibs. Vehicle license Plate Fees Interest Income Total Cash Revenue Projected Over 16 Years Less for 16 Years Total Annual Debt Service on New Bonds Net Available for Cash Funding for Investments Net Available for Cash Funding for Investments Proceeds of Bonds for the Program to be Repaid from Revenues .TotarlnvestmentJor18thAmendmentRestricted Funds New Funding Available for Any Transportation Investment Vehicle Weight Fee Motor Homes Drivers licenses and Related Service Fees I Totallnvestmentfor:Non-Restrlcted Funds Xb~iJ6~X~~r\J:~6_d~ ~y.~ili:lli~~t~dnv~~~erW~> _ _ .~__ Totals may not add due to rounding Where will the revenue come from? Gas Tax increased by 9.5~ (phased in over 4 years) ~ 3.01t in July 2005 ~ 3.01t in July 2006 ~ 2.0st in July 2007 ~ 1.51t in July 2008 New Vehicle Weight Fees imposed on passenger cars ~ $10 for vehicles under 4,000 pounds ~ $20 for vehicles between 4,000 and 6,000 pounds ~ $30 for vehicles between 6,000 and 8,000 pounds Increased Combined License Fees for Light Trucks ~ ~ ~ $10 for trucks under 4,000 pounds $20 for trucks between 4,000 and 6,000 pounds $30 for trucks between 6,000 and 8,000 pounds Farm Vehicles are exempt from this increase ~ $5,546 341 227 38 6,152 -3.994 2,158 $2,158 5,100 $7,258 $908 130 179 ~ "~c " -$1,2111 ,~ f~;-!~, $75 Fee for all Motor Homes Fees increased for various Drivers' License Services* ~ Original and Renewal License Application increased to $20 (previously $10) ~ Identicards, Driver Permits, and Agricultural Permits increased to $20 (previously $15) ~ Commercial Driver License and Renewal increased to $30 (previously $20) ~ License Reinstatement increased to $75 (previously $20) }> DUI Hearing increased to $200 (previously $100) Fees Increased for various License Plate Charges ~ Reflectorized Plate Fee increased to $2 per plate (previously 50i per plate) ~ Replacement Plates increased to $10 (previously $3) 'Vehicle and Driver Services fees were increased to cover cost of issuance; Personal use trailer license fees were reduced from $30 to $15. ~ ~ ~qtoaState "1" De;>OItJmeJltafTr~ - 5-19-2005 How will the new revenue sources translate into typical annual costs for typical Washington drivers? The Gas Tax increase: If you drive 12,000 miles a year, how much will the new gas tax add-ons cost you each year? " .~#~~~'p:~1 C,o~l:()f tfl~~~Yei<Ph"~o~dn~(t~h~"Ne\'{:~~~~i a~"( 12,OOOMI 17~ly~~r(" ~:<Miles': ~~2~\JurY20~~~~~~ July 2007 ;'JJ!y?QOB~0~ . ~"p~,~ :~f July 2005 ~;:additionaL3~u additional 2t- ~Fia~ditional~1~~t- "~C ., all on 3c increase increase fotal 6 increase total 8t 'increase"total9.S ~ ~~!~:l~' C~4~,~f!l~1!~!i. '_.~"""~;~Rt~~;:f{~~ ,~/':30 ,-;'",~ 12 '~<'~H'f;::"','24-::::1} - 32;-:s~~':'--I"-c....38.;;;f~:.'"'U ~~~{J :~ i~f~~i:~~. ~: {.~;t;'E~~;;~ "Typical Ford Taurus - 20 mpg city, 27 mpg highway (wwwlfueleconomy.gov) For a car that gets an average of 22 miles per gallon, driving 12,000 miles a year you will pay an additional $16 per year in 2005, $33 in 2006, $44 in 2007 and finally by 2008 you will be paying $52 per year for the new gas tax. New Weight Fees for Passenger Vehicles All passenger cars are charged a $30 license fee. Passenger cars will now pay an additional weight fee. How much will the new vehicle weight fee cost? The following tables give vehicle examples for the three weight classifications. Most of Washington's passenger vehicles (84%) fall into the $10 weight fee range. !~!il~' ~ftll.-'~~1ii~] ~~~!~.~%Jiqli~~ Increases to the Combined License Fees for Light Trucks How much more is the combined license fee for your light truck? Combined License Fees for light trucks increased according to gross weight. Gross weight is determined by the consumer and is based on vehicle curb weight plus anticipated hauling weight needs. The following tables give examples for the three weight classifications. Most light trucks (54%) fall into the $20 weight fee range. ~~~f~\!~~~~~-, irl~~1~~~1~~t;{'i"1; ~~$~5i;i~;i~i:~~~~~, GM.c:3t1T~n}X4~ra Cab .~.~ ... . o " Ch_evrol~F3/4Ton 4X4EXtendedt~";. ~ 2 When all the new revenues are in place, how will the state's total gas tax amounts be distributed? Collected at the state level, the gas tax is distributed by statutory formula. The gas tax is covered by the 18th Amendment of the State Constitution and can only be used for highway purposes (State ferries are considered highways) Cities and Counties currently receive a statutory distribution of the gas tax. The 2005 Funding Package provides an additional distribution to local governments. Cites and Counties will each receive a quarter of a cent from the first 3~ increase in 2005, and another quarter of a cent each from the second increase in 2006 (totaling %It for each) Like the state, Cities and Counties must use these funds for highway purposes. The state (WSDOT) receives the remaining 2%~ from the 2005 and 2006 increases, 21t from the 2007 increase, and 1 %~ from the 2008 increase (totaling BYz~). The pie chart displays the new statutory distribution of the gas tax, through 2008 Statutory Distribution of the 37.5~ Gas Tax 2008 (31 ~ in 2005, 34~ in 2006, 36~ in 2007 and 37 .5~ in 2008) Counties: Prior to July 2005 tounties ree....,e 4.42~" In Jut-( 2005.lhe Feny's distribution inc.reases O.2S~ to 4.67,. Accounts. 1._.0B~ ~ ;~ ~~i. .. ... . I." Jury 2006, d increase" ilno1lur 0.25~ .')~}F-o:.~~2~ '. '.'" '" " "- Counly Road Admini.l1ation Board: 1.03~ Cities, Prior to July 200S ciHes receive 2"46~. In July 2005. tII. distribution increases O.25i to 2.7H. In July 2006, ij incre.... anather 0"25~ to 2"96~ How will Washington's gas tax serve future transportation needs? Looking at the gas tax over a period of time, from 1991 (when the gas tax was raised to 23~/gal) out to 2021, the effect of inflation is clearly evident. The value (in 1991 dollars) of the 23~ dips to a low of 18.1~ in 2003, then rises to 21 6~ when the nickel tax is added in 2004, then starts to decline again until 2005 when the new tax is implemented. It is projected to continue to rise through 2009 when it will reach a high of 26 3~. The value then will start to decline again, reaching a projected 1991 purchasing power value af 19.2i in 2021 Revenues from the gas tax (expressed in 1991 purchasing power) follow the same trend line. However motor fuel consumption and vehicles miles traveled continue to grow at a consistent rate over time. 1.8 Growth Rates Compared VMT, Fuel Consumption, Gas Tax Revenue, & Gas Tax Rate 1.6 1.4 1.2 1.0 23j! , - ('~_ 21.61! -, " Gu Tu Rate {1991 dollars) -__I 18.11! 0.8 0.6 I I - - I -----")1 .- .....Vehicle Miles Traveled i ! ! 51.35M i i I I t - 26.31! --- -...... -- -- ....... ; 19.21!1 ! 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 I 23: 25: 31(:. 34: 36i: 37 Sf: I T.X"Rate 3 How are transportation revenues from vehicle licenses, permits and fees used by the State? The 2005 transportation package imposes a new weight fee for passenger cars and increases the combined license fees for light trucks Distribution of Vehicle Licenses, Permits, and Fees 2005-2007 $816.6 m Ferry Opera1ions: $15.7 m (1.9%) Transportatton 2003 (NIckel) Account: $24.9 m (3.0%) Washington Stzte Patrol: $271.6 (33.3%) Mu!1Jmodal Transporta1oo AtCQunt $100.9 m (12.4%) In addition the Freight Mobility Account is also established, funded from various licenses, permits and fees. This account will be used to fund various freight mobility projects including rail capital improvements. This pie chart represents the distribution all vehicle related licenses, permits and fees for the 2005-2007 biennium. Freight Mobilrty Inveslment Attounl:$12.0 m (1.5%) What does it typically cost for us to travel by car and where does the money go? Average expenditures for traveling in a typical passenger car in Washington State by major category Annual transportation tax and fee payments attributable to a car driven 12,000 miles per year in 2005. ,State Gas Tax $169 } I f Federal Gas Tax $100 .7 { Annual License Tabs ~ -- & Weight Fees $40 State Gas Tax 31~/gal Federal Gas Tax 18 4~/gal State License Tab Fee/year Total $ 169 08 100.36 40.00 $ 309 08* *$20 of the $30 tab fee goes to the State Patrol and approximately 37% of the gas tax goes to local governments. Note: Local option taxes for local transportation projects may exist over and above those listed. Purchase price of a 2005 Ford Taurus: $24,000 (10% down payment) Distribution of the $309.08 in taxes and fees for a typical car State Gas Tax to Cities and Counties for Roads State License Tab Fees to the Washington State Patrol State Gas Tax and License Tab Fees to WSDOT* Federal Gas Tax Returns to the State for Federal Highway Programs**" Total funds distributed $ 62.56 20.00 126.16 100.36 $309 08 Assumptions for 2005 Annual miles: 12,000 Miles per gallon: 22 Gallons per year' 545.5 . The legislature appropriates some of these state funds to other agencies including, DOL, Slate Parks. etc. -Federal Highway Programs include monies for Local Governments as well as for the State. Annual Costs: Cost offuer (excluding taxes): $1,009 State Gas Tax: $169 Federal Gas Tax: $100 License Tab /I. Weicht Fee: $40 "~~Fbe~1gc6iYt~gQf-Y~JaJtJs_~itff~s~?te geiS. tax ana./ic~[1!)etab-'e~~ malil1iil(J~~~~~~ i~~~~i~~gi~~~W~%~~~:}~Q~.qeb~ts~~ice .on ,~ur:ent; .~~s:tand(q:t~;~,t * Based on the average annual cost for fuel for Washington State in 2004 ($1.85/9al + .28 + 03 = 52.16/9al) Provided by the Energy Information Administration. www.eia.doe.gov/emeu/states/oilprices/oilpricesYla.html 4 What funds are available for WSDOT to deliver its programs? millions of dollars ;~'- ~Forthe 2005.200TBiennium c ffi~~~~J311!{i'i;~!~;if~];t~.... -- ----- -- . -- - --" JQtalfundS~~ Available for," ; - --- --- --. - ---.. > c,^-,_SDOT '2005-2D07.c Operating Budget ---- - i~:,=:~,L~~ $1 ,O?f =~~~ ::;-<'->c.. ~_ ~:~:~ "-c'. ~.. ":";- - . ~',$M06 $3;430 /'"=(f- $4,_536 Capital Budget Total Funding - -~ - - - -- ' T;':~~'CC=-~.$1 ;4471s"~s ~ it~'~~~~f'~~$2;~9t?;;;^:~ "~}>~~]f$5~3~8~ ~:' ,i '-'.f$709 "Vl'$719 What do each of these packages mean in funding for WSDOT over time? millions of dollars ~;;;;~~~;~~h}~ 'J:,c;~P~$sag!: E.fE:;~,; :5 ~~evi.FLJi1din~gt~1 .~~~;PackagesTit~ . ""f!12003& 2005 -,~ "C FY 2006-2015 .." 0-- _.. _~ .- f~~t~JIo~;1~i~~0;;~. i~i~:~ "~'0;FY2004-;2013 '> ~ - - - --- -- - ~ - - --- - >>;;t~i~W:iO~}> ..:i -.c:Pilc~ge .,.: :;'.,'c'>1~Ye-a-rPJan-.- ; ';\fY2006-2021-" ~/:~:~}!~~t,;~_::.~~$.M~ ~;:~:\$~&~:~f~~?1-4ci ~$7,5&t Operating Budget .- - ~--:.C=C=-" ~~~~~i1~~ Capital Budget Total ~. _ ~-$5,621 u_______ . ___n u___ _._.~ --- --..~ n. $1 ....1 j~4":i:>2::p1", 3 ..-".. . --" -." ----- - ---- -- Analysis of the 2005 legislative enactment has not yet been completed. The amounts shown are believed to be approximately correct but are still preliminary and subject to adjustment. Pre-Existing funding is programmed in ten-year increments. Revenues are forecasted, bond sale plans are developed and project expenditures are projected over a ten-year period. As we end one biennium, another two-year period is added to the out-year plan. Our current ten-year plan goes from fiscal year 2006 through fiscal year 2015, in biennial terms, 2005-07 through 2013-15 The 2003 Transportation Funding Package, which included the nickel gas tax increase and a sales tax increase on vehicle sales, was also for a ten-year period. Revenues are forecasted and projects were planned to take place within the ten-year period. Revenue collections and project expenditures stared in July 2004 The final sale from $2.6 billion bond authorization for this funding package will be sold by 2013 The 2005 Transportation Funding Package is for a 16-year period The revenues are forecasted and project expenditures are planned, and the bond sales will be spread over the 16-year period The 16- year plan runs from fiscal year 2006-2021, in biennial terms, 2005-07 through 2019-21 The 2005 Funding Package also provided apportionments for: ,/ Cities and Counties ./ County Road Administration Board (Grant Programs) ,/ Transportation Improvement Board (Grant Programs) 5 What type of projects and programs does each of these funding sources deriver? Pre-Existing Funding examples: . Maintenance . Asphalt and Chip Seal Repaving · Bridge Scour Rehabilitation . Longview-Rainier Bridge Painting . Hood Canal Bridge Replacement . Major Electrical Features Replacement . Unstable Roadside Slope Repair · SR 202/ SR 520 to Sahalee Way Widening . Median Cross-over Protection on Divided Highways · SR 201 Monkey Hill Rd to Troxell Rd . SR 20/ Troxell Rd to Deception Pass Vic 2003 Transportation Funding Package examples (chosen from approximately 160 projects) · I-51 Pierce Co Line to Tukwila - Northbound · I-51 Rush Rd to 13th Street - Flood Control & HOV Widening · 1-5/ Concrete Pavement Replacement in . 1-5/ SR 502 Interchange and Corridor Widening Downtown Seattle . Construction of One Replacement Ferry Boat · Replacement of Non-standard Guardrail . Ferry Terminal Upgrades at Anacortes, · Replacement of Non-standard Bridge Rails Edmonds, & Mukilteo · 1-5/Salmon Creek to 1-205 - Widening . Point Defiance Rai! By-Pass · SR 240/1-182 to Richland Y - Add Lanes · Rail Upgrades State-wide, including Port of . No. Spokane Corridor - Francis Ave to Farwell Columbia Rd . Vancouver Rail Project (Passenger Service) · SR 16/ Burley-Olalla Interchange . Yakama Tribal Sawmill Rail Support · SR 31/ Metaline Falls to Canadian Border - . Train Set Purchase Roadway Reconstruction . Van-Pool Grants · SR 1061 Skobob Creek - Fish Passage . Para Transit/Special Needs Grants · Rural Mobility Grants 2005 Transportation Funding Package examples (chosen from approximately 270 projects) . Alaskan Way Viaduct (State funds) . . SR 520 . 1-405 . . Seismic Retrofrt of Severe and Moderate Risk Bridges (approximately 175 projects) . . Bridge Replacement Projects . . SR 4/ Abernathy Creek - Bridge Replacement . . SR 6/ South Fork of Chehalis River - Bridge Replacement . . SR 532/ General Mark W Clark Memorial . Bridge Replacement . . SR 99/ North of Lincoln Way Sidewalks . . 1-90/ Snoqualmie Pass East - Hyak to . Keechelus Dam . . '-82/ Valley Mall Boulevard Interchange Construction . . SR 28/ Jet US 2/97 to 9th Street - Capacity . 1-5/ Downtown Bellingham On/Off Ramps . Reconstruction . 6 · 1-90/ SR 26 Interchange-Ramp Improvements · Fish Passage Barrier Removal · Ferry Terminal and Vessel Improvements and Preservation · Construction of Three Replacement Ferry Boats · Expansion of the South Trestle in Seattle · Rail Line Improvements for AMTRAK/Cascades Passenger Service · Train Station Upgrades - Statewide · Rural Mobifity Grants SR 112/ Neah Bay to Seiku - Roadside Safety Improvements SR 500/ St Johns Boulevard - Interchange Construction 1-5/ Boston to Shelby Southbound - Noise Walls Fish Passage Barrier Removal SR 5301 Sauk River - Chronic Environmental Fixes SR 9/ Corridor Improvements for Safety Freight Mobility Projects for Local Freightways Safe Routes to Schools Grants Para Transit/Special Needs Grants Construction of One Replacement Ferry Boat Terminal Improvements at Port Townsend and Fauntleroy and Bainbridge Island King Street Station Track Improvements to Prevent FreighUPassenger Conflicts Freight Rail Improvements Statewide Preservation of State-owned AMTRAK Train Equipmen SUMMARY OF ADMINISTRATIVE AMENDMENTS TO REGIONAL TIP April-June 2005 Projects of a Maintenance, Repair, or Replacement Nature Processed Administratively Amendment PSRC ID Sponsor Project Title Action{s) Taken Create new PE phase with $42,000 Local and AUB-32 Auburn "M" Street SE - 29th to 37th Street SE (Pedestrian 11/1105 obligation date. Facilities Construction) Add new construction phase with 5658,000 Local and 11/1/05 obligation date. Create new PE phase with $46,295 1M, 5705 '-5. 96th Street Vicinity to 48th Street Vicinity Match. and 4/1/05 oblioation date. April 2005 WDO-232 WSDOT-Oly (Concrete Roadway Panel Replacement) Create new construction phase with $409,100 1M, $6,230 Match, and 7/11/05 obligation date. Create new PE phase with $132,975 NHS, SR-3: SR-304 Off-Ramp to SR-304 On-Ramp S2.025 Match. and 9/1/05 obliqalion date. WDO-233 WSDOT-Oly Vicinity (Paving) Create new construction phase with $425,254 NHS, 56,476 Match, and 3/6/06 obligation date. Create new PE phase with 556,367 STPrw SR-410: 288th Ave SE to Crystal Mountain Blvd. and 7/1/05 obligation date. WDNW-742 WSDOT-NW (CenterJine Rumble Strips) Create new construction phase with $290,852 STPfW and 3/6/06 obligation date. Create new PE phase with $61,070 STPrw, 1-90: Mount Baker Tunnel & Mercer Island Lid $930 Match, and 9/15/05 obligation date. WDNW-743 WSDOT-NW (Power Distribution Upgrade & Retrofit) Create new construction phase with $416.065 STPfW, $6,336 Match, and 9/18/06 obligation May 2005 date. Create new PE phase with $153,000 NHS, S2,330 Match. and 9f7/05 obligation date. WDNW-744 WSDOT-NW SR-519: 1-90 to YeslerWay (Resurfacing) Create new construction phase with 5964,798 NHS, 514,692 Match, and 12/4/06 obligation date. Create new PE phase with $82,740 NHS, SR-520: Westbound Off-Ramp to NE 51st Street 51,260 Match, and 8/1/05 obllqation date. WDNW-745 WSDOT-NW (Resurfacing & Pavement Repair) Create new construction phase with 5367.088 NHS, $5,590 Match, and 215/07 obligation date. Add new PE phase with S25.000 NHS, $5,000 US-2: Stevens Pass to Leavenworth (Centerline Match. and 7/1/05 obligation date. WDNC-4 WSDOT-NC Add new construction phase with $170,000 Rumble Strips) NHS, $30.000 Match, and 1/3106 obligation date. Create new PE phase with $54,400 BR, SR-900: 112th Ave. SE (Aberdeen Ave NE)- $13,600 Match, and 10/3105 obligation date. WDNW-747 WSDOT-NW Bridge Seismic Retrofit Create new construction phase wilh 4/2107 BR, $150,794 Match, and 4/2/07 obligation June 2005 date. Create new PE phase with $186,000 State and 7/5/05 obligation date. WDNW-748 WSDOT-NW US-2: Fern Bluff Rd. Vicinity to Sultan Startup Rd. Create new ROW phase with $20,800 State Vicinity (Stormwater Outfall) and 7/3/06 obligation date Create new construction phase with $591,744 State and 4/2/07 obligation dale. Create new PE phase with $109,000 State US-2: 10th Street Intersection Vicinity (Stormwater and 11/1/05 obligation date. WDNW-749 WSDOT-NW Outfall) Create new construction phase with $332,320 State and 11/6/06 obligation date. 12-1 State F un ding 2005 -202 e ion Central Puget Sound R J Douglas B. MacDonald Secre tary of Transportation Chris R. Picard Acting Manager Urban Planning Office Paula �a�,nmond Chief of Staff d regional Council Puget Sour July 14, 2005 totalAh ins Washington , State o " iar Wif Departmen of Rail - $30M Freight - $51M Environmental Retrofit - $491t omic Initiative WAR Eton Local protects L (not shown) Washington ai TcansPoxtation Department KING COUNTY ALL FUNDS $5,568,329 2005-2021 (Excluding Maintenance and Operations) All dollars are in thousands 2005 FUNDING PACKAGE ite,1 ALL KING COUNTY PROGRAMS 2005 TRANSPORTATION FUNDING PACKAGE 2003 TRANSPORTATION FUNDING PACKAGE PRE-EXISTING FUNDS* Chokepoints and Bottlenecks $1,179,350 $736,469 Safety - $2,572,690 Economic Initiative $0 $0 Environmental Retrofit $44,868, $2,150 Ferries $90,726 $104,724' $0 Freight $44,120 $15,000 $0 Rail Projects . . , Local Projects $1,500 $0 Preservation (P1 - paving) , 1 $0, $0 1 i ! Preservation (P2 - structures)] $15,171 $0 Preservation (P3 - other) $& $0 $53,851 $9,290 $68,131 $2,317 $306,894 $6,500 $14,558 $0 $52,625 $31,688 $32,262 TOTALS $3,963,425 2003 FUNDING PACKAGE *Pre-existing state funds are programmatic in nature and do not represent the full 16 year investment. $1,026,788 $578,116 PRE-EXISTING STATE FUNDS* (Committed) horeline\ SR:99 Aur oraAvo.,l rnProvements;Phase'2,(Shorellne Businest3 Access and ",,�ransrt „L "a,'nes'it , 9; ( Peltier Funding :opry) '; +:? r `Woodinville Chokepoints and Bottlenecks State Transportation Investments — King County (Pre- Existing Funds, 2003 Transportation Funding Package, and 2005 Transportation Funding Package) :,NE 175th16'NE•205th St:a4NB Aitillin :Lane- Redmond 203 SR 522:1UWBCC Cam SR,622 Multimodatprojeof'G' Funding ,On; 520 , r Bellevue % SR :520 W.Lako Samammish.Pkwy. To SR 2021 HOV Lanes, ,. Sammamisli sAccess)- NeW.lnterchan SR :202 :;$R,520to,Sahalee.Wa :. ;Wiidenin.': 1-90: Seattle to Mercer Island two Way Transit /HOV" '(Partial Funding Only): + 900:,SE'r78th St. vic, To 1-90 Widening, and HOV SR 509 SR 509 /SR 518 I /C: -'SB to EB Flyover Ram ' (Partial Funding Only) ' `` 509) 900) Issaquah $eaTac 'Renton SR 518: SeaTacAirport to l -5 Add EB Lane ;,;'' (Partial Funding Only). SR,609 Freight and Congestion Re lef,ProJect:;'a, S 1188th'($t to 15':^ New Freeway I 5 $ 21;1th St to'$ 3200 St:i Additional Lanes, P' i (Partial Funding'Ony)' ' ) Federal Wa SR 99: S248th St: to S 272nd St. HOV Lanes is' King County North Bend Maple Valley 1-405 1 -5'to SF 169—Widening ,and Interchange Improvements NE`44th St to'112th Ave, SE 'Widening•and I /C Improvements 1 -90 to south'of Main S1,;- Widening and'I /C Improvements North et 'SR 520 lb SR 527 •- •Widening and I/C improvements; \\'-ti SR:1,69 Projects SR'169 /SR;516 Intersection Improvements ; Inlersechon'Improvemenis', .,. 140,, Way SE' (Partial Funding Only) Black Diamond 1-6:',5 272nd St. I/C — Reconstruct Interchange " r (Partial Funding Only) ;. Auburn 164,e 5; Triangle 1/C (I 5,SR 18, SR161) - Recohstruct Interchange (P.arial:Funding OnlyY'. ' 1-S,, Pierce County Line to. S 320th St:'- HOV July 14;;2oo5 SR 167 Projects is r 8th.$t.E to 15` ,St ,SW , HOV Lanes 15th;St SW to 1 =405 7 Hot Lane' Pilot Project 15th St SWtoi15th'St. NW ,NB':HOV Lane. S 180th St:101 +105, Widening SR 18: Weyerhaeuser Way to SR .167'- WB Truck Climbing. Lane Enumclaw SR,161:`Jovlta' Blvd., to S,360th'St;' Widening A 2 0 2 4 6 .l 1 8 Mile: Washington State V4r Department of Transportation �` Shoreline 'Woodinville Safety State Transportation Investments — King County (Pre- Existing Funds, 2003 Transportation Funding Package, and 2005 Transportation Funding Package) Redmond 9R 20�F�std y,,l 0,0111 tPrplkFt Ifil "0 jideESt�ou 43, "rtunitioaY' �r �Pas�ing SR`50 , iri Ea 9MOOOmPn { rid,lH t.i.i koViVoiiio'(�'e t{ l ur3ar0 i "`.., rl I I N''. \ ) � ya 4' Seattle .00, eGticrn Imp {aVe .,q,91 Pt,cdpof s, � r' dirk � 0 1 r�rt��h � h# nh$ izatian 3v_, IInHd.:��4�' North Bend King County ti S 2'fQ 1 G ti rtueershS e Gtyobn hanprrie o �ement Pr otecs ,, InterseGtibn P �i`1�'g9II AVe'SE—btiarnio *e�inRersedtion alley '" S ass inteisectigt1 Improvement Projects F 416th St'rt ' `,c�h n0slizp In{ersovtki t { '� 8$t 5 , e 0bUl nxar Solar tllrr prove Rd!1;:I /C nisi SR48Median.Cros10,',P Pr, 1 SO 3' t S . t. l w516t�at i71e Guardrailr Vai,byl ie Guardrail • SR 1G4 �af�ty'Imptoyerltent tv?rolefx 15611!'A�e' S ,Ckah! �� i"►) "' UsE;39 rid St.. S n�dll t� l 196ih Ave s ,td 244tif • Ve fetv, Intl o,i rr n 2 f) 4 6 00 NMI 1111u Ouo,m141 tlinVMATRA July X402005 etnok Washington State W /�►' Dopartmont of Transportation CNila: ~~~~~ P'~~~~~~~~~---r.7">~" Fuel Taxes: A State-by-State Comparison December 31,2004 This State-by-State Fuel Tax Comparison report is published with the intent to assess and compare Washington's fuel tax to that of the other 49 states and the District of Columbia. Throughout the country, state and local governments impose a variety of cents-per-gallon taxes and taxes based on the retail or wholesale price of fuel, Some states also impose other environmental or business taxes that translate into cents-per -gallon charges at the pump. To determine how Washington compares, the Washington State Department of Transportation semi- annually analyzes data from other states to learn what taxes are imposed on fuel used by cars and trucks traveling on the nation's roads. The findings for the second half of 2004 place Washington's fuel taxes in the top 20 percent nationally, The national average state and local gasoline tax rate for this six-month period is 23 72rt per gallon. Washington's 28rt tax rate is similar to the other western states (Oregon 27.0rt, Idaho 25 Ott, and Montana 27 75rt) but still lower than states with congestion problems similar to ours (New York 35.22rt, California 33,1rt. and Florida 29A7rt), The findings also illustrate the complexity of fuel tax structures nationwide. This update of Fuel Taxes, A State-by-State Comparison reveals only minor changes from the previous report and covers the period from July 1, 2004 through December 31, 2004 Washington ranks 10th among the 50 states and the District of Columbia for combined state, federal, and local gasoline taxes, A majority of the states (34) have combined fuel tax rates that fall within the 20rt to 30rt range, seven states fall into the 30rt to 40rt range, and the remaining ten have combined fuel tax rates under 20rt. Since the June 2004 report, twelve states have had changes to their fuel tax rates. The accompanying tables detail the states, the change and the reason for change. The information in this report is gathered primarily from the Commerce Clearing House (CCH) State Tax Guide, Statute Summaries. In addition, data was supplemented with information supplied by individual states, official DOT websites and telephone interviews with officials in selected states. States that Experienced Increases State Change Reason for Change California 0.694 Increase in the average cost oHuel causing sales tax amountto increase. Georgia 0.74~ Increase in the average cost of fuel causing sales 1ax amoumto increase. Hawaii 0.494 Increase in the average cost oHuel causing sales taxamountto increase. Indiana 0.62~ Increase in the average cost oHuel causing sales 1ax amount to increase. Maine 0.604 Innation increase in state excise tax. New York 1.80~ Quarterly adjustment to the sales tax component. North Carolina 0.304 hlnual adjustment to the wholesale component Ohio 2.00i Scheduled increase in excise tax. Pennsylvania 0.70~ Increase in the Oil Franchise Tax (based on the wholesale price of gas). Virginia 025~ Increase in the average cost of fuel causing sales tax amount to increase. States that Experienced Decreases State Change Reason for Change Texas -0.604 Decrease in the Texas Petroluem Product Delivery Fee. West VIrginia -O.30~ Mnual adjustmentlo the consumer sales and use tax. State by State Combined State and Local Tax Rate Comparison December 2004 HaI'.aii 1 lIIirois2 New York 3 Nevada 4 Califonia5 Wsconsin6 Rrode Island 7 Flo rtcla 8 niana 9 Wlshingon 1) Mortanal1 Oregon '2 pemsy!varia 13 Qjo 14 M ajre 1) Neb'aska 13 IJIkst Virgria 17 M icligan 13 Idaro 1) Correcticut 20 North Ca"olina 21 Uah Z2 Kansa$ 23 Smth Dakota 24 M aty!and 25 Defav,are 26 ColoraOO 27 Minnesota 28 Arkansa$ 29 Vifljria 30 Temessee31 Mississippi 32 Iov.a 33 North Dakota 34 M assacOOsetts 35 Texas 36 LDLisiana 37 Georgia 38 VeTTOOrt 39 Dist of CollnlOOl 40 AIabarra 41 New Hampshire 42 Ariza na 43 NEWMe>dco 44 Missoui 45 O<Iahoma 46 SOI.th Carolinq 41 Kentu::ky 48 New Jersey 49 Wpmirgffi Alaska 51 40.31s!- I 39.00i 35.22i I 33.81i 1 33.14i I 32.10i 31.00i , 2947i 28A2<t .~(<-._ ~ ~~_~~.,d.;.::!~. ~.<..<::1~~:?~+--_" ,--;':"~_-;:--~"''''- -. "';:""~~'i :.~<&~...-" 41_~.- - ~~_.- :;::;; 28.0Q4; 27.75i 27.00i 26.70i 26.0Di 25.45<t 25.4Di 25.3S<t 25.28~ 25.00~ 25.00i 24.85<t 24.5Di 24.03i 24.00j 23.52i 23.00i 22.63i 22.09i 21.7Q<t 21.S3i 21.4O<t 21 4O<t 21.30<t 21.03t 21.00i I 20ADi I 20.38<t 20.04i 20.00i 20.00i 20.00<t 19.5Q<t 19.0Q<t 118.88i 17.35i I 17.00i 16.75<t 16.4Oi . 14.54i 14.0Oi Di 5't 8.DQi 10i 15't 2Di 25<t 30i 35i 40i 45<t ~ Transportation Committee July 25, 2005 11m Haggerton, ChaIr, Joe Duffie, Pam Carter Jim Morrow, FralL.~ Inarte, Gall Labanara, Robm Tlschmak 1. Green River Valley Signal Interconnect Proiect Completion and Acceotance Totem Electric completed the installation of fiber optic cable WIth five chfu'1ge orders that upgraded the fiber to 36 strands and added the connection to Mmkler Shops for the new Traffic Operations Center. Jim H asked if there was a standard fiber SIze and was told no, that 36 is a lot but JIm M told him we can not have more capacity than what is needed. Frank added that 36 strands seems large now, but m a few years it may not be enough capacity. ThIs project had our in-house constructIOn management team, which resulted in over $28,000 m savings. The project has been approved, and is ready for final acceptance. Recommend cont~act approval on consent agenda of a Regular Meeting. 2. TransDortation Funding Update Pam Carter attended the Puget Sound RegIOnal CouncIl and obtained tIllS packet on the Nickel Package and the new 2005 funding. The 2005 transportation funding has a chart of the gas tax progression through 2008 as well as the new weight fees and the increase in drivers' license services as well as license plates. The average driver wIll be paying approximately $309.08 in gas ta.,"'{es and state license fees m 2005 There IS a descnption of how the funds will be dIstributed (for cities Its based on populatIOn) and a lrsting of programs and proJects. The majonty of the King County funds will go towards safety and then congestion. The last page is a state by state comparison of fuel taxes and Washington is currently number lO from the highest. Committee recommends forwarding to COvV as information for the entire Council. Committee ChaIr approvatli Minutes by GL / COUNCIL A ENDA Siwosi del �j J .as.�c �s I {t ITEMNO. tttal ,z „.4011: i y Meeting Date .P pared by 1 Mayor;r review Council review tir w. f 08/22/05 E I> B I 1 eau 1 90 8 1 1 1 1 ITEM INFORMATION I CAS NUMBER: 05-117 1 ORIGINAL AGENDA DATE: 08-22 -05 AGENDA ITEM TITLE Proposed ordinance adopting gambling offenses, by reference, from the Revised Code of Washington (RCW). CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date Mtg Date Mtg Date Mtg Date 08-22-05 A4tg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S Proposed ordinance adopts by reference certain sections of the RCW relative to SUM fARY misdemeanor gambling offenses. Currently prosecuted in King County, such offenses would be prosecuted in the Tukwila Municipal Court if Council adopts the ordinance. The proposed ordinance is endorsed by the Washington State Gambling Commission. REVIEWED BY COW IVItg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: Finance Safety Committee meeting 08 -15 -05 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt proposed ordinance as presented. COMMIT I E Same as sponsor. COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments. I MTG. DATE 1 RECORD OF COUNCIL ACTION I 08 -22 -05 I i 1 MTG. DATE 1 ATTACHMENTS 08 -22 -05 I Memorandum dated 08 -11 -05 from Peter Beckwith to Finance Safety Committee I Proposed ordinance draft format It 5 111111,1 d.n t0 i /n/(6 (Draft) 1 J 1 1 1 INFORMATION MEMO To: From: Date: Subject: Finance and Safety Committee Peter Beckwith ~ \ \ August 11,2005 Gambling Ordinance ISSUE Whether the City should adopt by reference RCW sections relating to misdemeanor gambling offenses in order for the City to prosecute these offenses? Currently these offenses are prosecuted by King County. BACKGROUND This is the second presentation ofthis issue, prompted by The Washington State Gambling Commission, requesting that the City adopt RCW sections relating to gambling offenses in order for the City to enforce State law. When initially presented on May 16, 2005, the Committee requested additional information on this issue regarding: 1) what other cities are doing; 2) what additional costs \yould be incurred by the City; and 3) whether more sections ofthe RCW relating to gambling should be adopted. DISCUSSION/ANALYSIS/ALTERNATIVES The following are answers to the questions raised by the Committee: 1) Upon a brief survey of neighboring jurisdictions, Burien, SeaTac and Des Moines have adopted by reference RCW sections pertaining to gambling; whereas, Renton and Auburn have not. 2) It is unclear what the additional costs of enforcing these provisions would be although it would likely be de minimis. The City Prosecutor believes that she has declined about 10 of these types of cases in the last year due to the CIty'S lack of jurisdiction. The impact that these cases would have on the Prosecutor's caseload would be negligible. 3) The Washmgton State Gambling Commission has requested that the City adopt RCvV 9.46.196 (Cheating - Defined) and .1962 (Cheating in the second degree). The City Attorney has included additIOnal gamblIng sections that are applicable to the CIty. Sections not included relate primarrly to crimes that the City cannot enforce such as felonies and sections pertaining to the Washington State Gambling Commission. Special Agent 'Dmmy Lisa of the Washington State Gambling Commission will be in attendance to answer any additional questions the Committee may have in relation to this proposed ordinance. RECOMMENDATION Adoption of the Gambling Ordinance. Attachments: Draft Gambling Ordinance ill)ill&~u XX)()((?} = TMC section number and title may change pending approval by staff codification specialist AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWJ:LA, \-VASf!~G~q~!c:~~ATING 'I~Q~~9':tPN 8~lUJ>9~NUH:';1~tv::Qlit~N~F~/t';(!J AND ADOPTING BY REFERENCE c;ERTAIN SECTIONS OF THE REVISED CODE OF WASHINGTON RELATIVE TO MISDEMEANOR GAMBLING OFFENSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in the interest of the public health, safety, and welfare, the City Council of the City of Tukwila desires to adopt by reference certain gambling offenses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Gambling Offenses Adopted. mG:~sti<i~t3/zr,:-'hG~~!fu.g:Off~ps~s;"_ (?) is hereby created to read as follows: The following statutes of the State of Washington, as presently constituted or hereinafter amended, are adopted by reference: RCW 9 46.010 RCW 9 46.0201 RCW 9 46.0205 RCW 9 46.0209 RCW 9 46.0213 RCW 9.46.0217 RCW 9 46.0221 RCW 9 46.0225 RCW 9 46.0229 RCW 9 46.0233 RCW 9 46.0237 RCW 9.46.0241 RCW 9 46.0245 RCW 9 46.0249 RCW 9 46.0253 RCW 9 46.0257 RCW 9 46.0261 RCW 9 46.0265 RCW 9.46.0269 RON 9 46.0273 RCW 9.46.0277 RCW 9 46.0282 RCW 9 46.0285 RCW 9 46.0289 RCW 9.46.190 RCW 9 46.193 RCW 9 46.195 RCW 9 46.196 Legislative declaration. " Amusement game." "Bingo." "Bona fide charitable or nonprofit organization." "Bookmaking." "Commercial stimulant." " Commission." "Contest of chance." "Fishing derby" "Fund raising event." "Gambling." "Gambling device." "Gambling information." "Gambling premises." "Gambling record." "Lottery " "Member," "bona fide member" "Player." "Professional gambling." "Punch boards," "pull-tabs." "Raffle." "Social card game." "Thing of value." fIWhoever," Ifperson.1I Violations relating to fraud or deceit. Cities and to-wns - Ordinance adopting certain sections of chapter - Jurisdiction of courts. Obstruction of public servant - Penalty Cheating - Defined. Gambling Offenses PB:bjw 8/17/05 1 RCW 9 46.260 Cheating in the second degree. Working in gambling activity without license as violation - Penalty Enforcement - Commission as a law enforcement agency O\'mership or interest in gambling device - Penalty - Exceptions. Gambling records - Penalty - Exceptions. Professional gambling in the third degree. Gambling devices, real and personal property - Seizure and forfeiture. Slot machines, antique - Defenses concerning - Presumption created. Gambling information, transmitting or receiving. Gambling property or premises - Common nuisances, abatement - Termination of interests, licenses - Enforcement. Proof of possession as evidence of knowledge of its character RCW 9 46.1962 RCW946.198 RCW 9 46.210 RCW 9 46.215 RCW 9 46.217 RCW 9 46.222 RCW 9 46.231 RCW 9 46.235 RCW 9 46.240 RCW 9 46.250 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, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such invalidity, unconstitutionality or pre-emption 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 and effect five (5) days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2005 Steven M. Mullet, Mayor ATTEST/ AUlliENTICATED' Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM. By Office of the City Attorney FILED WITH THE ClTY CLERK: PASSED BY THE ClTY COUNCIL. PUBLISHED' EFFECTIVE DATE. ORDINANCE NO Gambling Offenses PB:bjw 8/17/05 2 DR fT Fmance & Safety Committee Meeting of August 15, 2005 Attendance: Denms Robertson, Chair; Pam Carter, Dave Fenton Rhonda Berry, Jim Morrow, Peter Beckwith, Kevin Fuhrer, Danny Lisa- Washmgton State Gambling Commission )(<1. Proposed Ordinance Regarding Cheating In Cardrooms, Mmi-Casmos, and Gambling Establishments Summary: Peter briefed the committee on the draft ordinance and the underlying purpose associated with the proposed document. Essentially the King County Prosecutor's Office will not prosecute Tukwila gambling violations and by adopting the state statutes by reference, prosecutIOn may occur for violations occurring within our jurisdiction. In the absence of an ordinance, it makes it difficult for the gambling commission to enforce the law. The City experiences approximately 10 cheating cases a year. Recommendation: Refer proposed ordinance to the Committee of the Whole. 2. Proposed Financial Policies Summary: The committee approved the proposed changes related to polIcIes FP-8 and GF-5. Additional changes were proposed- specifically to policy FP-4 by addmg "Project" to the start of the first sentence, and to the draft memo dated August 11, 2005, Other General Financial Policies, last sentence to read "Furthennore, it mtroduces new elements and fonnalizes the existing process related to grant application." With respect to the policies addressing grants, Pam Carter requested that Kevin poll the departments to ascertain what if any impacts may be felt as a consequence ofthe draft policies and to report the fmdings when the policies are reviewed by the Committee of the Whole. On the sample projected debt capacity chart Dennis Robertson suggested that "non-voted, councilmanic" be added to the chart heading for clarity purposes and to change the specific project reference to a hypothetical project. Recommendation: Refer draft policIes to the Committee of the Whole with the additional aforementioned changes. Committee Chair Approval Minutes Prepared By Kevin A. Fuhrer for Lucy Lauterbach in absentia DRAFT COUNCIL AGENDA SYNOPSIS t J ,9 Inetrars ITEM No. I 1 12 I'Ieetini Date 1 Prepared by illayor;r review 1 Connor! review a: +8i i 08/22/05 1 KAF 1 t -t 1 i 1 ''1, 4 ....if 1 I c--- t.„ -1-9-cii 1 3 C. 1 1 1 I ITT M INFORMATION= CAS NUMBER. 05-118 I ORIGINAL AGENDA DAIE. AUGUST 22, 2005 AGENDA ITEM TITLE Review of Draft Financial Policies CATEGORY Dzscusszon Motion Resolution Ordinance ['Bid Award Public Hearing Other Mtg Date 08/22/05 Mtg Date Mtg Date illtg Date Mtg Date IvItg Date Mtg Date SPONSOR Council Mayor Adrn Svcs DCD Finance Fire Legal P&R Police PIY/ SPONSOR'S Attached for review are draft financial policies related to debt, the Financial Planning SUMMARY Model, and policies of a general financial nature. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte 111 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: Multiple dates with latest, y it "1 on August 15, 2005 RECOMMENDATIONS: J SPONSOR /ADMIN Forward to the Committee of the Whole for review. COM II11EE Same, I COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source. Comments MTG. DATE RECORD OF COUNCIL-ACTION =MTG. DATE I ATTACHMENTS 2 Cover Memo from Finance Director I Draft Financial Policies I Finance Safety Committee Meeting Minutes Ai to 2271f5 (Draft) I To: Committee of the Whole From: Kevin A. Fuhrer, Finance Director tIL Date: August 11, 2005 Subject: Draft Financial Policies For the past several months, the Finance and Safety Committee has engaged in the development of policies related to debt, the Financial Planning Model, and other general financial matters. The draft policies represent either a formalization of our past and current standards or the introduction of a reasonable business practice. This representation is outlined in greater detail for the 3 policies areas as follows: Debt Policies: ./ Legal Debt Limit: This formalizes the processes that have been employed in the past as bond issuance was considered ./ Practical or Fiscal Limitations: This section represents a formalization of past practice. ./ General Debt Policies: This section formalizes past practice and introduces a hierarchial preference for the type of debt Issuance. Financial Planning Model Policies: ./ Generally the draft policies were lifted from the 6- Year Financial Planning Model and Capital Improvement Program. ./ In addition, this policy section formalizes past practice. ./ For cash management and long range financial planning prudence, a new policy measure within this band is the introduction of a fund balance "floor" that may not fall below $3 million. ./ Finally, the matter of utility rate increases and the pass through of external agency rates (i.e. King County) are addressed in a formal policy format. Other General Financial Policies: ./ Largely this policy section formalizes past practice and sets specificity with respect to activities and timelines. ./ Furthermore, it introduces new elements and memorializes the existing process related to grant application. I look forward to reviewing the draft policies with you at the August 22, 2005 meeting of the Committee of the Whole. ww&~u CITY OF TUKvVILA Debt Policies The Debt PolIcies can be segregated into three areas: Legal Debt lImIts, Practical or Fiscal limits and General Debt policIes. A. Legal Debt Limit - The Revised Code of Washington (RCW 39.36) establishes the legal debt limits for cities. Specifically, this RCW provIdes that debt cannot be incurred in excess of the following percentages of the value of the taxable property of the City: 1.5% without a vote of the people; 2.5% with a vote of the people; 5.0% with a vote of the people, provided the mdebtedness in excess of 2.5% is for utIlItIes; and 7.5% with a vote ofthe people, provIded the indebtedness in excess of 5.0% is for parks or open space development. A sample schedule for the current 12 year period is attached to demonstrate the impact certain projections would have on debt capacIty limitations. Policy DP-1 - Prior to issuing any long-tenn bonds, the Administration must provIde an impact analysis over the life ofthe new bonds. Bond issues must be approved by the City Council. B. Practical or Fiscal LImitations - More important than the legal limitations is the practical or fiscal limitations, i.e. ability to repay borrowed funds. Policy DP-2 - Long-tenn debt cannot be issued pnor to reviewing the impact on the Six Year Planning Model and its policy guidelmes. The impact of other potential bond issues shall be considered. Policy DP-3 - Fiscal Policy for large developments. To be detennined. C. General Debt Policies Policy DP-4 - The City will be cognizant of the critena used by rating agencies to maintain the highest possible bond rating. Policy DP-5 - Assessment Debt (LID) is preferred to General debt. Policy DP-6 - Debt Issuance will confonn to IRS regulatIOns and avoid arbitrage consequences. wroJfA\Rl? W Lid L~ tr u CITY OF TUKWILA Financial Planning Model Policies The Six-Year Financial Planning Model and Capital Improvement Program is the primary financial policy document. It represents the culmination of all financIal policies. Revenues Policy FP-1 - Revenues will be estimated on a conservative basIs. Increases greater than mflation ill Attachment A, Total Revenues and Expenditures, will require additional documentation. Policy FP-2 -Major revenue sources will require explanation in Attachment A-I, Notes to Revenues. Operations & Maintenance ExpendItures Policy FP-3 - Expenditures for the General Fund operations (Attachment B, General Fund Operations & Maintenance Expenditures) will only include basIc mflationary increases at the beginning ofthe budget preparation process. Proposed increases in programs or personnel will require an issues and options paper and Council approval before being added to the operations & maintenance expenditures estimate. Capital ExpendItures Policy FP-4 - Project capital grants with local matching requIrements can only be applied for with express approval by the City Council. Grant applications shall be made only for projects hsted in the six-year Capital Improvement Program. Pohcy FP-5 - If the proposed grants or mitigation are either not funded or are reduced, the respective proj ect will be re-evaluated on the basis of its value and priority level placement in the Capital Improvement Program. Policy FP-6 - The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries ofthe improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Fund Balances Policy FP-7 - The General Fund will maintain a designated $1,100,000 "Rainy Day Fund" balance that is not included in Attachment A, Total Revenues & Expenditures, of the SIx-Year Planmng Model. Furthennore, in order to assure a minimum cash flow scenario the Accumulated Totals wIthm the SIX -Year Planning Model may not recede below $3,000,000 in Attachment A, Total Revenues & Expenditures. Policy FP-8 - If compliance with Policy FP-7 is at risk; the Administration will provide a list of revenue options, service level/program reductions or capital project deferrals for City Council consideration. Enterprise Funds Policy FP-9 - Each Enterprise Fund will be reviewed annually and it must have a rate structure adequate to ,meet its operatIOns & mamtenance and long-tenn capital requirements. Policy FP-l 0 - Rate increases should be small, applIed ftequently, and staggered to avoid an overly burdensome increase and undue impact m any given year. Policy FP-ll- Rate increases of external agencies (i.e. King County secondary wastewater treatment fees) will be passed through to the users of the utilIty. f[;l! UJ~' m. ~ c-:Ju I, r- ' II L:J 'J n CITY OF TUKWILA Other General Financial Policies Policy GF-l- The City's vanous user charges and fees will be reviewed at least every three years for proposed adjustments based on servIces provided and comparisons with other jurisdictions. Policy GF-2 - The Fmance Director will provide a financial status update at least quarterly. Policy GF-3 - Budget amendments during the year will be approved by budget motion until the end ofthe budget year, when a formal comprehensive budget amendment is subIll1tted. Policy GF-4 - Interfund loans will be permissible If practical. Interest rates will be computed based on the annual average of the State Investment Pool earnings rate. Policy GF 5 - The CIty shall, whenever practical and advantageous, take advantage of grants, loans, or other external financing sources. With the exception 0 f capital improvement program grants requiring a local match, staff shall report to and seek the approval of the appropriate council committee before fmalizing the grant. Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CITY OF TUKWILA Projected Debt Capacity 2003-2015 AV Non-Voted Debt x 1.5% $50,760 51,780 52,810 53,865 57,945 60,270 62,670 65,175 67,785 70,485 73,320 76,305 79,305 Net Remaining Capacity $24,401 26,615 28,906 31,274 36,729 30,486 34,788 39,295 44,007 49,057 54,242 59,477 64,927 *Growth rate up to 3.591 at 2%. Additional $.200 m2007 then 4% growth rate thru 2015 ** An additIOnal $10,000,000 is borrowed for Tukwila Terrific Gateway. (Billion Actual) $3.384 3.452 3.521 3.591 3.863* 4.018 4.178 4.345 4.519 4.699 4.888 5.087 5.287 Debt Outstandin2 $26,359 25,165 23,904 22,591 21,216 29,784** 27,882 25,880 23,778 21,428 19,078 16,828 14,378 r\D AIPT L~if~& '. r M Fmance & Safety Committee Meetmg of August 15,2005 Attendance: Dennis Robertson, Chair; Pam Carter, Dave Fenton Rhonda Berry, Jim Morrow, Peter Beckwith, Kevin Fuhrer, Danny Lisa - Washmgton State Gambling Commission >r 2. 1. Proposed Ordinance Regarding Cheating In Cardrooms, Mini-Casinos, and Gambling Establishments Summary: Peter briefed the committee on the draft ordinance and the underlying purpoSe associated with the proposed document. Essentially the King County Prosecutor's Office will not prosecute Tukwi1a gambling violations and by adopting the state statutes by reference, prosecution may occur for violations occurring within our jurisdictIOn. In the absence of an ordinance, it makes it difficult for the gambling commission to enforce the law. The City experiences approximately 10 cheating cases a year. Recommendation: Refer proposed ordinance to the Committee of the Whole. Proposed Financial Policies Summary: The committee approved the proposed changes related to policies FP-8 and GF-5. Additional changes were proposed- specifically to policy FP-4 by adding "Project" to the start ofthe first sentence, and to the draft memo dated August 11,2005, Other General Financial Policies, last sentence to read "Furthermore, it introduces new elements and f01111a1izes the existing process related to grant application." With respect to the policies addressing grants, Pam Carter requested that Kevin poll the departments to ascertain what if any impacts may be felt as a consequence ofthe draft policies and to report the findings when the policies are reviewed by the Committee ofthe Whole. On the sample projected debt capacity chart Dennis Robertson suggested that "non-voted, councilmanic" be added to the chart heading for clarity purposes and to change the specific project reference to a hypothetical project. Recommendation: Refer draft policies to the Committee of the Whole with the additional aforementioned changes. Committee Chair Approval Minutes Prepared By Kevin A. Fuhrer for Lucy Lauterbach in absentia D;~ ~[-ff~ 1["3 :r'!iJ IrS COUNCIL AGENDA Sosis O ff f 010- Imte ITE als MNO. �1 I r 1 Meetznn Date Prepared by, 1 Mayors revze2v Council review .ei f I 8/22/05 1 Fl 'K 1 1 L 1 1908 j `x O.. 1 1 1 1 ITEM INFORMATION CAS NUMBER: 05-119 I ORIGINAL AGENDA DATE. AUGUST 22, 2005 1 AGENDA ITEM TITLE Ordinance for Clearwire Communications Franchise Agreement I CAI'LGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other Mtg Date Mtg Date Mtg Date ilitg Date 8/22/05 Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIP SPONSOR'S Clearwire Communications is building an extensive network that will provide fast, SUAMIARY affordable wireless broadband Internet service to residential and commercial customers throughout the Puget Sound area. Clearwire is proposing to install wireless facilities within the City's right -of -way that consist of panel antennas and microwave panels on utility poles. Installation of wireless facilities in the City right -of -way requires a franchise agreement. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/16/05 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Ordinance of Franchise Agreement with Clearwire. COMMITTEE Forward to COW and Special Meeting with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/22/05 I I MTG. DATE 1 ATTACHMENTS 8/22/05 I Information Memo dated August 9, 2005 Ordinance Utilities Committee Meeting Minutes from August 16, 2005 I I I I INFORlVIA TION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Director~ August 9, 2005 Franchise - Clearwire Communications ISSUE Should the City grant Clearwire Communications a franchise to install, maintain, and operate wireless facilities within the City's right-of-way? BACKGROUND Clearwire is a new wireless internet carrier that is based out of Kirkland, Washington. The telecommunications company is building a very extensive, high quality network that will provide fast, affordable wireless broadband internet service to residential and commercial customers throughout the Puget Sound area. DISCUSSION To support its wireless system, Clearwire is proposing to install wireless facilities within the City's right-of-way. Wireless facilities will consist of panel antennas and microwave panels secured on new or existing structures such as utility poles. The height above ground of the utility pole and antenna/microwave system is approximately 54 feet. The antenna system will have associated coax cable running down the pole to an equipment cabinet that would be installed in the right-of-way adjacent to the utility pole. Installation of wireless facilities in the City rights-of-way requires a franchise. In consultation with the City Attorney's Office, staff has completed a fInal draft Franchise Agreement (attached) for Council consideration. The document incorporates provisions of the recently adopted City of Tukwila Right-of-Way Use Code. RECOMMENDATION Forward to Utilities Committee, Committee of the Whole, and Regular Council for franchise approval/disapproval determination. attachment: Draft Franchise Agreement (P:alict\UtiIides Committee- C1ea.t\trirt Fr.m:hise) [IDwffi~u AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO CLEARWIRE CORPORATION, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING, OPERATING, AND MAINTAINING A WIRELESS TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISIDNG AN EFFECTIVE DATE. WHEREAS, Clearwire LLC, a Nevada limited liability company, hereinafter referred to as "Clearwire," is a wireless teleconununications company that among other things, provides advanced wireless voice and data services to customers, including those in the Puget Sound Region, and WHEREAS, Clearwire's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a wireless system that includes antennas mounted on utility poles; and WHEREAS, the City Council has determined that the use of portions of the City's rights- of-way for installation of wireless system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services, and WHEREAS, the City Council also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights- of-way is necessary to ensure that the burden of costs for the operations of non-municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant, and regulate nonexclusive franchises for the use of public streets, right-of-ways, and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non-exclusive Franchise Granted. A. The City hereby grants to Clearwire, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a wireless telecommunications facility within the City-owned rights-of-way generally described in Exhibit A, and hereinafter referred to as the "franchise area" B. Such Franchise shall not be deemed to be exclusive to Clearwire and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to Clearwire, provided, that such other franchises do not unreasonably interfere with Clearwire's exercise of franchise rights Cleanuire franchise 8-05 FI:bjs 1 granted herein as determined by the City This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent, the City from using the franchise area or affect the City's jurisdiction over such area in any way Section 2. Authority The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein. J Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of three years from the effective date of this ordinance. This Franchise shall not take effect and Clearwire shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If Clearwire requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to Clearwire prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B Failure on the part of Clearwire to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. 1 Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, Clearwire shall within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. 2. Coordination. All capital construction projects performed by Clearwire within the franchise area shall be inspected by a City inspector All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. 3 Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for Clearwire within the franchise area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. 4. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in vvriting, by the Director of Public Works. 5 Relocation. a. Within 90 days following written notice from the City, Clearwire shall, at its own expense, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right-of-way whenever the City has determined that such removal, relocation, under grounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any City or other public improvement in or upon the rights-of-way Cleanuire franchise 8-05 FI:bjs 2 b Clearwire may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. Such alternatives shall include the use and operation of temporary transmitting facilities in adjacent rights of \vay The City shall evaluate such alternatives and advise Clearwire in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, Clearwire shall submit additional Information to assist the City in making such evaluation. The City shall give each alternative proposed by Clearwire full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Clearwire shall relocate its facilities as otherwise provided in this section. 6. Removal or Abandonment. Upon the removal from service of any wireless service antennas or other associated structures, facilities and amenities, Clearwire shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by Clearwire may be abandoned without the express written consent of the City 7 Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Clearwire shall upon the request of the City, furnish a bond executed by Clearwire and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Clearwire's obligations under this Franchise Agreement. At Clearwire's sole option, Clearwire may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City The bond shall be conditioned so that Clearwire shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective work or materials discovered in the City's roads, streets, or property 8. "One-Call" Location & Liability. Clearwire shall subscribe to and maintain membership in the regional "One-Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to Clearwire's system components or for interruptions in service to Clearwire customers which are a direct result of work performed for any City project for which Clearwire has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One-Call. The City shall also not be liable for any damages to the Clearwire system components or for interruptions in service to Clearwire customers resulting from work performed under a permit issued by the City 9 As-Built Plans Required. Clearwire shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close-out of any permits issued by the City and any work undertaken by Clearwire pursuant to this Franchise Agreement. The City shall determine the acceptability of any as-built submittals provided under this section. 10 Recovery of Costs. Clearwire shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Clearwire shall pay such reasonable costs and expenses directly to the City 11 Vacation. If, at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to Clearwire , terminate this Franchise Agreement with reference to such City road, right-of-way Cleanvire franchise 8-05 FI:bjs 3 or other City property so vacated, and the City shall not be liable for any damages or loss to Clem'wire by reason of such termination other than those provided for in RCW 35 99 Section 6. Franchise Compliance. A. Franchise Violations. The failure by Clearwire to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City which describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If Clearwire has not attained full compliance at the end of the 30 day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 day period. B Emergency Actions. 1 If any of Clearwire's actions, or any failure by Clearwire to act to correct a situation caused by Clearwire, i~ deemed by the City to create a threat to life or property, the City may order Clearwire to immediately correct said threat or, at the City's discretion, the City may undertake measures to correct said threat itself; provided that, when possible, the City shall notify Clearwire and give Clearwire an opportunity to correct said threat before undertaking such corrective measures. Clearwire shall be liable for all costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by Clearwire and shall further be liable for all costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City The failure by Clearwire to take appropriate action to correct a situation caused by Clearwire and identified by the City as a threat to public or private safety or property shall be considered a violation of franchise terms. 2. If during construction or maintenance of Clearwire's facilities any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, Clearwire or its contractor shall immediately call 911 or other local emergency response number C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of Clearwire's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and/ or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, Clearwire shall at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow Clearwire to abandon its facilities in place. Section 7. Insurance. A. Clearwire shall maintain liability insurance written on a per occurrence basis during the full term of this franchise for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tuhvila Municipal Code. B Such insurance shall specifically name as additional insured, the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City Notice shall be by certified mail, return receipt requested to the City C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Clem'wire franchise 8-05 FI:bjs 4 Section 8. Other Permits & Approvals. Nothing in this Agreement shall relieve Clearwire from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably vvithheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title, or interest in Clearwire's wireless system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise, or if such transfer is from Clearwire to another person or entity controlling, controlled by, or under common control with Clearwire. B In any transfer of this franchise which requires the approval of the City, Clearwire shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any administrative costs associated with a transfer of this franchise which requires the approval of the City, shall be reimbursed to the City within 30 days of such transfer Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. Clearwire does hereby warrant that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065. B Clearwire shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of City's right-of-way Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after franchise approval. C. In the event Clearwire submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review, or inspection, Clearwire shall reimburse City for franchise amendment and expenses associated with the project. Clearwire shall pay such costs V\rithin 30 days of receipt of bill from the City D Failure by Clearwire to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or Clearwire shall be delivered to the following addresses respectively- City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, W A 98188 Clemwire franchise 8-05 FI:bjs 5 CLEARWIRE LLC, a Nevada limited liability company Attn. Property Manager 5808 Lake Washington Blvd NE, Suite 300 Kirkland, WA 98033 With copy to' CLS Group Attn. Brian Wade 8259122nd Avenue NE, Suite 250 Kirkland, W A 98033 Section 12. Claims for Damages. A. Clearwire shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities. Clearwire shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of Clearwire, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Clearwire by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to Clearwire's obligation pursuant to this section, the City shall within a reasonable time notify Clearwire thereof and Clearwire shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to Clearwire's obligation pursuant to this section, the City shall promptly notify Clearwire thereof, and Clearvvire shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, Clearwire may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require Clearwire to: 1 protect and save the City harmless from any claims, actions, or damages, 2. settle or compromise any claim, demand, suit, or action, 3 appear in or defend any suit or action, or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B To the extent of any concurrent negligence between Clearwire and the City, Clearwire's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. Section 13. Severability If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may, at its sole option, deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance, provided that, if the City elects to enforce the remaining provisions of the ordinance, Clearwire shall have the option to terminate the Franchise Agreement. Section 14. Indemnification. Except to the extent that any claims, liability, loss, cost, judgments, or damages are due to the negligence or intentional acts of the City, its employees, agent or independent contractors, Clearwire agrees and covenants to indemnify, defend and Cleanoire franchise 8-05 FI:bjs 6 hold harmless the City, its officers, employees, agents, and representatives from and against .any and all claims, liability, loss, cost, judgments, damages, whether to persons or property, or expense of any type or nature, including reasonable attorney's fees and expert witness fees, to the extent it arises from any negligent act or omission or willful misconduct of Clearwire, its successors and assigns arising from or connected to Clearwire work under this Franchise, provided however, that in case any suit or action is instituted against the City by reason of any such damage or injury, City shall. 1. cause written notice thereof to be given unto Clearwire; and 2. provide all reasonably requested assistance in defense or settlement of such claim at Clearwire's expense; and 3 retain the right to control the defense or settlement of such claims. Section 15. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. Clearwire shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 17. Future Rules, Regulations, and Specifications. Clearwire acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City Such regulations, upon written notice to Clearwire, shall thereafter govern Clearwire's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect Clearwire's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to Clearwire and other similar user of such facilities. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law PASSED BY THE ClTY COUNClL OF THE CITY OF TUKWlLA, WASHINGTON, at a Special Meeting thereof this day of .2005. 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 Clearntire franchise 8-05 FI:bjs 7 EXHIBIT A FRANCHISE AGREEMENT CLEARWIRE COMMUNICATIONS Project Description: Clearwire plans to install wIreless broadband internet facIlIties wIthin the CIty right-of-way (ROW). Installations will generally consist of antennas and/ or microwaves placed on top of new or existing structures (i.e. utility poles) m the ROW. Average height above ground of the antennas IS approximately 54 feet. The antennas will have associated coax running down the pole to a base transceiver station (BTS). The BTS wIll be placed either in the ROW or on adJacent property to the ROW. Each installation will require power and telephone and/or microwave connectivity. IndIvidual installahons will vary depending on location and specific engmeering cnteria. Clearwire wIreless facilities are designed to be the least visually obtrusIve desIgn while meeting the coverage objectives and complIance with all applicable codes. The sites will be unmanned and will not require water, waste treatment or management of hazardous waste Minimal traffic would be generated during the construction phase while the crew is tI"aveling to and from the site. Existing access and parking will be utilized, no vehIcular access to the equipment area IS necessary after complehon of construction. After construchon is completed, there would be approximately one visit per month by a field engmeer for routine maintenance. Facilities Location and Standards: Clearwire wireless facilities will initially be located m the vicmity of the south end of 57th Avenue and south of South 150th in Tukwila, W A, on Puget Sound Energy utility pole number 317394-164678. The need for new sites IS dIctated by market demand, capacity, coverage reqUIrements for a particular geographic area, and the radio frequency hand-off from one site to another m order to achieve seamless communications coverage. The selection and design of a specific PCS site is further refined by considering local topographIc and geographic factors, tree canopy, buildings, mountains, water bodies, the ability to mitigate the antenna support structure's visual impact, compatibility of the facility with existing land uses, and space availability. Because PCS signals must travel in an unobstructed path from the facility to the user, the presence of any one or all of these factors can negatively influence the quality of transmissIOn and receptIon. The height and location of each Clearwire site is based upon the ability of the site to effectively functIon despite those obstacles. In addition, Federal Aviation Administration requIrements regulate the height of an antenna support structure near or on major airport facilities. In the event Clearwire decides to construct new wireless facilities, Clearwlre shall subffilt plans and obtain permits as required by Title 11 of the Tukwila Murucipal Code. City reserves the right to approve sihng, construchon standards, and specificahons of the new wireless facilities. Telecomnlunzcations Franchzse Exhibzt A Page 1 EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORM CLEARWIRE COMMUNICATIONS Date: City of Tukwila Attn: City Clerk's Office 6200 Southcenter Blvd. Tukwila, W A 98188 Re: Ordinance Adopted Dear Ms. Cantu: In accordance with and as required by Section _ of City of Tukwila Ordinance passed by the City Council and approved by the Mayor on (the "Ordinance"), Clearwire CommurncatIons hereby accepts the terms, conditions and obligatIons to be complIed with or performed by it under the ordinance. Sincerely, Signature Pnnted name/tItle Utilities Committee August 16, 200S Present: Dave Fenton, Chair; Joan Hernandez, Jim Haggerton JIm Morrow, Frank marte, Pat Brodm, Gail Labanara, Lucy Lauterbach, Bnan Wade, 'rValter Waid- Clearwire >k 1. Cleanvire Communications Franchise Agreement Dave introduced the tOpIC by welcoming Brian and Walter, and saying hIgh speed internet service provIders like them were very welcome in Tukwila. Clearwire is bUIlding a network of broadband wIreless connectlOns from Everett to Tacoma. They are currently workmg wIth 70 jurisdIctions to achieve coverage III the reglOn. They have asked to put wIreless facilities III the CIty'S nghts of way. The company IS mterested III property near the reservoir at the top of sih A venue in Tukwila. Antenna on utility poles will be approximately 54 feet high. Xoax cable would then run from the antenna to a cab met on the ground. The Clearwater representatIves likened the coverage of theIr system to a cell phone company. They said it would be especIally useful for sales and for delivery companies. A person would need a modem to use the system at the start, though in three years they anticipate moving to issuing a card to subscribing users who then wouldn't need a modem. Joan asked if the facilities would affect residents. J1lll M said the antenna emIt microwaves that have been found by the FCC to be safe. Jim H asked if It would Illterfere wIth our vIdeo system, and was told it would not. The franchise will run for three years. Recommend franchise agreement to COW and Special .Meeting August 23rd. 2. Federal Telecommunications Bill A bill that was defeated last year has again been introduced in the U.S. Senate this year. If enacted, it would have dIre consequences on control of our own rights of way, franchise agreements, and could reqUIre the CIty to let private industry control our signal Illterconnects, for example. Jim H noted there is already plenty of competItlOn in our right of way, and we don't need federal interference m that. Givmg total control of our right of way to a private company would be bad for the City. The Senate is working on a total re- write of the Federal TelecommunicatIOns Act, and if passed thIS bIll would be part of the Act. A'rVC has sent out an alert on the issue. Information~ lobby aj!ainst the bill. 3. Second Quarter Reports The Commitfee members questioned Jim M on the status ofthe Allentown sewers. He replied they will hear sometime this month about whether they got the Public Works Trust Fund loan needed to do the work. Cascade VIew work is proceedmg on schedule The first phase is 50% complete, and the neighborhood is cooperatmg. Reports approved. /"2 .---~ /:;/~- [ 4 Committee chair approval Minutes by L. Lauterbach SPECIAL MEETING CO U1 CIL A GENOA SYNOPSIS Inztzals o a' ITEM NO. 1 Go Meeting Date 1 Prepcorti by 1 Mayor' reaeu✓ 1 Comcil ieuew Special fiV 8/15/05 I LV Meeting 8/22/05 LV l; ITEM INFORMATION CAS NUMBER: 05-114 I ORIGL IALAGENDA DA LE: 8/15/05 AGENDA ITEM Tr"1 Decision on options, including condemnation, for acquisition of property west of Southcenter Parkway between S 180 St and southern city limits CATEGORY Discussion Motions Resolution Ordinance Bid Award x Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 8 -1 05 Mtg Date R-22-05 SPONSOR Council x Mayor Adm Sts x DCD Finance Fire Legal P &R Police PW SPONSOR'S ROW is needed for Southcenter Parkway, S 178 St and the north detention pond in SUN MARY order to construct the projects. Condemnation has been suggested as an option to obtain the ROW. Council needs to review the alternatives and make a decision on the appropriate alternative. REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. El Planning Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. Direct staff to prepare a resolution based on public hearing input COMMITTEE ICOST IMPACT FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments MTG. DATE RECORD OF COUNCIL ACTION 8/15 Opened public hearing, took testimony, continued hearing to 8/22 MTG. DATE ATTACHMENTS 8/22 Letter to Lisa Verner from Art McKean (Schoenbachler attorney) dtd 8/16 with map ATTORNEYS AT LAW f?po..,,,,. t::(..;Ejv - -~D J?i Ir, -., /ilj lJ ! 7.0 C-L, ')r;!'~ ;-. COiY'~ '- iJU'J Li~.J~tIJUNtr'/ oP/'tft:> . <::Ni AIKEN, ST. LOUIS & SILJEG, P.5 ARTHUR H MCKEAN 1200 NORTON BUILDING SOl SECOND AVENUE SEATTLE, WASHINGTON 98104 DIRECT LINE. (206) 654-1682 E-MAIL: MCKEAN@AIKEN.COM FACSIMILE. 206-623-5764 TELEPHONE. 206-624-2650 August 16,2005 Ms. Lisa Vemer CIty of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 Re: Proposed Re-Alignment of S. 178th St at Southcenter Parkway Dear Lisa: Several members of the City Council expressed an interest m understandmg how much of the Pasture License and how much of the House License areas would be lost under the latest proposal. I have prepared a diagram showing the area of the Pasture License and House License and the portion of that area taken away by the road and pond construction contained ill the latest proposal. The area ofthe Pasture License and House License taken away is highlighted in yellow. To be accurate, construction of the relocated Southcenter Parkway and the adjacent ponds leaves a portion of the Pasture License on the east side of the relocated street unaffected. As a practical matter, however, the proposal would sever the Pasture License area leaving the unaffected area on the east side of the new street inaccessible for the llamas and therefore useless for the Pasture License. I have therefore highlighted in yellow all of the Pasture License area lying WIthin the boundaries of the two relocated streets, plus the severed portion of the Pasture License area on the east side of the new street, whlch would be useless for pasturing the llamas. I estimate, based upon the enclosed diagram, that the proposal would take away at least 75% of the Pasture License and would surround the House License area with construction and excavation, rendering the residence uninhabitable. I will see you next Monday night. In the meantime, if you have any questions, please call. Y")ljery truly yours, , "} ~ Arthur H. McKean AHM:bjd Enclosure cc: Mr. Robert Schoenbachler (w/enclosure) L:\SCHOBO\segale\I\0816 verner.doc schobo.006 (4962-1-El) PARCEL - /16 HOUSE LICENSE PARCEL -IIA HOUSE UCENSE / / / / ~~ -.::;; <;y ,..,G ~ << ~~ , o f/) lfi' .sS V' $ ~ '. . . .' - ReCEiVeD 'AUG 1 7 2DDH COMMUNITY iJCVELOPMJ;Nr Tentative Agenda Schedule , MONTH MEETING 1"" M~,ErING~...,.. MEETING 3 - MEETING 4 - REGULAR ,:CO.W.". , ,- .REGULAR- CO.W. e ., -. August 1 8 15 22 See agenda packet cover sheet for this week's agenda Committee of the Whole Meeting to be immediately followed by a Special Meeting. Aug. 29 (Moll.) Special Meeting 6:00 PM Council Chambers Public Hearing: Proposed amendments to agreement between Pacific Commercial Properties and City of Tukwila for develop- ment of a multi-family condominium project within the transit- oriented development area of the Tukwila urban center Unfinished Business: Resolution on Tukwila South project issues. New Business: Information from Southwest Airlines representatives. Sept. 6 (Tuesday) 12 19 26 5'h_ Proclamation: Labor Day Proclamation designating (City offices Saturday, September 24, closed) Sept. 8 (Thurs~) 2005, as the annual "Mayor's Day of Spec:iaJ Meeting Concern for the Hungry " (Joiilt Cou1!cil/ Public Hearing: Plnnning Qnn1nissi()n' Vacating South 124th work. session) Street from East Time to be determined Marginal Way South to Council Chambers Tuhvila International Unfinished Business: Blvd. Transportation element. {Rescheduled from August 25, 2005.} October 3 10 17 24 3(/'_ Return to standard time 3is/_ Fifth Monday of the month- IIOCaUllcil meetiJlg scheduled Upcoming Meetings & Events AUGUST 2005 22nd (Monday) -,. Transportation Cmte, 5:00 PM (CR #1) 24th Nednesda' F ARt\-1ERS MARKET 14300 Tukwila Int'l. Blvd (acrossfrom Larry's Market) Every Wednesday (now through Sept. 28) 3:00 to 7:00 PM :;. Community Affairs & Parks Cmte, 6.00 PM (CR #3) Please note special day and time. }- City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) }- City Council Special Meeting (to immediately follow the Commil/ee of the Whole meeting) "lVlusic in the Park" FREE! 6.30 - 7:30 PM Cascade View Community Park (/4211 37th Ave. S.j This week's concert features Normando Brenis & Los de Rio. }- COPCAB, 6.30 PM (CR #5) ~ Court 26th (Fridav) 27th (Saturdav) Highway 99 Trash Pickup Day 9:00 - 10:00 AM For location call Donna at 206-242-5556 }- Lodging Tax Advisory Cmte, 12:00 NOON (Courtyard by l'v1arriol/ at Southcenter) }>- Planning Commission, 7:00 PM (Council Chambers) 29th (Monda ) -,. City Council Special Meeting) 6:00 PM (Col/ncil Chambers) 30th, (Tuesda . 31St FARMERS MARKET 14300 Tukwila Int'l. Blvd. (across from Larry's Market) Every Wednesday (extended thru Sept. 28) 3:00 to 7:00 PM PUBLIC MEETING Link Light Rail Construction Update 5.30 PI>! Foster Library ~ Court -,. Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Bums at 206-243-6506. -,. Arts Commission: 1st Tues., 5:00 PM. Tukwila Community Center Contact Kimberly Matej at 206-767-2342. -,. Chamber of Commerce's Tukwila Government and Community Affairs Committee: I st Tues., 12:00 Noon. Chamber Offices. Contact Nancy Damon at 206-575-1633. -,. Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to I :00 PM. Foster HS Main Parking Lot. :r City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 pm, Council Chambers at City Hall. );- City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM. Council Chambers at City Hall. -,. Civil Service Commission: 2nd Mon., 5:00 PM. Conf. Room #3. Contact Bev Willison at 206-433-1844 -,. Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM. Com. Room #3. Agenda items for 8/22/05 meeting. (A) Authorization ofCDBG application (2006 funds) for the TuklvilalSeaTac Minor Home Repair Program. }-COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM Cone. RID #5 Marja Murray (206-433-7175). -,. Crime Hot Spots Task Force: 3rd Wed., 10:00 AM. Conf. Room #5 Contact Marja Murray at 206-433-7175 -,. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon. Conf. Room #5. Contact Evie Boykan or Stacy Hansen at 206-433-7180. -,. Equity & Diversity Commission: 1st Thurs., 5.15 PM. Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834. -,. Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM. Conf. Room #3 ~ Highway 99 Action Committee: 2nd Tues., 7:00 PM. Tukwila Community Center Contact Chief Dave Haynes at 206-433-1812. :r Human Services Advisory Brd: 2nd Fri. of even months, 10:00 MI. Human Services Office. Contact Evie Boykan at 206-433-7180. :;. Human Services Providers: 11.30 AM. TCC. (tentative schedule: 3118. 6/17. 9/16. 12/2). Contact Stacy Hansen at 206433-7181. }>- Library Advisory Board: 2nd Tues., 7:00 PM. Foster Library Contact Bruce Fletcher at 206-767-2343 -,. Lodging Tax Advisory Committee: Every other month (or as scheduled), 12 NOON. Contact Katherine Kertzman at 206-575-2489 :r Parks Commission: 3rd Wed., 5.30 PM. Senior Game Room at Community Center Contact Kimberly Matej at 206-767-2342. ,. Planning CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7:00 PM. Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. ? Transportation Committee: 2nd & 4th Mon., 5:00 PM. Cone. Room #1 Agenda items for 8/22/05 meeting: (A) Klickitat project/ road closure. (B) Klickitat project/LID feasibility study C. Grant applications/Federal Transportation Enhancement Program and Transportation Improvement Board. (D) 2005 Second quarter reports. -,. Utilities Committee: 1st & 3rd Tues., 5:00 PM. Cone. Room #1 ~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).