Legislation Passed September 29, 2015

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1 Legislation Passed September, The Tacoma City Council, at its regular City Council meeting of September,, adopted following resolutions and/or ordinances. The summary of contents of said resolutions and/or ordinances are shown below. To view full text of document, click on bookmark at left of page. Resolution No. A resolution setting Thursday, November,, at :00 a.m., as date for a hearing by Hearing Examiner on request to vacate alley between East D Street and East E Street, north of Puyallup Avenue and south of BNSF Railway Company property and terminus of City right-of-way, for a passenger drop-off and bus zone. (PCSD Tacoma Facilities I, LLC; File No..) [Ronda Cornforth, Senior Real Estate Specialist; Kurtis D. Kingsolver, P.E., Director, Public Works] Resolution No. A resolution authorizing execution of an amendment to contract with Pape Machinery, Inc., in amount of $0,000, plus sales tax, for a cumulative total of $00,000, budgeted from various departmental funds, to extend contract for occasional warranty and non-warranty services, repairs, and parts for City s John Deere equipment on an as-needed basis through November 0, - Specification No. GF-00N. [Justin E. Davis, Facilities Division Manager; Kurtis D. Kingsolver, P.E., Director, Public Works] Resolution No. A resolution authorizing execution of an agreement with Pierce County, in amount of $,000, budgeted from Solid Waste Fund, to provide household hazardous waste collection services to Pierce County residents, for an initial five-year term, with option to renew for one additional two-year term, for a projected contract total of $,,000; and providing for 0 percent reimbursement by Pierce County, beginning January,. [Gary H. Kato, Solid Waste Division Manager; Michael P. Slevin III, P.E., Director, Environmental Services] Ordinance No. An ordinance amending Chapter. of Municipal Code, relating to Weapons, to permit possession of air guns, air rifles, B-B guns, and slingshots, while preserving misdemeanor offense of discharging or shooting such items in City; and allow for a limited exception for discharge of air guns, air rifles, and B-B guns for recreational purposes in an indoor, licensed business facility. [Keith Echterling, Assistant City Attorney; Elizabeth Pauli, City Attorney]

2 Req. #-0 RESOLUTION NO. A RESOLUTI ON relating to vacation of City right-of-way; setting Thursday, November,, at :00 a..m., as date for a hearing before City of Tacomaa Hearing Examiner on petition of PCSD Tacoma Facilities I, LLC, to vacate all that certain alley lying between East D Street and East E Street, norrly of Puyallup Avenue and sourly of BNSF Railway Company property and terminus of City right-of-way, for a passenger drop-off and bus zone. WHEREAS PCSD Tacoma Facilities I, LLC, having received consent of owners of more than two-thirds of properties abutting that certain alley lying between East D Street and East E Street, norrly off Puyallup Avenue and sourly of BNSF Railway Company property and terminus of City right-of-way, for a passenger drop-off and buss zone, have petitioned for vacation of following legally described right-of-way: A portion of foot alley way lying between Blocks and of Plat of TACOMA LAND COMPANY S FIRST ADDITION TO TACOMA, W.T., recorded July,,, Pierce County, Washington, situated in Northwest quarter of Norast quarter of Section 0, Township North, Range 0 East, W..M. more particularly described as follows: Commencing at Norast corner of said Block and sourly margin of Burlington Norrn and Santa Fe Railway Company s right of way; Thence South 0 East along easterly margin of said Block, a distance of. feet to Point of Beginning; Thence continuing South 0 East, a distance of.. feet to Souast corner of said Block ; Thence North East, a distance of. 00 feet to Southwest corner of said Block ; Thence North 0 West along westerly margin of said Block, a distance of. feet; Thencee South West a distance of.000 feet to Point of Beginning; Now, Therefore, Res-0.doc-JHC/bn --

3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA: Section. That Thursday, November,, at :00 a.m., is hereby fixed as date and time, and Council Chambers on first floor of Tacoma Municipal Building, Market Street, in City of Tacoma, as place when and where petition of PCSD Tacoma Facilities I, LLC, to vacate all that certain alley lying between East D Street and East E Street, norrly of Puyallup Avenue and sourly of BNSF Railway Company property and terminus of City right-of-way, for a passenger drop-off andd bus zone, will be heard by Hearing Examiner and her recommendations reafter transmitted to Council of City of Tacoma. Section. That Clerk of City of Tacoma shall give proper notice of time and place of said hearing. Adopted Attest: City Clerk Approved as to form: Deputy City Attorney Mayor Property description approved: Chieff Surveyor Public Works Department Location: All that certain alley lying betweenn East D Street and East E Street, norrly of Puyallup Avenue and sourly of BNSF Railway Company property and terminus of City right-of-way Petitioner: PCSD Tacoma Facilities I, LLC File No.:. Res-0.doc-JHC/bn --

4 Req. #-00 RESOLUTION NO. A RESOLUTI ON related to purchase of materials, supplies or equipment, and furnishing of services; authorizing increase of Contract No with Pape Machinery, Inc., in amount of $0,000,, plus sales tax, for a cumulative total of $00,000, budgeted from various departmental funds, to extend contract for occasional warranty and non-warranty services, repairs, and parts for City s John Deere equipment on an as-needed basis through November 0,, pursuant to Specification No. GF-00N. WHEREAS City has complied with all applicable laws and processes governing acquisition of those supplies, and/or procurement of those services, inclusive of public works, as is shown by attached Exhibit A, incorporated herein as though fully set forth, and WHEREAS Board of Contracts andd Awards has concurred with recommendation for award as set forth in Exhibit A ; Now, Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA: Section. That Council of City of Tacomaa concurs with Board of Contracts and Awards to adopt recommendation for award as set forth in attached Exhibit A. Section. That proper officers of City are hereby authorized to increase Contract No with Pape Machinery, Inc., in amount of $0,000, plus sales tax, for a cumulative total of $00,000, budgeted from various departmental funds, to extend contract for occasional warranty and non-warranty services, repairs, and parts for City s John Deere equipment Res-00.doc-EAP/bn --

5 on an as-needed basis through November 0,,, pursuant to Specification No. GF-00N, consistent with Exhibit A. Adopted Attest: City Clerk Approved as to form: City Attorney Mayor Res-00.doc-EAP/bn --

6 Req. #-0 RESOLUTION NO. A RESOLUTI ON relating to household hazardous waste; ; authorizing execution of an agreement with Pierce County, in amount of $,000, budgeted from Solid Waste Fund, to provide household hazardous waste collection services to Piercee County residents for an initial five-year term, with option to renew for one additional two-year term, for a projected total of $,,000; and providing for 0 percent reimbursement by Pierce County for said services, to be deposited into Solid Waste Fund beginning January,. WHEREAS City has a Household Hazardous Waste Facility ( HHW Facility ) to collect, store, and prepare for transfer of household hazardous waste received from City residents, and WHEREAS, since August, Piercee County residents have utilized HHW Facility pursuant to agreements betweenn City and Pierce County, and WHEREAS Piercee County reimburses City forr costs of services rendered to County participants, which is in accord with Solid Waste Management Plan ( Plan ) for Pierce County, due for revisions by, and WHEREAS parties desire to enter into a five-year agreement to allow services to continue through term of current Plan, and to allow for one two-year extension of services in event Plan revisionss are not completed as scheduled, and WHEREAS consolidation of program creates operational efficiencies, provides savings for both parties in form of lower disposal rates, and protects environment from inappropriate disposal of household hazardous wastes, and WHEREAS Piercee County will reimburse City in approximate amount of $,000 per year over five-year period, which willl reduce overall costs of City s HHW program, and Res-0.doc-CDB/bn --

7 WHEREAS staffing levels at HHW Facility are sufficient to manage increased volume of customers, and WHEREAS, at end of proposedd agreement term, mechanismm for providing services for collection of HHW from Pierce County residents can be reviewed in light of its new Solid Waste Management Plan; Now, Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA: That proper officers of City are hereby authorized to enter into an agreement with Pierce County, in amount of $,000, budgeted from Solid Waste Fund, to provide household hazardous waste collection services to Pierce County residents for an initial five-year term, with option to renew for one additional two-year term, for a projected total of $,,000, said document to be substantially in form of agreement on file in office of City Clerk; and to provide for 0 percent reimbursement by Pierce County for said services, to be deposited into Solid Waste Fund beginningg January,. Adopted Attest: City Clerk Approved as to form: Deputy City Attorney Mayor Res-0.doc-CDB/bn --

8 Req. #-0 ORDINANCE NO. AN ORDINANCE relating to public safety; amending Chapter. of Tacoma Municipal Code by amending Sections..,..0, and..0 reof to permit possession of air guns, air rifles, B-B guns, and slingshots, while preserving misdemeanor offense of discharging or shooting such items in City; and allow for a limited exception for discharge of air guns, air rifles, and B-BB guns for recreational purposes in an indoor, licensed business facility. WHEREAS Tacoma Municipal Code ( TMC ).. prohibits, with no exceptions, carrying, shooting, or discharging of any air gun, air rifle, B-B gun, or slingshot in City of Tacoma, and any person engaging in said conduct is guilty of a misdemeanor offense, and WHEREAS TMC..0 provides that a parent or guardian of a child under age of years who knowingly permits such child to engage in conduct prohibited in TMC.. is also guilty of a misdemeanor offense, and WHEREAS staff desires to eliminate criminal penalty for merely possessing an air gun, air rifle, B-BB gun, or slingshot, and WHEREAS staff furr desires to allow a limited exception to TMC.. for purpose of allowing shooting or discharging off an air gun, air rifle, or B-BB gun for ecreational purposes in an indoor, licensed business facility, and WHEREAS proposed TMC amendments will () permit possession of air guns, air rifles, B-BB guns, and slingshots, while preserving misdemeanor offense of discharging or shooting such items in City; ; and () create a limited exception for shooting or discharging any air gun, air rifle, or B-B gun for recreational purposes in an indoor, licensed business facility, so long as such use does not endanger persons or property, or create a public or private nuisance, and Ord-0.doc-KE/bn --

9 WHEREAS proposed amendmentss will allow for issuance of a business license for recreational air gun use inn such facilities, and WHEREAS proposed amendmentss were presented to Public Safety, Human Services, and Education ( PSHSE ) Committee on March, June, and August,, and PSHSE Committee recommended proposed amendments for consideration by City Council; Now, Therefore, BE IT ORDAINED D BY THE CITY OF TACOMA: That Chapter. of Municipal Code is hereby amendedd by amending Sections..,...0, and..0 reof, as set forth in attached Exhibit A. Passed Attest: City Clerk Approved as to form: Assistant City Attorney Mayor Ord-0.doc-KE/bn --

10 EXHIBIT A Chapter. WEAPONS Sections:..0 Definitions...0 Repealed...00 Repealed...00 Repealed...00 Repealed...00 Repealed...00 Repealed...00 Unlawful use of weapons...00 Exemptions Dangerous knives...0 Repealed... Repealed... Discharging Aair guns and slingshotss prohibited Exception...0 Air guns and slingshots Parents permitting use...0 Air guns and slingshots Confiscation...0 Violation Penalty...0 Repealed...0 Repealed. * * *.. Discharging Aair guns and slingshots prohibitedd Exception. It is unlawful for any person to carry or to shoot or dischargee any air gun, air rifle, B-B gun, or slingshot in City of Tacoma, except that a person may shoot or dischargee any air gun, air rifle, or B-BB gun for recreational purposes in a licensed indoor business facility designed and operated for such purposes, where shooting or discharging will not endanger any person or property or create a nuisance for public or any adjacent property owner...0 Air guns and slingshots Parents permitting use. It is unlawful for parent or guardian of any child under age of years to knowingly permit such child to carry or discharge any air gun, air rifle, B-BB gun, or slingshot in City of Tacoma, except as provided in Section Air guns and slingshots Confiscation. Whenever any person shall be convicted of violating any of provisions of Section.. of this chapter, air gun, air rifle, B-B gun, or slingshot so carried or discharged shall bee confiscated and ordered destroyed by Municipal Court of City of Tacoma. Ord-0.doc-KE/bn --

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