Loading...
HomeMy WebLinkAboutReg 2008-10-06 COMPLETE AGENDA PACKET =w�:4,. Tukwila City Council Agenda 2; REGULAR MEETING e Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pam Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin 1908 Joe Duffie, Council President Kathy Hougardy De'Sean Quinn MONDAY, October 6, 2008; 7:00 PM Ord #2208 Res #1669 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Introduction of Mike Mathia, Project Manager, Public Works Department; PRESENTATIONS Jim Morrow, Public Works Director. b. Update on Duwamish Riverbend Hill Project; Nate Cormier, Senior Landscape Design Architect, SvR Design Company. c. 2008 Centennial Recap "Looking back 100 years Pat Brodin, Public Works Operations Manager and Historical Society President. 3. PROCLAMATIONS/ a. Appointment of Steve Mullet to Position #3 on the Arts Commission, Pg.1 APPOINTMENTS with a term expiring12 /31/2012. b. Appointment of Alma Villegas to Position #8 on the Equity and Diversity Commission, with a term expiring 7/31/2009. c. Appointment of Eugene DeMesa to Position #9 on the Equity and Diversity Commission, with a term expiring 7/31/2010. 4. CITIZEN At this time, you are invited to comment on items not included on this agenda (please COMMENT /im it your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT a. Approval of Minutes: 9/15/08 (Regular); 9/22/08 (Special). AGENDA b. Approval of Vouchers. c. Accept as complete the Minkler Shop Re -Roof Building B Project with Pacific Pg.11 Sheet Metal and Roofing, Inc.; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $91,489.83). 6. UNFINISHED Authorize the purchase of an automated cashiering system from the Finance Pg.17 BUSINESS Department budget in the amount of $40,000.00 (see 9/22/08 C.O. W.). 7. NEW BUSINESS a. An ordinance establishing a six -month moratorium on the acceptance of Pg.19 applications for sign, development, and electrical permits for certain types of signage. b. Authorize the Mayor to enter into a settlement agreement to resolve the matter Pg.27 of Union Pacific Railroad v. City of Tukwila, Cause No. 07- 2- 23751KNT in the amount of $125,000.00. 8. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206433 -1800/ TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. CO UNCIL AGENDA SYNOPSIS ■N1L.4 y'' Iri[tlals ITEM No. C P1 1 Meeting Date Prepared by 1 Mayor's review I Council review t 1 10/06/08 SO :.0_ 1 I 1 ITEM INFORMATION CAS NUMBER: 08-115 'ORIGINAL AGENDA DATE: OCTOBER 6, 2008 AGENDA ITEM TITLE Appointments to Arts Commission and Equity Diversity Commission C. \"I•IGORY n Discussion Motion n Resolution U Ordinance Bid Award Public. Hearing Other 1ltg Date Mtg Date 10/6/08 lltg Date Mtg Date Mtg Date 1ltg Date tlltg Date 1SPONSOR Counci l Mgyor _Adra Svcs DCD Finance n Fire Legal P &R Police PW SPONSOR'S Arts Commission: Appointment of Steve Mullet to Position #3 term to expire SUMMARY 12/31/2012. Equity Diversity Commission: Appointment of Alma Villegas to Position #8 term to expire 7/31/2009; and Eugene DeMesa to Position #9 term to expire 7/31/2010. RI \'IItAC'Itl) BY 111 COW Mtg. 111 CA &P Cmte F &S Cmte 1 1 Transportation Cmte n Utilities Cmte Arts Comm. n Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Confirm appointments CO MMITTEE COST IMPACT FUND SOURCE Ex1i NDI "I'URP. REQUIIU D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 10/6/08 MTG. DATE 1 ATTACHMENTS 10/6/08 I Informational memorandum from the Mayor to the City Council dated 9/22/08 �11A,. /6-7 City of Tukwila 011 O :p 6200 Southcenter Boulevard e Tukwila, Washington 98188 Jim Haggerton, Mayor 1908 To: City Council From: Mayor Haggerton Re: Appointments Arts Commission, Equity Diversity Commission Date: September 22, 2008 Arts Commission (4 year term) Position #3 Artist After 12 years of service, Russell Bradley recently stepped down from his position on the Arts Commission, leaving this vacancy. Attached you will find the application of Mr. Steve Mullet, who has applied to fill this vacancy. This term is set to expire on 12/31/2008. Rather than having to reappoint in four months, I would ask that we make this appointment at this time with the expiration date of 12/31/2012. Equity Diversity Commission (2 year term) Position #8 School District Representative This position was recently vacated when Emma Mercado moved out of the country. Attached you will find the application of Ms. Alma Villegas, who has applied to fill this vacancy. The term in this unexpired position is set to expire 7/31/2009. Position #9 Community Representative Attached you will find the application of Mr. Eugene DeMesa, who has applied to fill the vacancy in Position #9. The term in this position is set to expire 7/31/2010. Unless I hear otherwise from members of the City Council before September 30, I will invite these citizens to the October 6, 2008 Regular City Council meeting to have these appointments confirmed. Thank you. in 1 /so encl. cf: City Clerk Kimberly Matej Evie Boykan Stephanie Gardner Phone: 206- 433 -1800 City Hall Fax: 206 -433 -1833 www.ci.tukwila.wa.us vi TUKWILA w J‘&' 4 z City of Tukwila Received APPLICATION FOR APPOINTMENT ;1 I 2 2 2 00 Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188 Tukwila Ci Service I wish to be considered for appointment to the following board or commission: ,Arts Commission Lodging Tax Advisory Committee Park Commission Equity and Diversity Commission Human Services Board Planning Commission Civil Service Commission Library Advisory Board Sister City Committee Commu i 'Oriented Policing Citizens Advisory Board (COPCAB) Other; 1 Name: x%v.,, +AI1 vs\l'\ 1 1P l— Date: S 12- /e Address: S3:0:3 Sc„ r vkUJLLtt Zip Code: c 1R16 Phone, Day: Night: Emlaiillt: Please check all that apply to you within the Tukwila City limits: I. Resident School District Representative Business Owner/Manager High School Student Available to attend meetings: gt Evenings 4 Daytime Present employer /occupation (if retired, please indicate former occupation): Rn 1 r Phone: Occupational history/background: -r}.e p Ark l;, /sin i \J,)' 4.f. Profe ional/community activities (orgs., clubs, service groups, etc.): 1 k' G lick -mc -tiz fL 4),; ki N A-ce 7 a t� jty ,..4 Hobbies/interests: 411- I AAAke ln �-cc c Qualifications related to this position: N2 1 4-1 :1� t >re.uct. w� -i a/ l I P_-ve_k ,r If you have pr viously ery on one of/1 above boardslc please provide details: u t arn i i; l,l e7rle hr: dl e; et J I J escr i be why you are interested in servi g on this•board/pommissi n/co g-i- 1 as r■ iectc� Q oktw l∎ 1 t Y t -I) Awl Call i�I1 t -k cu lt I h2 c b /e, f y71 l%i r: rcv AI 1 `i 1J J 1 tJ Signature: .xv{"; 1�0�Q�` D 8 z2Ic'�= t Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206 433 -1850. Application for Appointment 6/20/03 411 City of Tukwila k AV-- APPLICATION FOR APPOINTMFN ,408 Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila ‘4*188-, y J f I wish to be considered for appointment to the following board or commission: Arts Commission Lodging 'Fax Advisory Committee Park Commission Equity and Diversity Commission Human Services Board Planning Commission Civil Service Commission Library Advisory Board Sister City Committee Communi 'Oriented Policing Advisory Board (COPCAB) Other: Name: f l lG eG'ItS Date: AL-07L e S f Address: 101.0 D-- 5 L' S,P ('t 44S l T AO Zip Code: Phone, Day: Night Email: Please check all that apply to you within the Tukwila City Limits: Resident School District Representative Business Owner/Manager High School Student Available to attend meetings: \&venings Waytime Present employer /occup Lion (if retired, please indicate former occupation): -4-7„ s t1t311� i fa k 1s CO Li ra l l Phone: u 2Cs 1O 1 a 0 4 Occupational histo ackground: (lee, f 1 Cn eiS tb( AA f`, q _/-),{7- A S P e -i fle C.� 1 ,tf A A7 R�? sl lA I N t i r1 v�ty,tt Professional/community(activities (orgs., clubs, service groups, etc.): \T©L Lam; t 11-4.1 QE-0. t Ji fJ Q CF-43,—et) L 1 2- `l -�-R t saft� Hobbies/interests: F Kt Fl•-t Ott 01A--(0A-6 e R c OD te r Qualifications related to this position: DM i PA kV t l 1 erti Pt+� uj c t to Pth) l` T1) 'kV( I l i\r' i2& (y i `f C v m U t'o L HIV '1 (5R `CUC. LAM t -1-� i A-L 1 KK,() Ssl AN) 80Z31 t �1 t If you have pry 1y served on one of the above boards/commissions, please provide details! Describe why you are interested in serving on this board/commission /committee: I 11.i k 1.4ea -Iv 1 I A 1)j zt S'}l -f 'l Y� �NAf Q NA_ c Cat l f( C E P4\-t', i rr(�,) 1 T" \,VU I I Y 'a �TC✓ 1 AJ i h)1 t C /t 'JLtCI� �`U� Y t. t i Signature: 1 di a Date: 0/0 l l D 33 Note: Upon submission, all information on t its form becomes public record. For further clarification regarding this g g application or more information regarding the boards or commissions, please call the Mayor's office at 206 433 -1850. Application for Appointment 6/20103 W TUKWILA W °(1 1' City of Tukwila NA 2 f APPLICATION FOR APPOINTMENT 1 40 8 Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188 I wish to be considered for appointment to the following board or commission: Arts Commission Lodging Tax Advisory Committee Park Commission. A Equity and Diversity Commission Human Services Board Planning Commission Civil Service Commission Library Advisory Board Sister City Committee Communjty- Oriented Polici g Citizens Advisory Board (COPCAB) Other: Name: v en —e_ i r� 9e5°1 Date: /dc /)S( /�vg Address: �1� S /Sd �,�i�'= Zip Code: 9q Phone, Day: Night: Email:1111111111111411111111111 Please check all that apply to you within the Tukwila City limits: Resident School District Representative Business Owner/Manager High School Student Available to attend meetings: Evenings Daytime Present employer /occupation (if retired, please indicate former occupation): 7 ljrn s 7 fi� c;,?�r c,"�.0 n s. Phone: Zit ,2- V /.7 c,- Occu tional history/background: 7f,.,' //i1'. ./T» /77<- rL.f, -rte-- 4/ y rte`. w 7 f Ti„ r s 3 r, G J� 10%4 dot /t, 1 Professional/ ommunity activities (orgs., clubs, service groups, etc.): 7 �L x'.',,,<",,- A tar Hobbies/interests: ���/f� f c l r e c�> 77 s" r A 5A e fa s" A fP. S"S f, r_ i /�cdr, 4.9.-- -eif 1 Qualifications related to this position: Tene T. -ir_d /l .1� Z 7 2r rIr l r +e *L1/ 6r C L--,-Ti /A /2,,/ �f i'otI Je'�,-, .S(J .11. /,•�IIl ��.1 1� c �r�r;r S ,E7 ,%l: ea .1 Ti .6' 1 r 1 1 771 rr�D £i r (Y/r Xc/ If you have previously served on one of the above boards/commissions, please provide details: %i/4- Describe why you are interested in serving on this board/commission /committee: 7;:p ,r, s, k J '3,, 4 /iii t I /n iX 7' :'0- 4,, c-- it rra.) i�i A./f/ 51`d.=fi l7 Te`rr7/ tC14. Sig Date: /2 q No >:i submission, all information on this form becomes public record' For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206- 433 -1850. Application for Appointment 6/20103 C. OF TUKWILA i MT YO1 -1.5:3 OFF!C COUNCIL AGENDA SYNOPSIS s y Initiak Il E MNO. _LT I "8 Meeting Date 1 Prepared by 1 1VIayor's review 1 Council review 1 0 10/06/08 1 P13,14 A r' f rsoa I 1 I 1 1 1 ITEM INFORMATION CAS NUMBER: 08-116 I ORIGINAL AGENDA DA'Z'E: OCTOBER 6, 2008 AGENDA ITEM TITLE Accept as complete Minkler Shops ReRoof Building 'B' and release retainage. CA I'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 10/06/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S The contract with Pacific Sheet Metal Roofing, Inc is complete for the Minkler Shops SUMMARY B `B` ReRoof Project. Construction began April 1, 2008 and was completed on June 13, 2008. The contract repaired and installed a new roof at the Minkler Shops. One change order for $3,635.62 repaired some drainage issues. This project is ready for final acceptance and the total contract amount was $91,489.83. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 09/23/08 RECOMMENDATIONS: SPONSOR /ADMI. Accept contract as complete and authorize release of retainage. COMBiI'TEE Unanimous approval; forward to Regular Consent Agenda. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $91,489.83 $100,000.00 Fund Source: 303 Facilities Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/06/08 MTG. DATE ATTACHMENTS 10/06/08 Information Memo dated September 17, 2008 Notice of Completion of Public Works Contract 08 -015 Transportation Committee Meeting Minutes from September 23, 2008 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: September 17, 2008 Subject: Minkler Shops Re -Roof Buildine `B' Project No. 03 -BG08 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 08 -015 with Pacific Sheet Metal Roofing, Inc. was issued March 24, 2008 for construction of the Minkler Shops Building B' Re -Roof Project. Work began on April 1, 2008, and was completed 011 June 13, 2008. One (1) Change Order was issued and there were no additional cost overruns or underruns. Contract Award Amount 80,300.00 Change Order #1 3,635.62 Sales Tax 9.0% 7.554.21 Total Amount Paid (incl. retainage) 91,489.83 RECOMMIENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of retainage, subject to the standard claim and lien release procedures. RR/tm Attachment: Notice of Completion P: \PROJECTS \A BG Projects \03BG08 MINKLER SHOP REROOF \Minkler ReRoof 2008 Bldg B \Info Memo Closeout.doc State of Washington Department of Revenue PO Box 47474 REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 602 257 647 Date 9/10/08 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: 4 Name &Address o£Public 4� Depart�uen #__ITseOnly r Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number City Shops ReRoof Building 13 (Project No. 03 BG08) 08 015 Contractor's Name Telephone Number Pacific Sheet Metal Roof LLC 206 682 5354 Contractor's Address 111 So. Spokane St., Seattle, WA 98134 Date Work Commenced Date Work Completed Date Work Accepted 4/1/08 6/13/08 Surety or Bonding Company Contractors Bonding Insurance Co. #LC5756 Agent's Address Nick Zachnich, 1407116 Ave. NE, #104, Bellevue, WA 98004 Contract Amount 80,300.00 Additions 3,635.62 Liquidated Damages 0.00 Reductions 0.00 Sub -Total 83,935.62 Amount Disbursed 87,293.05 Amount of Sales Tax Paid at 9.0 7,554.21 Amount Retained 4,196.78 (If various rates apply, please send a breakdown.) TOTAL 91,489.83 TOTAL 91,489.83 Disbii s'ing--Off cer il Comments: Signature Type or Print Name Diane Jaber Phone Number 206 -433 -1871 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27-01) Transportation Committee Minutes September 23, 2008 Paae 2 At the August 12, 2008, Transportation Committee meeting, staff discussed some of the project challenges involving utility coordination and relocation. In response to that discussion, staff reported that the City currently has a franchise agreement with Seattle City Light, and therefore, there is no need for a separate coordination agreement regarding utility relocation. Unfortunately, the City does not have a franchise agreement with Qwest, and Qwest is not willing to enter into a project specific coordination agreement with the City. Qwest is required to relocate the facilities as allowed by law. Staff will continue to provide updates on the situation. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13 COW FOR DISCUSSION. D. Minkler Shop Re- Roof Building B Proiect Completion and Acceptance Staff is seeking full Council acceptance for project completion and release of retainage for Building B Re- Roof of the Minkler Shop. The project ran slightly over the original contract cost due to one change order. U M ODS AP PROV AL. FOR TO OCTOBER 6 CONSE AGEN III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Tuesday, October 14, 2008 5:00 p.m. Conference Room 1 P &L- Committee Chair Approval Minutes by KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS Initials ITEM No. p'1 1 !Meetin Date Prepared by Mayor's review I I I I Council review t 09/22/08 CO 1 ,Ii. I J. 1 10/06/08 1 CO I' r LoP I I I I ITEM INFORMATION CAS NUMBER: 08-114 'ORIGINAL AGENDA DATE: SEPTEMBER 22, 2008 AGENDA ITI.NI Trri.r. Acquisition of an automated cashiering system C.\ I I GORY Discussion Motion 1 1 Resolution 1 1 Ordinance 1 1 Bid Award Public Hearing Other lilts Date 9/22/08 lilts Date 10/6/08 Altg Date Alts Date Mg Date AItg Date Mfg Date SPONSOR n Council Mayor Adrn Svcs DCD Finance Fire Legal 1 1 P &R Police P1V SPONSOR'S There is a need for an automated cash receipts system in the Finance Department to SU. M \RY modernize the cash handling and posting process and to provide for the acceptance of credit /debit card payments. The Council is being asked to approve the expenditure of $40,000 to purchase a cash receipting system. RI.\'IIE,\VI .D BY 1 1 COW Mtg. 1 1 CA &P Cmte F &S Cmte n Transportation Cmte Fl Utilities Cmte P1 Arts Comm. f l Parks Comm. 1 1 Planning Comm. DA'Z'E: 9/16/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve acquisition of the system COMMITTEE Unanimous approval; forward to Committee of the Whole COST IMPACT FUND SOURCE EIPI?NDIrURI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $40,000 Fund Source: FINANCE DEPARTMENT BUDGET Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 9/22/08 I Forward to next Regular Meeting MTG. DATE I ATTACHMENTS 9/22/08 1 Informational memorandum dated 9/17/08 Informational memorandum dated 9/3/08 Minutes from the Finance and Safety Committee meeting of 9/16/08 10/6/08 No attachments COUNCIL AGENDA SYNOPSIS s f Z Initials ITEM NO. 1' P .�1 -1 Meeting Date Prepared by 1 Mayor's review Council review 1 i 10/06/08 1 BM BALI I /4 1 fi r, ��_J' 1 isoa I I I ITEM INFORMATION CAS NUMBER: 08-117 ORIGINAL AGENDA DATE: OCTOBER 6, 2008 AGENDA ITEM TITLE Moratorium on certain types of signage CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/06/08 Mtg Date Mtg Date Mtg Date 10/06/08 Mig Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&TR Police PW SPONSOR'S Adoption of a moratorium on the placement of animated, electronic, and holographic signs; SUMMARY billboards; freestanding signs taller than six feet in height; and freeway interchange signs. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: No committee assignment due to emergency RECOMMENDATIONS: SPONSOR /ADMI i. Adopt moratorium as presented COM HTTEE N/A COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 10/6/08 MTG. DATE ATTACHMENTS 10/6/08' Informational Memorandum dated September 30, 2008 Ordinance in final form L.A fr. Ct Zl 1 T s i Jim Haggerton, Mayor m 11.1 I, trIV Department o, f Community Development Jack Pace, Director If F,F 1908 TO: Mayor Haggerton Councilmembers FROM: Jack Pace, Director Brandon Miles, Senior Planner RE: Emergency Moratorium Sign Code Update DATE: September 29, 2008 Background On July 2, 2007 the City Council adopted a moratorium on the filing of permits for the installation of animated, electronic, and holographic signs within the City (Ordinance Number 2170). The moratorium was subsequently renewed on November 19, 2007 and May 19, 2008 (Ordinance Numbers 2180 and 2202). The purpose of the moratorium was to allow the City time to examine the issues associated with dynamic signs as part of the sign code update. Since the moratorium was adopted the City has convened a Sign Code Advisory Committee to examine the various issues with the City's existing sign code. The Sign Code Advisory Committee has made policy recommendations to limit the use of certain types of signs under the new sign code; this includes freeway interchange signs and pole signs. At the next Committee meeting the Committee will be discussing if billboards should continue to be allowed in certain areas of the City. Given that the Committee has expressed a desire to improve the visual character of the City, staff is anticipating that the Committee will not be supportive of allowing additional billboards within the City. The goal in prohibiting new freeway interchange signs, billboards and pole signs would be to improve the visual character of the City. A draft sign code incorporating this direction will be reviewed by the Planning Commission in February with City Council review likely to start in either April or May. Expanding the current moratorium to include those types of signage that may not be permitted under the new sign code would prevent businesses from investing in potentially non conforming signs. 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 The following sign types are covered under the moratorium: 1. Animated and electronic signs 2. Freestanding signs taller than six feet. Existing freestanding signs that comply with the current sign code will be allowed to have new panels and face changes subject to the limitations found in Title 19. 3. Freeway Interchange Signs. Existing freeway interchange signs may not have new faces installed until the moratorium is lifted. 4. Billboards The proposed moratorium would be effective for six months from the date of adoption. The City Council is required to hold a public hearing within 60 -days from the date of adoption. Should the City Council adopt the moratorium at tonight's meeting, a public hearing can be scheduled for November 3, 2008. Recommendation Adopt the moratorium and schedule a public hearing on the moratorium for November 3, 2008. yfi OM_ Pit s 4a City of Tukw Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SIX -MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2165, 2170, 2180 AND 2202; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code the Sign Code regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current sign code is out- dated and needs to be updated, in order to address the complexity of development issues within the City; and WHEREAS, the City desires to limit the number of signs that might be rendered nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by a staged amortization program; and WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165, establishing a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City, and that moratorium was renewed by Ordinance Nos. 2170, 2180 and 2202; and WHEREAS, the City Council and Planning Commission were briefed on various sign code issues at a joint meeting on October 25, 2007; and WHEREAS, on February 4, 2008 the City Council adopted Resolution 1656 which called for the creation of a Sign Code Advisory Committee to assist City staff in the creation of a new sign code; and WHEREAS, since July of 2008 the Committee has met five times to discuss the various issues associated with the creation of a new sign code, and has developed recommendations to limit certain types of signage, in order to improve the visual appearance of the City; and WHEREAS, the City has received and will continue to receive applications for a variety of signs that may conflict with the City's update to Title 19 and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City may adopt an emergency moratorium for a period of up to six months, providing it holds a public hearing on that moratorium within 60 days after its adoption; C:\Documents and SetiingslAll Users\Des4. top \Kelly\NISDATA1Ordinances'Sian Code Moratorium -doc Page 1 of 3 ken 10;1)2008 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Sect 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code. Section 3. Moratorium Imposed. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TMC 19.08.030, any sign that displays a "Holographic Display" as defined under TMC 19.08.105, and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the (imitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 19.08.100. Nothing in this moratorium shall be construed to prevent the maintenance of an existing freestanding sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with Title 19 of the Tukwila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 19.32.140 (E)(2). Nothing in this moratorium shall be construed to prevent the maintenance of an existing freeway interchange sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2165 dated June 4, 2007, No. 2170 dated July 2, 2007, No. 2180 dated November 19, 2007, and No. 2202 dated May 19, 2008 are hereby repealed. Section 5. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 8 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of Findings of Fact. Section 6. Public Hearing to be Held. A public hearing on the issues of the moratorium shall be held not later than 60 days after the date of adoption of this ordinance. C:%Documents and Settins1A11 Users Desktop \Kelly1MSDATA \Ordinances\Sign Code Moratorium.doc Page 2 of 3 ksn 10112008 Section 7. 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 8. Emergency Declared Effective Date. The Tukwila City Council hereby declares an emergency, necessary for the protection of the public health, public safety, public property and public peace. This public emergency ordinance shall take effect and be in full force immediately upon adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the "Whereas" clauses above, all of which are adopted by reference as Findings of Fact as if fully set forth herein. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C:SDocuments and Settines\All Users\ Deskt opKKellyvMSDATA '.Ordinances'Sian Cede Moratorium.dec Page 3 of 3 ksn 10/1/2008 �J;��IILA, tv9 f Co UNCIL AGENDA SYNOPSIS :1,4/ •:y Lutials I1hAM o —r 1 S illeetin Date Prepared by Ilia •or'.i review I Council review us fs) 1 IU rs 1 1 1 E, ITEM INFORMATION I CAS NUMBER. 08-118 I ORIGINAL AGEN.DA DATE: OCTOBER 6, 2008 AGkNU.■ ITkm Tr Authorize the Mayor to enter into a settlement agreement with Union Pacific Railroad C. "i'1.GORl" Discussion El Motion Resolution I 1 Ordinance 1 Bid Award Li Public Hearing Other illtg Date Illtg Date 10/06/08 Mtg Date !lltg Date dltg Date 1I 1 Date Altg Date I SPC )N SOR Council MYlayor Adm Svcs DCD Finance Fire Legal n P&R n Police n PW SPONSOR'S Authorize the Mayor to enter into a settlement agreement to resolve the matter of Union SUMMARY Pacific Railroad v. City of Tukwila, in the amount of $125,000, RI I'.vo,D BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte 1 Utihties Cmte Arts Comm. El Parks Comm. Planning Comm. DA"I L. RECOMMENDATIONS: SPONSOR /ADMAN. Authorize the Mayor to sign the settlement agreement COM MI1TEE N/A COST IMPACT FUND SOURCE EXIThNDI1'URI.. REQUMED AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 Fund Source Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/6/08 1 MTG. DATE ATTACHMENTS 10/6/08 Informational memorandum dated 9/26/08 ILA -7 of Tukto o i 1 10 1 y 6200 Southcenter Boulevard Tukwila Washington 98188 Jim Haggerton, Mayor Ott j 1908 INFORMATION I'IEMVIORANDUM To: Mayor Haggerton and City Council From: Jim Morrow, Public Works Director Shelley Kerslake, City Attorney Date: September 26, 2008 Subject: Settlement Agreement Union Pacific Railroad v. City of Tukwila ISSUE: Authorize the Mayor to sign the settlement agreement with Union Pacific Railroad. BACKGROUND: The City entered into an agreement with the Union Pacific Railroad (UP) in 2001 for the construction of temporary and permanent railroad track relocations. The estimated cost for the work by UP was agreed to at 8527,225. The agreement required that the City pay all actual costs. Dunng construction, the City of Tukwila notified UP that the railroad's invoices were overrunning certain categories of work. At the end of construction in 2003, UP notified Tukwila that their actual costs amounted to 8729,608.44. Tukwila notified UP that until UP justified the additional costs the contract overrun of 8202,383.44 would remain in dispute. In 2005, UP notified Tukwila they were seeking payment for the 8202,383.44 and would elevate the matter if we did not pay immediately. Again, UP was notified that overrun amount remained in dispute. In 2007, UP filed suit against Tukwila and it was not until recently in 2008 that UP provided full documentation of their cost overruns. Public Works staff and Kenyon Disend met with UP and their attorney for a settlement conference. The tentative settlement amount of 8125,000 was arrived at as being a satisfactory compromise. ANALYSIS Since the UP agreement allows UP to recover all actual costs, it would be difficult and expensive for Tukwila to prove certain costs were not allowed or applicable to this contract. Also, the possibility of pre judgment interest was brought up and could amount to over 8150,000, with a total claim of over $350,000. In addition, trial legal fees could add up to over 850,000. RECOMMENDATION Authorize the Mayor to sign the settlement agreement with UP for $125,000.00 to settle all claims. Phone: 206 -433 -1800 e City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. October 6 13 20 27 Special Issues: Public Hearing: See agenda packet Fire Department Fire Department cover sheet for this Master Plan Master Plan weeks agenda Tukwila Urban Unfinished Business: (October 6, 2008 Center Transit Fire Department Regular Meeting) Center Supplement Master Plan 44 Phase I Design Tukwila Urban Andover Park West Center Transit (Tukwila Pkwy. to Center Supplement Strander) Supple- 44 Phase I Design ment TS Design Andover Park West Report update (Tukwila Pkwy. to Tukwila Intl. Blvd. Strander) Supple Phase II III third ment #5 Design party utility Report update coordination Tukwila Intl. Blvd. agreements Phase II III third party utility coordination agreements November 3 10 17 24 Public Hearing: Public Hearing: 11" Veterans Day (City offices closed) Comprehensive Plan 2009 -2010 proposed amendment (map budget 27th change and zoning Unfinished Business: Thanksgiving Day map change (City offices closed) LDR-MDR) Comprehensive Plan (quasi-judicial) amendment (map 28th Day after change and zoning Thanksgiving Special Issues: map change (City offices dosed) Comprehensive Plan LDR -MDR) amendment (map change and zoning map change LDR -MDR) December 1 8 15 22 25 a, Christmas Day (City offices closed) 29th Fifth Monday of the month —no Council meeting scheduled Upcoming Meetings Events OCTOBER 2008 6th (Monday) 7th (Tuesday) 8th (Wednesday) 9th (Thursday) 10th (Friday) 11th (Saturday) Utilities Crate Chamber of Sister City Family Bingo Hum Ee Council Coffee CANCELLED Commerce Crate, Advisor; Board Chat Gov't. 5:30 PM Night RESCHEDULED Civil Service Community (CR 43) 630 to 8:30 P FOR NOV. 14 1 NOON Commission, Affairs Cmte., RESCHEDULED at the Tukwila at Starbucks 5:00 PM 12:00 NOON FROM OCT. 1 Community Center (CR R3) (Chamber per 3038 interurban Cost is 52.00 Ave.) Office) Planning person for up to 3 October 10- 11 -12: Commission cards. Extra cards The Household City Council Arts (Work Session may be purchased Hazardous Regular Mtg., Commission, on the for 504 each. S Wastemobile will b 5:00 PM 7:00 PM Shoreline Fun prizes! at the Criminal (Council (Community Master Concessions will Justice Center in Stop by and Center) Chambers) Program), be available. Burien informally talk 6:00 PM (19010 1st Ave. S.) with a Tukwila Finance (Council planning 10:00 AM to 5:00 PM Safety City Council Safe ety Crate, Chambers) member about PM Commission (Continuance of 0 anything on your (CR 43) Public Hearing R m i n d regarding NOTE: the Shoreline li Tukwila. Presentation Master Program), on Des Moines 7:00 PM animal control (Council will begin at Chambers) 4:00 FM. 13th (Monday) 14th (Tuesday) 15th (Wednesday) 16th (Thursday) 17th (Friday) 18th (Saturday) Community Transportation Crime Hot Domestic Affairs Cmte, Spots Task Violence Task Free Shredding Parks Cmte, 5:00 PM Force Mtg., Force, Event 5: 00 PM (CR 61) 10:00 AM 12:00 NOON 10:00 AM 1:00 PM (CR 43) (CR 45) (Human Services Boeing Employees office) Credit Union Highway 99 (12770 Gateway City Council Action Crate, Parks Drive) Committee of 7:00 PM Commission, Sr Code Free -to-all the Whole (Community 5:30 PM Mtg., Center Advisory shredding event 7:00 PM Center) Committee sponsored by (Council 6:00 PM BECU and other Chambers) (Council credit unions Chambers) throughout the Planning state and the Commission Tukwila Police (Work Session Tukwila Historical Department on the Shoreline Master Society, Program), 7:00 PM 6:00 PM (George Long (Council facility) Chambers) Clay Jenkinson Library as J. Robert Advisory Oppenheimer Board, 7:00 PM NOTE: Clay 7:00 PM Foster Performing Jenkinson will also (Foster Library) Arts Center be appearing as Sponsored by the Teddy Roosevelt in Tukwila Rotary Club Redmond on Oct. 17, Visit www.tukwila and as Thomas rotary.org or call Jefferson at the UW 206 674 -4673 4 on Oct 18. Arts Commission: Ist Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206 -575 -1633. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: Ist Mon., 5:00 PM, Conf. Room 43. Contact Bev Willison at 206- 433 -1844. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 43. Agenda items for 10/7/08 meeting: (A) Resolution authorizing cancellation of outstanding claims and Municipal Court checks and Foster Golf gift cards. (B) Resolution ordering cancellation of past due accounts receivables and returned check write -offs. (C) Memorandum of Agreement for FEMA National Urban Search Rescue Response System. (D) Comp Plan amendments—capital facilities element. (E) Capital Facilities Plan. >Planning Commission: 4th Thurs., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. Sister City Committee: 1st Wed., 5:30 PM, Conf Room 43. Contact Bev Willison at 206 -433 -1844. Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 41. 10/6/08 meeting has been cancelled