HomeMy WebLinkAboutCOW 2013-08-12 COMPLETE AGENDA PACKETNNrL4 w4
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Tukwila City Council Agenda
❖COMMITTEE OF THE WHOLE • ❖
Jim Haggerton, Mayor Councilmembers: ❖ Joe Duffie ❖ Dennis Robertson
David Cline, City Administrator + Allan Ekberg + Verna Seal
Kathy Hougardy, Council President ❖ De'Sean Quinn ❖ Kate Kruller
Monday, August
12, 2013, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. SPECIAL
PRESENTATIONS
a. Meritorious Service Medal to Officer Patrick Hisa.
Todd Rossi, Police Sergeant.
b. Distinguished Service Medal to Officer Eric Devries and K9 Stryker.
Rick Mitchell, Police Commander.
c. Distinguished Service Medal to Officer Jamie Sturgill and K9 Gino.
Rick Mitchell, Police Commander.
d. Introduction of new Police K9 team, Officer Brent Frank and K9 Ace.
Mike Villa, Police Chief
3. CITIZEN COMMENT
At this time, you are invited to comment on items not included on this agenda
is
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue
presented for discussion.
4. PUBLIC HEARING
An ordinance updating the Comprehensive Plan.
Please bring your Comprehensive Plan binder.
Pg.1
5. SPECIAL ISSUES
a. An ordinance updating the Comprehensive Plan.
Please bring your Comprehensive Plan binder. '
b. An ordinance adopting the 2012 International Property Management
Code (IPMC).
c. An agreement with the Washington State Department of Transportation
(WSDOT) for the Commute Trip Reduction (CTR) Program.
d. Council policy on electronic devices.
e. Study /report options for Allentown and the Burlington Northern
Santa Fe (BNSF) Intermodal Facility.
Pg.1
Pg.11
Pg.23
Pg.41
Pg.53
6. REPORTS
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
08/12/13
Prepared by
RF
Mayor's review
L1(.7
Council review
if
ITEM INFORMATION
ITEM No.
1
STAFF SPONSOR: JACK PACE
ORIGINAL AGENDA DATE: 8/12/13
AGENDA ITEM TITLE
Public hearing on Planning Commission's Recommended
Comprehensive Plan in compliance with the requirements
Management Act, per RCW 36.70A.130
Amendments to
of the Growth
the
08/12/13
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
/1 Public Hearing
Mtg Date
Mtg Date 08/12/13
SPONSOR ❑ Council ❑ Mayor ❑ HR
❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW
0 DCD
SPONSOR'S Tukwila is reviewing and updating its Comprehensive Plan as required by the Growth
SUMMARY Management Act. The update is being done in phases over several years, to be completed
before the June 30, 2015 deadline. In 2013, the Capital Facilities, Utilities, Transportation,
Southcenter /Urban Center, Natural Environment and Shoreline (narrative) elements are
being considered. The City Council is being asked to hold a public hearing on the Planning
Commission's recommendations, and consider changes to the Comprehensive Plan.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Department of Community Development
work Sessions were conducted on July 30 and July 31, 2013
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
08/12/13
MTG. DATE
ATTACHMENTS
08/12/13
Informational Memorandum dated 08/05/13
Ordinance in Draft form
*PLEASE BRING YOUR COMPREHENSIVE PLAN BINDER*
1
2
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Jack Pace, Director Department of Community Development
BY: Rebecca Fox, Senior Planner
DATE: August 5, 2013
SUBJECT: Comprehensive Plan Update
ISSUE
The City of Tukwila is reviewing and updating its Comprehensive Plan as required by the
Washington Growth Management Act (RCW 36.70A.130(1)). The Planning Commission has
finished its review of the elements to be considered in 2013, and is forwarding its
recommendations to the City Council for action.
BACKGROUND
The City of Tukwila's Comprehensive Plan, adopted in 1995, guides the community as it grows
and changes over time. Its policies and land use map lay out the community's 20 year vision.
The Washington State Growth Management Act (GMA) allows Tukwila to amend the
Comprehensive Plan once a year in a multi -month process that involves the City Council and
Planning Commission. There are opportunities for public comment at each stage.
In addition to annual amendments, the state Growth Management Act (GMA) requires Tukwila
to conduct a thorough review of its plan and development regulations every seven to ten years.
The last required update was completed in 2004. The current update is due by June 30, 2015.
Tukwila is preparing the review and update over several years. Updates to the
Manufacturing /Industrial Center element, and the goals and policies in the Shoreline element
were completed in 2011.
On March 18, 2013, the City Council adopted a general schedule, work plan and public
participation program to guide the remaining Comprehensive Plan update work through June,
2015 deadline. The City Council referred the 2013 portion of the update work to the Planning
Commission for review and recommendation. This includes: Utilities; 2) Capital Facilities; 3)
Transportation; 4) Natural Environment; 5) Southcenter/Tukwila Urban Center; and 6) Shoreline
(narrative only).
Per the work program that the City Council adopted, the remaining elements will be considered
in 2014 through June 30, 2015. They include: 1) Community Image; 2) Economic Development;
3) Housing; 4) Annexation (as required); 5) Residential Neighborhoods; 6)Transportation
Corridors; 7) Roles and Responsibilities; and 8) Maintenance of the Plan.
3
INFORMATIONAL MEMO
Page 2
The adopted public participation and work programs include a general sequence and schedule
of steps to ensure that public is aware of the process and knows how they can participate.
Public participation activities will not be uniform, but instead will be tailored to the characteristics
of individual elements.
Tukwila's Comprehensive Plan update includes:
• Core goals and objectives maintained from the current Plan;
• More information about how our Comprehensive Plan relates to changes in the
Washington Growth Management Act, and regional plans (i.e. Vision 2040, Countywide
Planning Policies, regional growth targets);
• Tukwila Strategic Plan's vision and goals reflected and incorporated into the
Comprehensive Plan;
• Policies and descriptions updated, and edited as needed to increase clarity and
consistency throughout the document;
• The format updated for clear language and easier use;
• Elements may be reorganized or consolidated for greater readability and conciseness.
DISCUSSION
Public Participation:
Per the adopted work plan, staff is using a variety of methods to inform and engage the
community about the Comprehensive Plan update. On March 27, 2013 a public open house
was held at the Tukwila Community Center to share the Comprehensive Plan update process
and key background issues, and to learn specific concerns or interests. A postcard announcing
the Update and the open house was sent to all Tukwila addresses. The postcard was
translated into Somali and Spanish, and placed at public gathering spots around the community.
A Tukwila Comprehensive Plan update web page has been set up, and includes information
about meetings and hearings. Articles have been printed regularly in the "Tukwila Reporter" and
"Hazelnut." All Planning Commission and City Council work sessions and hearings have been
duly noticed for the public.
Staff is also participating in selected Parks Department events that are likely to draw a range of
community members. Staff discussed the Comprehensive Plan with youth community members
at the Teen Kickoff at Foster High School on June 18. Staff represented the Comprehensive
Plan update at the "Touch a Truck" event at Foster High School on July 27, 2013, and provided
information on the Comprehensive Plan at a Peanut Butter and Jam lunchtime concert at the
Tukwila Community Center.
The upcoming Community Liaison program will focus its pilot project on the Comprehensive
Plan update by engaging varied communities in discussion of housing and economic
development in the Tukwila International Boulevard area.
Planning Commission and City Council Review:
From April through June, 2013, the Planning Commission held duly- noticed work sessions and
hearings on the 2013 portion of the update, including 1) Utilities; 2) Capital Facilities; 3)
Transportation; 4) Natural Environment; 5) Southcenter/Tukwila Urban Center; and 6) Shoreline
(narrative only). The City Council and Planning Commission met with the Tree Committee for a
joint work session on June 25, 2013.
RF \ \deptstore \City Common \DCD n Clerk's \August 12, 2013 - -Comp Plan Hearing \8.12.13 Hearing -- Memo .doc 7.8.13
4
INFORMATIONAL MEMO
Page 3
The Planning Commission forwarded its recommendations to the City Council for public hearing
and final action. The City Council held work sessions on the Planning Commission's
recommendations on July 30 and 31, 2013.
RECOMMENDATION
After closing the public hearing on August 12, the Council is requested to provide staff with
direction on how it would like to proceed with further review of the Comprehensive Plan
amendments.
After deliberations and any additional changes, the City Council is requested to take final action
to approve the 2013 portion of the 2015 Comprehensive Plan update.
ATTACHMENTS
Please bring your Comprehensive Plan Binder from the workshops on 7/30 and 7/31.
RF \ \deptstore \City Common \DCD n Clerk's \August 12, 2013 - -Comp Plan Hearing \8.12.13 Hearing -- Memo .doc 7.8.13
5
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE CITY OF
TUKWILA COMPREHENSIVE PLAN IN COMPLIANCE WITH
THE REQUIREMENTS OF THE GROWTH MANAGEMENT
ACT, PER RCW 36.70A.130; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila is required to plan under RCW 36.70A.040; and
WHEREAS, every seven years, RCW 36.70A.130(1) requires the City of Tukwila
to take legislative action to review and, if needed, revise its Comprehensive Plan and
development regulations, including its policies and regulations designating and
conserving natural resource lands and designating and protecting critical areas to
comply with the requirements in Chapter 36.70A RCW; and
WHEREAS, under the schedule established in RCW 36.70A.130(5)(a), the deadline
for the City of Tukwila to comply with the update required by RCW 36.70A.130(1) is
June 30, 2015; and
WHEREAS, per RCW 36.70A.130, amendments to the Comprehensive Plan shall
not be considered more frequently than once every year, except in cases of emergency
or to amend the Shoreline Master Program; and
WHEREAS, the City of Tukwila is conducting its required update per RCW
36.70A.130(5)(a) in phases over several years; and
WHEREAS, during 2013 the City of Tukwila reviewed and updated the
Transportation, Capital Facilities, Utilities, Natural Environment, and Southcenter/
Tukwila Urban Center Elements, and the narrative portion of the Shoreline Element; and
WHEREAS, during 2014, the City of Tukwila will review and update as necessary
the Transportation Corridors, Residential Neighborhoods, Tukwila South, Housing,
Community Image, Economic Development, Annexation and Roles and Responsibilities
Elements; and
WHEREAS, prior to June 30, 2015, all necessary review and updating will be
completed; and
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WHEREAS, all recommended amendments have been found to be consistent with
each other and to conform overall to the Comprehensive Plan's provisions through the
current planning period; and
WHEREAS, the Growth Management Act requires each jurisdiction to establish
public participation procedures, whereby amendments and updates to the Comprehen-
sive Plan are considered by the City of Tukwila (RCW 36.70A.130(2); and
WHEREAS, on March 18, 2013, the City of Tukwila passed Resolution No. 1792
adopting a Work Plan and Public Participation Program for updating the Comprehensive
Plan and development regulations during 2013 through 2015, consistent with RCW
36.70A.035; and
WHEREAS, during the Comprehensive Plan and development regulations review
and update process, the City of Tukwila solicited public input and publicized the update
efforts through special direct mailings and emails, and articles in "The Hazelnut"
community newsletter, the "Tukwila Reporter" and on the City's website per the adopted
Public Participation Program; and
WHEREAS, the City of Tukwila has followed its adopted Public Participation
Program, and duly noticed and held an open house, public meetings, work sessions,
and public hearings, and participated in community -wide events to solicit input from the
community; and
WHEREAS, a Tukwila Tree and Environment Advisory Committee composed of
citizens, business representatives, environmental professionals and City officials met
from September 2012 through May 2013 to analyze the Natural Environment Element of
the Comprehensive Plan for consistency with the requirements of Chapter 36.70A RCW
and Tukwila's vision for its natural areas, and the Committee's recommended revisions
were forwarded to the Tukwila Planning Commission for review; and
WHEREAS, the City has evaluated the Comprehensive Plan for consistency with
best available science and has cited the best available science resources in the Natural
Environment Element Background Report for wetlands, watercourses and fish and
wildlife habitat areas and incorporated best available science into revised goals and
policies; and
WHEREAS, on March 27, 2013, the City of Tukwila issued an addendum to the
Tukwila Comprehensive Plan Environmental Impact Statement (File #E13 -004,
previously issued October 9, 1995, as File #L92- 0053), which analyzed the potential
impact of various Comprehensive Plan amendments, pursuant to SEPA (Chapter 197-
11 WAC) and the Tukwila Municipal Code, Title 21; and
WHEREAS, staff prepared an analysis of the Comprehensive Plan and
development regulations currently in effect in Tukwila for consistency with the
requirements of Chapter 36.70A RCW and, based on this analysis, staff prepared
proposed revisions it concluded are needed to comply with Chapter 36.70A RCW. This
analysis and proposed revisions were reviewed by the Tukwila Planning Commission at
work sessions and public hearings in April, May and June 2013; and
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Page 2 of 4
WHEREAS, the Tukwila Planning Commission reviewed the analysis and proposed
revisions prepared by staff and the Tree and Environment Advisory Committee and held
public hearings on April 25, May 23 and June 27, 2013 to receive public comments on
the analysis and proposed revisions. Based on its review of the requirements of Chapter
36.70A RCW, the analysis and proposed revisions prepared by staff and the Tree and
Environment Advisory Committee, and the public comments received, the Planning
Commission modified the analysis and proposed revisions to more fully comply with
Chapter 36.70A RCW and forwarded recommended findings on review and proposed
revisions to the City Council; and
WHEREAS, the City of Tukwila provided the required 60 -day notification of
proposed amendments to the Comprehensive Plan to the Washington State
Department of Commerce (DOC) under RCW 36.70A.106; and
WHEREAS, on August 12, 2013, the Tukwila City Council held a duly noticed public
hearing to receive public comments on the recommended changes to the Utilities,
Capital Facilities, Transportation, Natural Environment, and Southcenter/Tukwila Urban
Center Elements, and the narrative portion of the Shoreline Element as the 2013 portion
of Tukwila's phased periodic update per RCW 36.70A.130(5); and
WHEREAS, the City of Tukwila intends to complete its review and to finalize and
adopt any required revisions to the remaining elements of the Comprehensive Plan not
later than June 30, 2015 per RCW 36.70A.130(5); and
WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the
analysis and proposed revisions prepared by staff, the proposed revisions forwarded by
the Planning Commission, and the public comments received, the City Council finds and
declares that the review and needed revisions have been prepared in conformance with
applicable law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The Transportation Element of the City of Tukwila Comprehensive
Plan is hereby amended as shown in Attachment A and incorporated by this
reference.
Section 2. The Utilities Element of the City of Tukwila Comprehensive Plan,
including updated figures for Sewer, Water and Electricity Providers, is hereby amended
as shown in Attachment B and incorporated by this reference.
Section 3. The Capital Facilities Element of the City of Tukwila Comprehensive
Plan is hereby amended as shown in Attachment C and incorporated by this reference.
Section 4. The Southcenter/Tukwila Urban Center Element of the City of Tukwila
Comprehensive Plan is hereby amended as shown in Attachment D and incorporated
by this reference.
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9
Section 5. The Natural Environment Element of the City of Tukwila Comprehen-
sive Plan is hereby amended as shown in Attachment E and incorporated by this
reference.
Section 6. The Shoreline Element of the City of Tukwila Comprehensive Plan is
hereby amended as shown in Attachment F and incorporated by this reference.
Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: A — Transportation Element
B — Utilities Element
C — Capital Facilities Element
D — Southcenter/Tukwila Urban Center Element
E — Natural Environment Element
F — Shoreline Element
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Page 4 of 4
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
08/12/13
kas
adoption
8/12/13
08/19/13
kas
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
' Ordinance
Mtg Date
Mtg Date 08/19/13
SPONSOR ❑ Council ❑ Mayor ❑ HR
❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW
' DCD
ITEM INFORMATION
ITEM No.
11
STAFF SPONSOR: BOB BENEDICTO
ORIGINAL AGENDA DATE: 8/12/13
AGENDA ITEM TITLE
2012 International Property Maintenance
Code
adoption
8/12/13
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
' Ordinance
Mtg Date
Mtg Date 08/19/13
SPONSOR ❑ Council ❑ Mayor ❑ HR
❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW
' DCD
SPONSOR'S Adoption of the 2012 edition of the International Property Maintenance Code
SUMMARY
REVIEWED BY ❑ COW Mtg.
❑ Utilities Cmte
DATE: 07/22/13
/1
CA &P Cmte
❑ F &S Cmte ❑ Transportation Cmte
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: EKBERG
❑ Arts Comm.
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
8/12/13
MTG. DATE
ATTACHMENTS
8/12/13
Informational Memorandum dated 07/08/13
Ordinance in Draft Form
Minutes from the Community Affairs and Parks Committee meeting of 7/22/13
8/19/13
11
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, Community Development Department Director
BY: Bob Benedicto, Building Official
Kathy Stetson, Code Enforcement Officer
DATE: July 8, 2013
SUBJECT: International Property Maintenance Code, 2012 edition
ISSUE
Should the City adopt the 2012 International Property Maintenance Code as the property
maintenance and housing code for the City?
BACKGROUND
In 2004, the City first adopted the 2003 edition of the International Property Maintenance Code
as the housing and property maintenance code for the City, replacing the Uniform Housing
Code in use at the time. The IPMC was part of the monumental undertaking by the International
Code Council to standardize and coordinate building, fire, mechanical, plumbing and property
maintenance codes across the United States and represented a significant change.
The IPMC is used by Code Enforcement to establish standards for conditions on private
property. It addresses exterior property conditions, interior structure conditions and is the basis
for the rental housing inspection criteria. It has proven to be an excellent and easily understood
tool to effectively deal with property maintenance issues.
DISCUSSION
Over the years the IPMC has been revised several times. In 2010 the City adopted the 2009
edition. The 2012 edition has now been published and this proposal is to adopt that new edition
with a few additions and deletions, most of which are simply customizing the code to our City.
As we did for the 2009 edition, we are proposing new language in Chapter 4, clarifying that a
dwelling unit specifically requires a kitchen sink, cooking appliances and refrigeration facilities.
Although this is implied as part of the "dwelling unit" definition in section 202, we felt it was
important to be very clear on this point, especially as it pertains to rental housing inspections.
When the 2009 edition of the IPMC was adopted, it was erroneously placed in TMC Chapter 16,
along with the other International codes adopted at the same time. At that time the reference to
the 2003 edition, located in TMC 8.28.020 was not properly repealed, causing a conflict in our
code. We are clearing this discrepancy at this time by removing it from Chapter 16 and putting
it back Chapter 8.28 (Nuisances), where it more properly belongs.
13
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
None
RECOMMENDATION
The Council is being asked to approve the ordinance to adopt the 2012 International Property
Maintenance Code and consider this item at the August 12, 2013 Committee of the Whole
meeting and subsequent August 19, 2013 Regular Meeting.
ATTACHMENTS
Ordinance in draft form
14 W;12013 Info Memos- Counci112012 IPMC ordinance InfoMemo.docx
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE 2012 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE; REPEALING ORDINANCE NO. 2057; REPEALING
ORDINANCE NO. 2402 §2 (PART), AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 16.04.020,
SUBPARAGRAPH 7; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in the interest of public health, safety and welfare, the City Council of the
City of Tukwila desires to adopt by reference the 2012 edition of the International Property
Maintenance Code to regulate and govern the conditions and maintenance of all
property, buildings and structures in the City; to provide the standards for supplied
utilities and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; to provide for the
condemnation of buildings and structures unfit for human occupancy and use; and to
provide for the demolition of such existing structures in the City of Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. International Property Maintenance Code Adopted
Municipal Code (TMC) Section 8.28.020, is re- enacted to read as follows:
8.28.020 International Property Maintenance Code Adopted.
TUKWILA,
• Tukwila
A. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the
I 22012 edition of the International Property Maintenance Code ( "IPMC "), as published
by the International Code Council and as amended in TMC Section 8.28.020.B, to be the
Property Maintenance Code of the City of Tukwila. Three copies of the adopted IPMC are
on file in the office of the City Clerk of the City of Tukwila, and have been marked and
designated as such.
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B. The City of Tukwila hereby adopts the following changes to the IPMC as adopted
in TMC Section 8.28.020.A:
Tukwila.
1: IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of
2. The last sentence of IPMC Section 102.3 (Application of other codes) is
32. IPMC Section 103.5 (Fees) is hereby repealed in its entirety.
43. IPMC Section 111 (Means of Appeal) is hereby repealed in its entirety. Any
person directly affected by a decision of the code official or a notice or order or a civil
citation issued under this code or TMC Chapter 8.45 shall have the right to appeal to the
City Hearing Examiner or the Municipal Court as set forth in TMC Chapter 8.45. In
addition to, or in lieu of, any other state or local provisions for the recovery of costs or
penalties incurred or assessed under TMC Chapter 8.45, the City Treasurer may, pursuant
to RCW 35.80.030(1)(h), certify to the King County Treasurer an assessment amount
equal to the costs of abatement, removal, or repair of the property and /or any associated
penalties and collections to the tax rolls against the property for the current year and the
same shall become a part of the general taxes for that year, to be collected at the same
time and with interest at such rates and in such manner as provided for in RCW
84.56.020.
54. IPMC Section 112.4 (Failure to comply) is hereby repealed in its entirety.
Enforcement shall be according to TMC Chapter 8.45.
follows:
5. The following definitions shall be added to IPMC Section 202 (Definitions) as
"Department of Property Maintenance" is deemed to refer to "Code
Enforcement Division Section."
"Code Official" is deemed to refer to "Building Official."
The remainder of IPMC Scction 202 shall remain in effect as currently
6. The first sentence of IPMC Section 302.4 (Weeds) is hereby amended to
read as follows:
All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 24 inches.
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Page 2 of 5
The remainder of IPMC Section 302.4 shall remain in effect as currently adopted.
7. The first sentence of IPMC Section 303.2 (Enclosures) is hereby amended to
read as follows:
Private swimming pools, hot tubs and spas containing water
more than 24 inches (610 mm) in depth shall be completely
surrounded by a fence or barrier at least 60 inches (1219 mm) in
height above the finished ground level measured on the side of
the barrier away from the pool.
The remainder of IPMC Section 303.2 shall remain in effect as currently adopted.
8. References to "ICC Electrical Code," "International Plumbing Code" and
"International Zoning Code" that appear in the index of Chapter 8 (Referenced Standards)
shall be deleted.
9. The first sentence of IPMC Section 304.14 (Insect screens) is hereby
amended to read as follows:
adopted.
During the period from January 1 to December 31, every door,
window and other outside opening required for ventilation of
habitable rooms, food preparation areas, food service areas or
any other areas where products to be included or utilized in food
for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly
fitting screens of not less than 16 mesh per inch (16 mesh per
24 mm) and every swinging screen door used for insect control
shall have a self - closing device in good working condition.
The remainder of IPMC Section 304.14 shall remain in effect as currently
10. A new section is hereby added as follows:
404.8 Dwelling Unit. Every dwelling unit as defined in Section 202 and
pursuant to Section 404.7 shall be provided with a kitchen sink, cooking
appliances, and refrigeration facilities, with a minimum clear passageway of
36 inches (914 mm) between counterfronts and appliances or counterfronts
and walls. Light and ventilation conforming to this code shall be provided.
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17
1-011. The first sentence of IPMC Section 602.3 (Heat supply) is hereby amended
to read as follows:
Every owner and operator of any building who rents, leases or
lets one or more dwelling units - oorning- or sleeping units,
on terms, either expressed or implied, to
furnish heat to the occupants thereof shall supply heat during
the period from January 1 to December 31 to maintain a
temperature of not less than 68° (20 °C) in all habitable rooms,
bathrooms, and toilet rooms.
The remainder of IPMC Section 602.3 shall remain in effect as currently adopted.
1 -1-12. The first sentence of IPMC Section 602.4 (Occupiable Work Spaces) is
hereby amended to read as follows:
Indoor occupiable work spaces shall be supplied with heat
during the period from January 1 to December 31 to maintain a
temperature of not less than 65 °F (18 °C) during the period the
spaces are occupied.
Section 2. Repealer. Ordinance No. 2057 is hereby repealed.
Section 3. Repealer. Ordinance No. 2402, as codified at TMC Section 16.04.020,
subparagraph 7, "The International Property Maintenance Code, 2009 Edition" (an
outdated reference), is hereby repealed.
Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
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Page 4 of 5
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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19
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
July 22, 2013 — 5:15 p.m.
PRESENT
Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller
Staff: David Cline, Rick Still, Dave Johnson, Jack Pace, Bob Benedicto, Kathy Stetson, Bob
Giberson, Ryan Larson, Laurel Humphrey
Guests: Chuck Parrish, resident; Rosa Lee Hannah, resident; Trish Ekberg, resident; Karlin Ekberg,
resident
CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:15 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Amending Tukwila Municipal Code (TMC) Chapter 7.08 — Livestock, Small Animals,
and Fowl
Staff is seeking Council approval of an ordinance that would amend TMC 7.08 to expand the definition of
the term "livestock" as well as specify the number of livestock animals permitted based upon lot size.
TMC Chapter 7.08 currently specifies the number of allowable small animals and fowl, but it leaves the
number of livestock up to "the duly appointed Code Enforcement Officer of the City." The proposed
amendment would define "livestock" to add ponies, donkeys, mules, and llamas. It would also establish
the minimum lot size for keeping any livestock at one acre (43,560 square feet) as well as limit the
number of livestock to two, allowing an additional livestock animal for each additional acre.
Staff indicated that this proposal is based primarily on Renton's livestock code, and it takes into account
the dual priorities of providing an adequate lot size for animals as well as protecting neighbors from
potential animal - related nuisances. The impetus for this proposal was a citizen inquiry regarding livestock
allowances.
Committee members, staff, and guests discussed the proposal. Guest Karlin Ekberg, with an educational
background in animal sciences, shared some perspective and encouraged consideration of differences in
animal sizes, the presence and size of structures on the acreage, and a smaller square footage allowance
per animal. Committee members agreed that they would like to see an inventory of lot sizes, which can
be easily produced by DCD. Committee members also requested that staff do further research including
grandfathering implications, contiguous lots, and feedback from the community and bring the results back
to Committee at a future date. RETURN TO A FUTURE COMMITTEE MEETING FOR REVIEW
AND RECOMMENDATION.
B. Ordinance: Adopting the 2012 International Property Maintenance Code
Staff is seeking Council approval of an ordinance that would adopt by reference the 2012 edition of the
International Property Maintenance Code (IPMC) with local amendments. First adopted in 2004, the
IPMC is used by Code Enforcement staff to establish standards for conditions on private property and is
an effective tool for the City. In addition to adopting the 2012 edition, this ordinance would remove the
IPMC reference from Chapter 16 and place it back in Chapter 8.28 (Nuisances) where it belongs, thereby
clearing a conflict that currently exists in the TMC.
21
Community Affairs & Parks Committee Minutes July 22, 2013 — Page 2
The local amendments are reflected in the draft ordinance. While most are minor, one to note is the
addition of new language to clarify that a dwelling unit specifically requires a kitchen sink, cooking
appliances and refrigeration facilities.
In response to questions from Committee members, staff indicated that this Code is the basis for the rental
licensing program inspections, and all property owners registered with the City receive a checklist that
covers the important components. Copies of the IPMC are available with DCD and the City Clerk's
Office. UNANIMOUS APPROVAL. FORWARD TO AUGUST 12 COMMITTEE OF THE
WHOLE FOR DISCUSSION.
C. Final Acceptance of the Tukwila Pool Roof Project
Staff is seeking Council approval for project completion, closeout and release of retainage to Bates
Roofing, LLC in the amount of $81,881.04 for the installation of a new Thermoplastic Membrane Roof,
replacing of flashing and replacing the gutter to downspout transitions. The contract included two
change orders and was completed on time and on budget. UNANIMOUS APPROVAL. FORWARD
TO AUGUST 5 REGULAR CONSENT AGENDA.
D. Parks and Recreation Updates
Parks and Recreation Staff provided updates to the Committee on three major program areas.
1. Parks, Recreation and Open Space (PROS) Plan
Considerable work has been done since the service contract with MIG was initiated in March,
primarily in the area of community outreach and engagement. These engagement efforts included a
survey, a workshop, community leader focus group, interviews with education experts, moving
listening sessions, and extended outreach. Excellent community feedback was obtained. The
Committee of the Whole will be updated on these efforts to date on August 26.
2. Online Registration
Staff is currently exploring options to provide a solution that would allow participants in Parks
programs to register online (in addition to in- person, mail, and phone). Active Network, the company
that owns the software currently used by Parks staff for registrations offers a few online options, but
customer service and system integration limitations are of concern. Tukwila will participate in a
software symposium this fall with other area Parks and Recreation Departments to review other
choices and companies. ITD and the Clerk's Office will also be involved to ensure a comprehensive
review before moving forward.
3. Preschool Update
Following up on previous Council direction to provide options for implementation of a preschool
program in September 2014, staff gave an overview of the efforts to date. These efforts included a
review of assessment guidelines with the Tukwila School District, reallocation of space at the
Community Center, and the creation of a proposed program structure, staffing model, budget, and fee
schedule. The proposal closely mirrors the previous preschool program offered by the Parks and
Recreation Department, which was closed due to budget cuts in 2011. A budget amendment request
in the amount of $43,000 will be forthcoming through the 2014 General Fund budget process.
Committee members raised questions about advertising, school district involvement, state or federal
support, and the proposed fee schedule. Staff confirmed that the fee schedule proposals in the
committee packet are based upon cost recovery levels, not on area standards. There is strong
community interest in the renewal of this program, and a teaser ad has been included in the Fall
Activities Guide.
INFORMATION ONLY.
22
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
08/12/13
ML
a—
li'
08/19/13
ML
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
/1
Mtg Date
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR
❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW
/1 DCD
ITEM INFORMATION
ITEM No.
23
STAFF SPONSOR: MAGGIE LUBOV
ORIGINAL AGENDA DATE: 8/12/13
AGENDA ITEM TITLE GCB -1549 Transportation Demand Management Implementation Agreement with
the Washington State Department of Transportation (WSDOT)
08/12/13
Motion
Date 08/19/13
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
/1
Mtg Date
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR
❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW
/1 DCD
SPONSOR'S Review and approve WSDOT Transportation Demand Management Implementation
SUMMARY Agreement for 2013 -2015 to provide funds for Commute Trip Reduction program
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte
❑ Utilities Cmte ❑ Arts Comm.
DATE: 07/23/13
❑ F &S Cmte
❑ Parks
Comm.
CHAIR:
/1 Transportation
Cmte
❑ Planning Comm.
KRULLER
COMMI I I LE
RECOMMENDATIONS:
SPoNsoR /ADMIN.
COMMITTEE
Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: WSDOT FUNDS OF $74,206 to Tukwila to conduct the CTR Program
Comments: no general fund impact
MTG. DATE
RECORD OF COUNCIL ACTION
08/12/13
MTG. DATE
ATTACHMENTS
08/12/13
Informational Memorandum dated 07/15/13
WSDOT GCB -1049 Implementation Agreement
Minutes from the Transportation Committee meeting dated 07/23/13
08/19/13
23
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committe
FROM: Jack Pace, DCD Director *
By: Maggi Lubov, CTR Coordinator
DATE: July 15, 2013
SUBJECT: Commute Trip Reduction Program Information
ISSUE
Status of Commute Trip Reduction program activities and funding for 2013 -2015.
BACKGROUND
Below is a history and summary of the current Commute Trip Reduction Program in
Tukwila:
• CTR Coordinator is primarily funded by WSDOT to manage CTR programs of
employers within the City of Tukwila.
• 22 Tukwila employers (including the City of Tukwila) provide CTR programs for
their employees. The number of affected CTR sites is updated annually by the
City based on state criteria and represents a snapshot at the time. This
compares to the City of Renton with 22 affected employers, the City of Kent with
28 affected employers, Federal Way has 10 affected employers and the City of
SeaTac has 15 affected employers at this time.
• Employers are required to complete Annual CTR Program Reports and conduct
biennial measurement surveys for progress toward goals.
• CTR Program is mandated by state and operational since 1991.
• The CTR Ordinance was updated and adopted in 2008 with creation of Tukwila's
Local CTR Plan and Growth Transportation Efficiency Center (GTEC) adopted.
The City of Tukwila provides numerous services to assist CTR- affected and non -
affected employers with implementation of their CTR Programs, including the following:
• Technical assistance given to all city employers including access to statewide
promotions such as Wheel Options and other incentive programs such as "Bike
to Work" and Rideshareonline.com.
• Annual report and survey training and Employee Transportation Coordinator
training provided.
• Personalized assistance for coordinators and employees at all employer
worksites.
Additionally, the City of Tukwila works closely with local agencies such as King County,
the cities of Seattle, Renton, Kent, SeaTac and Federal Way, the Washington State
Department of Transportation, the Puget Sound Regional Council, and others to
coordinate, implement, and promote trip reduction activities and provide policy direction.
25
INFORMATIONAL MEMO
Page 2
The City has provided lead agency direction for a state funded Trip Reduction project
from March 2012 through August 2013.
The City of Tukwila is an affected employer and is required to meet the requirements of
the CTR law. Of special note, the City reached CTR goals in the 2013 survey goals for
the first time with a 14.6% reduction in the drive alone rate from the 2007 baseline to a
64.7% rate. Highline Specialty Center and Department of Homeland Security also
reached state goals of 10% reductions.
The CTR Efficiency Act required tasks for the City of Tukwila:
• Update in 2013 of the Local CTR Plan for submission to Puget Sound Regional
Council for approval. This included review of Comprehensive Plan additions as
outlined in Local CTR Plan. The updated plan was incorporated in the Regional
Plan and submitted to the Commute Trip Reduction (CTR) Board for review and
approved at the end of June. This is a one page document that continued the
targets of reductions of 10% drive alone and 13% vehicle miles traveled.
Grant project:
• WSDOT awarded grant funding for a thirteen month Rideshareonline.com project
that focused on South King County cities with Tukwila acting as the lead agency.
The $121,370.00 in funding covered the costs for full time staff to implement the
project.
DISCUSSION
WSDOT has provided the funding source for the CTR program through an allocation
process since 1993. The GCB -1549 contract for 2013 -2015 is essentially a renewal of
previous allocation contracts and is in the amount of $74,205.00. This funds Maggi
Lubov's position. This biennium, the contract allows for the implementation of a pilot
program to enhance trip reduction efforts in the Tukwila Urban Center and the
Manufacturing Industrial Center (MIC) to see if results can be improved. The program
stays the same for affected employers.
RECOMMENDATION
Council is being asked to approve the WSDOT funding contract for the CTR Program in
the amount of $74,206.00 and consider this item at the Committee of the Whole meeting
on August 12th and subsequent Regular Meeting on August 19tH
Attachments: GCB -1549 Grant for the CTR Program
W: \Long Range Projects \CTR & GTEC\2013- 2015\Info Memo CTR Update GCB - 10492013- 2015.docx
26
Transportation Demand Management Pilot
Implementation Agreement
Washington State Department of
Transportation
310 Maple Park Avenue SE
PO Box 47387
Olympia, WA 98504 -7387
Contact Person: Alexandra DeMoss 360 - 705 -7906
Contractor
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
Federal ID #: 91- 6001519
Contact Person: Margaret Lubov 206 - 433 -7142
Project Costs:
State Funds $74,206
Contractor Funds $0 •
Total Project Cost $74,206
Scope of Project: Carry out the
Project as described in Exhibit 1, Project
Scope of Work
.
Agreement Number:
GCB1549
Term of Project:
July 1, 2013 through June 30, 2015
Service Area: Tukwila
This AGREEMENT is entered into by the Washington State Department of
Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above,
hereinafter referred to as "CONTRACTOR ", and /or individually referred to as the
"PARTY" and collectively referred to as the "PARTIES."
WHEREAS, RCW 70.94.521 through RCW 70.94.555 directs the State, local
governments and major employers to reduce air pollution, fuel use, and traffic congestion
through commute trip reduction programs; and
WHEREAS, the Commute Trip Reduction Board (CTR Board) established under RCW
70.94.537 is authorized to create a state commute trip reduction plan; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational
improvements, the State's first priority is to assess strategies to enhance the operational
efficiency of the existing system, and states that strategies to enhance the operational
efficiencies include, but are not limited to, access management, transportation system
management, and demand management ( "Strategies "); and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per
capita vehicle miles traveled, to consider efficiency tools including commute trip
reduction and other demand management tools, and to promote the integration of
multimodal planning in support of the transportation system policy goals described in
RCW 47.04.280; and
WHEREAS, the Legislature has directed the State to increase the integration of public
transportation and the highway system, to facilitate coordination of transit services and
planning, and to maximize opportunities to use public transportation to improve the
efficiency of transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify
opportunities for cooperation to achieve statewide and local transportation goals; and
GCA1549 Page 1 of 12
27
WHEREAS, the State established rules at WAC 468 -63 for commute trip reduction
(CTR) plans, and is authorized under RCW 35.05.310 and .313 to engage in pilot
rulemaking to test and identify alternative CTR plans to achieve the goals of WAC 468-
63; and
WHEREAS, the State of Washington in its Sessions Laws of 2013, chapter 306, Section
220(6), (7) and (8), authorizes funding for Public Transportation and Commute Trip
Reduction programs and other special proviso funding through the multi -modal
transportation account as identified in the budget through its 2013 -2015 biennial
appropriations to WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administering
funds on behalf of the Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual
covenants herein set forth and the attached Exhibit 1, "Project Scope of Work" and
Exhibit 2, "Project Progress Reports ", which are both incorporated and made a part of
this AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funding to the
CONTRACTOR to be used solely for activities undertaken to implement a pilot alternate
plan (hereinafter "alternate plan") which will field -test the feasibility of a CTR Board -
approved experimental approach to accomplish the policy purposes of RCW 70.94.521,
hereinafter known as the "Project."
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in Exhibit 1, "Project Scope of Work," which by this
reference is incorporated into this AGREEMENT as if fully set forth herein.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time
defined in the caption space header above titled "Term of Project" of this AGREEMENT
regardless of the date of execution of this AGREEMENT, unless terminated as provided
herein. The caption space header above entitled' "Term of Project" and all caption space
headers above are by this reference incorporated into this AGREEMENT as if fully set
forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the
"State Funds" detailed in the caption space header above titled "Project Costs." The
CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractor
Funds" identified above in the caption space header "Project Costs," in an amount
sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work." If at
any time the CONTRACTOR becomes aware that the cost which it expects to incur in
the performance of this AGREEMENT will differ from the amount indicated in the
GCA1549 Page 2 of 12
28
caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in
writing within three (3) business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual
costs and expenditures incurred while performing eligible direct and related indirect
Project work during the Project period provided that payment is subject to the submission
to and approval by WSDOT of properly prepared invoices that substantiate the costs and
expenses submitted by CONTRACTOR for reimbursement and that are accompanied by
progress reports and financial summaries as required in Section 7 — Progress Reports.
The CONTRACTOR must submit an invoice using either State of Washington Form A-
19 (Invoice Voucher), a copy of which is attached hereto as Exhibit 3 and by this
reference incorporated into this AGREEMENT or a format approved by WSDOT. Such
invoices may be submitted no more than once per month and no less than once per year,
during the course of this AGREEMENT. If approved by WSDOT, said invoices shall be
paid by WSDOT within thirty (30) days of receipt of the invoice.
B. The CONTRACTOR shall submit an invoice by July 15, 2014, for any unreimbursed
eligible expenditures incurred between July 1, 2013, and June 30, 2014. If the
CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall
provide an estimate of the charges to be billed so WSDOT may accrue the expenditures
in the proper fiscal period. Any subsequent reimbursement request submitted will be
limited to the amount accrued as set forth in this section. The CONTRACTOR shall
submit a final invoice to WSDOT no later than July 15, 2015. Any invoice received after
July 15, 2015 will not be eligible for reimbursement.
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set
of accounts or, accounts within the framework of an established accounting system in
order to sufficiently and properly reflect all eligible direct and related indirect Project
costs incurred in the performance of this AGREEMENT. Such accounts are referred to
herein collectively as the "Project Account." All costs claimed against the Project
Account must be supported by properly executed payrolls, time records, invoices,
contracts, and payment vouchers evidencing in sufficient detail the nature and propriety
of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT
may adequately and accurately assess the progress made under the terms of this
AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the
forms provided in Exhibit 2, "Project Progress Report" and /or as provided and modified
by WSDOT staff. The CONTRACTOR shall provide a final progress report, as provided
by WSDOT staff. Progress reports shall be submitted to WSDOT no later than forty -five
(45) days from the end of each calendar quarter.
GCA1549 Page 3 of 12
29
Section 8
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and
the right to examine, during normal business hours and as often as they deem necessary,
all of the CONTRACTOR's records with respect to all matters covered by this
AGREEMENT. Such representatives shall be permitted to audit, examine and make
excerpts or transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, and other matters covered by this AGREEMENT. In order to
facilitate any audits and inspections, the CONTRACTOR shall retain all documents,
papers, accounting records, and other materials pertaining to this AGREEMENT for six
(6) years from the date of completion of the Project or the Project final payment date.
However, in case of audit or litigation extending past that six (6) years period, then the
CONTRACTOR must retain all records until the audit or litigation is completed. The
CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of CONTRACTOR comply with the provisions of this section and
provide, WSDOT, the State Auditor, and any of their representatives, access to such
records within the scope of this AGREEMENT.
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in
the Scope of Project. Such changes that are mutually agreed upon shall be incorporated
as written amendments to this AGREEMENT. No variation or alteration of the terms of
this AGREEMENT shall be valid unless made in writing and signed by authorized
representatives of the PARTIES hereto.
B. If an increase in funding by the funding source augments the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT, providing for an appropriate change in
the Scope of Project and /or the Project Cost in order to reflect any such increase in
funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT providing for an appropriate change in
the Scope of Project and /or the Project Cost in order to reflect any such reduction of
funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state
law and /or the provisions of this AGREEMENT, WSDOT reserves the right to recapture
State Funds in an amount equivalent to the extent of noncompliance. Such right of
recapture shall exist for a period not to exceed three (3) years following termination or
expiration of this AGREEMENT. The CONTRACTOR agrees to repay such State Funds
under this recapture provision within thirty (30) days of demand.
GCA1549 Page 4 of 12
30
Section 11
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the
performance of this AGREEMENT the CONTRACTOR may submit a written detailed
description of the dispute to the Public Transportation Division's Statewide
Transportation Demand Management Programs Manager or the Statewide Transportation
Demand Management Programs Manager's designee who will issue a written decision
within ten calendar (10) days of receipt of the written description of the dispute. This
decision shall be final and conclusive unless within ten (10) days from the date of
CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or
otherwise furnishes a written appeal to the Director of the Public Transportation Division
or the Director's designee. In connection with any such appeal the CONTRACTOR shall
be afforded an opportunity to offer material in support of its position. The
CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of
the appeal by the Director of the Public Transportation Division or the Director's
designee. The decision shall be binding upon the CONTRACTOR and the
CONTRACTOR shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the
CONTRACTOR shall continue performance under this AGREEMENT while matters in
dispute are being resolved.
Section 12
Termination
WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole, or
in part, for the reasons following:
A. The CONTRACTOR materially breaches, or fails to perform any of the requirements
of this AGREEMENT and after fourteen (14) days written notice, has failed to cure the
condition(s) causing that breach. Conditions of breach may include, but are not limited
to:
1. Any action taken by the CONTRACTOR without WSDOT approval, which under
the provisions of this AGREEMENT, required WSDOT approval;
2. Failure to perform in the manner called for under this AGREEMENT; or
3. Failure to comply with any provision of this AGREEMENT;
B. The CONTRACTOR is prevented from proceeding with this AGREEMENT by
reason of a temporary, preliminary, special, or permanent restraining order or injunction
of a court of competent jurisdiction where the issuance of such order or injunction is
primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR;
C. The requisite State funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
D. WSDOT determines that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds; or
E. WSDOT determines that suspension or termination is in the best interests of the State.
The CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part,
at any time by written notice to WSDOT. Written notification must set forth the reasons
for such termination, the effective date, and in case of partial termination, the portion to
be terminated. However, in the case of partial termination, if WSDOT determines that the
GCA1549 Page 5 of 12
31
remaining portion of the award will not accomplish the purposes for which the award was
made WSDOT may terminate the award in its entirety.
If this AGREEMENT is terminated by the CONTRACTOR, or by WSDOT under
subsections B, C, D, and/or E of this Section, the CONTRACTOR may be reimbursed
only for actual, eligible direct and related indirect expenses incurred prior to the date of
termination, and then only to the extent of awarded funds. If this AGREEMENT is
terminated under subsection A of this Section, the WSDOT shall not be obligated to
provide any additional reimbursement, and WSDOT shall retain all rights to seek
recapture or damages from the CONTRACTOR.
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
right or remedy.
Section 14
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute
or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and
shall in no way impair or prejudice any right or remedy available to WSDOT with respect
to any breach or default. In no event shall acceptance of any WSDOT payment of grant
funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR
of any WSDOT breach, or default which shall in no way impair or prejudice any right or
remedy available to CONTRACTOR with respect to any breach or default.
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of
the work as it is defined in this AGREEMENT and any amendments thereto. Although
the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice
shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT
and WSDOT shall not be held liable for any advice offered to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents,
employees, and officers and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter
referred to collectively as "claims "), of whatsoever kind or nature brought against
WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the
CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT.
This indemnity provision applies to all claims against WSDOT, its agents, employees and
officers arising out of, in connection with or incident to the negligent acts or omissions of
the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing
herein shall require the CONTRACTOR to indemnify and hold harmless or defend
WSDOT, its agents, employees or officers to the extent that claims are caused by the
GCA1549 Page 6 of 12
32
negligent acts or omissions of WSDOT, its agents, employees or officers. The
indemnification and hold harmless provision shall survive termination of this
AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and
the employees of the CONTRACTOR or its subcontractors and the employees thereof,
shall not in any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity
under the State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or
other legal expenses to enforce the provisions of this section of this AGREEMENT
against the other PARTY, all such fees, costs and expenses shall be recoverable by the
prevailing PARTY.
Section 17
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity
and performance thereof shall be governed by the laws of the State of Washington. In the
event that either PARTY deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that
any such action shall be initiated in the Superior Court of the State of Washington
situated in Thurston County.
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State and Federal laws and
regulations, including, but not limited to, those concerning employment, equal
opportunity employment, nondiscrimination assurances, Project record keeping necessary
to evidence AGREEMENT compliance, and retention of all such records. The
CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60
RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act
of 1990 (ADA), Public Law 101 -336, including any amendments thereto which provides
comprehensive civil rights protection to individuals with disabilities in the areas of
employment public accommodations, state and local government services and
telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such
adjudication shall not affect the validity or obligation of performance of any other
covenant or provision, or part thereof, that in itself is valid if such remainder conforms to
the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any
other covenant or provision except as herein allowed.
GCA1549 Page 7 of 12
33
Section 20
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be
deemed to be an original having identical legal effect. The CONTRACTOR does hereby
ratify and adopt all statements, representations, warranties, covenants, and agreements
and their supporting materials contained and /or mentioned in such executed counterpart,
and does hereby accept State Funds and agrees to all of the terms and conditions thereof
Section 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division,
State of Washington, Department of Transportation, or the Director's designee, not as an
individual incurring personal obligation and liability, but solely by, for, and on behalf of
the State of Washington, Department of Transportation, in his/her capacity as Director of
the Public Transportation Division.
Section 22
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT
and bind their respective agency(ies) and/or entitity(ies) to the obligations set forth
herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the
day and year last signed below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
CONTRACTOR
By: By:
Brian Lagerberg
Director, Public Transportation
Print Name:. 1'Yl t+ztao 4M-
Title: tit, cu,v -(`
Who certifies proper authority
to execute this AGREEMENT
on behalf of the
CONTRACTOR
Date: Date:
Approved as to form:
By: Susan Cruise
Assistant Attorney General
Date: June 13, 2013
GCA1549 Page 8 of 12
34
EXHIBIT 1
Project Scope of Work
Commute Trip Reduction (CTR) Alternate Plan
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the
end of the first quarter of this agreement or when the CONTRACTOR submits its
first invoice, whichever is sooner.
1. The work plan shall identify the deliverables, schedule, expected
outcomes, performance measures and the budget specific to strategies
associated with this AGREEMENT and other strategies as defined in the
CTR Board approved alternate plan.
2. The administrative work plan budget shall identify how the
CONTRACTOR will use the state funds provided in this AGREEMENT
for each task. The work plan shall also provide an estimate of the other
financial resources not provided in this AGREEMENT that will be used to
complete each task.
3. The administrative work plan must be approved in writing by the WSDOT
Project Manager and signed by the CONTRACTOR, and shall be
incorporated as a written amendment to the AGREEMENT. The work
plan may be amended based on mutual written agreement between the
WSDOT Project Manager and the CONTRACTOR.
B. Work to be Performed
The CONTRACTOR agrees to implement a CTR program based on the approved
administrative work plan and the CTR Board approved alternate plan. The
CONTRACTOR will not be required to perform CTR plan requirements that have
been expressly waived as part of the approved alternate plan.
C. Use of State Funds for Incentives
The CONTRACTOR agrees to use State funds provided as part of this
AGREEMENT in accordance with incentives guidance to be provided by WSDOT.
D. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT complete quarterly progress
reports, as specified by WSDOT in Section 7 — Progress Reports of the
AGREEMENT, in Exhibit 2, "Project Progress Report", and as integrated with the
deliverables identified in the administrative work plan, along with all invoices in
accordance with Section 5 — Reimbursement and Payment of the AGREEMENT. All
invoices shall be complete and accurately reflect actual State funded expenditures.
Only those activities identified in the CONTRACTOR'S approved administrative
work plan will be reimbursed by WSDOT.
GCA1549 Page 9 of 12
35
E. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final report, a template of which
will be provided in the second fiscal year of the contract by WSDOT and
incorporated as an amendment to this Agreement. The final report shall provide an
estimate of the other financial resources not provided in this AGREEMENT that were
used to complete each task and shall provide a list of the funds provided in this
AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting
partner(s).
F. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties,
cities, transit agencies, Transportation Management Associations, and Metropolitan
Planning Organizations or other eligible organizations authorized to enter into
agreements for the purposes of implementing alternate plans as authorized by RCW
70.94.527(5), RCW 70.94.544, RCW 34.05.310 and RCW 34.05.313.
G. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of
Work and incentives guidance, as well as the approved Work Plan, in all agreements
with eligible contracting partner(s), as necessary, to coordinate the development,
implementation, and administration of the alternate plans.
H. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process for employers consistent with
the Administrative Procedures section contained in the CTR Guidelines which may
be obtained from WSDOT or found at
http://www.wsdot.wa.gov/Transit/CTR/law.htm.
I. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its
alternate plan and programs with the applicable regional transportation planning
organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any
substantial changes to its plans and programs that could impact the success of the
regional CTR plan. The CONTRACTOR agrees to provide information about the
progress of its alternate plan and programs to the RTPO upon request.
J. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners
for commute trip reduction employer surveys.
K. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established
for newly affected worksites when they are established by the local jurisdiction. The
CONTRACTOR agrees to provide WSDOT with updated program goals for affected
worksites and jurisdictions as requested. These updates shall be submitted
electronically in a format specified by WSDOT.
GCA1549 Page 10 of 12
36
L. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's
contracting partners with updated lists of affected or participating worksites,
employee transportation coordinators, and jurisdiction contacts, as requested. These
updates will be submitted in a format specified by WSDOT.
GCA1549 Page 11 of 12
37
EXHIBIT 2
Project Progress Report
Commute Trip Reduction (CTR) Pilot Quarterly Project Report
Reporting quarter:
Date:
Organization:
Agreement number:
GCB
Biennial
targets
Estimate of drive -alone trips to reduce to meet goal:
Key
deliverables:
(from work
plan)
•
Completed activities this quarter
•
Planned activities for next quarter
•
Describe issues, risks or challenges and resolutions
•
Estimated expenditures of state funds for this quarter
•
GCA1549 Page 12 of 12
38
Transportation Committee Minutes July 23, 2013— Page 2
Committee Chair Kruller mentioned there are specific areas vulnerable to the illegal dumping of
vehicles and requested interdepartmental efforts to combat this. INFORMATION ONLY.
D. Update on BNSF Intermodal Facility in the Allentown Neighborhood
City Administrator David Cline briefed the Committee on current activity relating to BNSF's
intermodal facility in Allentown. Staff recently met with two Allentown residents to touch base on
neighborhood concerns as well as to provide an update on the upcoming Council meeting on the
topic.
Committee Chair Kruller shared comments from neighborhood residents communicated earlier this
year that expressed a desire for third party consulting for mitigation options for any future
expansion by BNSF that would be in violation of the zoning code, as well as mitigation or
alternatives to increased truck traffic that would result from such expansion. Councilmember
Robertson summarized conversations relating to BNSF expansion from Washington DC meetings
with the City's Federal delegation in May.
A summary report on the pending issues surrounding ingress /egress and neighborhood liveability is
scheduled to be presented to the Committee of the Whole at its August 12 meeting and staff will be
seeking Council direction on future efforts at that time.
E. Commute Trip Reduction Program Information
Staff is seeking Council approval of a funding contract with WSDOT in the amount of $74,206.00
for the Commute Trip Reduction (CTR) Program. This grant would fund the CTR coordinator
position, which is responsible for managing CTR programs for 22 Tukwila employers. In addition,
it would allow for the implementation of a pilot program to enhance trip reduction efforts in the
Tukwila Urban Center and the Manufacturing Industrial Center. CTR is a successful program that
is entirely grant supported, and especially of note is that City of Tukwila employees reached its
goals with a 14.6% reduction in the drive alone rate from the 2007 baseline to a 64.7% rate.
Highline Specialty Center and Department of Homeland Security also reached state goals of 10%
reductions. Committee members congratulated Tukwila's CTR Coordinator, Maggi Lubov, on
being awarded the 2012 Governor's Commute Smart Award. UNANIMOUS APPROVAL.
FORWARD TO AUGUST 12th COMMITTEE OF THE WHOLE.
F. South County Area Transportation Board (SCATBd) Agreement
Staff is seeking Council approval of a SCATBd agreement that recognizes SCATBd as the
transportation board for the south King County area for the purpose of sharing information,
building consensus, and providing advice on plans, programs, policies and priorities for
transportation decisions. The agreement has been thoroughly vetted by the SCATBd — Kate Kruller
is the City of Tukwila representative on that board. UNANIMOUS APPROVAL. FORWARD
TO AUGUST 5th REGULAR CONSENT AGENDA.
III. SCATBd
Committee Chair Kruller shared highlights from the July 16 meeting, including:
• Transportation for America presentation
• Metro F Line report
INFORMATION ONLY.
H: \Committee Minutes \Transportation \Trans 072313.docx
39
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
agi7
08/12/13
LH
(/)--
08/19/13
LH
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY ■ Discussion
/1
Mtg Date
Mtg
ITEM INFORMATION
ITEM No.
41
STAFF SPONSOR: COUNCILMEMBER ROBERTSON
ORIGINAL AGENDA DATE: 8/12/13
AGENDA ITEM TITLE Draft Policy on Councilmember Use of Electronic Devices
8/12/13
Motion
Date 8/19/13
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY ■ Discussion
/1
Mtg Date
Mtg
❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW
SPONSOR 0 Counczl
SPONSOR'S The Council is being asked to review and approve a draft policy on "Councilmember Use of
SUMMARY Electronic Devices." On July 2, the Finance and Safety Committee approved version 3 that
incorporated feedback from IT and the Clerks Office, and made an amendment to Section 3
as reflected in the minutes. After that date, Committee members proposed an additional
amendment to Section 3 for consideration by the full Council. This proposed amendment is
shown in tracked changes on page 2. A motion to approve the policy is requested on 8/19.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte
❑ Utilities Cmte ❑ Arts Comm.
DATE: 07/2/13
F &S Cmte
❑ Transportation Cmte
Comm. ❑ Planning Comm.
CHAIR: ROBERTSON
❑ Parks
COMMITTEE
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Council
Unanimous Approval as Amended; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$none $none $none
Fund Source: N/A
Comments: no general fund impact
MTG. DATE
RECORD OF COUNCIL ACTION
08/12/13
MTG. DATE
ATTACHMENTS
08/12/13
Informational Memorandum dated 6/24/13
Draft Policy Version 4
Minutes from the Finance and Safety Committee meeting of 7/2/13
08/19/13
41
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Dennis Robertson, Finance and Safety Committee Chair
DATE: June 24, 2013
SUBJECT: Council Policy on Electronic Devices
ISSUE
The Finance and Safety Committee has committed to proposing a Council Policy on Electronic
Devices used by Councilmembers.
BACKGROUND
At the June 4, 2013 Committee meeting, Councilmembers reviewed the draft Administrative
Policy on "Business Use of Cellular Devices," and considered it as the basis of a similar policy
that would be tailored to Councilmembers and be applicable to various devices. This draft
Council Policy is based upon that Committee discussion. It also includes elements of a
previously reviewed draft policy on Councilmembers' use of iPads.
DISCUSSION
Committee members will review and discuss this draft policy to ensure it meets the previously
discussed goals of this subject.
RECOMMENDATION
This is a draft Council Policy applicable to and implemented by consensus of the Council. If the
Committee recommends Council implementation of the draft Policy, the item will be forwarded
to the July 8, 2013 Committee of the Whole for full Council discussion and a motion to approve.
ATTACHMENTS
Draft Policy: Councilmember Use of Electronic Devices
43
44
TUKWILA CITY COUNCIL
OPERATING POLICY
Number: CC- POL -XX
Page 1 of
TITLE: Councilmember Use of Electronic Devices
PURPOSE:
City -owned and managed electronic devices such as mobile phones, tablets, or laptop
computers are available for Councilmembers' use in the course of performing their duties as
elected officials. This policy clarifies the role of the Information Technology Department in
supporting the devices; the Councilmembers' role in using them; and reiterates the public
records responsibilities of which Councilmembers should be cognizant, whether using a City -
owned device or a device they have purchased themselves.
REFERENCES:
RCW 40.14 -- Preservation and Destruction of Public Records
Administrative Policy 400 -03 — Public Records Request
Administrative Policy 400 -04 — Records Management, Retention and Archives
Administrative Policy 1100 -08 — Use of Public Internet Communication Tools
STATEMENT OF POLICY:
1. Acquisition and Management
Acquisition of all City -owned electronic devices and service provider/long distance carrier
services will be managed and inventoried by the Information Technology Department (1TD)
and will follow established standards. Cellular device usage is billed on a time -used basis.
City -owned cellular devices and services should not be used when a less costly alternative
method is safe, convenient, and readily available.
2, Program Options
A. City Business Use Only
(1) Provisions: The Councilmember is assigned a City -owned electronic (cellular or
computing) device, which is to be used solely for authorized City business
purposes, with limited incidental personal use allowed. The Councilmember
must sign a policy agreement prior to the issuance of a City -owned electronic
device. The Councilmember may use the device for rare, incidental, personal
use only if no other alternative exists.
(2) Financial responsibility: Option A is designed as having no cost to the
Councilmember. If the device is cellular, the City may charge for any
unauthorized personal use of the electronic device. In this option, the City will
not provide compensation or reimbursement to Councilmembers for City
business use conducted on cellular devices they have purchased themselves.
45
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 2
of 5
B. City Business Use Primary
(1)
Provisions: The Councilmember is assigned a City -owned electronic (cellular or
computing) device to be primarily used for City business, allowing personal use
only by the Councilmember to whom the device was assigned. It is expected
that City business will be the majority of the device's use. The Councilmember
must sign a policy agreement prior to the issuance of a City -owned electronic
device.
(2) Financial responsibility: To compensate the City for the Councilmember's
personal usage on a City -owned cellular device, Option B requires payment
from the Councilmember to the City via an authorized monthly payroll
deduction for each cellular device issued. The payroll deduction arrangement
must be in place, with verification sent to ITD from the Finance Department,
prior to any personal usage and /or cellular device issuance.
The rate of 45% of the initial standard total monthly charges for each device
(rounded up to a whole dollar amount), plus a $5 administrative fee, will be
used to determine the on -going monthly rate for the payroll deduction for each
device.
The initially- determined monthly rate may change if the cellular service charges
are increased by the service provider or the rate plan or service provider is
changed by the City. Councilmembers who have a cellular device payroll
deduction in place will be provided the opportunity to either approve the
increased deduction or to opt out of this agreement prior to any increase.
In this option, the City will not provide compensation or reimbursement to
Councilmembers for City business use conducted on cellular devices they have
purchased themselves.
3. Public Records Responsibilities
All information, data and communications relating to the conduct of government or the
performance of any governmental function that is created or stored on either a City -
owned or personal electronic device utilized for City business are considered public
records under the Public Records Act. A Councilmember's electronic device and the
documents contained therein, whether under Option A or B, or on an electronic device
they purchased themselves that is used in the course of performing their duties as elected
officials, may only have the device data contents be accessed to comply with public
disclosure per State and Federal law, or in case of a technical issue that needs to be
addressed by IT staff. Additionally, in court proceedings a legal request can be made for
discovery of devices. This can mean that any and all information existing on the device
could be deemed as discoverable, beyond what may be disclosable under the Public
Records Act.
To comply with these requirements, information that may need to be made available for
46
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 3
of 5
review must be searchable and accessible by the City Clerk or other designated City
representative. In order to meet these requirements and maintain transparency in local
government, Councilmembers should adhere to the following policy terms to conduct City -
related business on an electronic device:
• The designated City email address given to each Councilmember (ie:
firstname .lastname @TukwilaWA.gov), as well as the City email system, should be
the only email address or system used by Councilmembers to conduct City - related
business. These emails are archived for retention by the Information Technology
Department, and are searchable when necessary for public disclosure or discovery
requests.
• User - created email accounts including, but not limited to, Comcast, Gmail, Yahoo,
Hotmail, Zoho, GMX, etc., should not be installed on or utilized by a
Councilmember on a City -owned device to conduct City business or for personal
use. As stated above, all City - related electronic communication should be
conducted via the City's designated email system, regardless of the device used.
• Social media applications including, but not limited to, Facebook, Twitter, LinkedIn,
etc., should not be installed or utilized on a City -owned device unless directly
required for and related to the conduct of City business. If the social media
communication (sent or received) relates to the conduct of City business, it must be
retained in accordance with the applicable Washington State Records Retention
Schedule and may be disclosable under the Public Records Act.
• Documents, notes, photographs, etc. created on an electronic device and
presented or referenced in a meeting where City business takes place are
considered a City record and must be retained in their native electronic format for
the required retention period. Printing out a hard copy is not sufficient to meet
retention requirements.
• Notes created for a Councilmember's personal City business use, such as to
organize their thoughts or formulate potential questions to ask at a meeting, may
be considered a transitory record with minimal retention value. Councilmembers
may wish to periodically review these types of documents on electronic devices
and delete as applicable.
• It is advisable for Councilmembers to refrain from using a City -owned electronic
device for any activities related to a political campaign.
• All electronic records created and /or stored on a City -owned electronic device
must be retained for the applicable retention period set forth in the Washington
State Records Retention Schedules, which can be viewed in their entirety on the
Washington State Archives website. Public records responsibilities, including
retention and disclosure, also apply to records created on an electronic device a
Councilmember has purchased themselves, when the device is used in the course
47
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 4
of 5
of performing their duties as an elected official. Contact the City Clerk with any
questions regarding records retention requirements.
4. Mobile Device Management Program for Cellular Devices
The City's mobile device management (MDM) program allows remote device management
for wiping enterprise data from an electronic device should it become lost or stolen. All
City -owned cellular devices participating in all program options are required to be enrolled
in the City's MDM program if the device is an MDM - allowed type of device. If a device is
not allowed by the MDM program, work email and calendar synchronization will not be
authorized for the device. The ITD will fully assist with the enrollment of all City -owned
devices.
When needed, two types of data removal are possible for MDM devices: one that removes
only the enterprise MDM data (connections to City email and network will then be cleared
manually), and one that completely wipes all data (including email and network
connections) from the device. For all City -owned devices, the type of device wipe to be
used will be determined by a mutual decision between the Councilmember and the ITD.
The user of a City -owned cellular device should be aware that any personal data on the
device, including but not limited to email and contact information, is at risk of being erased
from the device at any time and without warning.
5. Security and Safety
Cell transmissions are not secure. Therefore, Councilmembers are expected to use
discretion in discussing confidential information. Washington State law regulates cellular
device usage while driving, prohibiting a wireless device such as a cell phone being held to
the driver's ear. RCW 46.61.667 and 46.61.668 provide exceptions for using wireless
communication in "hands- free" mode, while driving an authorized emergency vehicle, for
summoning emergency help or reporting illegal activity, or other emergency
circumstances. State law also bans text messaging while driving. Citations received for
any infraction on any device and any costs incurred for legal assistance required will be at
the Councilmember's own expense.
Be alert when installing free, off -shore originated or otherwise unknown and un-
researched applications onto any device as they may pose a security risk by containing
malicious content, rerouting your browser to a malicious web page asking for personal
information or installing malware onto your device. Scanning or using QR codes may also
pose this same risk.
48
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 5
of 5
6. Protection of equipment
Reasonable precautions should be taken to prevent the theft of equipment or its
unauthorized use. In the event that a device is lost, stolen, damaged, hacked, or no longer
in the Councilmember's personal control, ITD is to be contacted immediately so that
service and connectivity can be discontinued.
END
Title: Councilmember Use of Electronic Devices
City Attorney Approval
Effective Date:
Supercedes:
Approved by the City Council on
the day of
49
City of Tukwila
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
July 2, 2013 — 5:30 p.m.; Conference Room #3
Finance and Safety Committee
PRESENT
Councilmembers: Dennis Robertson, Chair; Verna Seal and De'Sean Quinn
Staff: Peggy McCarthy, Jack Pace, Brandon Miles and Laurel Humphrey
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Amendment to the Settlement Agreement with Doak Homes
Staff is seeking Council approval to authorize the Mayor to amend the terms of an existing settlement
agreement with Doak Homes, Inc. In July 2008, the City of Tukwila and Doak Homes, Inc. entered into a
settlement agreement regarding several properties in the Allentown neighborhoods, allowing construction
of 14 homes on lots not in compliance with minimum lot area requirements. The agreement covered King
County parcels 017900 -1730, 017900 -1755 and 017900 -1855. Construction has been completed on five
homes, and the extension will give Doak Homes an additional 36 months to obtain permits for the
remaining nine. Because the construction will be some of the highest quality in Allentown, and because
this is a good opportunity to test development standards for small lot development, staff recommends
amending the settlement agreement as follows:
1. Extend the agreement for an additional 36 months; and
2. Remove the requirement for Doak to develop the lots in a specific pattern.
UNANIMOUS APPROVAL. FORWARD TO JULY 15 REGULAR COUNCIL CONSENT
AGENDA.
B. Council Policy on Electronic Devices
Committee members reviewed a draft "Councilmember Use of Electronic Devices" policy, which was
drafted based upon the June 4, 2013 Committee discussion on the topic. The Committee packet also
contained proposed edits from the City Clerk's Office relating to public disclosure.
Committee members accepted the edits from the Office of the City Clerk, and made a further amendment
to Section 3, Public Records Responsibilities, Paragraph 1, as shown:
"A Councilmember's electronic device and the documents contained therein, whether under Option A
or B, or on an electronic device they purchased themselves that is used in the course of performing
their duties as elected officials, may be subject to review by the City and to only be accessed to
comply with public disclosure per State and Federal law."
UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW.
51
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared h
Major's review
Council review
08/12/13
KAM
ITEM No.
ITEM INFORMATION
53
STAFF SPONSOR: MATE) 'ORIGINAL AGENDA DATI E: 08/12/13
AGENDA ITEM TITLE Unbudgeted Study/Report Options for Allentown and the BNSF Intermodal Facility
CATEGORY 1 Discussion
08/12/13
❑ Motion
Mfg Date
■ Resolution
❑ Ordinance
Arts Date
❑ Bid Award
;1 ftg Date
❑ Public Hearin;
_1 f/g Date
i♦ Other
Mtg Date
Altg Date
Ails Date
SPONSOR IN Council ■ Mayor ❑ HR ❑ DCO ❑ Finance ❑ Fire ❑ 17° ❑ P& R. ❑ Police ❑ PH'
SPONSOR'S Staff is seeking Council direction regarding City participation in two (2) unbudgeted
SUMMARY studies pertaining to the Burlington Northern Santa Fe's (BNSF) South Seattle Intermodal
Facility located in the Allentown neighborhood.
REVIEWED BY
■ COW Mtg.
❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
❑ Utilities
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Mayor's Office
Per Council direction send directly to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$50,000 — $230,000 $0.00 $Unknown
Fund Source: CIP - 104 ARTERIAL STREET FUND
Comments: Expenditure amounts are determined by Council direction.
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
08/12/13
Informational Memo dated 08/07/13
BNSF Meeting Summary dated 04/24/13
2013 -2018 CIP page 13 - BNSF Regional Center Access
2012 Federal Briefing Book - BNSF Excerpt
2013 Federal Briefing Book - BNSF Excerpt
53
MEMORANDUM
City of Tukwila
Jim Haggerton, Mayor
TO: Tukwila City Council
FROM: Kimberly Matej, Government Relations Manager
DATE: August 7, 2013
SUBJECT: Unbudgeted Study /Report Options for Allentown and the BNSF Intermodal Facility
ISSUE
Staff is seeking Council direction regarding City participation in two (2) unbudgeted studies pertaining
to the Burlington Northern Santa Fe's (BNSF) South Seattle Intermodal Facility located in the
Allentown neighborhood.
STRATEGIC PLAN GOAL
This specific issue is applicable to Goal One of the City's Strategic Plan: A community of inviting
neighborhoods and vibrant business districts. A 2013 priority within this goal is an improved
environment for community livability; specifically, to create strategies to mitigate neighborhood
impacts of freight mobility.
BACKGROUND
The BNSF South Seattle Intermodal Facility located in Allentown became fully operational in 1970. In
1989, the Allentown neighborhood was annexed by the City of Tukwila. This annexation finally
provided this previously unincorporated area a voice within a full- service city. In January 2000, an ad-
hoc committee (Burlington Northern Intermodal Task Force) was established to consider alternative
truck access routes into the Intermodal Facility. The Task Force recommended four alternative routes
for consideration, and presented a Meeting Report Summary, which Cooper Consulting Company
prepared on April 10, 2000.
Over the past several years, the City has been working with the Allentown community on issues
regarding the impacts of the BNSF Intermodal Facility in the neighborhood. A considerable amount of
correspondence has been exchanged between BNSF representatives and the City in an effort to build
a foundation for sustainable and cooperative relationships between the Intermodal Facility and its
residential neighbors. These efforts to address concerns have included discussions, meetings and
correspondence between the City and community representatives, BNSF representatives, and
Federal legislators.
During the 2nd Quarter, staff was preparing to identify a consultant who could conduct and present a
data - driven report of findings quantifying the effects of the Intermodal Facility onto the Allentown
community (also referred to as a neighborhood livability study). However, new information presented
during a meeting with BNSF this past April could effect how the City Council would like staff to move
forward with this issue. This new information is outlined in the next section for Council consideration.
Communication with neighborhood representatives has been ongoing to ensure that they receive
updated information regarding the status of their concerns in a timely manner. Additionally, federal
legislators have been provided written status summaries of this issue as reflected in the City's 2012
and 2013 Federal Briefing Books (Attachments 3 and 4), and regular conversations take place
between the City's federal lobbyist and key federal legislative staff members.
DISCUSSION
On April 24, 2013, a meeting took place between BNSF and City representatives (including
Councilmembers) wherein the City inquired to BNSF's interest in participating in a financial and /or
consultant selection partnership for a neighborhood livability study. BNSF declined to participate in the
55
Unbudgeted Study /Report Options page 2
study if the consultant was going to look at the direct impacts of the Intermodal Facility onto the
community. Initial cost estimates to conduct a neighborhood livability study range between $50,000 —
$80,000.
During the same meeting, BNSF reported that, in regard to alternate ingress and egress, the best
alternative would be to create a southern route into the Intermodal Facility. BNSF suggested
conducting a 30% design report for a southern route alternative. The report would include such things
as an Environmental Impact Statement and timelines, essentially putting the project into a "shovel -
ready" (30% design) position. This design report would result in a total project cost that could be
considered reasonably accurate. BNSF proposed a 50/50 split between BNSF and the City to pay for
the report. This report is estimated to cost a total of $300,000.
In the event BNSF and the City consider partnering to apply for a future Transportation Investment
Generating Economic Recovery (TIGER) grant to fund an alternate ingress /egress route, this type of
report will likely need to be conducted. The application period for FY 2013 TIGER grant funds is now
closed, and it is currently unknown if there will be FY 2014 TIGER grant funds.
Funding was not identified in the 2013 -2014 Biennial Budget to fund either of the above - described
studies /reports. Based on Council direction to move forward, potential project funding will be added to
the CIP 104 Arterial Street Fund (see attached CIP page) in the 2014 column of the BNSF Regional
Center Access project.
RECOMMENDATION
Due to direction needed within a policy on this particular issue, there is no staff recommendation. New
information as presented at the April 24, 2013, meeting with BNSF could effect how the Council would
like to proceed with this issue, and is presented here for full Council discussion.
ATTACHMENTS
Attachment 1: BNSF Meeting Summary dated 04/24/13
Attachment 2: 2013 -2018 CIP page 13 — BNSF Regional Center Access
Attachment 3: 2012 Federal Briefing Book — BNSF excerpt
Attachment 4: 2013 Federal Briefing Book — BNSF excerpt
56
Attachment 1
BNSF Meeting Summary dated 04/24/13
City of Tukwila
Jim Haggerton, Mayor
MEETING SUMMARY
MEETING DETAILS:
BNSF Follow -Up Meeting
April 24, 2013 — 11:00 a.m.
Tukwila City Hall Conference Room #3
ATTNENDEES:
BNSF— John Hovland, Director of Marketing Facility Development; Colleen Weatherford, Director of
Public Private Partnerships; and Terry Finn, Director of Government Affairs
City — Councilmembers Allan Ekberg, Verna Seal, and De'Sean Quinn; Mayor Haggerton, David
Cline, Kimberly Matej and Michelle Giguere (Ball Janik, LLP)
Agenda Topic — BNSF Results of Engineering Options
At the November 13, 2012, meeting between BNSF and City representatives, John Hovland
committed to have BNSF consider engineering options for an alternative means of ingress and egress
for the Intermodal Facility, in place of the current route which travels down South 124th Street. Mr.
Hovland reported that as a result of consideration of these options, the best alternative would be to
create a southern route into the Intermodal Facility.
Mr. Hovland discussed the possibility of 30% design report for a southern route consideration. He
estimated the cost for the report to be approximately $300,000 on the high -end. The report would
include such things as EIS and timelines, essentially putting the project into a "shovel- ready" (30%
design) position if funding were to be identified or possibly secured via grant monies. This design
report would result in a total project cost that could be considered reasonably accurate. Mr. Hovland
proposed a 50/50 split between BNSF and the City to pay for the report. City representatives relayed
that a decision in regard to such a commitment would need to be considered by the full Council as
well as the City Attorney's Office. Additionally, City representatives conveyed the importance of the
City and community playing a partnership role in any such request for proposal (RFP). In response,
Mr. Hovland relayed that BNSF could prepare an RFP for the design report, and inquired if the City
would be interested in that preparation beginning in the meantime. City representatives concurred
with his suggestion.
BNSF invited the City to provide names of any contractors it would like on the bid list for
consideration. If the RFP were put out for bid, bids would be returned within 45 days. The process for
securing and completing a contract would take longer; however, BNSF estimated 120 days from bid to
design report completion. See page 2 for potential funding options (TIGER).
ACTION ITEM NO. 1: Within in three weeks, BNSF will forward a draft RFP for a 30% design report
to the City of Tukwila for initial review and input.
Agenda Topic — Neighborhood Communication
City representatives related the Allentown community's continued interest in open, transparent
communication between the community, City and BNSF, and mentioned different concerns between
and among different areas of the neighborhood (i.e.: houses located on 124th as compared to
residents on other streets or businesses across the river, etc.)
59
Meeting Summary: BNSF 04/24/13 page 2
Mr. Hovland mentioned that Allentown property owners are still approaching BNSF offering to sell
property, and BNFS has declined to do so. In regards to activity in the area, he communicated that
there will likely be some pavement /parking lot work being done in the Intermodal Facility.
BNSF expressed willingness to attend a more formal meeting within the community (as compared to
National Night Out a couple years ago) as long as there is a broad agenda that includes a set
discussion topic for BNSF such as the impact of intermodal facility operations.
ACTION ITEM NO. 2: Follow -up with this item once the Council agrees to decision and process for
how to proceed with Action Item No. 1.
Agenda Topic — BNSF Interest in Consultant (Neighborhood Livability)
City representatives related Allentown community concerns regarding quality of life issues as a result
of the Intermodal Facility location. In response, the City would like to secure a consultant that can
identify impacts, provide data - driven (empirically supported) information, and suggest potential
mitigation opportunities relating to the BNSF Intermodal Facility within Allentown. The City inquired
about BNSF's interest in providing financial and /or consultant selection partnership.
BNSF replied that if the consultant would be looking at direct impacts of the Intermodal Facility onto
the community, they will not participate. However, if the consultant were secured to conduct a cost
benefit analysis of the proposed project referencing the 30% design report for a southern route
alternative, they would be willing to have an internal discussion to consider participation.
The City and BNSF discussed that consultant findings would have to be non - binding. BNSF stated
that there are some unmitigatable circumstances. All representatives agreed that any
recommendations for mitigation would simply be recommendations, and would not commit the City or
BNSF to taking any specific actions.
As an extension of this item, the group discussed the possibility applying for a future TIGER V or VI
grant for this potential project. The latest rounds of TIGER V applications are due by June 3, 2013, so
submission to this cycle of funding would not be possible. TIGER funds are awarded on a competitive
basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region.
Successful projects depend significantly on the relational partnerships of the community /city /business
affected and benefited by the project.
ACTION ITEM NO. 3: Determine interest in and viability of preparing for TIGER VI grant funding, if
additional TIGER funds are provided in the 2014 FY budget. Decision to be made by Council. No
specific deadline; timeliness should be considered.
NOTE: All action Items are dependent on the timely advancement of agreed to tasks (i.e.: an RFP for
a specific ingress /egress construction project, and another RFP that is geared to a cost - benefit
analysis of various improvements), which need to be completed in order to submit a TIGER VI
application next spring, if that course of action is pursued. Each RFP will need to identify specific
intended outcomes as a result of consultant work.
60
Attachment 2
2013 -2018 CIP, page 13
BNSF Regional Center Access
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: BNSF Regional Center Access Project No. 99510409
DESCRIPTION: Construct a new access to the BNSF Regional Distribution Center.
JUSTIFICATION: Relocate the 900+ truck trips /day from residential streets in Allentown, increase efficiency of truck
access between BNSF Facility and freeways, overall freeway traffic and regional freight movement.
STATUS: At least two alternatives have been identified, yet no cost estimates have been determined.
MAINT. IMPACT: To be identified.
COMMENT: This will have a major positive impact on the Allentown neighborhood. Seeking grant funding through
FAST Corridor, yet no funding is available at this time.
FINANCIAL Through Estimated
(in $000's)
2011 2012 2013
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
'x Project Location
",.. . i f . �;
'4,
Boer /��. !
-31��!
61
Design
133
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. 7 = 5i.
133
Land (R /W)
/
0
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
133
0
0
0
0
0
0
0
0
133
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
133
0
0
0
0
0
0
0
0
133
TOTAL SOURCES
133
0
0
0
0
0
0
0
0
133
2013 - 2018 Capital Improvement Program
13
63
'x Project Location
",.. . i f . �;
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61
.
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2013 - 2018 Capital Improvement Program
13
63
Attachment 3
2012 Federal Briefing Book — BNSF excerpt
May 2012
CITY OF TUKWILA
Meeting with representatives from the
Surface Transportation Board
and
City of Tukwila
Washington, D.C.
May 10, 2012
67
DESCRIPTION
TUKWILA, WASHINGTON
BNSF & ALLENTOWN
Burlington Northern Santa Fe (BNSF) operates an intermodal freight yard in the Allentown neighborhood of
Tukwila. BNSF has recently acquired adjacent property designated by Tukwila's Comprehensive Plan and Zoning
Code for low density residential use. BNSF applied for a Comprehensive Plan amendment and a rezone to
designate the newly acquired property for manufacturing and industrial use. Upon learning that the City
Administration would recommend the City Council deny this request, BNSF withdrew its application and
asserted that federal law preempts the City from enforcing its land use and environmental regulations with
regard to railroad activities.
The location of the BNSF intermodal rail yard in Tukwila, adjacent to a residential neighborhood, has been an
issue for many years. The impacts to homeowners include heavy truck traffic through the single - family
neighborhood and significant noise at all hours of the day and night. Neighbors have been very vocal in their
opposition to expansion of non - residential uses into their neighborhood, and have submitted petitions and
letters opposing the rezone to the Tukwila City Council.
The City of Tukwila recognizes the vital role that rail transport plays in the nation's economy and security. We
also believe that the current regulatory scheme governing railroad operations places an unnecessary and
unhealthy burden upon host communities.
The issue of federal preemption related to railroads and local land use authority was addressed by the US
Conference of Mayors, which in 2007 adopted a resolution urging the United States Congress to "hold hearings on
existing federal law governing railroads and enact legislation clarifying that current federal law does not preempt
state and local environmental and land use planning laws."
BACKGROUND
The City has met with BNSF to explore possible compromise solutions, but the results of those discussions did not
lead to a resolution of this matter. In turn, on May 16, 2011, the Tukwila City Council unanimously adopted
Resolution No. 1741, petitioning the United States Congress to:
1. Hold hearings on existing law governing railroads;
2. Direct the Surface Transportation Board to immediately open an investigation into the inordinate power
exercised by the railroads over local environmental and land use planning laws and to take immediate steps
to remedy an imbalance of power; and
3. Enact legislation clarifying that federal law does not preempt state and local environmental and land use
planning laws in terms of the expansion of rail yards in urbanized areas where such expansion is
inconsistent with locally adopted Comprehensive Land Use Plans.
CURRENT STATUS
On July 18, 2011, the City and BNSF met to clarify misunderstandings and work towards addressing community
concerns. Representatives from several of the City's Federal Congressional Delegation were in attendance. Since
that meeting, BNSF representatives have not scheduled additional meetings that they obligated themselves to on
July 18 and in a letter dated August 10, 2011 (see next page). Additionally, BNSF officials have communicated that
they will not meet with the community; they will only meet with specific City representatives. The last
communication between the City and BNSF was in an e -mail dated January 23, 2012, from BNSF that stated a
meeting would be arranged in February 2012. There has been no further communication from BNSF since that
time. The City remains open to further discussions with BNSF, continues to hope for good resolution, and
appreciates the assistance of our Delegation has provided to date.
2
69
City of Tukwila
BNSF Rezone
from LDR to
MC/ and MIC/H
rgA /L FYAY
August 10, 2011
Jim Haggerton
Mayor
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington, 98I88 -2544
Re: Expected Response.
Dear Mayor Haggerton:
John A. Hovland BNSF Railway Company
[iireclor 2500 Lou Menk Dr.
Marketing Fxili y Development Ft. wont?, Texas 76131
817.667.6170
817.352.0606 lax
john.hovlandahnal.com
RECFI VED
AUG 1 5 2011
CITY Or l LSWILA
MAYOR'S OFFICE
This letter is in response to your e-mail dated August 1st and in response to your conversation with Terry
Finn on August 2nd. As you indicated in your e-mail, I agreed to respond to your questions from the July
18th meeting. It was our intent for Terry Finn to provide those responses at the community gathering
held on August 2nd. Based on Terry Finn's conversation with you at that meeting, it is our understanding
that you would like these responses in writing. This letter addresses that request.
We believe the July 18th meeting was very productive. It was a great opportunity for the City and BNSF
to clarify misunderstandings and work towards addressing the community's concerns. BNSF proposes to
continue this open dialogue through periodic meetings with the City. We propose initially to meet with
you and your team every six months. Then we can adjust the frequency as needed. If you are amenable
to this idea, I will coordinate with your staff to schedule the first meeting,
You asked about BNSF's long -term expansion and property acquisition plans for the rail yard. As we
discussed at the July 18th meeting, our future expansion and property acquisition plans are a product of
future demand. However, at this time, BNSF has no near -term plans to expand the facility's capacity or
to acquire additional residential property other than properties that are currently under negotiation. We
are examining various improvements to maximize the efficiency of our existing facility footprint such as
an Automated Gate System (AGS). AGS could also provide benefits to the community, which we can
describe more fully at our next meeting.
We are proud that we have been a part of your community for over 100 years now. Moving forward we
envision our proposed meetings providing a forum to be in frequent and open dialogue regarding issues as
they arise like those discussed at the July 18 meeting. The result, we hope, will be a positive joint effort
with you and the community to foster greater partnership and understanding. Please feel free to give me a
call at any time. You can also call Terry Finn, at 206- 625 -6135, for a local representative.
erely,
ohn ovla
4
73
Attachment 4
2013 Federal Briefing Book — BNSF excerpt
May 2013
Federal Briefing Book
Washington State Congressional Delegation
CITY OF
TURWILA
1AT S H I N G T Co N
The city of opportunity, the community of choice
Aerial photograph of Tukwila's Allentown neighborhood and
the BNSF Intermodal Facility
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Aerial photograph of Tukwila's Allentown neighborhood and
the BNSF Intermodal Facility
BNSF
DESCRIPTION
Burlington Northern Santa Fe (BNSF) operates an intermodal freight yard in the Allentown
neighborhood of Tukwila. BNSF has recently acquired adjacent property designated by Tukwila's
Comprehensive Plan and Zoning Code for low density residential use. BNSF applied for a
Comprehensive Plan amendment and a rezone to designate the newly acquired property for
manufacturing and industrial use. Upon learning that the City Administration would recommend the
City Council deny this request, BNSF withdrew its application and asserted that federal law preempts
the City from enforcing its land use and environmental regulations with regard to railroad activities.
The location of the BNSF intermodal rail yard in Tukwila, adjacent to a residential neighborhood, has
been an issue for many years. The impacts to homeowners include heavy truck traffic through the
single - family neighborhood and significant noise at all hours of the day and night. Neighbors have
been very vocal in their opposition to expansion of non - residential uses into their neighborhood, and
have submitted petitions and letters opposing the rezone to the Tukwila City Council.
The City of Tukwila recognizes the vital role that rail transport plays in the nation's economy and
security. We also believe that the current regulatory scheme governing railroad operations places an
unnecessary and unhealthy burden upon host communities.
The issue of federal preemption related to railroads and local land use authority was addressed by the
US Conference of Mayors, which in 2007 adopted a resolution urging the United States Congress to
"hold hearings on existing federal law governing railroads and enact legislation clarifying that current
federal law does not preempt state and local environmental and land use planning laws."
CURRENT STATUS
Since last May, representatives from the City of Tukwila and BNSF have met three times on the following
dates: July 12, 2012, November 13, 2012 and April 24, 2013.
These meetings have included discussions regarding alternate means for ingress /egress for the Intermodal
Facility located in Tukwila's Allentown neighborhood. Through these meetings, two alternate routes have
been eliminated, and one potential route appears worthy of additional consideration. BNSF is interested in
considering an alternate access point from the southern -most portion of the Facility, and has inquired to
Tukwila's interest in sharing the financial cost for a 30% Design Report in relation to this proposed access
route.
Upcoming Meetings & Events
August 2013
12th (Monday)
13th (Tuesday)
14th (Wednesday)
15th (Thursday)
16th (Friday)
17th (Saturday)
> Community
Affairs & Parks
Cmte,
5:15 PM
(CR #3)
D. City Council
Committee of
the Whole Mt
g''
7:00 PM
(Council
Chambers)
> Transportation
Cmte,
5:15 PM
(CR #1)
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
Peanut Butter and
Jam Family
Entertainment Series
FREE family fun!
12:00 Noon
(Community Center by
the Spray ra Park )
This week:
Recess Monkey
> Tukwila
Historical
Society,
7:00 PM
(Tukwila
Heritage &
Cultural Center,
h
14475 59` Ave
S.)
FREE Summer
Outdoor Cinema
Series
Donation of two
cans of food per
family member
requested to support
the Tukwila Food
Pantry
(Community Center)
Seating area opens
at 8:00 PM. Movie
starts at dusk.
Today's movie:
Hotel Transylvania
Concessions
available for
purchase.
20th Annual
Community
Garage Sale
August 17 & 18
Look for yellow signs
around Tukwila
For additional
Informal on http: /www.tuk
wilawa.gov/vardsale.html
19th (Monday)
20th (Tuesday)
21st (Wednesday)
22nd (Thursday)
23rd (Friday)
24th (Saturday)
' Utilities Cmte,
5:00 PM
(CR #1)
➢ City Council
Regular Mtg.,
7:00 PM
(Council
(
Chambers)
' Tukwila
Metropolitan
Park District
Board of
Commissioners,
8:00 PM
(Council
Chambers)
➢ Executive
Session
immediately
following
Regular MPD
meeting
➢ Finance &
Safety Cmte,
5:30 PM
(CR #3)
Peanut Butter and
Jam Family
Entertainment Series
FREE family fun!
12:00 Noon
(Community Center by
the Spray Park)
This week:
The Not —Its!
➢ Parks
Commission,
5:30 PM
(Community
Center)
➢ COPCAB,
6:30 PM
(CR #5)
D Planning
Commission,
6:30 PM
(Council
Chambers)
FREE Summer
Outdoor Cinema
Series
Donation of two
cans of food per
family member
requested to support
the Tukwila Food
Pantry
(Community Center)
Seating area opens
at 8:00 PM. Movie
starts at dusk.
Today's movie:
Rise of the
Guardians
Concessions
available for
purchase.
➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
> City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf Room #3. Contact Kim Gilman at 206 - 431 -2187.
> Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3. (A) An ordinance amending the Zoning Code
relating to recreational marijuana. (B) Briefing on mobile food truck vendors.
➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Thurs., 6:30 PM, Conf Rm #5. Chris Partman (206- 431 - 2197).
> Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Trantina at 206- 433 -1868.
➢Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf Room #3
>Lodging Tax Advisory Committee: Every other month 12:00 NooN. Contact Katherine Kertzman at 206 -575 -2489.
➢ Parks Commission: 3rd Wed., 5:30 PM, Meeting Room B at Community Center. Contact Dave Johnson at 206 - 767 -2308.
> Planning Commission /Board of Architectural Review: 6:30 PM, Council Chambers at City Hall. Contact 206 - 431 -3670.
➢ Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf Room # 1 (A) 2013 Grant Applications — Transportation
Improvement Board & PSRC, and Transportation Alternatives Program. (B) SCATBd — August 5, 2013 Letter to Governor Inslee.
> Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center. Contact Pat Brodin at 206 - 433 -1861
➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815.
Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf Room #1.
83
Tentative Agenda Schedule
MONTH
MEETING 1 -
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
August
5
12
See agenda packet
cover sheet for this
week's agenda
(August 12, 2013
Committee of the Whole
Meeting).
19
Special Presentations:
26
Special Presentations:
Mid -year update from
Council President.
Unfinished Business:
PROS Plan Phase 2
Update.
Special Issues:
An ordinance adopting
the 2012 edition of the
International Property
Maintenance code;
repealing Ordinance
No. 2057; repealing
Ordinance No. 2402 §2
(part) as codified at
Tukwila Municipal
Code Section 16.04.020,
Subparagraph 7;
providing for
severability; and
establishing an
effective date.
Authorize the Mayor to
sign an agreement with
the Washington State
Department of
Transportation for the
Commute Trip
Reduction Program in
the amount of $74,206.
Adoption of the
Council Electronic
Usage Policy.
Disposition on Urban
Renewal Properties.
September
3 (Tuesday)
Proclamations /
9
16
23
Proclamation:
Appointments:
A proclamation
declaring September
28, 2013 as the Mayor's
Day of Concern for the
Hungry.
Special Issues:
Confirm the
appointment of
Christopher Lawrence
to Position #4 on the
Human Services
Advisory Board.
A proclamation for
National Recovery
Month.
New Business:
Crime Reduction
through property
acquisition.
An ordinance
confirming and
levying the
assessments for LID
#33.
84