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HomeMy WebLinkAboutCOW 2020-11-23 COMPLETE AGENDA PACKETTukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE ❖ �� ----- a '' 190$ Allan Ekberg, Mayor Counci/members: + Verna Seal + Kathy Hougardy David Cline, City Administrator + Kate Kruller + Thomas McLeod De'Sean Quinn, Council President ❖ Zak Idan ❖ Cynthia Delostrinos Johnson THE MEETING WILL 20-28 ADOPTED ANY PUBLIC AGENCY, RCW 42.30 UNLESS NOT BE CONDUCTED AT TUKWILA CITY HALL, BASED ON THE GOVERNOR'S PROCLAMATION 24, 2020 WHICH SAYS IN PART: TO RCW 42.30, IS PROHIBITED FROM CONDUCTING ANY MEETING, SUBJECT TO MARCH SUBJECT (A) THE MEETING IS NOT CONDUCTED IN-PERSON AND INSTEAD PROVIDES AN OPTIONS) FOR THE PUBLIC TO ATTEND THE PHONE For Monday, November 23, THE PROCEEDINGS THROUGH, AT MINIMUM, TELEPHONIC ACCESS, ..." NUMBER FOR THE PUBLIC TO LISTEN TO THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Technical Support during the meeting call: 1-206-431-2179. 2020; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. PUBLIC COMMENTS Those wishing to provide public comments will have the opportunity to deliver public comments via email. All written comments received by email to citycouncil@tukwilawa.gov prior to 5:00 PM on the date of the meeting can be read aloud during the meeting by City staff within the normal five-minute time limit. Please clearly indicate whether you want your e-mail read during Public Comments at the next Tukwila City Council meeting. 3. PUBLIC HEARING An ordinance amending Table 18-6, "Land Uses Allowed by District," as codified in Title 18, "Zoning," of the Tukwila Municipal Code, to clarify the types and form of development permitted in the Regional Commercial (RC) and Neighborhood Commercial Center (NCC) zones located in the Tukwila International Boulevard Study area. To provide public hearing comments, please email citycouncil@tukwilawa.gov, provide your first and last name, and Pg.1 reference the public hearing topic in the subject line, by 5:00 PM on November 23, 2020. Once you have signed up by email, your name will be called upon during the meeting to speak for up to five minutes. Call 1-253-292-9750, ACCESS CODE: 670077847# at 7:00 PM on November 23, 2020 to access the meeting. 4. SPECIAL ISSUES a. An ordinance amending Table 18-6, "Land Uses Allowed by District," as codified in Title 18, "Zoning," of the Tukwila Municipal Code, to clarify the types and form of development permitted in the Regional Commercial (RC) and Neighborhood Commercial Center (NCC) zones located in the Tukwila International Boulevard Study area. (continued..) Pg.1 COMMITTEE OF THE WHOLE / SPECIAL MEETING November 23, 2020 Page 2 4. SPECIAL ISSUES (cont.) b. Weekly COVID-19 report. c. COVID-19 Financial Impact Report. d. A resolution adopting a Consolidated Permit Fee Schedule. e. Residential Rental Housing and Inspection Program: (1) An update on the Residential Rental Housing Licensing and Inspection Program. (2) A resolution adopting a Residential Rental Business License and Inspection Program Fee Schedule. f. Financial policy legislation: (1) A resolution adopting Financial Policies. (2) A resolution adopting a Purchasing Policy. (3) An ordinance updating Tukwila Municipal Code Chapter 3.32, "Budget Provisions." g. Ordinances (2) updating Fire and Parks Impact Fees. h. Purchase of a new Aid Unit for the Fire Department in the amount of $280,000.00. i. An ordinance granting a non-exclusive franchise to Extenet Systems, Inc., for the purpose of constructing, operating, and maintaining a telecommunications system in the public rights-of-way in the City. j. A briefing on the Tourism Promotion Area Interlocal Agreement. Pg.89 Pg.99 Pg.115 Pg.133 Pg.141 Pg.137 Pg.149 Pg.161 Pg.169 pg.191 Pg.203 Pg.219 Pg.231 Pg.259 5. REPORTS a. Mayor b. City Council c. Staff d. Legislative Analyst 6. MISCELLANEOUS 7. ADJOURN TO SPECIAL MEETING (continued..) COMMITTEE OF THE WHOLE / SPECIAL MEETING November 23, 2020 Page 3 ❖ SPECIAL MEETING ❖ ❖ Ord #2641 ❖ Res #2009 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Vouchers b. Tourism funding: (1) A resolution establishing guiding principles for the allocation of the City's tourism funds. (2) Approve the tourism six-year financial plan. [Reviewed and forwarded to Consent by the Committee of the Whole meeting on 11/9/20.] c. Authorize the Mayor to sign a consultant agreement with KPG, Inc., for the East Marginal Way South Stormwater Outfall Project, in the amount of $179,978.98. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/16/20.] d. Authorize the Mayor to sign an agreement for telecommunications asset sharing with Zayo Group, LLC. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/16/20.] e. Authorize the purchase of a new Aid Unit in the Fire Department, in the amount of $280,000.00. [Reviewed and forwarded to Consent by the Finance Committee on 11/23/20.] Pg.281 pg.283 Pg.285 Pg.287 Pg.311 Pg.219 3. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 4. EXECUTIVE SESSION Collective Bargaining — Pursuant to RCW 42.30.140(4)(b) (60 minutes) NO action will follow in the open meeting. 5. ADJOURNMENT This agenda is available Remote Tukwila at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Council meetings are audio taped (available at www.tukwilawa.gov) COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/23/20 LM ❑ Motion Mtg Date ❑ Resolution AT Date 12/07/20 LM 11 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 12/07/20 Mtg Date 11/23/20 SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Amend TMC 18 to update regulations related to auto -oriented and lodging uses currently SUMMARY prohibited by the moratorium (Ordinance 2631) in the Neighborhood Commercial Center (NCC) and Regional Center (RC) zoning districts in the Tukwila International Boulevard (TIB) study area. Adoption of these amendments would eliminate the need to renew the moratorium in January 2021. The Council is asked to hold a public hearing on 11/23/20 and forward to the 12/07/20 Regular Meeting. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/16/20 COMMITTEE CHAIR: MCLEOD ►1 Planning/Economic Dev. ITEM INFORMATION ITEM No. 3 &4.A. 1 STAFF SPONSOR: LYNN MIRANDA ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE An Ordinance adopting zoning code amendments to replace the current moratorium (Ordinance 2631) on certain auto -oriented and lodging uses in NCC and RC zoning districts in the Tukwila International Boulevard (TIB) study area CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date ❑ Resolution AT Date 11 Ordinance ❑ Bid Award Mtg Date 11 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 12/07/20 Mtg Date 11/23/20 SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Amend TMC 18 to update regulations related to auto -oriented and lodging uses currently SUMMARY prohibited by the moratorium (Ordinance 2631) in the Neighborhood Commercial Center (NCC) and Regional Center (RC) zoning districts in the Tukwila International Boulevard (TIB) study area. Adoption of these amendments would eliminate the need to renew the moratorium in January 2021. The Council is asked to hold a public hearing on 11/23/20 and forward to the 12/07/20 Regular Meeting. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/16/20 COMMITTEE CHAIR: MCLEOD ►1 Planning/Economic Dev. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 12/07/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum dated 11/6/20 A. Ordinance 2631 B. Planning Commission Minutes: April — Nov 2020 C. Public Comments Received (April -Oct) D. Figure 18-60: Map of Tukwila International Blvd (TIB) Study Area E. Draft Ordinance Amending the Zoning Code TMC Table 18-6 Minutes from the Planning and Economic Development Committee meeting 11/16/20 12/7/20 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development Committee FROM: Jack Pace, Department of Community Development Director BY: Lynn Miranda, Planning Manager CC: Mayor Ekberg DATE: November 6, 2020 SUBJECT: An Ordinance adopting zoning code amendments to replace the current moratorium (Ordinance 2631) on certain auto -oriented and lodging uses in NCC and RC zoning districts in the Tukwila International Boulevard (TIB) study area ISSUE Should the Zoning Code be amended to update regulations related to certain auto -oriented and lodging land uses in the Neighborhood Commercial Center (NCC) and Regional Center (RC) zoning districts located in the TIB study area that are currently prohibited by the moratorium (Ordinance 2631)? These amendments would eliminate the need to renew the current moratorium when it expires in January 2021. BACKGROUND In 2015, the City Council adopted an updated Comprehensive Plan with new goals, policies, and vision for Tukwila International Boulevard. A key goal of the Plan's Tukwila International Boulevard (TIB) Element is to transition TIB from a highway serving regional traffic into more of a safer, walkable "main street" with businesses serving the residents located nearby. The long- term vision also called for new housing and commercial uses at more urban densities within walking distance of the light rail station. In February 2017, a three-day public workshop with the Congress for New Urbanism (CNU) was held to develop ideas for implementing the Comprehensive Plan. At the May 1, 2017 City Council meeting, CNU recommended two key actions: 1) revise the street design for TIB to add on -street parking for businesses, improve safety, and reduce speeding; and 2) update the zoning code with standards that would support and encourage the types and form of new development that create a walkable main street. Shortly after the CNU workshop, Council adopted a 6 -month moratorium prohibiting auto - oriented and lodging uses in in the TIB study area to ensure that any future development or redevelopment occurring prior to adoption of the new standards would not conflict with the vision for a walkable "main street". The moratorium also was intended to prevent investment in uses that were likely not going to be allowed under the planned revisions to the zoning code. Work on the new zoning code standards and TIB rechannelization options has been progressing but is not yet completed, most recently due to impacts from the pandemic on staffing and City revenues. The City Council has been continuing to renew the moratorium every six months since 2017 but indicated in December 2019 that they would not do so again when 3 INFORMATIONAL MEMO Page 2 the moratorium expired in July 2020. Instead, the City Council requested the Planning Commission to consider zoning code amendments regarding auto -oriented and lodging uses that would replace the provisions in the moratorium. Planning Commission Public Hearings The Planning Commission held a public hearing on the draft interim zoning code amendments related to certain auto -oriented and lodging uses in the TIB study area prohibited by the moratorium (Ordinance 2620) on April 23, 2020. The hearing was held online due to the Governor's Proclamation 20-28 which prohibited any public agency from conducting in-person meetings. After the virtual hearing, the City Council expressed concern about the difficulty of public outreach and participation, and the Planning Commission postponed the continuation of their hearing to a date in the future when it could be conducted in-person. Since the adoption of the amendments was to be delayed, the Council moved forward with renewing the moratorium on July 6th (Ordinance 2631 — Attachment A) and directed that the interim zoning code amendments now be adopted prior to the new expiration date of January 2021. To accommodate this schedule, the Planning Commission continued their public hearing virtually on October 22, 2020, as restrictions on public gatherings had not yet been lifted. For the October 22 public hearing, public notice was expanded to ensure the community was well-informed of the upcoming hearing. TMC 18.104.120 requires notice of a public hearing to be sent to residents, occupants, and owners of record of property within 500 feet of the site as well as any parties of record. Prior to the October 22 meeting: Y Emails were sent after the April 23 hearing to those who provided comment, inviting them to meet with staff to discuss any concerns or comments about the interim zoning code amendments prior to the continuation of the Planning Commission public hearing. Mr. Yusef of East Side for Hire responded and met with David Cline and Jack Pace. No other recipients requested to meet with staff. Y 11,300 postcards were mailed to all businesses, residents and property owners located in the City (excluding Southcenter, Tukwila South, and properties in the MIC zone) providing notice of the virtual public hearing and an open house on the proposed changes, and directions as to how to participate and provide comments. Included on the postcard in five different languages was "This information is very important to your community. Please ask someone to translate it for you". Y 337 emails with the postcards attached were sent to TIB interested parties on October 7, 2020 providing notice of the public hearing and the open house. Y Staff hand -delivered flyers on the public hearing and open house to all businesses in the RC and NCC zoning districts in the TIB study area. Included on the flyer in five different languages was "This information is very important to your community. Please ask someone to translate it for you". Y Notice of the hearing and open house was published in the Seattle Times on October 8, 2020. The online Open House was held on October 20, 2020. The goal of the open house was to provide an opportunity for residents and business owners to get more information on the proposed amendments and ask questions of staff so that they could be well-prepared to provide comments at the upcoming public hearings. Five people attended the open house. On November 5, 2020, the Planning Commission concluded their deliberations and forwarded their recommendations on the proposed modifications to Table 18-6 to the City Council for additional public review and discussion. Here are links to the three Planning Commission https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20- 0015 COW info memo.docx 4 INFORMATIONAL MEMO Page 3 meeting agenda packets: April 23, 2020 meeting, October 22, 2020 meeting, Nov 5, 2020 meeting. There were four planning commissioners present at the Nov 5, 2020 meeting when deliberations were finalized. The minutes for the Planning Commission's April 23 and October 22 public hearings and November 5 meeting can be found in Attachment B (The Nov 5 meeting minutes are draft, but we anticipate they will be adopted at Nov 12th Planning Commission meeting). Attachment C contains copies of the written public comments and matrices of verbal public comments and Planning Commission questions received during the April and October public hearings. DISCUSSION OF THE PROPOSED CHANGES Y Moratorium (Ordinance 2631) Ordinance 2631 currently prohibits the development, expansion, intensification or establishment of any auto -oriented commercial uses including but not limited to gas stations; car washes; vehicular repair or services; vehicular sales or rentals; vehicular storage; commercial parking and drive-throughs; battery, tire, engine body repair shops; vehicular sales or rentals; and hotels, motels, and extended -stay facilities in the Neighborhood Center Commercial (NCC) and Regional Commercial (RC) zoning districts in the TIB study area. Y Affected Zones in the TIB Study Area (see Attachment D) The limits of the TIB study area and the affected zoning districts can be seen in Attachment A. The TIB study area is roughly bound by S. 139th Street in the north, S. 160th Street in the south, Military Road S./City limits to the west, and 42"d Avenue S. to the east. The proposed zoning code amendments apply to these zoning districts: o The Neighborhood Commercial Center (NCC) zone is found in a few locations throughout the City. However, the proposed amendments would be limited to those areas located within the TIB study area. o The Regional Commercial (RC) zones are only located within the TIB study area. Proposed TMC Table 18-6 Zoning Code Amendments Several options were proposed by staff and considered by the Planning Commission over the course of their deliberations. The most restrictive option was to regulate the type of uses in the TIB area by prohibiting all auto -oriented and lodging uses, consistent with the moratorium. However, the final recommendations in Table 1 allow most of these uses and regulate the physical aspects of building form and site design to create a high quality, superior walking experience. The majority of these were based on CNU and staff's recommendations which were then refined by the Planning Commission after considering public comments. There were four Planning Commissioners in attendance at the November 5, 2020 meeting to deliberate on the proposed amendments. Table 1 below summarizes land uses considered, any recommended changes, and the results of the Planning Commission's votes on Motions to forward the item to the City Council. The first six land uses listed in Table 1 were recommended unanimously by the Commissioners in attendance and are included in the draft ordinance. Voting on the remaining four land uses was mixed — they received a combination of votes in favor of, opposed to, or abstentions. They are presented in Table 1 for further discussion by the City Council. https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20- 0015 COW info memo.docx 5 INFORMATIONAL MEMO Page 4 Specifically, the first column in Table 1 identifies the land uses currently prohibited by the moratorium. Columns 2 shows if the use is currently permitted (P) in NCC or RC zoning districts, and the associated footnote is a proposed change. Column 3 contains the footnote with the proposed change (the recommended changes are represented by underlining and strikeouts). The fourth column presents the reasons for making the proposed change, and the last column summarizes how the Planning Commissioners voted. Note that: Y Motels is the only use currently allowed by code and is recommended to be prohibited in the TIB study area by the proposed amendments. Y For the other nine uses, new footnotes were proposed to regulate building or site design. Y Minor language clarifications are proposed to current footnotes for Commercial Parking. Y Application of regulations: o The regulations would apply to all new uses in the RC and NCC district. o Per the City's Nonconforming Regulations (TMC 18.70) pre-existing legal uses in the NCC and RC zones are grandfathered and can continue to operate. Only when some thresholds listed under TMC 18.70 (such as an expansion, structural alteration, vacant for more than 24 months) is triggered do they need to come into compliance with the code. Over time, it is intended that these uses and structures will be replaced with those that are more neighborhood -serving and contribute to a walkable streetscape. o Pre-existing legally established auto sales and vehicle rental uses in the RC zone in the TIB study area on the effective date of the ordinance are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on the date of the ordinance. Y Pawnbrokers. There was a suggestion from the Planning Commission during the public hearing to prohibit pawnbrokers and payday lenders in the RC zone as they do not add value to the neighborhood. Pawnbrokers are currently a Conditional use (C) in RC and payday lender is not called out as a specific use in Table 18-6. Neither use is listed as a prohibited use in the moratorium. Pawnbrokers are permitted elsewhere in the City. Staff is seeking input from Council if Pawnbrokers and payday lenders should be prohibited in the RC zone. The vote by the Planning Commissioner was 2 in favor, 1 opposed and 1 abstain on this item. FINANCIAL IMPACT None STAFF'S RECOMMENDATION Adopt the draft Ordinance (Attachment E) with proposed modifications to TMC Chapter 18 Table 18-6. If these interim zoning code changes for TIB are not adopted and the moratorium is not renewed, redevelopment could occur that does not support the community vision and the adopted Comprehensive Plan goals and policies for the TIB area. NEXT STEPS The Committee is being asked to provide input to staff on the items that did not have a consensus vote from the Planning Commission and forward this ordinance to the November 23, 2020 Committee of the Whole meeting for a public hearing and review. Forward a recommendation to approve, deny or modify the draft ordinance at the Regular Meeting on December 7, 2020. ATTACHMENTS https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20- 0015 COW info memo.docx 6 Table 1. Proposed Changes to Title 18 Table 18-6 Land Uses Allowed by District Planning Commission Vote L O co c d. L 0 asco c ,t. L 0 c In Favor: 4 N N 'a L W 0 O Q c p In favor: 2 Opposed:1 Abstained: 1 Reason for the Proposed Change These uses are currently permitted in both the NCC and RC zones, however the current code doesn't address drive-through facilities associated with these uses. Drive-through facilities, e.g. for pharmacies and banks, attract more vehicles to the business and increasing the likelihood of potential conflicts between cars and pedestrians. The recommended amendments address this by allowing new uses with drive- throughs but regulate the location of the drive-through window and queueing, as well as where vehicles exit on to adjacent streets, to limit vehicle/pedestrian interactions. Minor language clarification. These additional requirements were added to attract new, quality hotels and/or extended stay hotels to locate on TIB. A 24-hour staffed reception and all rooms accessed off interior hallways or lobbies allows for better observation of activities and visitors on-site. 90 rooms minimum was selected because it is consistent with the minimum room requirement used by the Seattle Southside Regional Promotion Authority Tourism Promotion Area (TPA) in determining application of lodging charges. If Motels are prohibited from the RC zoning district (see #4 below), then `motel' should be deleted from Extended -stay hotel in Table 18-6. This is the only use currently allowed by code and recommended to be prohibited. Motels are currently allowed in the RC zoning district. The intent of the proposed amendment is to prohibit new motels along TIB, which, due to their condition and management, were the site for illegal activity and resulted in their closure and public seizure. Auto sales lots are currently allowed in RC, provided there is no dismantling of vehicles or sales of used parts. This would continue to apply. The amendments would allow most of these uses and regulate the physical aspects of building form and site design to create a high quality, superior walking experience. For example, an auto sales business with a large parking lot for vehicles doesn't create a desirable area to walk past — but requiring auto sales to put a sample of their vehicles in a well-designed enclosed showroom with a transparent shopfront does. The intention of the proposed regulations is to prohibit the types and forms of businesses that primarily serve cars and because they don't have active shopfronts they do not contribute to walkability. They are typically characterized by outdoor storage of supplies and vehicles and generate a lot Proposed Changes (strikeouts/underlining) Footnote Drive-through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. 7. Provided it is either: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. Extended -stay hotel/mote[ Allowed if the following are provided: a full-service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the RC zone in the TIB study area on the effective date of the ordinance are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on the date of the ordinance. Pre-existing legally established automotive sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: a proposed expansion or structural alteration, a change of ownership, or when the business is vacated or abandoned for more than 24 months and a new business is proposed. 34. Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building and the pumps meet the setback requirements and comply �Ir>I 0_ 0_ r— CL co CL co CL OLCL coI MI CL NCC MI coI Al Land Use Category Retail sales, e.g. health/beauty aids/prescription drugs/ food/hardware/notions/crafts/supplies/house wares/electronics/ Financial, banking, mortgage, other services Commercial Parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged (TMC 18.06.613) Extended -stay hotel/motel Hotels Motels Automobile, recreational vehicles or travel trailer or used car sales lots2 Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and 7 8 In favor: 2 Opposed:1 Abstained: 1 r r Nr LOO O u")-� CO Q > COQsoa -i N - -N--I i 0 ro 4- of vehicular traffic. The recommended modifications would continue to allow new automotive services in both zones, provided there is no outdoor storage of vehicles, tires, or other materials used for service. New Gas stations would be permitted if the pumps and parking are located behind the building, and Queuing lanes for cars are not located between the buildings and back of sidewalks. Existing uses would not be able to expand or intensify without complying with the regulations. The recommended amendments allow most of these uses and regulate the physical aspects of building form and site design to create a high quality, superior walking experience. For example, car rental business with a large parking lot for vehicles doesn't create a desirable area to walk past — but requiring car rentals to put a sample of their vehicles in a well-designed enclosed showroom with a transparent shopfront does. The City's current zoning has two different categories for restaurants. Restaurants without a drive-thru facility are currently permitted in the NCC zone. Restaurants with drive throughs are currently permitted in the RC zone. Staff continues to recommend not allowing the expansion of drive- through facilities into the NCC zone. This option would regulate the location of the drive-thru facility and queuing to behind the building in the RC zone in order to minimize conflicts between pedestrians and vehicles. Pawnbrokers will remain a Conditional use in the RC zone and payday lenders will not be a specified use in Table 18-6 unless amendments are recommended by the City Council. with building and Fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB study area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: a proposed expansion or structural alteration, a change of ownership, or when the business is vacated or abandoned for more than 24 months and a new business is proposed. 37. Automotive rentals must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the RC zone in the TIB study area on the effective date of the ordinance are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on the date of the ordinance. 36. Drive-through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. There was a suggestion from the Planning Commission during the public hearing to prohibit pawnbrokers and payday lenders in the RC zone as they do not add value to the neighborhood. Pawnbrokers are currently a Conditional use (C) in RC and payday lender is not called out as a specific use in Table 18-6. Neither use is listed as a prohibited use in the moratorium. Pawnbrokers are permitted elsewhere in the City. col CL (AI d 0 alternate fueling station (not wholesale distribution facilities). Rental of vehicles not requiring a commercial driver's license Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant O O L c ^co 8 INFORMATIONAL MEMO Page 5 A. Ordinance 2631 — Moratorium B. Planning Commission Minutes: April - Nov 2020 C. Public Comments & Planning Commission Comments (April - Oct) D. Figure 18-60 — Map of TIB Study Area E. Draft Ordinance Amending the Zoning Code TMC Table 18-6 https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20- 0015 COW info memo.docx 9 10 City of Tukwila Washington Ordinance No. 2 63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM RENEWAL; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS, the City of Tukwila is currently updating its Zoning Code to comply with its adopted Comprehensive Plan; and WHEREAS, the Tukwila International Boulevard Study Area ("TIB Study Area"), shown on Exhibit A, is generally bounded by 42nd Avenue South on the east; South 160th Street on the south; International Boulevard and Military Road on the west, and South 133d Street to the north; and WHEREAS the TIB Study Area consists of mixed zoning that includes commercial and residential zones with a stepped edge that follows the boundary of the multi -family zoning districts up to the Mixed Use Office District at approximately South 133rd Street; and WHEREAS, within the TIB Study Area's existing Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zoning districts there are certain uses that in the future may not be allowed or may be allowed with conditions: and WHEREAS, the owners and operators of three crime -infested motels pleaded guilty to conspiracy to maintain drug involved premises, and when the three motels and an adjacent motel within the TIB Study Area were closed, the violent crime rate in the Study Area was cut nearly in half; and W: Legislative Development\Moratorium renewed in TIB study area 5-13-20 LM:bjs Review and analysis by Barbara Saxton Page 1 of 6 11 WHEREAS, the City of Tukwila finds that hotels, motels, and extended -stay hotels and motels (hereafter, collectively referred to as "extended -stay facilities") in the TIB Study Area generate higher than typical rates of crime; and WHEREAS, the City of Tukwila spent millions of dollars acquiring the three government surplus motel properties and purchasing an adjacent fourth motel site and razed the buildings to better serve the public health and safety in the TIB Study Area; and WHEREAS, the Comprehensive Plan goals and policies for the TIB Study Area are to create a pedestrian oriented, walkable destination, and auto -oriented services, uses and developments are not in keeping with those goals and policies; and WHEREAS, the City of Tukwila is in the process of updating its land use regulations to comply with the goals and policies of its adopted Comprehensive Plan for the TIB Study Area and has budgeted for a Work Program, shown on Exhibit B, to address the changes that will bring consistency between the City's Comprehensive Plan and Zoning Code; and WHEREAS, the City desires to ensure the public has many opportunities to provide input on this matter; and WHEREAS, the City of Tukwila conducted a three-day workshop in February 2017 on the future improvements and land use regulations for the TIB Study Area and preliminarily determined hotels; motels; extended -stay facilities; and auto -oriented commercial uses, including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive- throughs, should be regulated differently than currently regulated; and WHEREAS, on July 17, 2017, the Tukwila City Council adopted Ordinance No. 2543, which declared an emergency necessitating the immediate imposition of a six- month moratorium prohibiting within the TIB Study Area's NCC and RC zoning districts the development, expansion, intensification or establishment of any new hotel, motel, extended -stay facility, and auto -oriented commercial uses including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs; and WHEREAS, on September 5, 2017, the Tukwila City Council conducted a public hearing, heard testimony regarding the City's moratorium, and declared findings; and WHEREAS, Ordinance No. 2543 was set to expire on January 16, 2018, and the neighborhood input and planning process was not yet completed; and WHEREAS, on January 8, 2018, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses and on January 16, 2018 adopted Ordinance No. 2565; and W: Legislative Development\Moratorium renewed in TIB study area 5-13-20 LM:bjs Review and analysis by Barbara Saxton 12 Page 2 of 6 WHEREAS, Ordinance No. 2565 was set to expire on July 15, 2018; however, due to the significant level of the proposed rechannelization and zoning work needed, the code amendments were not yet completed; and WHEREAS, on June 25, 2018, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses and on July 2, 2018 adopted Ordinance No. 2579; and WHEREAS, Ordinance No. 2579 was set to expire on January 10, 2019; however, additional analysis and review of the rechannelization options were needed; and WHEREAS, on November 26, 2018, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses, and added a clarification regarding the ability for businesses to continue renewing their business licenses, and on December 3, 2018 the Council adopted Ordinance No. 2595; and WHEREAS, Ordinance No. 2595 was set to expire on July 9, 2019; however, the City still needed additional work on the TIB rechannelization and mitigation options as well as revisions to the Zoning Code and the proposed TIB Design Manual; and WHEREAS, on May 28, 2019, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses and on June 3, 2019 adopted Ordinance No. 2606; and WHEREAS, Ordinance No. 2606 was set to expire on January 9, 2020; however, additional review of the final TIB rechannelization evaluation report and the associated zoning code amendments was needed; and WHEREAS, on November 25, 2019, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses in the TIB Study Area, and on December 2, 2019 adopted Ordinance No. 2620, renewing the six-month moratorium on certain types of new or expanded land uses in the TIB Study Area; and WHEREAS, on March 2, 2020, the Planning and Economic Development Committee recommended the Planning Commission consider zoning code amendments that would eliminate the need to renew the moratorium; and WHEREAS, due to the COVID-19 pandemic, Governor Inslee issued several proclamations, including Proclamation 20-25, "Stay Home — Stay Healthy," on March 23, 2020, which prohibited in-person public gatherings; and WHEREAS, because adoption of the zoning code amendments prior to the moratorium's expiration was deemed an essential action during the COVID-19 pandemic restrictions, the Planning Commission held a virtual public hearing on April 23, 2020, to consider zoning code amendments for the TIB Study Area, and decided to continue the hearing to a future date so that additional notification of the proposed code amendments could be published and to ensure the public could meaningfully participate; and W: Legislative DevelopmentVvloratorium renewed in TIB study area 5-13-30 LM:bjs Review and analysis by Barbara Saxton Page 3 of 6 13 WHEREAS, on April 27, 2020, the Tukwila City Council discussed concerns regarding public accessibility and participation related to the restrictions on public gatherings during the COVID-19 pandemic; and WHEREAS, Ordinance No. 2620 is set to expire on July 9, 2020, and the Tukwila City Council desires to renew the TIB Study Area moratorium for another six months in order to provide for the time needed for the COVID-19 pandemic -related restrictions to be eased so the public can meaningfully participate in the TIB Study Area zoning code amendment process; and WHEREAS, a public hearing regarding this proposed ordinance was held on June 22, 2020; and WHEREAS, the City desires to preserve the status quo for the protection of the health, safety and welfare of City residents, as it relates to development in Tukwila, until these matters are more fully considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The recitals and findings set forth above are hereby adopted as the City Council's findings in support of the moratorium renewal imposed by this ordinance. Section 2. Moratorium Renewed. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City of Tukwila hereby renews a moratorium prohibiting within the NCC and RC zoning districts of the Tukwila International Boulevard ("TIB") Study Area in the City of Tukwila the development, expansion, intensification or establishment of any new hotel; motel; extended -stay facility; or auto -oriented commercial uses including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs. No land use approval, building permit, construction permit, or other development permit or approval shall be issued for any of the uses listed above while this moratorium is in effect. Nothing in this moratorium shall prevent an existing business from renewing their business license. Any land use approval, development permits or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void and without legal force or effect. Section 3. Definitions. As used in this ordinance, the following terms have the meanings set forth below: W: Legislative Development\Moratorium renewed in TIB study area 5-13-30 LM:bjs Review and analysis by Barbara Saxton 14 Page 4 of 6 A. "Hotel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. Hotel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Hotels shall not include dwelling units for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. B. "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. C. "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in the Tukwila Municipal Code. Nothing in this definition prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotels or motels shall be required to meet the hotel/motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care D. "Auto -oriented commercial uses" means the use of a site for primarily the servicing, repair, rental, sales or storage of vehicles, or the servicing of people while in their vehicles such as restaurant drive-throughs. Typical uses include, but are not limited to, gas stations; battery, tire, engine body repair shops; vehicular sales or rentals lots; and commercial parking. Section 4. Effective Period for Moratorium Renewal. The moratorium renewed herein shall be in effect for a period of six (6) months from the effective date specified within this ordinance and shall automatically expire at the conclusion of that six (6) - month period unless the same is extended as provided in RCW 35A.63.220 and RCW 36 70A.390, or unless terminated sooner by the City Council. W: Legislative Development\Moratorium renewed in TIB study area 5-13-30 LM:bjs Review and analysis by Barbara Saxton Page 5 of 6 15 Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, and following adequate public notice, a public hearing was held on June 22, 2020, to take public testimony regarding the City's moratorium. Section 6. Work Program. The Director of Community Development is hereby authorized and directed to address issues related to appropriate zoning regulations within the TIB Study Area of hotels, motels, extended -stay facilities, and auto -oriented commercial uses in the Tukwila Municipal Code, including that work which is outlined in Exhibit B which is attached and incorporated herein 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 of constitutionality of the remaining portion 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 July 9, 2020. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 6 ' day of ATTEST/AUTHENTICATED: C3 -h t.idfij 616,1la6re tf y Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: c 9a Office of the City Attorney vtj, , 2020. Allan Ekberg, Mayor Filed with the City Clerk: I" 2g Passed by the City Council: Z-6'Zs Published: -9- 215 Effective Date: - ?`1 2 Ordinance Number: 2631 Exhibit A —Map of Tukwila International Boulevard (TIB) Study Area Exhibit B —Tukwila International Boulevard (TIB) Neighborhood Plan Work Program (as of May 12, 2020) W: Legislative Development\Moratorium renewed in TIB study area 5-13-30 LM:bjs Review and analysis by Barbara Saxton 16 Page 6 of 6 Exhibit A Tukwila International Boulevard (TIB) study area Zoning Square Foot Acres Area Acres HDR 2,897,544 67 3,706,035 j _ 85 1,072,033 25 NCC L401,361 RC 3,020,421 12,097,394 0 0.075 0.15 iQ_3 �� hal QS ' t 17 Exhibit B Tukwila International Boulevard (TIB) Neighborhood Plan Work Program (As of May 12, 2020 — dates may change due to Coronavirus impacts) Work program — 2020 1st Quarter • Planning and Economic Development (PED) Committee forwards zoning code changes prohibiting auto -oriented and hotel/motel uses to the Planning Commission for review and public hearing • PED 1St meeting to consider final TIB rechannelization evaluation report 2nd Quarter • Transportation and Infrastructure Committee (TIC) meeting to consider final TIB rechannelization evaluation report • Planning Commission (PC) held a virtual public hearing on zoning code changes restricting auto -oriented and hotel/motel uses on April 23rd, 2020. PC hearing was continued. • City Council directs staff to postpone May PC hearing and instead move forward with renewing the moratorium before it expires in July and schedule the PC hearing on interim zoning code changes when in-person hearing is possible. • City Council adopts an ordinance renewing the TIB moratorium. 3rd/4tn Quarter (may shift due to coronavirus impacts on City operations and schedules) Interim Zoning Code Changes pertaining to auto -oriented and hotel/motel uses: • Planning Commission continues public hearing on zoning code changes restricting auto - oriented and hotel/motel uses and forwards to PED. • PED considers Planning Commission recommendations re: zoning code revisions restricting auto -oriented and hotel/motel uses and forwards to COW • Council hearing and decision on zoning code changes restricting auto -oriented and hotel/motel uses Comprehensive Set of Zoning Code Changes and TIB Rechannelization: • Council conducts public outreach and selects preliminary TIB rechannelization alternative • Staff finalizes draft comprehensive set of TIB zoning code revisions (incorporating rechannelization alternative) and Design Manual guidelines for public review • Outreach to TIB area property owners, residents, businesses and development community regarding TIB zoning code revisions & design manual • Prepare Draft Environmental Checklist (SEPA) • Issue SEPA Determination • Possible City Council/Planning Commission joint work sessions on comprehensive set of TIB zoning code revisions and design manual guidelines. • Planning Commission and City Council public hearings, deliberation, and decision on TIB zoning code revisions and design manual. 18 Products: • Comprehensive Plan Map Amendment • Zoning Code and Map Amendments • TIB Design Manual • Environmental Checklist and Determination Work completed 2017 • CNU Legacy Workshop in Tukwila — February • CNU Final Report Presentation to City Council Meeting - May • Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic analysis on the street modification • Selected a consultant for the SEPA analysis of the proposed TIB Plan • Contracted for additional transportation professional services on design standards for TIB neighborhood street standards • Reviewed draft Land Use Chart and Zoning Map amendments with Planning Commission - August 24, 2017 • Council adopted a moratorium on certain uses in the TIB study area in September • Briefed TIBAC on above draft amendments — October 10, 2017 • Briefed Transportation and Infrastructure Committee (11/14/17) on traffic analysis and associated capital improvement costs and obtained direction for additional analysis • Reviewed consultant's draft street circulation improvements • Contracted for an update to the Tukwila International Boulevard Design Manual 2018 • Contracted for additional engineering services analyzing TIB on -street parking impacts and cost • Began creation and modification of alternative Zoning District boundaries and zoning standards based upon Planning Commission land use discussion, street designations and designs • Drafted new street cross-sections for TIB streets and a new circulation network based on CNU engineering consultant recommendations and anticipated land uses • Council extended moratorium on certain uses in the TIB study area in July and December. • Updated Council on current direction and schedule for implementing TIB zoning changes and possible TIB on -street parking options. Recommended further analysis of TIB on -street parking options. • Consultants delivered draft TIB zoning code revisions and draft of updated TIB Design Manual to staff • Circulated draft Zoning revisions for internal review 2019 • Contracted for additional TIB rechannelization and mitigation options. • Worked on revisions to the TIB Design Manual • Council renewed moratorium on certain uses in the TIB study area in May and December. • Planning Commission and City Council Field Trip to view on -street parking options. 19 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2631. On July 6, 2020 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2631: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWINGA SIX-MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENTOF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO - ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM RENEWAL; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: July9, 2020 20 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CITY OF TUKWILA PLANNING COMMISSION PUBLIC HEARING MINUTES Date: April 23, 2020 Time: 6:30 PM Location: Virtual meeting via Microsoft Teams Present: Chair Heidi Watters; Vice Chair Louise Strander; Commissioners Dennis Martinez, Sharon Mann, Karen Simmons, Dixie Stark, and Andrea Reay Staff: Department of Community Development (DCD) Deputy Director Minnie Dhaliwal, Planning Supervisor Lynn Miranda and Planning Commission Secretary Wynetta Bivens Protocol: Minnie Dhaliwal explained the protocol for the virtual meeting. She also introduced the Planning Commissioners. Agenda Planning Commission (PC) will make a recommendation and forward it to the City. Item: City Council (CC) will hold another hearing on the proposal. The public will be notified when this item goes to the CC for a public hearing and will have a second opportunity for comment. Adopt Commissioner Mann moved to adopt the February 27, 2020 minutes. Minutes: Commissioner Simmons seconded the motion. Motion passed. Chair Watters opened the public hearing for: CASE NUMBER: L20-0015 PURPOSE: Consider zoning code amendments restricting or prohibiting certain auto -oriented and lodging uses currently prohibited by Ordinance 2620, to implement the Tukwila International Boulevard (TIB) element of the Comprehensive Plan. LOCATION: Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zones in the TIB study area Lynn Miranda, Planning Supervisor, DCD, gave the presentation for staff. She said the intent of the public hearing is to consider amendments to Table 18-6, Land Uses allowed by district. This will ensure that future development in the TIB area is consistent with and supports the form and type of uses that create a walkable TIB District. She stated that public notification for the public hearing was published in the Seattle Times, and 387 businesses and interested parties were emailed. Information was included in the notice on how to submit public comments in writing or verbally during the meeting, and how to access the virtual meeting. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 21 PC Public Hearing 4/23/20 Page 2 She provided background and gave an overview on the TIB planning process. Since the 1990 annexation of the area, revitalization has been a high priority for the City. In 2015, the City updated the Comprehensive Plan goals and policies for the TIB area to make it more walkable and transform TIB from a regional serving road to a "Main Street" serving the neighborhood. In 2017, the City, along with the Congress for New Urbanism (CNU), held a workshop to brainstorm how to implement the new vision for TIB. CNU made two recommendations: First, add on -street parking and bike lanes on TIB. Second, update the zoning code because the current code allows for the types of uses and development standards that do not fully support or incentivize the type and form of development that creates a walkable main street. Also, in 2017 the CC adopted a six-month moratorium on auto -oriented commercial and lodging uses in the TIB study area that do not support the vision. The Council has been renewing the moratorium for the past two and one-half years. It prohibited new uses or the expansion of existing uses that do not support walkability and prevented the investment in uses that may not be allowed in the future. It also allowed staff time to establish new standards and TIB rechannelization designs and allowed time for public review and comment. The current moratorium will expire in July 2020. Therefore, it was necessary to have tonight's public hearing in order to stay on track before the moratorium expires. The zoning code amendments would replace the moratorium. Uses in the Neighborhood Commercial Center (NCC) and the Regional Commercial (RC) zoning districts located within the TIB study area would be affected by the amendment. Staff's Recommendations There are two options proposed for amending Table 18-6 in the zoning code. Option 1 would prohibit outright certain auto -oriented and lodging uses, which is consistent with the moratorium. Staff recommended Option 2, which modifies uses based on draft zoning code changes recommended by CNU to implement the vision. Under Option 1, most existing related uses would become a legal non -conforming use. Under Option 2, most existing related uses would remain a legal use with a potentially non -conforming structure. There are not any changes being proposed to allowable densities, heights, parking standards or other development standards affecting building size or lot design. Staff noted that if the moratorium is not renewed and the proposed zoning code amendments are not adopted, redevelopment could occur that does not support the vision. Future uses and development would continue to be the type of auto -oriented, regional development that currently exists. Staff noted they drafted and added Options 3 and 4 for recommendation for some of the land uses based on additional public comments. Ms. Miranda answered clarifying questions for the Commission. Commissioner Stark asked what would happen if the public hearing was continued to a later date. Staff said a meeting would need to be held in May to complete the zoning code adoption process prior to the moratorium expiration date of July 9, 2020. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 22 PC Public Hearing 4/23/20 Page 3 Commissioner Reay inquired whether public outreach was sent out in different languages. Staff stated it was not. She also inquired as to the timeframe for completion of the design guidelines. Staff stated it was uncertain as it needed to follow Council's decision on adding on -street parking to TIB. Prior to the coronavirus, it was anticipated to occur before the end of the year. Chair Watters inquired as to why the PC were asked to review this item for recommendation to the CC now. Staff said a moratorium may not be renewed indefinitely. Progress must be shown. Further, CC members were not interested in renewing the moratorium, so it is time to move forward and get the zoning code adopted. Chair Watters then asked how the transit -oriented development is affected by the decision being made and additionally the walkability. Staff stated they are not being proposed at this time. Written Public Testimony Lynn Miranda read the written public comments received prior to 5 PM, 4/23/2020, from the following individuals: - Georgina Kerr, Citizen, - Expressed support as recommended by staff. John McCullough, McCullough Hill Leary, ps. Expressed concerns with the impacts the proposed zoning changes would have on the Sterling Realty Organization (SRO) property and a potential future transit -oriented development in the RC district, and submitted two options to modify staff's proposals. - Rune Harkestad, McCullough Hill Leary, ps. He is considering purchasing a property north of the TIB Light Rail Station and expressed a desire for the City to move forward with zoning amendments that would allow transit - oriented development (TOD). - Traci Granbois, property owner Submitted two emails raising concerns regarding the necessity and timing of the public hearing and requested reconsideration to the proposed zoning changes in the RC district. Minnie Dhaliwal, Deputy Director, facilitated virtual public testimony. Virtual Public Testimony Whit Hamlin, property owner, SRO, located east of the Rental Car Center said they have been working with DCD for a year on a potential TOD on their property. He shared what their organization has been working on in the interim. He said they are requesting modifications to the proposed zoning code language. Adul Yusef, General Manager for Eastside for Hire, said COVID-19 has changed a lot of things and he wanted to emphasize that with the restrictions of the zoning changes, businesses may not make it after COVID-19. He said this might be the right time to renew the moratorium for six more months so discussions between the community and the PC can take place. He also requested the public Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 23 PC Public Hearing 4/23/20 Page 4 hearing be cancelled, he said voices are breaking up during the virtual meeting, and they are only able to comment on two of the zoning code changes as they have not heard about Options 3 and 4. Traci Granbois, property owner, said her written public comments were read by staff, but she wanted to emphasize that the public hearing was being held in the middle of a global pandemic. She questioned how much public comment would be received tonight, and whether it was fair to Tukwila citizens. She said to the best of her knowledge she has never received a proposal on any of the changes and learned of them through other property owners. She commented on the duration of the moratorium and said the CC is warranted to not renew again because it will likely cause a lawsuit. She said part of the area recommended for rezone is across the street from the rental car facility, which will always have car usage, and suggested using a scalpel rather than a hatchet. She said there can be room for growth and new development and transit -oriented development while maintaining uses that are associated with the biggest uses in that industry. Jack McCullough, McCullough Hill Leary, said that staff read the written comments that he submitted. He said SRO had concerns regarding the impacts on their property and its ability to pursue the TOD vision. He said in order to pursue the TOD they need to be able to maintain a viable economic use on the property. He said staff presented a new addendum to the staff report, which includes an Option 3 that addresses some of the issues they raised. He said that SRO endorses staff's recommendation for Option 3. Harman Bual spoke on behalf of Dr. Sidhu who is considering building a hotel in the area. She asked if there would be legislation in the future that would allow modifications to the current height restriction so business owners would be allowed to construct a hotel in the area without requiring 100 rooms, a restaurant and a 24-hour reception if approved. She asked if amended later what would be the steps taken to modify the height restrictions and requirements. Staff said the PC will be considering development standards in the future, and height restrictions will be part of the consideration at that time. Sunny Raj, property owner, said he is planning to construct a franchise hotel, and inquired on whether there are any other standards besides requiring a 100 rooms, a restaurant and a 24-hour reception that would apply to constructing a hotel in the future. Staff said development standards will be revised in the future. There were no additional public comments. Chair Watters gave the Commissioners the opportunity to ask clarifying questions. Commissioner Stark asked Commissioner Watters if the PC would have an opportunity to keep the public hearing open. Commissioner Reay said she was dropped from the virtual meeting and missed some of the public comments, and asked Mr. Hamlin to reiterate his comments. Mr. McCullough spoke on behalf of Mr. Hamlin, he said they were in constant communication with staff and they received an addendum to the staff report that he presumed the PC also received. He said SRO was supporting Option 3. Ms. Reay also called attention to Mr. Yusef noting in the Microsoft Teams chat bar that he never received the notice. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 24 PC Public Hearing 4/23/20 Page 5 Ms. Miranda noted that she emailed the public notice to Mr. Yusef prior to the public hearing. Chair Watters asked staff to clarify how to proceed since the addendum including Options 3 and 4 was not seen by everyone prior to the public hearing. Staff suggested leaving the public hearing open until after staff walked through the 10 proposed land use changes and explained the options for each one. The PC deliberated and the public were given an opportunity to comment. Ms. Miranda gave an overview of the following land use modifications: 1. Automobile, recreational vehicles or travel trailer or used car sales lots (no dismantling of cars or travel trailers or sale of used parts). Staffs recommendation in the PC packet was Option 2, but after receiving additional public comments they developed and recommended Option 4 as listed in the PC packet addendum (exempts all uses on properties of south SR518 from an enclosed showroom). 2. Rental of vehicles not requiring a commercial driver's license. Staffs recommendation in the PC packet was Option 2, but after receiving additional public comments they developed and recommended Option 3 as listed in the PC packet addendum (exempts enclosed showrooms on parcels larger than nine acres in the RC zone, such as the SRO property). 3. Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and alternate fueling station (not wholesale distribution facilities). Staffs recommendation in the PC packet was Option 2, but after receiving additional public comments they developed and recommended Option 3 as listed in the PC packet addendum (allows outdoor storage of vehicles on parcels larger than nine acres in the RC zone south of SR518). 4. Commercial parking (a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged) (TMC 18.06.613). Staff recommended Option 2 as listed in the PC packet. 5. Extended -stay hotel/motel - Staff recommended Option 2 as listed in the PC packet. Commissioner Mann said she is uncomfortable with this change without more clarification on what qualifies as a restaurant. 6. Hotels - Staff recommended Option 2 as listed in the PC packet. 7. Motels - Staff recommended either Option 1 or 2 as listed in the PC packet. 8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant. Staff recommended Option 2 as listed in the PC packet. 9. Retail sales, e.g. health/beauty aids/prescription drugs/food/hardware/notions/ crafts/supplies/housewares/electronics/photo-equip/film processing/ books/magazines/stationery/ Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 25 PC Public Hearing 4/23/20 Page 6 clothing/shoes/flowers/plants/pets/j ewelry/gifts/rec. equipment/sporting goods, and similar items. Staff recommended Option 2 as listed in the PC packet. 10. Financial, banking, mortgage, other services. Staff recommended Option 2 as listed in the PC packet. Ms. Dhaliwal called names of the public that previously testified to allow them the opportunity to comment on new information. Traci Granbois asked how someone would have known about Options 3 and 4 if they were not with SRO. She said the website only listed Options 1 and 2. She also asked if CC had reviewed Options 3 and 4. Staff said Options 3 and 4 were exhibits added after receiving written public comments. This is typical procedure so that the PC is then able to address them during the public hearing process. The City Attorney will review all amendments prior to the ordinance. Ricardo Frazer asked what will happen to the non -conforming hotel on the site, which Ms. Miranda addressed. Abdul Yusef said there is a big disconnect, he said he heard about the public hearing two hours prior to it starting, and he reached out to minority businesses in his neighborhood who had not heard about the public hearing. He said they never received the notice and had no idea about the changes. He stated he is concerned that huge changes are being made to their businesses and they need time to communicate and gave their comments, he would like time to be given to the business owners. There were no additional public comments. Chair Watters closed the public hearing, then reopened the public hearing. The Commissioners were in consensus that the public hearing be continued to May 28th and understand there may need to be another virtual meeting. In addition to placing a notice in the Seattle Times and emailing businesses and interested parties, staff will provide post card notification to business owners, although businesses are closed. Commissioner Simmons asked Mr. Yusef for the name of his business, as well as the name of the other businesses that would be impacted by the changes. Mr. Yusef said the name of his business is Eastside for Hire and noted three other auto -related businesses in the area. Commissioner Strander said the addendum received prior to the public hearing was not published in the packet and so the public hearing should be continued so the public has a chance to respond. She asked for staff's response on the email regarding holding a virtual meeting. Staff said the City Attorney confirmed a virtual meeting is in compliance with the Governor's order. Commissioner Mann said considering that people are saying they did not receive notice and four businesses are being impacted by a major decision, she thinks the meeting should be continued. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 26 PC Public Hearing 4/23/20 Page 7 Commissioner Martinez said Mr. Yusef and staff are correct regarding the importance and impact of this meeting. He said there are language barriers and that the information needs to be conveyed to the community/businesses. He requested an email from the City Attorney indicating it is proper to hold the virtual meeting. He said the public hearing should be left open so the public may provide comments. Commissioner Stark expressed concerns about holding this meeting and agreed the meeting needs to be continued. She requested that staff clean up the packet and reissue, and that proper steps be taken for the public to attend the hearing. She said given the circumstances she is proposing an additional meeting(s) in May. Commissioner Reay had a follow up question for Ms. Granbois, who appeared to have left the call. She asked staff what the process would be if an in-person public hearing cannot be held in May, would there be another virtual meeting, and inquired about timeframe. Staff said in order to meet the deadline that a public hearing must be held in May. Commissioner Reay said she appreciates the effort that staff made to notify the businesses, but part of the outreach issue was compounded by some businesses being closed. She did not have any questions for staff regarding the recommendations. She thinks the public hearing should remain open because of the situation and for equity, with the understanding there would have to be another virtual meeting. Commissioner Simmons suggested leaving the public hearing open because of the impacts already seen on small business and COVID-19. She noted that over communication may be necessary because there was such a large issue in the past where people did not feel like they were included in the public process. Commissioner Watters said this is an important issue and it is impactful on the community. Further, the moratorium has been extended for a long time. She said it makes sense to continue the hearing because of challenges with language barriers and businesses being closed. She said she appreciates staff's efforts and requested that staff elaborate on outreach efforts and asked to hear more about targeted outreach considering the COVID-19 situation. She hopes to hold the continuation in May and mentioned that receiving addendums at the last minute is part of the public hearing processes. Although it does make it hard sometimes, she said they do review options with a scalpel instead of a hatchet, and it does require two meetings on occasion. Commissioner Strander asked for clarifying questions on land use items 4 and 8. Commissioner Mann asked clarifying questions and provided comments for staff on items 5, and 6. She was interested in a full-service hotel and suggested further definition as to what qualifies as a restaurant. She expressed interest in allowing drive-through food establishments in the NCC zone, such as a coffee shop for item 8. Commissioner Martinez expressed concern with the recommendation in item 2 for Option 3 and would like for the City Attorney to review that as well as item 3. Commissioner Simmons said several of her issues were addressed but expressed concern with the new drive-through restaurants being eliminated. She said to keep in mind it is important that TIB service everyone in Tukwila and that some people rely on cars. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 27 PC Public Hearing 4/23/20 Page 8 Commissioner Stark inquired whether there is any economic development study or plan other than the CNU study? She also said she agrees with Commissioner Simmons regarding the drive-through. Commissioner Reay commented that TOD is amazing for economic development and very important pre-COVID-19 and said it will be necessary to be nimble and flexible with economic development because things are going to change. She also inquired whether on -street parking will be possible. Commissioner Watters reiterated the need for extra notification and to find some key help for outreach. She said she was glad Option 4 was added. She inquired whether the recommendation for item 2 should be another Option 4. She expressed concern with the six-month timeframe for non- conforming uses and recommended extending it due to COVID-19. She also suggested staff provide more history on the CNU workshop. Director's Report Staff provided status on the Bellwether trees. Action Item - Commissioner Martinez requested that staff send the plans they approved as part of the design review to the Commissioners. Staff provided status on how staff is working remotely and maintaining a virtual permit center. Staff provided information about Sound Transit's I-405 BRT project. Adjourned - 9:45pm Submitted by: Wynetta Bivens Planning Commission Secretary Adopted: 7/23/20 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 28 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CITY OF TUKWILA PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES Date: October 22, 2020 Time: 6:30 PM Location: Virtual meeting via Microsoft Teams Present: Vice Chair Louise Strander; Commissioners Dennis Martinez, Sharon Mann, Karen Simmons, Dixie Stark, and Andrea Reay Absent: Chair Heidi Watters Staff: Department of Community Development (DCD) Deputy Director Minnie Dhaliwal, Planning Supervisor Lynn Miranda and Planning Commission Secretary Wynetta Bivens Protocol: Minnie Dhaliwal explained the protocol for the virtual meeting. She also went over the purpose of the continuation. Agenda: Continuance of the April 23, 2020 Public Hearing on Zoning Code Amendments. Adopt Commissioner Mann disclosed that she received an email from Greg Minutes: and Vanessa Zaputil regarding corrections to two of the three motions in the 9/24/20 minutes. Commissioner Mann moved that the recorded minutes be reviewed, and the minutes be adopted at the next meeting. Commissioner Stark abstained due to absence on 9/24/20. Commissioner Martinez seconded the motion. Motion passed. Upon review of the recording, the two motions were revised to verbatim motions. Vice -Chair Strander opened the public hearing for: CASE NUMBER: L20-0015 PURPOSE: Consider zoning code amendments restricting or prohibiting certain auto - oriented and lodging uses currently prohibited by Ordinance 2620, to implement the Tukwila International Boulevard (TIB) element of the Comprehensive Plan. LOCATION: Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zones in the TIB study area Lynn Miranda, Planning Supervisor, DCD, gave the presentation for staff. She said the intent of the public hearing is for the PC to continue deliberations on the April 23 public hearing on the amendments to Table 18-6, Land Uses allowed in the NCC and RC zoning districts in the TIB study area to replace the need to renew the moratorium on auto -related services and lodging uses. This will ensure that future development in the TIB area is consistent with and supports a walkable TIB District as envisioned in the Comprehensive Plan. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 29 PC Public Hearing 10/22/20 Page 2 She said in April there were some concerns about the difficulty regarding providing notice of the hearing to the public during the pandemic. She said for tonight's virtual hearing and virtual on- line open house held on October 20th staff put extra effort into notification. The code requires notification of occupants and property owners within 500 ft. and to publish notice in the newspaper, which was done. Additionally, 11,300 post cards were mailed to all existing businesses, residents, and property owners located in the City excluding Southcenter, Tukwila South and properties located in the Manufacturing Industrial Center (MIC) zone which is mainly Boeing. Emails were sent with post cards attached to a list of 337 interested parties with a sentence in five different languages that said, "this information is very important to your community please ask someone to translate for you." She noted that an earlier incorrect draft of the postcard was put in the staff report, but she assured the Commission that the correct postcard was mailed out. Staff also hand delivered notification flyers to all the business in the RC and NCC zoning district in the TIB study area on Thursday October 15th. She explained the intent of the open house was to answer questions on the interim proposed changes so that people could be well prepared for tonight's hearing and the upcoming City Council public hearing. Four people attended the open house and one person had difficultly joining but staff was able to help her successfully participate on-line. She provided a brief overview of items covered in April. She talked about what planning efforts have been happening in the TIB area to date, the kinds of changes the City has been proposing to the City's zoning code and why. In 2015, the City Council adopted a 20 -year vision for the area that called for transforming the TIB from a highway serving regional traffic to more of a walkable main street with businesses serving the residences located nearby. The long-term vision also called for new houses and commercial uses at more urban density within walking distance of the TIB Light Rail Station. In 2017, the City, in partnership with the Congress New Urbanism (CNU), held a 3 -day community workshop on how to make the vision happen. There were two key actions recommended to the City Council after the workshop, 1) the rechannalization of TIB to add on - street parking and bike lanes to slow down traffic and improve safety for all uses and to provide parking for businesses by their front door, and 2) update the zoning standards code to attract and support the types of new development that create a walkable main street. In 2017, the Council adopted a moratorium that prohibited any new auto oriented and lodging uses or expansion of the existing uses so the type of development wouldn't occur that would conflict with the vision for TIB safe and walkable main street. Explanation was provided of other intents of the moratorium. Ordinance 2620 was renewed by Council in July, and the PC recommendations on the interim zoning code amendments are needed now for the Council to adopt them prior to expiration of the current moratorium in January 2021. Staff's Recommendations A walkthrough was provided of staff's recommended changes to the land use table, which are listed on page 17 of the October 17, 2020 staff report. It was noted that no changes are being proposed for the allowable densities, heights, parking standards or other development standards affecting building size or lot design, which will be brought to PC and City Council at a later date. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 30 PC Public Hearing 10/22/20 Page 3 The PC asked clarifying questions. Written Public Testimony Lynn Miranda read the written public comments received prior to 5 PM, on 10/22/20 from the following individuals: Jimmy K - Brian Kennedy Rune Harkestad - John McCullough, McCullough Hill Leary, ps., for Sterling Realty Organization (SRO) Minnie Dhaliwal, Deputy Director, facilitated virtual public testimony. Virtual Public Testimony Adul Yusef, General Manager, Eastside for Hire, thanked the Commission for their service and staff for taking note and doing a good job with outreach for this hearing, and for the continuation of the April 23rd public hearing. He said in April they were in support of the TIB changes taking place and even though they were not aware of the moratorium they would have not opposed it. He said the COVID virus caused a lot of change to their business, and they are 90% down. Therefore, they rented out their shop for auto repair, and at the time were not aware of the moratorium. He said he met with David Cline the City Administrator and Jack Pace, and they tried to help but were unable to because of the moratorium. He said they told him about tonight's hearing, where he could address the issue. He requested temporary use of their property for auto repairs for a couple of years, which he said they cannot do under the current code. He asked for a chance to mitigate the problem while things are coming back from COVID. He asked the Commission to take that into consideration. He said that the City Administration have shown them tremendous respect and looked into every possible way that they could accommodate them. He said nobody could have anticipated that the world would change this much, and that they would need to use the property for auto repair. He asked the Commission to take note when making their recommendations to the City Council and to accommodate their needs because the moratorium was not designed to punish those businesses there but to make the community and TIB better. Traci Granbois said she encourages the commission to support the alternative proposal and allow existing uses of the businesses to continue. Chris Vandyke, Eastside for Hire, Assistant General Manager, said he wanted to echo Adul Yusef's comments and underscore that businesses have been entirely turned upside down as of the Governor's stay at home order on March 13 or 15. He said they have taken a body blow and they don't know how much time it will take to recover, to put them back in the position where the long range plans for the company are back in place. He said they are the largest minority Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 31 PC Public Hearing 10/22/20 Page 4 owned business on the west coast with about 600 drivers and they are completely shut down. He said they are scrambling for things to get better and they need time to get back on track. He said however the Commission decides to go forward they need flexibility in the grandfathering of existing uses. He said there is a legal dispute issue regarding whether the repair shop has been in use continually. He said they would like to continue in the use for a limited time period so the City can continue with its long use plan. And that COVID has upset their plans and makes it much less possible to not just accommodate the plan for the district improvements but to be a cooperative part of the plan. There were no additional public comments. Vice -Chair Strander gave the Commissioners the opportunity to ask clarifying questions. PC Questions / Comments See the attached table for a detailed list of comments, and questions the PC requested that staff return with answers. Vice -Chair Strander closed the public hearing. A meeting was scheduled for November 5th, and at that time staff will provide the Commission with answers to their questions. Then the PC will deliberate on the amendment proposals before them. Director's Report Adjourned 9:30 pm Submitted by: Wynetta Bivens Planning Commission Secretary Adopted: 11/5/20 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 32 PC Comments For pre-existing uses, can we require screening of parking lots from public frontage? For pre-existing uses, can we require screening of outdoor storage from public frontage? Does not want wholesale distribution of fuel facilities in NCC or RC zones permitted in TIB study area. Does Fire Dept have concerns about placing gas pumps behind the building, as required in the proposed footnote? Does not want stand -along electric car charging stations on in NCC or RC zones in TIB study area. Should be an accessory use. Clarify that b. in the footnote applies to surface parking lots. Why are surface -level commercial parking lots (use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged) required to be 175' from street? How deep are the parcels on TIB? Should this required distance be less? Note: Commissioner Mann is in favor of keeping 175'. The minimum of 100 rooms requirements seems arbitrary. Consider using the minimum room requirement used by the Seattle Southside Regional Promotion Authority Tourism Promotion Area (TPA) in determining application of lodging charges. The minimum of 100 rooms requirements seems arbitrary. Consider using the minimum room requirement used by the Seattle Southside Regional Promotion Authority Tourism Promotion Area (TPA) in determining application of lodging charges. Land Use Item 1.Automobile, recreational vehicles or travel trailer or used car sales lots (no dismantling of cars or travel trailers or sale of used parts allowed). 3. Automotive services 3. Automotive services 3. Automotive services 3. Automotive services 4. Commercial Parking 4. Commercial Parking 5. Extended Stay Hotel/motel 5. Hotel Planning Commissioner C C CO C C CO C C CO Strander Mann & Martinez Mann Martinez > CO > COcc CC 33 Wants to allow drive-thru restaurant facilities in NCC Consider a requirement for drive-thrus to exit on to side street instead of TIB to decrease opportunities for vehicular and pedestrian conflicts. Consider a requirement for drive-thrus to exit on to side street instead of TIB to decrease opportunities for vehicular and pedestrian conflicts. Consider a requirement for drive-thrus to exit on to side street instead of TIB to decrease opportunities for vehicular and pedestrian conflicts. Pawnbrokers and payday lenders do not add value to the neighborhood. Consider prohibiting these uses in the RC zone. 8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant 8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant 9. Retail sales 10. Financial, banking, mortgage, other services 10. Financial, banking, mortgage, other services to In C 0 E E in C 0 E E N C 0 E E In C 0 E E 34 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CITY OF TUKWILA PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES Date: November 5, 2020 Time: 6:30 PM Location: Virtual meeting via Microsoft Teams Present: Chair Heidi Watters; Vice Chair Louise Strander; Commissioners Dennis Martinez, Karen Simmons, Absent: Commissioners Sharon Mann, Dixie Stark and Andrea Reay Staff: Department of Community Development (DCD) Deputy Director Minnie Dhaliwal, Planning Supervisor Lynn Miranda and Planning Commission Secretary Wynetta Bivens Agenda: Continuance of the October 22, 2020 Public Hearing on Zoning Code Amendments deliberations. Adopt: Commissioner Watters moved to adopt the 9/24/20 minutes as amended Minutes: Commissioner Martinez seconded the motion. Motion passed. Commissioner Strander moved to adopt the 10-22-20 minutes. Commissioner Martinez seconded the motion. Commissioner Watters abstained; she did not attend the meeting. Motion passed. Chair Watters opened the public hearing for: CASE NUMBER: L20-0015 PURPOSE: Consider zoning code amendments restricting or prohibiting certain auto -oriented and lodging uses currently prohibited by Ordinance 2620, to implement the Tukwila International Boulevard (TIB) element of the Comprehensive Plan. LOCATION: Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zones in the TIB study area Lynn Miranda, Planning Supervisor, DCD, explained the intent of the meeting and noted the following: • In addendum #3 of the staff report are staff's responses to the questions, comments and suggested modifications made at the October 22nd PC public hearing, in Attachment A. • The latest proposed modifications are included in Attachment B. • The staff recommendations in the October 22nd packet were revised based on the PC directions and suggestions. The PC will deliberate on those revisions. Ms. Miranda gave a brief review on each of the following land uses, amendments and staff's proposed recommendations, prior to PC deliberations. She also answered clarifying questions for the Commission. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 35 PC Public Hearing 11/5/20 age 2 DELIBERATIONS: 1. Automobile, recreational vehicles or travel trailer or used car sales lots (no dismantling of cars or travel trailers or sale of used parts allowed. Commissioner Strander asked, how the requirement of an enclosed showroom for vehicles would work if someone wants to test drive a vehicle? And isn't it like a parking lot with a roof? Staff responded there would be a showroom, and one or two cars outside or stored in a different area for test driving. Commissioner Strander read language from the moratorium ordinance 2620 and said based on that language she does not support any of the recommendations, she supports leaving it like it is. Commissioner Martinez asked, will pre-existing legal auto businesses be grandfathered in if ownership changes? He asked if the owner will be allowed to sell? Staff said nothing would change with the change of ownership, the use is not non -conforming and it can continue if sold. Commissioner Martinez said he does not feel comfortable with the showroom. He said it would be an additional financial burden on whoever buys the property; and small business owners will not be able to compete with high end markets. He said it should stay the same. Commissioner Simmons asked whether there are currently dealerships on TIB north of SR -518? She said she is not opposed to the enclosed showroom, and from a visual perspective new lots would have a cleaner look. Commissioner Watters said she is in favor of staff's recommendation #5; she feels staff did a good job striking a good balance between allowing mom and pop shops to continue to operate and to be able to sell their business. She said it could potentially increase the value of businesses. And that she appreciated Commissioners Martinez and Simmons comments. Motion #1:Commissioner Watters made a motion to forward to the City Council Option 5 for category #lauto sales as noted in the 11/5/20 staff report. Commissioner Simmons seconded the motion. Commissioners Strander and Martinez opposed. Commissioners Watters and Simmons were in favor. 2. Rental of vehicles not requiring a commercial driver's license. Commissioner Strander asked how an enclosed showroom would work with rental vehicles? Staff responded that people would get transported to a car or it is brought to them. Commissioner Strander said she does not support any of the options and will vote no. Commissioner Simmons gave an example of places that do not have the cars on-site but instead bring them from another location to the counter. She said she likes the language, and she agrees with the enclosed showroom. Commissioner Watters said the proposed language strikes a good balance, and it brings value to the community and the neighborhood, so she is in support. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 36 PC Public Hearing 11/5/20 age 3 Commissioner Martinez said he believes the area is over saturated with car rentals businesses. He expressed concern with the motion for auto sales for small business car sale owners. He said a walkable community will provide a valuable service to new residents and immigrants. He said he does not see car rentals as a big deal, and he does not see small businesses wanting to spend millions of dollars to build a showroom in that area. He said they could have something else there. Commissioner Simmons said she agrees with Commissioner Martinez regarding small businesses having access to an alternative auto market, but she thinks they are moving in the right direction by requiring showrooms. Motion #2: Commissioner Watters made a motion to forward to the City Council Option 5 for category #2 -rental vehicles as noted in the 11/5/20 staff report. Commissioner Simmons seconded the motion. Commissioner Strander opposed. Commissioner Martinez abstained from voting. Commissioner Watters and Simmons were in favor. 3. Automotive services, gas (outside pumps allowed), washing, body and engine repair shops(enclosed within a building), and alternative fueling station (not wholesale distribution facilities) Note: the Fire Marshall approved language added regarding "must comply with fire code" language in the 11/5 staff report. Commissioner Strander asked if the TIB is designated a principle arterial, and as a principle arterial does it need to be a certain size? She said they are being asked to look at zoning codes based on walkability and a principal arterial means something else. She said she is not comfortable putting the gas pumps in the back based on walkability. She also asked when is the rechannelization going to happen? She said she does not support any of the options and likes it the way it is. Staff responded that the vision and Comprehensive Plan is a long term, 20 -year vision and we're trying to make the changes incrementally. Note: Commissioner Stander later stated that she read in the code it was considered a principle arterial. Commissioner Watters said whatever classification is in the code that it was taken into account during the comprehensive planning process and the PC were given direction. Commissioner Martinez said he is frustrated with the elected officials not moving forward with this. He said they are building a bridge and do not have the foundation, and he has mixed feelings. He said he wishes they could figure out what they need to do, the big piece has not been addressed and he is not comfortable voting on this when the major stuff has not been taken care of. Commissioner Watters said she can appreciate that this is a big change and it may take a while to get through the processes and that's why it is important to keep the ball moving so they can be part of the change. She feels good moving it forward and thinks they have done so much with the public who complimented staff's outreach efforts last time. She feels like it is a success in the community and the Comprehensive Plan focuses on the wellbeing of the community. The Comprehensive Plan is already adopted and calls for a walkable area. She is in support of this and thinks the City has given them a mandate to do this and thinks it is good to do gradually over time. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 37 PC Public Hearing 11/5/20 age 4 Motion: #3 Commissioner Watters made a motion to forward to the City Council for category #3- Automotive services, gas (outside pumps allowed), etc. as amended in the 11/5/20 staff report. Commissioner Simmons seconded the motion. Commissioner Strander opposed. Commissioner Martinez abstained from voting. Commissioners Watters and Simmons were in favor. 4. Commercial parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged (TMC 18.06.613) Commissioner Strander asked staff about the question raised at the last meeting regarding the 175 ft. parcel depth along TIB. Staff said the parcel depth ranges from 80 ft. to 465 ft. in depth along the corridor. The policy choice of 175 ft. was to discourage airport parking along TIB, staff recommended no change. Commissioner Martinez asked for a breakdown of the 80 ft. to 465 ft. lots, how many are there and where are they located? He requested to see a map of how many lots are 175 ft. in depth, he said he is not comfortable approving it without the info. He said he asked for this information at the last meeting and this info should have been easy to provide. Staff pulled up a map during the meeting to show that the lot pattern and depth varied up and down the corridor. Commissioner Martinez wanted to know the average lot size, and the number of lots that currently exist in the high traffic area that are a minimum of 175 ft. Commissioner Watters said since the Comprehensive Plan has already been established it makes sense, and other options are provided to offer some flexibility. Commissioner Strander said for the record the Light Rail Station parking is permitted and if there were to be another parking lot across the street would it be permitted? Commissioner Martinez asked if Sound Transit parking lots were considered commercial parking or non- profit parking? Staff said they are an accessory to an existing permitted use. Commissioner Strander asked if they were expanded in any way would it be acceptable. Staff said additional parking for light rail is subject to the Unclassified Use permit for the station. Motion: #4 Commissioner Watters made a motion to forward to the City Council for category #4- Commercial parking, etc. as amended and recommended in the 11/5/20 staff report. Commissioner Simmons seconded the motion. The motion passed unanimously. 5. Extended -stay hotel/motel Motion: #5 Commissioner Watters made a motion to forward to the City Council for category #5- Extended -stay hotel/motel option #3 amended from a 100 unit minimum to a 90 unit minimum and to strike the word motel from the land use table recommended in the 11/5/20 staff report. Commissioner Martinez seconded the motion. The motion passed unanimously. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 38 PC Public Hearing 11/5/20 age 5 6. Hotels Motion: #6 Commissioner Watters made a motion to forward to the City Council for category #6 - Hotel as amended from a 100 unit minimum to a 90 unit minimum as recommended in the 11/5/20 staff report. Commissioner Strander seconded the motion. The motion passed unanimously. 7. Motels Motion: #7 Commissioner Strander made a motion to forward to the City Council for category #7 - Motels option 1 and 2 as recommended in the 11/5/20 staff report. Commissioner Martinez seconded the motion. The motion passed unanimously. 8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant. Commissioner Strander asked how many drive through restaurants are currently in the NCC? What would happen with the existing restaurants under staff's recommendation? What would happen if the restaurant were not open for six months? She also asked if any kind of restaurants with drive throughs would be permitted in the NCC? (Staff said there are 2 drive throughs in the NCC; restaurants without drive-throughs would be permitted; staff said the existing restaurants would stay as is unless they wanted to expand; and if the restaurant is not open for six month it would not change. Commissioner Strander said she supports leaving the drive throughs as permitted, and she also thinks drive throughs in the NCC should be permitted. Commissioner Martinez said at the last meeting he had concerns regarding the lack of drive throughs in the NCC. He said having a drive through restaurant would help the small minority businesses. He said we should have drive throughs to give small minority owned businesses an opportunity to succeed in an area that is going to be developed (Wadajir development). He said he cannot support it without modifying the NCC drive through requirements. Commissioner Simmons thanked staff for adding the language on the drive through to direct the traffic away from TIB onto a side street. She said from a walkability perspective it really adds value to the flow of the traffic on the sidewalk. Commissioner Watters is in support. She said there are other locations in the City where those uses can happen and in order to fulfill the Comprehensive Plan it makes sense to prohibit drive throughs in this manner. Staff noted that they wanted to clarify that in the RC drive throughs are allowed but they must be behind the building. Currently drive throughs are not allowed in the NCC, which will stay as is with staff's recommendation. Commissioner Strander asked what if a drive through restaurant does not have the option to exit to another street, but only have access from TIB? Staff said the language states they will only have to exit to another street if it is feasible, such as being located on a corner. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 39 PC Public Hearing 11/5/20 age 6 Motion: #8 Commissioner Watters made a motion to forward to the City Council staff's recommendation for category #8 for restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant. as noted in the 11/5/20 staff report. Commissioner Simmons seconded the motion. Commissioners Watters and Simmons were in favor, Commissioners Strander and Martinez were opposed. 9. Retail sales, e.g. health/beauty aids/prescription drugs/food/hardware/notions/crafts/supplies/housewares/electronics/photo-equip/film proce ssing/books/magazines/stationery/clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/ sporting goods, and similar items. Commissioner Strander asked how many businesses currently in the TIB area are affected by this category? Staff said approximately eight businesses are affected, but they do not need to comply at this point, it is the new businesses that need to comply (Staff correction — there is only one retail business with a drive-through — Walgreen's Pharmacy). Motion: #9Commissioner Simmons made a motion to forward to the City Council for use category #9 for retail sale s,e. g.health/beautyaids/prescriptiondrugs/food/hardware/notions/crafts/supplies/housewares/e lectronics/photo-equip/film processing/books/magazines/stationery/clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/ sporting goods, and similar items, as recommended by staff in the 11/5/20 staff report. Commissioner Watters seconded the motion. Motion passed unanimously. 10. Financial, banking, mortgage, other services. Commissioner Strander asked how many businesses currently in the TIB area are affected by this category? Staff said four businesses are affected (Staff correction — there is only one business with a drive-through — Key Bank). Motion: #10 Commissioner Simmons made a motion to forward to the City Council for category #10 financial, banking, mortgage, other services as recommended by staff in the 11/5/20 staff report. Commissioner Watters seconded the motion. Motion passed unanimously. 11. Pawnbroker and payday lenders. (There was extensive discussion on this added item) Staff said these land uses are not listed as prohibited uses in the moratorium but were specifically added to the list of proposed land uses modifications based on the PC recommendation at the 10/22/20 public hearing. The Commissioners felt that these uses do not add value to the neighborhood and that they should be prohibited. (See the land use table in the 11/5/20 staff report for additional detailed information.) Commissioner Strander said she supports this category; she asked since it was added after the public hearing and the public did not get a chance to weigh in on this, is it appropriate to add now? Staff said they believe it is okay to add it now, and that the public would still have an opportunity to comment on it at the Committee of the Whole (COW) public hearing in a few Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 40 PC Public Hearing 11/5/20 age 7 weeks. Commissioner Strander reiterated that she is in support, but she would have liked for the public to weigh in on this the same as they did on the other 10 categories discussed. She said she is not comfortable approving this because it was not part of the originally packet, and it was added after the public hearing was closed. Commissioner Martinez said he was also in favor of this, but as Commissioner Strander said it was added after the public hearing was closed. He asked staff when they notified all the parties involved in the meeting last month if they notified them about this proposed change? Staff said they did not specify that in the notice that was sent out but there was a link to the staff report included with all the details including the other amendments PC directed be made. He said he supports one hundred percent what they are trying to do, but that he had some concerns, and he is not in favor of the process tonight. Staff provided additional information on the process. Staff said the discussion took place on this topic during deliberations in a public format and those in attendance heard the PC discussion and concerns about this issue. Staff said in terms of getting public input when the public is notified, they are not notified of every single detail and code change. They are told about what is being considered and if they participate in the meeting then they can learn about the changes. Staff said the PC add value through their discussion and deliberation and may want to add to changes being considered, which has always been the case with all code amendments. Staff starts with a recommendation and the PC builds off that.Public outreach is donegivens on the topic, not every detail. And it is to be expected through that process that things can evolve and change from what staff brings forth to the PC. Commissioner Strander said she understands but this is an additional item that the public did not get to discuss. She said she may be in favor of this, but she will not approve it because it was not part of the original public hearing where someone may have participated because of this item. Commissioner Simmons said she could understand the apprehension on including this item, but personally she feels strongly about including this because it is so predatory upon the community. And if this is an item that will be reviewed further at the COW public hearing where feedback can be provided, she does not have an issue including the pawnbrokers and payday lenders. Commissioner Watters said she appreciated the discussion on how to go about topics, processes, staff's perspective, and them adding additional information. She said if every single minutiae of topic had to be preconceived and sent on a flyer then government would grind to a halt and it would not be possible to get anything done. She said the fact the public were able to hear about it, and when Council hears about it that will be the third time and they can take action to discuss it further if they wish. She said because they are all in favor, she would encourage them to support it because that way the Council will talk about it. If they do not forward a recommendation, then it will not be on the list and Council probably will not talk about this. She said she thinks this is a great way to move the process forward and give the community a chance to discuss it, so she is in favor. Commissioner Strander said she does agree that this change should happen, but she has an issue with the process and because of that she will not approve. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 41 PC Public Hearing 11/5/20 age 8 Motion: #11 Commissioner Watters made a motion to forward to the City Council the additional category #11, pawnbrokers and payday loans as amended in the 11/5/20 staff report with staff's recommendation. Commissioner Simmons seconded the motion. Commissioners Watters and Simmons were in favor. Commissioner Strander opposed. Commissioner Martinez abstained from voting. Staff noted that tonight's meeting was to consider all the public testimony received, and the PC has concluded deliberations on each one. Staff said they appreciate everyone's hard work and participation, the community's input and the Planning Commission's thoughts and process, and it will be a better product because they have deliberated and thought through each item. They also said they valued everyone's input. Next steps: • Staff will forward the PC recommendations to City Council for final decision. • If everything precedes as planned the COW will hold a public hearing on November 23rd, at 7:00 p.m. • There will be a City Council public hearing on December 7th, at 7:00 p.m. and they will adopt their recommendations. Adjourned 8:45 p.m. Submitted by: Wynetta Bivens Planning Commission Secretary Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 42 From: ueoroina- on-the-Duwamish To: Lynn Miranda Subject: Re: NOTICE: Planning Commission Public Hearing on land use changes in NCC & RC zoning in Tukwila International Blvd area Date: Thursday, April 16, 2020 6:08:20 PM I have read the document and agree with the staff recommendations, all of which support/enhance a walkable TIB district. Good work. Georgina Kerr 3836 S 116th St Tukwila WA 98168 206 444 9695 On April 16, 2020 at 3:29 PM Lynn Miranda <Lynn.Miranda@TukwilaWA.gov> wrote: Hello, You are receiving this Notice of a Planning Commission Public Hearing because you previously indicated an interest in receiving information related to a project or community planning effort in the Tukwila International Boulevard area. Please let me know if you no longer wish to be on our list of interested parties and I will remove you from this list. The Tukwila Planning Commission will be holding a virtual public hearing on Thursday April 23 at 6:30 p.m. to consider zoning code amendments restricting or prohibiting certain auto -oriented and lodging uses currently prohibited by Ordinance 2620, for the purpose of implementing the Tukwila International Boulevard (TIB) Element of the Comprehensive Plan. Land uses currently permitted in the Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zoning districts may be affected. Please see the Notice below for directions on how to learn more about the zoning code amendments, access the virtual meeting online or via telephone, and provide public comment on the project via email or verbally. City of Tukwila PUBLIC HEARING NOTICE 43 MCCULLOUGH HILL LEAKY, PS April 23, 2020 Planning Commission City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 VIA ELECTRONIC MAIL Re: Comments on Item L20-0015 Zoning code amendments restricting or prohibiting certain auto -oriented and lodging uses Under the Tukwila International Boulevard (TIB) Element of the Comprehensive Plan Dear Commission Members: We are writing on behalf of Sterling Realty Organization ("SRO"), which is the owner of the property located at the southeast quadrant of the intersection of Tukwila International Boulevard (TIB) and SR - 518 (the "Property"), to provide comments on the above -referenced draft ordinance (the "Proposed Ordinance"). The Property is the home to the Avis Car Rental service facility and Shuttlepark airport parking. SRO has been working cooperatively with the City and Sound Transit on a vision for a transit -oriented development on the Property, linked to the nearby light rail and future BRT station with a pedestrian bridge over SR -518. With such a pedestrian connection in place, the Property becomes an ideal location for a high-density, mixed-use development, which would anchor the southern end of the City's TIB subarea. But the ability of SRO to pursue this TOD vision depends critically on the continuation of productive economic uses on the Property. The cost of planning and development of a future TOD project on the Property will run into the millions of dollars and will need to be phased over a period of years. If productive uses cannot continue on the Property, then the viability of the TOD vision will be severely jeopardized. The current uses on the Property — automotive services, automobile sales and car rental for Avis, and commercial parking for Shuttlepark — would be rendered nonconforming by the Proposed Ordinance. Under the City's Code, a mere six-month lapse in use of these nonconforming uses could terminate them. We do not know what the post-COVID world will look like, but airport car rental -related activities and airport parking are certainly two uses that are most at risk. SRO is highly concerned that if COVID effects cause such a lapse in use, the Proposed Ordinance will have the unintended effect of terminating the economic use of the Property. If that happens, then the TOD vision for the Property may be a disappearing dream. 44 701 Fifth Avenue • Suite 6600 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812.3389 • www.mhseattle.com The Property is unique in the TIB subarea, in its size and location. It is geographically isolated from the rest of the subarea, it is the largest parcel in the subarea, and it is adjacent to high -impact transportation corridors on two sides. Unlike other sites in the TIB subarea, the continuation of auto - oriented uses on the Property does not pose a land use risk to the redevelopment vision for the corridor. To the contrary, continuation of current uses on the Property is critical to keeping the TOD vision for this site alive. Therefore, we are suggesting options for amendment of the Proposed Ordinance to address this issue. Each of these options recognizes that the Property is a unique asset with unique conditions in the TIB subarea, and allows for continuation of existing uses to help support the implementation of the TIB vision for the Property. SRO believes that Option 1 should be the preferred option: it is simpler to administer. But in either case, SRO will continue to work closely with the City on the long-term TOD vision for the Property. This TOD process will lead to future zoning amendments for the Property and the subarea, as indicated in the Planning Commission work program. If other steps need to be taken to address existing uses on the Property, they should occur in that process, in the context of the long- term vision for the site. In the meantime, it would be a mistake to let area -wide use restrictions in the Proposed Ordinance to create an obstacle to future TOD development of the Property. We urge you to recommend one of the options set forth in Attachment A, in order to keep this TOD vision alive. Sincerely, McCULLOUGH HILL LEARY, PS 2640i C Ncezdienyti John C. McCullough cc: Sterling Realty Organization 45 MCCULLOUGH HILL LEAKY, PS Attachment A SRO TOD Site/Tukwila Proposed amendments to TIB Code OPTION 1: • Add notes to the use tables to provide that (i) commercial parking uses, (ii) rental of vehicles not requiring a commercial driver's license uses, (iii) automotive services, and (iv) automobile and used car sales lots, existing on the effective date of the ordinance on parcels larger than 9 acres in the RC zone in the TIB subarea, are permitted uses. OPTION 2: NEW SUBSECTION TMC 18.70.040 Nonconforming Uses 7. Notwithstanding any provision in this Chapter to the contrary, on a lot in the RC zone of nine (9) acres or greater, a nonconforming commercial parking use, nonconforming rental of vehicles not requiring a commercial driver's license use, nonconforming automotive services use or nonconforming automobile and used car sales lot may be intensified or relocated on the site, or an existing structure devoted to such a use may be structurally altered or reconstructed at another location on the site, as long as the land area occupied by such nonconforming use is not increased. If any such nonconforming use ceases or is diminished, then the time periods for resumption of use set forth in subsection 18.70.040(3) shall be three (3) years. 46 701 Fifth Avenue • Suite 6600 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812.3389 • www.mhseattle.com PUBLIC COMMENTS TO THE PLANNING COMMISSION MEETING APRIL 23RD, 2020 My comments relate to the proposed changes to the RC zoning. I represent an entity which currently is under contract to purchase approx.. 1.6 acre of mostly vacant land located at 14816 TIB (the Steinberg Property) which is approx.. 1/3 of a mile North of the Light Rail Station. While I do not know the demand for the uses subject to the zoning changes in general, I can state with 100% certainty that none of the uses (automobile services, gas, car wash, drive thru, motel, etc.) to be discussed at the Planning Commission Meeting on 4/23 are contemplated uses for a redevelopment of the Steinberg Property. As evidenced by the regional shortage of housing units (I have read estimated at 160,000 units for the Puget Sound Region), by far the highest and best use for the Steinberg Property is housing, and lots of it. The proximity to Light Rail makes all of the parcels between the Light Rail Station and Tukwila Village (identified on the City's web page as within walking distance to Light Rail) of even greater importance for housing. Unfortunately, the current RC zoning falls far short of allowing the potential for housing units typically seen in close proximity to Light Rail Station. I.e. the Steinberg Property only allows for approx.. 35 units while we have received site plan approval from the City of SeaTac for 117 units on a similar size site, directly across the Tukwila Justice Center currently under construction. I strongly urge the City, and the Planning Commission to move as quickly as possible on to the most important phase, which is to adapt zoning similar to what other jurisdictions have enacted around the Light Rail Stations, i.e. Spring District in Bellevue, Northgate in Seattle, or SeaTac for that matter (although they still have some zoning issues to work out which I understand will be addressed this year). Thank you. Rune Harkestad Riverton Housing, LLC 845 NE 106th Ave. #100, Bellevue, WA 98004 47 From: Traci To: Lynn Miranda Cc: Rachel Turpin Subject: NOTICE: Planning Commission Public Hearing on land use changes in NCC & RC zoning in Tukwila International Blvd area Date: Wednesday, April 22, 2020 3:58:26 PM Good afternoon Ms. Miranda, I hope you are healthy and strong during these unprecedented times. As you are likely aware, Governor Jay Inslee has suspended certain in-person requirements under the OPMA. But there are restrictions on when action can be taken. Pursuant to the order, agencies may only conduct meetings that can be attended remotely (both by the public and the governing body) and may only take "action," as defined in RCW 42.30.020, on matters that are either (1) necessary and routine, or (2) necessary to respond to the COVID-19 outbreak and the current public health emergency. All other matters must be postponed until regular meetings may resume that are in full compliance with the OPMA. Remote/virtual meetings may take place as long as they are regular meetings dealing with routine items only. More information can be found here: http://mrsc.org/Home/Stay-Informed/MRSC- Insight/March-2020/Governor-Issues-Proclamation 20-28.aspx I was hoping that you would provide Information on how the content of Tukwila's 4.23.20 Planning Commission meeting is: 1. Necessary and routine and/or 2. Necessary to respond to the COVID-19 outbreak and the current public health emergency. You likely are aware that the vast majority of cities have canceled all commission meetings until at least May. Please see Cities of SeaTac, Burien, Issaquah, Bellevue, Mercer Island. I look forward to hearing from you. Thank you, Traci Granbois From: Lynn Miranda[mailto:Lynn.Miranda@TukwilaWA.gov] Sent: Thursday, April 16, 2020 3:29 PM To: Lynn Miranda <Lynn.Miranda@TukwilaWA.gov> Subject: NOTICE: Planning Commission Public Hearing on land use changes in NCC & RC zoning in Tukwila International Blvd area Hello, You are receiving this Notice of a Planning Commission Public Hearing because you previously indicated an interest in receiving information related to a project or community planning 48 From: Traci To: Lynn Miranda Cc: Doris Cassan Subject: comments for 4.23.20 Planning Commission Meeting Date: Thursday, April 23, 2020 3:53:39 PM Hello Ms. Miranda, I signed up to speak but also wanted to include written comments to the Commission. Please find them below. Thank you, Traci Granbois Traci Granbois 15858 International Boulevard, Tukwila, WA The City of Tukwila is holding a public hearing during the first global pandemic in the past 100+ years. Please allow the gravity of that statement to sink in. You are holding a meeting which has the potential to negatively affect private property rights during the middle of an unprecedented public health emergency. You have had a moratorium on property in this zone for over 4 years. FOUR YEARS! This in itself is another unprecedented phenomenon. Would you describe "four years" as "reasonable" and "for a limited period of time"? The timing of this meeting is unfortunate and gives the impression that the City of Tukwila is attempting to slip a fast one past citizens who have served your community for 25+ years. In regards to the substance of your meeting...the southern portion of the TIB study area is located directly across the street from our region's Rental Car facility which services the Seattle -Tacoma Airport — the powerhouse money/jobs generator in this area. The Port built this facility at much expense for the benefit of all citizens. It is obvious that uses around this Rental Car facility will be related to...cars! It is unreasonable to disallow outdoor storage of automobiles — this will have an extremely negative effect on businesses affiliated with the main industry on IB, namely the airport & rental car facility. Spot zoning. This potential zoning change appears to be an illegal spot zone — with only one car sales location noted on Attachment A, it appears that one specific business is being targeted. In summary, I ask this committee to slow down and truly consider whether holding a public hearing during the middle of the Corona pandemic is truly in the best interest of the citizens. I then ask this committee to reconsider banning outdoor storage of automobiles on properties located on International Boulevard. Thank you for your consideration, Traci Granbois 49 50 c E E O U U_ 0. 0 a▪ ) 0 0 O N Q 0 a)CC N y- N ▪ 0 (� ci PC Direction No response required. Staff comment/analysis/options Staff Response: Per TMC 18.70.040.4 Non -Conforming Uses states if any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. To date, no one has reached out to staff with such a request. One option to address this comment would be to revise the non -conforming use section by adding the following: The DCD Director may grant a commercial use an extension of an additional six consecutive months, for a time period not exceeding one year, provided the following criteria are met: 1. The extension is needed because of the impacts to the business because of COVID; and 2. The business was in existence and operating prior to pre-COVID restrictions; and 2. The use is a permitted use within the zoning district. Staff Response: There are some general studies and articles written about "Main Streets" but a specific economic analysis for TIB, other than a retail and housing market analysis as part of the CNU study, has not been done at this time. Attachment D to this Staff Report Addendum 2 is a memo (dated 3.9.2020) from the City's Economic Development Administrator providing an estimated range of the potential economic development benefits associated with adding on -street parking along TIB to support a pedestrian friendly, "main street" type of neighborhood. Staff Response: See the response to Commissioner Watters' comment above regarding businesses that cease to exist for 6 months or more. Date/Source 0) E L C6 O CU N LC'7 U n! cm c 'L C6 O N N L Co' U n! PC hearing 4.23.20 Commentator Comment (language changes in strikout/underline, recommendation in bold) Consider extending the time allowed for businesses potentially affected by the proposed changes to the land use code to be vacant, given the impact of the pandemic on businesses. Currently, TMC 18.70.040.4 Non -Conforming section states that: Are any economic development studies or plans that have been prepared related to TIB? There was concern expressed about existing uses along TIB experiencing a potential cessation of operations for 6 months due to the impact of the pandemic, and their ability to continue their business in the future if this happens. L a) 0 E a> E U U0 L ai .rn0 co E E L u) Abdul Yusef E N ,_ N CO 1 The moratorium was adopted by the City Council to limit the types and forms of new development that conflict with the community's vision for creating a walkable main street on TIB. Even if allowed on a temporary basis, significant private investment will be required for uses that do not support the community vision and adopted Comprehensive Plan goals and policies. Once theses use are in place, it will be very difficult to regulate them for a limited amount of time. Staff Recommendation: Do not allow new uses currently prohibited by the moratorium and proposed interim zoning revisions on a temporary basis. The requirements for a full service restaurant with Class A liquor license were added to the Options. Research on new hotels in the Southcenter area show that the number of rooms range from 75 to 139, with the average being 101. Staff Recommendation: Keep the minimum number of rooms required at 100. The current zoning code has two different categories for restaurants. Drive-through restaurants (including a business like Starbucks) are currently allowed in RC zone. Restaurants without a drive-through facility are currently permitted in the NCC zone. Allowing drive-thru coffee houses would expand auto -oriented uses into the NCC zone. Putting a minimum size requirement on coffee shops would restrict most drive-through coffee stands from locating in the NCC zoning district, but the type or brand of coffee shops that could locate in the NCC zone cannot be regulated. . In addition, the code does not define "coffee house" so trying to interpret the different forms it could take and regulate that would be difficult - does it sell food? How to differentiate between a coffee house and a fast- food restaurant that also sells coffee? Staff Recommendation: Do not allow drive-throughs in NCC. 0) C 'L N N L M Ute! C L O N L M UN 0.) c L 4) N L co' UN A desire was expressed to allow new uses that are currently prohibited by the moratorium so that property owners affected by COVID can generate income - perhaps allow on a temporary basis. To ensure a quality hotel, revise the conditions for hotels and extended stays to include a full service restaurant with Class A liquor license and more than 100 rooms. Red Lion further south on International Blvd has 140 rooms. Allow drive-through coffee houses in NCC zone. These could be accessed through an alley. N C - Q Commissioner Mann (2 N N c c C •O CZ N L E U (13 VCS 2 9 v Ir) CO 53 No response required. PC must make a decision on which alternative to recommend. No response required. No response required. No response required. No response required. PC must make a decision on which alternative to recommend. Drive-through restaurants, services and retail are still permitted in the RC zone. The proposed zoning revisions would apply to new businesses, and have locational requirements that support walkability for the drive-thru facility and queuing lanes. These suggested options were added to Items 1-3 in the Addendum. A full set of zoning code revisions is anticipated to come before the PC in 2021, once a decision on TIB rechannelization is made by the Council. No response required. The City Attorney reviewed the Governor's proclamation regarding public meetings and approved holding the virtual public hearing. The area south of SR 518 is very different in character than the area north of the SR. International Blvd, which fronts these parcels and is within the City of Seatac, does not have the same potential for adding on -street parking and "main street" character as does TIB north of SR 518. Staff Response: Added another option to Items 1&2 that exempts all parcels south of SR 518 from the enclosed showroom requirements. PC hearing 4.23.20 O -N E N W O - N E N W 4 O - N E,- W 4 Email 4.22.20 O - N E N W 4 Need to consider that people living in other areas of the City drive to this area and still use drive-throughs. Requested 2 other alternative options for Items 1-3 regarding exemptions for parcels larger than 9 acres in RC zoning from enclosed showrooms. Urged Commissioners to move forward with adopting zoning similar to what other jurisdictions have enacted around light rail stations. Agrees with staff recommendations that support/enhance a walkable TIB district. Concerned about holding a virtual meeting during the pandemic Concerned about holding a virtual meeting during the pandemic. Requested PC to consider banning outdoor storage of automobiles on properties located on International Blvd. Commissioner Simmons SRO representatives Rune Harkestad Georgina Kerr Traci Granbois Dollar Car O 0 ID C L a3 0 U L El O 1-- 0 N- co 0) O N 53 54 Lynn Miranda From: BRIAN KENNEDY <graften@comcast.net> Sent: Tuesday, October 20, 2020 12:42 PM To: Lynn Miranda; graften@comcast.net Subject: TIB Zoning Revisions Dear Council, I have lived two blocks from TIB for over 42 years. In the '70's and 80's, when I was younger, I loved to dance at King's and Montana's. My friends and I would go to The Derby, Trudy's and The White Shutters for an occasional drink and maybe a game of pool. Then, things got tougher... hookers, guns etc. The bars and dance clubs all left. Larry's Market was a nice place to go. The new Justice Center / City Hall and Library have spruced up the area. Many of the motels were drug and prostitution ridden; they don't deserve a second chance. We should have nice hotels like at the airport. The Marriot has a nice brunch, Red Lion had a nice place to dance, Gregory's, 13 Coins and other hotel restaurant's are fun to visit once in awhile. Tukwila has a chance to clean up and create more classy and inviting businesses on 99. I realize that here are some lower income business owners, but that doesn't mean that the boulevard has to exist in dereliction and crime. These businesses can be considered when revitalizing Tukwila. Maybe an international products or restaurant area, but with new buildings with great design. My own thoughts are to zone/plan for upbeat hotels with restaurants and entertainment to draw visitors from SeaTac and to give the citizens of the area fun places to go. We don't need more nail salons, tax services, fast food ( except delicious Dick's Drive-in ), gas stations, used car lots, pawn shops. Let's have something nice and unique; we don't have to look like everybody else. Thank You, Brian Kennedy 1 55 Lynn Miranda From: Jimmy K <jarkerne@gmail.com> Sent: Monday, October 19, 2020 10:14 PM To: Lynn Miranda Subject: Comment on City of Tukwila Notice of Planning Commission Public Hearing on Tukwila Internatinal Blvd. International Boulevard should remain car -friendly and pro-business. International Boulevard is a vital roadway that's an important thoroughfare to the SeaTac airport. I don't have a problem with the businesses that are currently on International Blvd. I would be very much opposed to low income government housing or more upzone apartments along International Blvd. Lot of people make a living driving Ubers and Cabs in this area. I-5 is often blocked by protesters, stopped by traffic, or in terrible disrepair after years of neglect. The calm drive along International Blvd. to the City is the alternative many business travelers, drivers, and residents prefer. I've read articles in the Tukwila Reporter where high level Microsoft executives living in Bellevue have thrown a lot of money at giving preference to foreigners to start businesses and live along International Blvd in Tukwila. Let Bellevue residents take that project up in their own City. The building of the new Justice Center to replace struggling immigrant businesses was an admission that this project failed. This practice of our local government giving immigrant businesses taxpayer money, incentives, or preference over American businesses w/ a history of success needs to end. To the extent these businesses are over -leveraged, poorly managed, or a haven for crime they should be allowed to fail or cited. Any brand name restaurant would thrive in this area just as Wendy's or Taco Time have. Tukwila needs to allow more free market competition in this area. Many of the restaurants leaving Seattle due to their high tax anti -business initiatives would happily relocate to International Blvd. Tukwila is already the most diverse city in the country. We don't need to keep focusing on bringing more people in illegally from abroad. The focus should be on strengthening the International community we've already been blessed with and helping them to assimilate with the Americans already here. Tukwila creates wealth for all people w/ single family homes and the opportunity for land ownership. The upzoning of Seattle only enriched the politicians' pockets as they priced out the Community already living there. Boeing leaving Everett should be a wake up call. Tukwila needs to be family -friendly, low tax, and pro-business. Jimmy K CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. 1 56 MCCULLOUGH HILL LEARY, PS October 22, 2020 Planning Commission City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 VIA ELECTRONIC MAIL Re: Comments on Item L20-0015 Zoning code amendments restricting or prohibiting certain auto -oriented and lodging uses Under the Tukwila International Boulevard (TIB) Element of the Comprehensive Plan Dear Commission Members: We are writing on behalf of Sterling Realty Organization ("SRO"), which is the owner of the property located at the southeast quadrant of the intersection of Tukwila International Boulevard (TIB) and SR - 518 (the "Property"), to provide comments on the above -referenced draft ordinance (the "Proposed Ordinance"). The Property is the home to the Avis Car Rental service facility and Shuttlepark airport. parking. SRO has been working cooperatively with the City and Sound Transit on a vision for a transit -oriented development on the Property, linked to the nearby light rail and future BRT station with a pedestrian bridge over SR -518. With such a pedestrian connection in place, the Property becomes an ideal location for a high-density, mixed-use development, which would anchor the southern end of the City's TIB subarea. As we have previously noted, the ability of SRO to pursue this TOD vision depends critically on the continuation of productive economic uses on the Property. The cost of planning and development of a future TOD project on the Property will run into the millions of dollars and will need to be phased over a period of years. If productive uses cannot continue on the Property, then the viability of the TOD vision will be severely jeopardized. Earlier this year, we expressed the concern that the current uses on the Property — automotive services, automobile sales and maintenance/repair for Avis, and commercial parking for Shuttlepark — would be rendered nonconforming by the April 2020 Proposed Ordinance considered by the Planning Commission. Therefore, we suggested options for amendment of the April 2020 Proposed Ordinance to address this issue. 701 Fifth Avenue Suite 6600 Seattle, Washington 98104 206.812.3388 Fax 206.812.3389 www.mhseattle.com 57 We appreciate that the City has returned with several options that respond to the concern we expressed in April. We are pleased to endorse the preferred alternative proposed by City staff, as it allows the continuation of the existing uses on the Property in a way that will help to support the future TOD redevelopment that is our common goal. We encourage you to recommend adoption of the preferred options that are before you tonight. Sincerely, (fit )f -AJ C. McCullough (cuaci,( cc: Sterling Realty Organization 58 PUBLIC COMMENT TO FILE NUMBERS: L20-0015 Code Amendments, PL20-0021 I would strongly encourage Staff and the Planning Commission to also consider changes to the code section governing perhaps the use that is in most demand, namely multi family housing. With the proximity to Light Rail and other modes of public transportation, many of the parcels within the zones under consideration for code changes are perfectly suited for multi family development. The RC zoning unfortunately is extraordinary restrictive in this regard. I believe it would be simple to make a couple of meaningful changes to the code which would strongly encourage the development of multi family zoning within the RC zone. For instance, it would be very simple to change the max density limitation, currently at 22 units/acre for multi family to something more reasonable, i.e. 60 units/acre, which is what is currently allowed for senior citizen developments (if I read the code correctly). I would also suggest to reduce the required amount of recreational space (currently 200 sf/unit) to i.e. 60 sf/unit which is consistent with the requirement in the City of SeaTac. I believe the restrictions on multi family in the RC zone is excessively restrictive given the lack of housing in general and the options of public transportation specifically. This code review process appears to be an excellent opportunity to make relatively simple changes which will go a long way towards encouraging additional housing in the area. Sincerely, Rune Harkestad SEG 56th LLC 59 60 C O a CC al 0 U bA C C 0 N E a C r a C O ra C L a) C co b0 C ra a) 2 0 0 4-. U 0 E O C O a▪ J 0' O E E 0 U bn ._ C f0 a 0 a) C0 O N Q- 0 cu N 41 - N CO ▪ 0 Staff comment/recommended changes (language changes in strikout/underline, recommendation in bold) Revise the staff -recommended footnote as follows: Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Existing uses in the RC zone in the TIB study area on the effective date of the ordinance are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on the date of the ordinance. Pre-existing legally established automotive sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: a proposed expansion or structural alteration, a change of ownership, or when the business is vacated or abandoned for more than 24 months and a new business is proposed. Revise the staff -recommended footnote as follows: Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building and the pumps meet the setback requirements and comply with building and fire codes. Queuing PC Comment (language changes in strikout/underline, recommendation in bold) For pre-existing uses, can we require screening of parking lots from public frontage? NO COMMENTS For pre-existing uses, can we require screening of outdoor storage from public frontage? Don't want wholesale distribution of fuel facilities in NCC or RC zones permitted in TIB study area. Land Use Item y - N CA O O c a) C O ++ N IP a) as _ E O a) r1a in i U — a) 2 (7J O Fs 4- r0 _ O � L Y j r6 OC O O 2 Cv, Y r0 O a) v i a ++ U vNf 0 'O -1 > U U 2. Vehicle Rentals 3. Automotive services 3. Automotive services Planning Commissioner CC C ra C co C C co E.--1 a) N M 61 62 Staff comment/recommended changes (language changes in strikout/underline, recommendation in bold) lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB study area. Pre- existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: a proposed expansion or structural alteration, a change of ownership, or when the business is vacated or abandoned for more than 24 months and a new business is proposed. Currently, electrical vehicle charging stations (Level 1-3) are Permitted (P) in NCC and RC zones and most other commmercial/mixed use zones in the City (see graphic below for images of each type of station). Level 3 stations will need to meet the same requirement as a gas station with the building along the streetfront. Staff recommends making no changes to Table 18-6 for electrical vehicle charging stations. Revise the existing footnote #7 in Table 18-6 as follows: provided it is either: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. PC Comment (language changes in strikout/underline, recommendation in bold) Does Fire Dept have concerns about placing gas pumps behind the building, as required in the proposed footnote? Don't want stand -along electric car charging stations on in NCC or RC zones in TIB study area. Should be an accessory use. Clarify that b. in the footnote applies to surface parking lots. Land Use Item U a) U) CU > •0 E 0 4-,D ni 3. Automotive services 4. Commercial Parking Planning Commissioner y_ 4) 0 L N O2S 41 c i i R3 R3 c C R3 E a) r Ln t.o N Staff comment/recommended changes (language changes in strikout/underline, recommendation in bold) The policy choice to require surface -level commercial parking lots to be located 175' from adjacent streets was to discourage airport commercial parking from locating along TIB, as this was not seen as a positive contribution to the neighborhood. Parcel depth ranges from approximately 80' to 465'. Staff recommends no change to the existing footnote requiring surface -level commercial parking lots to be located a minimum of 175' from adjacent streets. The TPA charges an assessed rate of $2.00 per unit per night of stay in establishments with 90 or more rooms. Revise the staff - recommended footnote for Extended Stay Hotel as follows: Allow if the following are provided: a full-service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 149-90 rooms. Revise as follows: Extended Stay Hotel/Motet The TPA charges an assessed rate of $2.00 per unit per night of stay in establishments with 90 or more rooms. Revise the staff - recommended footnote for Hotels as follows: Allow h^T. with if the following are provided: a full-service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 480-90 rooms. Staff continues to recommend no drive-thru restaurant facilities in NCC. Restaurant drive-thru facilities continue to be allowed in RC zone. PC Comment (language changes in strikout/underline, recommendation in bold) Why is surface -level commercial parking lots (use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged) required to be 175' from street? How deep are the parcels on TIB? Should this required distance be less? Note: Commissioner Mann is in favor of keeping The minimum of 100 rooms requirements seems arbitrary. Consider using the minimum room requirement used by the Seattle Southside Regional Promotion Authority Tourism Promotion Area (TPA) in determining application of lodging charges. Motels will not be a permitted use in RC zone. The minimum of 100 rooms requirements seems arbitrary. Consider using the minimum room requirement used by the Seattle Southside Regional Promotion Authority Tourism Promotion Area (TPA) in determining application of lodging charges. NO COMMENTS Wants to allow drive-thru restaurant facilities in NCC Land Use Item 4. Commercial Parking 5. Extended Stay Hotel/motel 5. Extended Stay Hotel/motel 5. Hotel 7. Motels 8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant Planning Commissioner N (1 C i (6 2 >- CO cc 4- CO >.C v CO d r c-I c-I 63 64 Staff comment/recommended changes (language changes in strikout/underline, recommendation in bold) Revise the staff -recommended footnote as follows for restaurant drive-thrus in RC zone: Drive-thru facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-thrus must exit to a side street or an alley that connects to a side street, where feasible. Retail uses with drive-thrus are currently allowed in both NCC and RC zones. Revise the staff -recommended footnote as follows: Drive-thru facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-thrus must exit to a side street or an alley that connects to a side street, where feasible. These uses with drive-thrus are currently allowed in both NCC and RC zones. Revise the staff -recommended footnote as follows: Drive-thru facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-thrus must exit to a side street or an alley that connects to a side street, where feasible. PC Comment (language changes in strikout/underline, recommendation in bold) Consider a requirement for drive-thrus to exit on to side street instead of TIB to decrease opportunities for vehicular and pedestrian conflicts. Consider a requirement for drive-thrus to exit on to side street instead of TIB to decrease opportunities for vehicular and pedestrian conflicts. Consider a requirement for drive-thrus to exit on to side street instead of TIB to decrease opportunities for vehicular and pedestrian conflicts. Land Use Item 8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant 9. Retail sales 10. Financial, banking, mortgage, other services Planning Commissioner U, c 0 E E in U c 0 E E i) c 0 E E in E1-1 a) r Lf1 Staff comment/recommended changes (language changes in strikout/underline, recommendation in bold) In Table 18-6, pawnbrokers are currently listed as a Conditional Use (C) in the RC zone. They are currently not permitted in the NCC zone. The existing pawnbroker at 3920 S. 146th St. is in the NCC zone and was established prior to adoption of the current zoning and therefore may continue subject to the regulations on non -conforming uses, see TMC 18.70. Payday lenders are not currently called out as a specific use in Table 18-6. Staff recommends revising Table 18-6 to address comments from the Planning Commission to not allow pawnbrokers and payday lenders in the RC zone in the TIB study area. PC Comment (language changes in strikout/underline, recommendation in bold) Pawnbrokers and payday lenders do not add value to the neighborhood. Consider prohibiting these use in the RC zone. Land Use Item 10. Financial, banking, mortgage, other services Planning Commissioner / E E 7 E ,r �| : $ 4 7 # $ 2 $ • Supply from household outlet • Make use of EV's on -board charger • 12OV 1 ph AC; 12-16A • Charging power: 1.4KW or 1.9KW • Supply from household outlet or EV Charge point • Make use of EV's on -board charger • 208-24OV 1 ph AC ; 12 to 8OA (Typ. 3OA) • Charging power: 2.5KW to 19.2KW (Typ. 7KW) • Supply from 208-6O0V 3ph AC • Make use of off -board DC fast charger • 4O0A (Typ. 6OA) • Charging power: up to 24OKW (Typ. 5OKW) .,..:. ® ,r �| " r �| , Diagram of Electrical Vehicle Charging Stations 65 66 TIB Study Area CITY OF SEATAC Iwo 11 MEM IMOt co 9■0 ,JrN � _ ikitadk aim HDR bpi • MDR INN sm.hI. -MDRii NCC s■,d'I HD uw`nn.dl � MDR 111A INN INNEN NM INNEN INN — t a DRi IM= FtRVIM= HDR AlrCC NCC co S_14.Oth St I MEM 457 ME on 1.41MDR k30�, S 1.41st'S.t HDR Ili , um— timi LI173 NC j NNE 44th St MDR S 142nd St I • Al Iv NCC rHDR-LDR � HD —Ara All 5z146th_St '`t•>t NCC ' s u NCC lab HDR MDR S 148th St , !/MDR! LR z MDR d HDR 11111 MDR JRJJJ ,vr Ain AI S-132ndSt ■DRLDR HDR 1 Q ■11��� �m * • Southcenter_BLud (> 3 a w • HDR RC v MDR HDR S -158th -St IIIII I L LD I II HDR • i I 67 68 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TABLE 18-6, "LAND USES ALLOWED BY DISTRICT," AS CODIFIED IN TITLE 18, "ZONING," OF THE TUKWILA MUNICIPAL CODE, TO CLARIFY THE TYPES AND FORM OF DEVELOPMENT PERMITTED IN THE REGIONAL COMMERCIAL (RC) AND NEIGHBORHOOD COMMERCIAL CENTER (NCC) ZONES LOCATED IN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan ("Comprehensive Plan") in compliance with the Growth Management Act; and WHEREAS, the City of Tukwila is currently updating its Zoning Code to comply with its adopted Comprehensive Plan; and WHEREAS, the Tukwila International Boulevard Study Area ("TIB Study Area"), shown on Exhibit B, is generally bounded by 42nd Avenue South on the east, South 160th Street on the south, International Boulevard and Military Road on the west, and South 133rd Street to the north; and WHEREAS, the TIB Study Area consists of mixed zoning that includes commercial and residential zones with a stepped edge that follows the boundary of the multi -family zoning districts up to the Mixed Use Office District at approximately South 133rd Street; and WHEREAS, within the TIB Study Area's existing Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zoning districts, there are certain uses that in the future may not be allowed or may be allowed with conditions; and WHEREAS, the Comprehensive Plan goals and policies for the TIB Study Area are to create a pedestrian oriented, walkable destination, with services for the neighborhood, and uses and developments consistent with those goals and policies; and WHEREAS, the City of Tukwila is in the process of updating its land use regulations to comply with said goals and policies of the Comprehensive Plan for the TIB Study Area; and CC:\Legislative Development\TIB Zoning Code revisions -Table 18-6 11-10-20 LM:bjs Review and analysis by Barbara Saxton Page 1 of 4 69 WHEREAS, prior to updating its land use regulations for the TIB Study Area, the City provided the public many opportunities to provide input on this matter; and WHEREAS, the City of Tukwila conducted a three-day workshop in February 2017 on the future improvements and land use regulations for the TIB Study Area and preliminarily determined hotels, motels, extended -stay facilities, and auto -oriented commercial uses (including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive- throughs) should be regulated differently than currently regulated; and WHEREAS, on July 17, 2017, the Tukwila City Council adopted Ordinance No. 2543, which declared an emergency necessitating the immediate imposition of a six-month moratorium prohibiting, within the TIB Study Area's NCC and RC zoning districts, the development, expansion, intensification, or establishment of any new hotel, motel, extended -stay facility, and auto -oriented commercial uses (including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs); and WHEREAS, following the adoption of Ordinance No. 2543, the City of Tukwila adopted several subsequent ordinances (Ordinance Nos. 2565, 2579, 2595, 2606, and 2620) renewing said six-month moratorium, following public hearing, testimony regarding the City's moratorium, and declared findings prior to each renewal; and WHEREAS, renewals of said six-month moratorium were necessary to ensure the thoughtful and careful drafting of interim Zoning Code revisions that will replace the moratorium; and WHEREAS, on March 2, 2020, the Planning and Economic Development Committee recommended that the Planning Commission consider Zoning Code amendments that would eliminate the need to renew the moratorium again; and WHEREAS, due to Governor Inslee's Proclamation 20-25, "Stay Home Stay Healthy," in response to the COVID-19 pandemic, the Planning Commission held a virtual public hearing on April 23, 2020 to consider code amendments for the TIB Study Area, but the full consideration of the Zoning Code was delayed until October 22, 2020 when the Planning Commission, following adequate public notice, continued their virtual public hearing to consider code amendments for the TIB Study Area; and WHEREAS, Ordinance No. 2620 was set to expire on July 9, 2020 but the Tukwila City Council desired to renew the TIB Study Area moratorium for another six months in order to provide for the time needed for the COVID-19 pandemic related restrictions to be lifted so the public could meaningfully participate in the TIB Study Area code amendment process; and WHEREAS, on June 22, 2020, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses in the TIB Study Area, and on July 6, 2020 adopted Ordinance No. 2631 renewing the six-month moratorium; and CC:\Legislative Development\TIB Zoning Code revisions -Table 18-6 11-10-20 LM:bjs Review and analysis by Barbara Saxton Page 2 of 4 70 WHEREAS, the Planning Commission held a meeting on November 5, 2020 to consider staff -recommended modifications to the Zoning Code and forwarded their recommendations to the City Council; and WHEREAS, on November 16, 2020, the Planning and Economic Development Committee forwarded the Planning Commission recommendations on the TIB Zoning Code revisions that would eliminate the need to renew the moratorium to the Tukwila City Council for a public hearing; and on November 23, 2020, following adequate public notice, the City Council held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The recitals and findings set forth above are hereby adopted as the City Council's findings in support of the moratorium renewal imposed by this ordinance. Section 2. Table 18-6, "Land Uses Allowed by District," Amended. Table 18-6: "Land Uses Allowed by District," as codified in Tukwila Municipal Code Title 18, is hereby amended in the Neighborhood Commercial Center (NCC) and Regional Commercial (RC) columns (within the TIB Study Area) for the uses as set forth below. The amended Table 18-6 is attached as Exhibit A. The map showing the Tukwila International Boulevard Study Area is attached as Exhibit B. P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S =Special Permission (Administrative approval by the Director) NCC RC Commercial Parking (Commercial parking is a use of land or structure for P7 the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged. TMC Section 18.06.613) Extended -stay hotel/motel P35 Financial, banking, mortgage, other services P36 P36 Hotels P35 Motels 12 Retail sales, e.g. health/beauty aids/prescription drugs/ food/hardware/notions/crafts/supplies/housewares/electronics/ photo-equip/film processing/ books/magazines/stationery/ clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/ sporting goods, and similar items P36 P36 7. Commercial parking; provided it is either: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a CC:\Legislative Development\TIB Zoning Code revisions -Table 18-6 11-10-20 LM:bjs Review and analysis by Barbara Saxton Page 3 of 4 71 building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 35. Allowed if the following are provided: a full-service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms. 36. Allowed; however, if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive-through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. Section 3: A map showing the boundaries of the Tukwila International Boulevard (TIB) Study Area, attached hereto as Exhibit B, shall be codified as Figure 18-60 in Title 18 of the Tukwila Municipal Code. Section 4. Corrections by City Clerk or Code Reviser Authorized. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A — Table 18-6: Land Uses Allowed by District Exhibit B — Map of Tukwila International Boulevard Study Area CC:\Legislative Development\TIB Zoning Code revisions -Table 18-6 11-10-20 LM:bjs Review and analysis by Barbara Saxton Page 4 of 4 72 ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT V • i • ^3 W O N 13 CD J I 00 lam^' CD 1— W O w T2 L ro C v E a o O v• 0o -0 U C g v .c CU CI) c v O N 00 U o - v p) 0 c 0ra' M Wri Q C ▪ ▪ N b.0 Q O > u CC • • gr' 03 51 Q aro ^-a co U U v, c ro ro CD '6 -p • 4-, ate) GJ ro ++ N C • tio L v O • Q CU N • ro • a) c C 0 • 0 RI - v CD 7 • cc • O c� G C Ol OC U o J -6 v C L p ++ v L a) 0- 2 O Q. 0 U- 0 cc a o H a a D 0 a a a a a s a a a a U N > 0- M 0 U a a a Cl_ a s a aaa M U x v a D a U a a s Cl.. D 2 a D a U a a s a D = a D U U a 0.. a a s a a a a D U a D U D U 0- a a a s d a d a D U _ Ja u 7 U U a a a a a s a a a N O Q O U c, U U a a a a a s a a a v., Q U o Q U U a a a a a s a a a v) 0 U U z a ®. a a a< a a a U fcC ®®®� 1111®®® 0_ a a U O 1111®®. 1111®®®® 1111®®®!®®®!l®® 1111• ®��®®®• ®1111®r 1111 a a a a U 0 2 l 1111®®® 11ii 1111® 1111 ®®®I9 1111 ' -s a U a a a U cc 1111®- 1111. Q e r a P..... U A&S U P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C= Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC LDR MDR 18.66); S = Special Permission (Administrative approval by the Director) Adult day care A A Adult entertainment (subject to location restrictions') Airports, landing fields and heliports (except emergency sites) Amusement Parks Animal rendering M Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) Animal Veterinary, including associated temporary indoor be 711 access to an arterial required + P Automobile, recreational vehicles or travel trailer or used ca ..lots Automotive services, gas (outside pumps allowed), washing, bo. i 111 engine repair shops (enclosed within a buildin: - • • - ternate fue station (not wholesale distribution facilitie Alllir, Beauty or barber shops +`.1411 11111M.lik, Bed and breakfast lodging for not mor twelve guests ,; 1L C Bed and breakfast lodging (no size limit d) Bicycle repair shops Billiard or pool rooms Boarding Homes Brew Pubs S Bus stations NIL 4/11, Cabinet shops or carpenter shops employing less than five pecliMIF Cargo containers (*see also TMC 18.50.060) - A&S A&S Cement manufacturing W Cemeteries and crematories C C 73 H U H O cip V1 �ll H H z U H H 74 0 cc a I- a_ a a a a a a Q M c -I Q d- c -I CL d- c -I a d' a -I a d- ,-I a d- c -I a d- c -I 0- U a a a U a U a a< %-I Q U a ....., \ N (U6 U O U ,1 O� co\ U M u U a a D a U a a U s a = v a CO a a a D a M Q U U a CO a a a D a CO Q U U a CL 0- a U a U a a M M a U uU aCL a U a ® '1 a ¢ Q U a u a O 1D IrCU a a a u ®'f® r®U u a a s rO a u L1-1 aLID a o Z U a® �, a U a< ,l a a a a Lo ro u uU 1I® a ����®®®®� ®®®®®M c-1 a, a a M U .V ° U a U®®i®®®®® a Q cqS 0- a as a La cc co UD z 2 U j U a a a Op C 4- _ co C -aa L pp F:, O to O 2 0 Q o a a P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) Colleges and universities Commercial laundries I Commercial Parking Computer software development and similar uses Contractor storage yards Continuing care retirement facility Convalescent & nursing homes & assisted living facility for not more than twelve patients Convalescent & nursing homes & assisted living facility for more than twelve patients Convention facilities Correctional institutes Daycare Centers (not home-based) Daycare Family Home (Family Child Care Home)12 Diversion facilities and diversion interim services facilities south of Strander Blvd T O Y E O c Drive-in theatres Dwelling — Detached single family (Includes site built, modul a or new manufactured home). One detached single family dwellin existing lot permitted in MUO, 0, RCC, NCC, TVS. Dwelling- Detached Zero -Lot Line Units Dwelling- Duplex, triplex or fourplex ort , e up to ob A e® unit Dwelling -Townhouses Dwelling —Multi -family Dwelling — Multi -family units above office and re s Dwelling—Senior citizen housing, including assisted living facility fo . s *see purpose section of chapter, uses sections, and development star). Dwelling unit—Accessory 17 H U H C C%1 cip 1-4 r--1 H H z U H H 0 cc a oa D a a D a s a a a a a a U < a a a a a s U m a a D a s a U a a a a a < U U aM a a D a s 2 0 U D a a D U U U a U D a a D a s L., U a a M M U a U M a a D a s = U D a a D a a U a a a Q U a U a D a a D a s U a a D a a U a a a a a U a D a s D a s U U a a D a a U a a a a a U a M a a M a s uU a 0- M 0- e,� ® a a a a < U a D a M a s lJ a U a a CO a nl a U a a a 0- 0 ml 0- D a U D a a U U Z U a a ® 101 M a U a a a a®�� 0- Q D a s U ®s a ®� U a U ®®®®®® a Q D a U oQ ®®�'�®®®n. 18- ®�®®® ®®• < U D a s O U a @ a s®®It�BHii®• a < U D a a cc o U Q Q ®®®®®®r®®®ii® U Q D a a z 0 U < < j < D U U o U < < < < D U P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) Electrical Substation — Distribution Electrical Substation — Transmission/Switching Electric Vehicle Charging Station — Level 1 and Level 2 Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) Essential public facilities, except those uses listed separately in any of the other zones Extended -stay hotel/motel Farming and farm -related activities Financial, banking, mortgage, other services Fire & Police Stations Fix -it, radio or television repair shops/rental shops Fraternal organizations Frozen food lockers for individual or family use Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as residence and is subject to the regulations affecting the main b Greenhouses (noncommercial) and storage sheds not excee Greenhouses or nurseries (commercial) Hazardous waste treatment and storage facilities (off-site) subj compliance with state siting criteria (RCW Chapter 70.105) (See T 8) Heavy equipment repair and salvage Helipads, accessory Home Occupation *see definition and acce�� ��� Hospitals Hospitals, sanitariums, or similar insti N CU 0 0 2 Hydroelectric and private utility power ge® : plants Industries involved with etching, film process' ography, printing and publishing Internet Data/Telecommunication Centers Landfills and excavations which the responsible official, a rsuant to the State Environmental Policy Act, determines are significan onmental actions Manuf./Mobile home park' Laundries; self -serve, dry cleaning, tailor, dyeing Libraries, museums, or art galleries (public) 75 H U H I—I I --I C cip V1 H H z U H H 76 0 a a o I - a a a a a a a a U U U x u a a a a a a a v_ d a a a U U a = a a a a a a a a a a a U U a U CL a a a U U U u a a 0_ a U U cc a •, f'® a a U U Z rn d 4fl i d m d �Ym m d U cc 0 0 M gcc ®®®®®® ®®®®® ®®®®® o cc 0 2 cc 0 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs B) Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood C) Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products e • byproducts, frozen foods, instant foods, and meats (no sl, i)) Fermenting and d' • c u• ii)) No fermenting an ' ling Manufacturing and industrial uses that have moderate to substantia potential for creating off-site noise, smoke, dus _ • ther exter environmental impacts: A) Manufacturing, processing a embling c light metals, plastics, solvents, s ood, coal, glass, e textiles, fabrics, plaster, agricu roducts or animal products (no rendering or slaugh B) Manufacturing, processing and/or assem reviously manufactured metals, such as iron and steel ion; steel production by electric arc melting, argon oxygen , and consumable electrode melting; and similar heavy in I uses C) Manufacturing, processing and/or assembling of previous metals including, but not limited to, stamping, dyeing, shearin punching of metal, engraving, galvanizing and hand forging H U H JD C C%1 H H z U H H 0 a 0- o D a D a LI 0 a a in a u< a a a N CL a 0 a tn U M a D a a s a UQU a a a a U D a s U 2 a a D D U L.n LO N N a U U U< U a U D a s a u U a v UQU a U D a v = a D a D a a s a U < U a a a a u D a s 0 a D a a s a U < 0 a 0- a a U a s U a D a a s a U < U a a a a U a s u cc a�I a a s a U Q U a u a a U a o o r® D a a el- a U< u a u a a u a u Z r D N a a U Q U a a U a z = Al Na Q U a U 0 ®®®®®®Its a®®®®® a U< U a U a 2 ®I�®�I�® N CL U < U a U a cC cc 0 2 D Q U U cc P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials Marijuana producers, processors, or retailers (with state issued license) Mass transit facilities Medical and dental laboratories 21 Minor expansion of an existing warehouse Mortician and funeral homes v, CD 0 0 2 Movie theaters with three or fewer screens 22 Movie theaters with more than 3 screens Offices including: medical, dental, government (excluding fire a stations),1 professional, administrative, business, e.g. travel, real estate & c tial Office or sample room for wholesale or retail sales, with less tha storage or warehousing Outpatient and emergency medical and d Park & ride lots ��. �� ®� Parking areas Parking areas, for municipal uses and pomotions Parks, trails, picnic areas and playgrounds (pu t not including amusement parks, golf courses, or commercial re n Pawnbroker Planned Shopping Center (mall) Plumbing shops (no tin work or outside storage) Radio, television, microwave, or observation stations and t9N. Railroad freight or classification yards , �® Railroad tracks (including lead, spur, loading or storage) �® Recreation facilities (commercial — indoor) — athletic or health clubs 77 ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT 78 0- UJ r9 OA 0 .0 on C U C 0 0 C c Cu U � CU v E c E Cu o u c a, o + o U vs v C O Cu CIO • C U a'' a) U, e H U H O cip V1 H H z U H H & a a tn< a U a a a< a a a U a a U U < a U n a a a Q a a a U a U a a v U < D a a Q a U a a a co a U U < n a a < a U U a a a U = U U < a U ) a a < a a a 0- a a 0- = 7 U U < a U D a a Q a a a U a a a U U U < a U M a a Q a a a U a a a u trc U < a U Q a a a a U1O cc U Q a U ®1 0- Q a 0- m a a U U z U <a .® r Q a a MI a a cc o < a U a a O ma g U ®®� ®® < L a a a a cc cc ❑ 2 C C U Retail sales, e.g. health/beauty aids/prescription drugs/ food/hardware/notions/crafts/supplies/housewares/electronics/ photo-equip/film processing/ books/magazines/stationery/ clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/ sporting goods, and similar items 9. U P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses Recreational area and facilities for employees Religious facilities with an assembly area less than 750 sq.ft. Religious facilities with an assembly area greater than 750 sq.ft. and community center buildings Religious facility and community center buildings Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures Rental of vehicles not requiring a commercial driver's license Rental of commercial trucks and fleet rentals requiring a commercial driver's license Research and development facilities Residences for security or maintenance personnel Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant Restaurants including cocktail lounges in conjunction with ant Retail sales of furniture appliances, automobile parts and a ries, liquor, lumber/bldg. materials, lawn & garden supplies, farm s Retail sales as part of a planned mixed -us opment where at le of gross leasable floor area development is use; no auto-orien retail sales (e.g., drive-ins, service stations) Rock crushing, asphalt or concrete batching or tone cutting, brick manufacture, marble works, and the assemb ducts from the above materials Sales and rental of heavy machinery and equipment subject landscaping requirements of TMC Chapter 18.52* Salvage and wrecking operations ®1 ®® P Salvage and wrecking operations which are entirely enclosed within a, g® Schools and studios for education or self-improvement 79 H U H C C/) C/1 co 1-4H H z H 80 s a U >' a - Q. 0 a OA I- U a s a 0. U a a a a N m 0- 0. U a a a v U a a U a a a a aD a a a = u D a a a c-1 m 0- a a D a 0- a U a a a c-1 c-1 m a a a D a a a = a 0- 0- a s a a D a a a CL a a s a s 0- a a u CI_ a 0_ a a a s a a a u cc U a a �f E a a a a a a u u U a r® a a a a a a u z U D M a a a D D a U UD DiiI! >> a cc o o U D a 0cc mm r D cc 9 U D a 0 D M D D a P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools 29 Secure community transition facility Self -storage facilities Sewage lift station QJ,_ QJ Stable (private) Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to TMC Chapter 18.52 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required Storm water - neighborhood detention + treatment facilities Storm water pump station Studios — Art, photography, music, voice and dance Taverns, nightclubs Telephone exchanges Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code Tow -truck operations, subject to all additional State and local r- a 'ons Transfer stations (refuse and garbage) when operated by a public =! Truck terminals Utilities, regional Vehicle storage (no customers onsite, de elude park -an: -rations Warehouse storage and/or wholesale ' Q tion facilities Water pump station Water utility reservoir and related facilities Wireless Telecommunications Facilities (*see T 18.58) a E v o, v a L i y E E I9 3 s 0 c c, v v W c o a a E o a c 0 m cu -es ;u c y a ° E- S = OJ EL a — c c 3 3 L '� W W 11 o V h y CU E c o .17)°° ; O -Q ci of ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT C Q m O a) o aa)) cn `" 0 y - t. O vs m ;A E as 0 O O C ''' by a) a U 0 0 O 'O `~' . w U O b y A U 2s - rd .5 z OU UU O O y., C O .4 N...YCNU •-a, 5 <2 cO > s.. E C 0C o C U p `+� 0 — b p .5 N 0 41 0 •O p q 0 0 -ay x a, cz O'O 0 ao UU0U , ... mQO N O a .0 g, 0O Q. • °�w -6 .n 0 .b rp 0 0 a ,is,_ 1 rzt Z '0i.. : C U .0 0 ' ryC7 O U" al i-, a+ U C - a) CN 0 i 0 0 tiV] U C U Q¢O> y 4 U 0 y other residentially -zoned property; r any facility owned or operated by such schools; and r, U C . C Q C4 U p. U CL 2 U -. `� '4 '4 "C+ N o o Abp �•,2.0 333 3 P.. �•Ri F• ..... '^ �--� ...i g 0 by o 'O "0 .3 O M H Z w -6 U 2. No dismantling of cars or travel trailers or sale of used parts allowed. w •b o o o ° C) CO CC O U g Ca X) C -o70 z 0 C) 5 az 0 N r 6, C O U U a) O CCa O • U t o '- a' C. C U N o7,5 O •E N U •� h C w to O • oCIJ C N 61. C g Ucct 'O y C 0 et bq� N NU EL5 -to C C CL 0 C U o h .0 Ca C), . C CCCa O •� U C) N C) U U R C) ,A U U vi C C O U i`� O o O z O 2, 00oC U C. N C. 35E . 00 N 00 a) s-+. asw ..-, 0 <•,-.,•.--' N y -0 cny U rn NN O Ca 0O 70 yU-oY C N Y O ccl O o O z• > Q� OC0.O0 .:0 �-C •t hN •5 y - p CaC. ms. " U U U y P. O yP., P. O U 0 ct 0 .0 0 .0 2 y .0E z bA g m U g- U v O O z 0 z C CL to o bn0 C ¢'0 C y C 0 m m b, y 0 bA y ,A c o'a'C o� y o 0 0 Ea" a0i .yC U U .z O .0 U a) O a) y Q ca C' 'G ca c0a y q:, ,.y ,-y y Ft z., .2 o o _0 o 0 is C Q. 0Ca0 CC&'E ;T v; 8 vi o y •C o -6 ci 'd ai c.,;a) U 0 U a'r1 0 o Y d' 5 'd, PI ti E O U O b C) C) 0 SC '6 0 C C) 0 w O C), a) C a CD C CC a) 5. Bed an 6. Colleges and universities with primarily ed such that the pedestrian and commercial 11 C) Y CC 0 0, I Loading Regulations. 8. Commercial parking subject to TMC Chapter 18.56, Off-Str O 00 o" • Ca U C b a) C U O C N O Ca j cA • b Q et U cz C C C CA CA CD g O �y 0 w • •b CA U E O C) C) 0 v) • O 0 - Ca C) S". ti va N O C , •o C) Ca U C Ca d U 0F, o C y O O S O Oav O -0 Ca• !DB' 0 • O bA 0 • •c) O 0 61-1 OC aT 81 ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT 82 0 ccS ccs ti i 0 •3 b Ri C.) O CA w •O •C.) CS U O •U O O • cn W O W vi U rA 0 N • O 0 75 17 • cd • ' O 6 O p O o bA 'C .E .Q o C a 5 U U U cet O O 11. Correctional institution operated by the City of Tukwila. cy and shall provide a safe passenger loading zone. 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its succ U ise permitted or approved conditional uses s 13. Dormitory as an accessory use to other uses that are othe of SeaTac to the east of Interstate 5. Allowed on all other lands in s of TMC Section 18.50.083, Maximum Building Length, and ent that is non -industrial in nature); must be located ther performance standards of Chapter 18.22. These businesses may tics, rubber, tile and wood; et U U 8 -C > . - U y O • V O °.c ▪ bb ,o y o . •�, °U Aa) - H 1•1y a) =, E • N Uo w 0 • U ° p at .'° YC tab m s. Gni v� °' :a' 0 o O • Q .b ,.0 O > H m a Y by O 0 Y C' h 0 0 E " ° y ¢' U a� cUi C� _ • di) • • O. Y C. • .r. • >G ^' y 'O a) tDO a) w C� o go 5 5 • 3" ga Q 3 ow ° o o o0 X, o„,i O •° U O _ O o • yCC WYR“4-1 cr �oO, (Cr)) • w o • O C C 0 O ° U 0 O» O C, U O U O y C) U U cn it ) C O .d y W N En 5 osed within a building, offering their services to the local populace on a walk-in basis and meeting the o v an —, 'DI :b ° y eu U +• 8 O 0 . y N 5C 5 scl,. y Y v, 'b p c�C N • Cil • Q U• y C.” 4 • S Yp rN U > CUC ,'� cd U 0 SCS". 5 o 0 .'-' w o o ° U • a) o Y >O> U ' o Co *0 •y •• Y �v -en 00 O s. 'O m Q"' -O U to p to C U U 0 U ' 6- t 6. ct cd ,9 U 'C cC U 'O N 4-i p O ° 0 U U 3 v' 3 o a°i Z ¢ H QU QK g • 20. Where the underlying zoning is HI or TVS. ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT ° COCOCO con 0 o r. a) t, -,a cn C U ti cd 0 • O a) qq• eu -0 y O b0 O[� cu . CU O cn a' 00 Q " g• �'C 3 o cg OU . r E °cn 'v o d ad 0 0 u oo y° .,� 40 �„� bA .+ N .fl E U oab U O '� 0 -d a = N a) -8� U 4. UO 2 4))O 'O ..0 0 >, U.W °'�•O A ;� • ••-, COy° O U 'cj cd U� 0 u E. O U ° U U fi ccs .� 4 O1 0 U 0 N U a.0 0 a.a) > vs 2 �'.5 a) b y b ' o C y oUn al;..1 as U i1, O N 3 _ R3 0 yO > rt 'O .-. Ca) O W U cd - a-+ v)�• _ y alOcct W d — . CO O 3 °W sa, 0 C 0 3 5 bq O O U iC - O U O 40 CA o e> b a) 'P.)0dn 0 to_ aW bW W 0 QU•C p E g0 �yO ,� C Q Y 00 Y O `nUO COO •.• al c ycn 4 U v O 0 .b 0 4 c O U ca w .: 'C , O U O to • y .51 U • L". te, O A ate,, S." rn C O CA P. ooa'n o o a ' :R 0 "' a v oby�" ono J0 o CO o o 0 a�� go0 to CA °E U l aa) y U W .o UO C.)0O 0 y N cC O y0 O CONE_ Na) 'O ,n NO O y NAyU E y 'o U75 ) yo P. GaO,O u., .0 O,y ° P O o ca d a)y a) U o 4• U O N O 0•o 'y cos 00) RU k > O U A 0 OyW • O i., 0 0 "0 'O a)UEo ) • 9 2 r, gi° a) 3 pAa)°o ya ZZ kpP•. 0.0 'a) o•CO . 0..K, Ca, , a • 5 �• 3 O 'N0a)0�0 0 ,., 0 0 U Pg PgdcP. P, E 4i U nwa) 0 a) a) a) 0 a) UO 0 i > _ _ O HHOHHd d �O o O U .Z 6 U U c) O En g a N N CO , .fl 6 -6 a; 4a E C ,C C.) 3 . = sCO -6 U .. a) a) a) 'O a) a) o O O O O 0 143 N N N N PQ N NCN g or industrial use. 27. Planned shopping center (mall) up to 500 28. Schools for professional and voca 0 0. 83 ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT 84 29. Secure community transition facility, subject to the following location restrictions: Ctl U 7-4 cri O O yty 0 w c 'O .y •3 0 o w 0 o o 5. 0b U �+ F C F 0 al U LU", cd N O Z cdi In or within 1,000 feet of any residential zone. pplying the criteria listed under _ ... a) o N ^0 a)o-0 a '� W 0 • o Ca N aa)i O ml a) 0al. O ,Z '-0 ate) 0 Ca cn 0 0 O U y ba � Oy O -o O O o •s y w 00 O O v' Q. � 0 °�.A 3 3 a) U U •acUC CA cn -ala) 1) C,' S.,. '> >.,•t7,,. n' cC U r,U-� O O U N W U g U U y 3 'L) - 0 o o _o N7:9 v3 •pCa 0 P,w w o,c� c • U a' — 7,,diii '-cii ro 0 o N o 0 OU .0 w0 0 •_ b �' 0 ti 4 W C O, s o r.., ^C U U N 0 0 O a H O9 a) bn NE U 0 y 0 5. 7 0 �.cl �..�� o PrP. 0 �� p,o o . = w w 4en o a)o ao w o O G , •�o ,S 0 M O w vn U;0 O N aO a) 0 CcY O 0 o - 'C O O jQ Orn ` T' .. et tC1 � l) 'w ° >, Q" ami 75 a o .0 o O E •� w P a 0 . °, ami U • �' 0. Y ..� o ."0�., a°)i O 1-0 �°;�2 -0�o "�� woo ._ -0 0 ense. 24-hour ermitted when located behind a buildi h facilities are : Drive-throu conditions a the followin •0 N or with access to an alle ocated on a come e sidewalks. Where the use is oav� aaUa '� w� o. w 0i 0 m -7,..52,,,---7,2,--17.t-1--, og O ° U O .-, •'- 0 09 Uo U C4 -° U 0 0O 0 o a) rngyO O cN O 06 N m a; 0 es 'c OUa)ct U ON . 0a)y • a) ,E 4 E -4a r 00 an . B�a)C co 0 0 o C ° 0 .§ ,.0 5 'O U O''SU w ,G -0 O O 0 O a d 0 0 M ¢, a) a) 0 31. 3 minimum 90 rooms area. as set forth i -0 H U 0 • N U r ermitted between buildin U 0 O N dS 0 a 0 C- 3 5- I) 'En - cd 0 0 Ca U 0 0 0 0 a side street o TIB Study Area CITY OF SEATAC Iwo 11 MEM IMOt co 9■0 ,JrN � _ ikitadk aim HDR bpi • MDR INN sm.hI. -MDRii NCC s■,d'I HD uw`nn.dl � MDR 11/1k INN INNEN NM INNEN INN — t a DRi IM= FtRVIM= HDR AlrCC NCC co S_14.Oth St I MEM 457 ME on 1.41MDR k30�, S 1.41st'S.t HDR Ili , um— timi LI173 NC j NNE 44th St MDR S 142nd St I • Al Iv NCC rHDR-LDR � HD —Ara All 5z146th_St '`t•>t NCC ' s u NCC lab HDR MDR S 148th St , !/MDR! LR z MDR d HDR 11111 MDR JRJJJ ,vr Ain AI S-132ndSt ■DRLDR HDR 1 Q ■11��� �m * • Southcenter_BLud (> 3 a w • HDR RC v MDR HDR S -158th -St IIIII I L LD I II HDR • i I 85 86 City of Tukwila City Council Planning & Economic Development Committee Meeting Minutes November16, 2020 - 5:30 p.m. - Electronic Meeting due to COV/D-19 Emergency Councilmembers Present: Thomas McLeod, Chair; Kathy Hougardy, Zak Idan David Cline, Jack Pace, Minnie Dhaliwal, Lynn Miranda, Derek Speck, Brandon Miles, Laurel Humphrey Staff Present: Chair McLeod called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Permitted Development in Tukwila International Boulevard Study Area Staff is seeking Council approval of an ordinance to amend the Zoning Code to update regulations related to certain auto -oriented and lodging uses in the Neighborhood Commercial Center (NCC) and Regional Center (RC) districts located in the TIB study area. The Planning Commission did not reach consensus on four land use categories, and the Committee decided against making a recommendation. Committee Recommendation No recommendation. Forward to November 23, 2020 Committee of the Whole for Public Hearing. B. Resolution: Consolidated Permit Fee Schedule Staff is seeking Council approval of a resolution to adopt Public Works, Land Use and Building Permit fee schedule. Committee Recommendation Unanimous approval. Forward to November 23, 2020 Committee of the Whole. C. Residential Rental Housing Licensing and Inspection Program - Update & Resolution Staff is seeking approval of a resolution to adopt a Residential Rental Business License & Inspection Program fee schedule. Item(s) requiring follow-up: Add provision waiving 2019 outstanding fees for property owners who become up to date on their license and inspection by September 2021. Committee Recommendation Unanimous approval as amended. Forward to November 23, 2020 Committee of the Whole 87 88 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 11/23/20 RB ITEM INFORMATION ITEM No. 4.B. 89 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 11/ 23/ 20 AGENDA ITEM TITLE A weekly update on the City's planning and response to COVID-19 (Coronavirus) CATEGORY 11 Discussion 11 /23/20 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR n Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PTV SPONSOR'S The City is actively engaged in regional efforts to address the coronavirus (COVID-19). SUMMARY Staff are providing the Council with updated information regarding the City's response to COVID-19. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE N/A N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/23/20 Coronavirus Report 89 90 Coronavirus Response Update November 23, 2020 * Denotes All New Content in the Section * Essential Services and City Operations With the recent Governor's order, staff is being extra vigilant to ensure that worksites are being inhabited under the mandated 25% capacity and that City facilities are being utilized only be staff who must report to work in order to complete their jobs. Financial Stability On Monday, October 5 the Mayor presented his proposed budget for the 2021-2022 biennium. Noted in the budget video and letter is the fact that the City is in better financial shape than anticipated in May when various cost-cutting measures were implemented. Due to the early action of the Council and the tremendous sacrifice by our non - represented staff and most of our labor partners, the City is in a good financial condition in 2020. While in May of this year the City initially projected the need to use $4.8 million in contingency in 2020, the proposed Mayor's budget uses only $700,000 from contingency this year and zero ongoing contingency in 2021 and 2022. Even with utilizing this amount of contingency on a one-time basis, the City still approaches 2021 and 2022 with contingency and reserve funds higher than the Council's adopted policies. Police Staffing and Calls for Service There have been no changes to Police staffing since the last report. Fire Staffing and Calls for Service There have been no changes to Fire staffing since the last report. * Human Services This week human services staff assisted three households (six individuals) with a total of $2,102.90. Rental assistance funds from HB 1406 totaled $1,922.90; one family also received $180 in utility assistance from human services contracted general funds. New (shared at 11-17 budget workshop): A King County Eviction Prevention Rental Assistance Program (EPRAP) is housed at Riverton Park United Methodist Church (RPUMC). This team includes six staff members and the on-site Best Starts for Kids case manager is the acting supervisor. This branch of EPRAP focuses on Tukwila and neighboring cities both for small landlords (nine units or less) and individual renters. King County pulls names weekly and a resident/landlord's name stays in the lottery until it is drawn. Since EPRAP began their program at RPUMC, they have paid approximately $800,000 to landlords and tenants who owe at least one month's back rent. Out of the 580 tenants served, 300 of these are Tukwila residents. 91 * Business Recovery Business Re -Openings and Closings As of November 18, King County continues in Phase 2 of Washington's "Safe Start" four phase business reopening plan. The State continues to be "on pause" for counties to move into higher phases. Twenty-two counties are in Phase 2 and 17 are in Phase 3. None are in Phase 4. Currently, COVID cases are surging and on November 15th the Governor announced new restrictions on some types of businesses through December 14. Currently, most of Tukwila's business activities are allowed to be open (some under significant capacity limitations and safety procedures). Key Tukwila business activities still not allowed in this Phase include indoor card rooms, indoor events, indoor bowling (except some league play), spectators at events, and vending game areas (pool tables, video games, arcades, etc.). For Tukwila, the new restrictions that have the greatest impact are: • Restaurants and bars are closed for indoor service. Outdoor dining and to -go service is still permitted. • Personal services are limited to 25% of maximum occupancy (they were at 50%). • Fitness facilities and gyms are closed for indoor operations. • Bowling centers and movie theaters are closed for indoor service. • Museums are closed for indoor service. • In-store retail is limited to 25% indoor capacity. This is a decrease from 30% today. It will affect the mall and some retailers but not all retail since some retail never operates at maximum capacity. The largest impact on Tukwila businesses will be on the restaurants. The limit on indoor dining also closes the food court at the mall. Business Assistance Work continues on SavingLocalKC.com, ExperienceTukwila, Southside Promise, collaborating with the Chamber and other regional organizations, and the small business grant program. Unemployment The unemployment data report will be included monthly. Data through October is included as a separate attachment. Business Clean and Safe Protocols Tukwila businesses are investing significant effort to reassure their customers that they have clean and safe protocols and that customers can shop and dine safely. Businesses are taking steps such as: requiring customers and employees to wear masks, frequently sanitizing customer service areas, enforcing social distancing, increasing ventilation, posting signage promoting the safety protocols, following the State's reopening guidelines, and implementing best practices recommended by the U.S. Centers for Disease Control (CDC) and the Washington State Department of Health (WSDOH). The Seattle Southside Chamber of Commerce is leading the Southside Promise, which is an outreach initiative that provides businesses with tools and resources to reopen successfully and draw tourists and members of our community to those newly re -opened businesses, all while remaining committed to public health. Participating businesses receive reopening checklists, safe procedures, forms, signage, technical assistance, and marketing. The Southside Promise launched in early August and is funded with $50,000 from Tukwila's lodging taxes. The Seattle Southside Regional Tourism Authority and Visit Seattle are asking tourism and hospitality businesses to take the All Clear King County Pledge. As businesses take the pledge, visitors and residents can feel reassured that companies and service providers are taking the necessary precautions to keep everyone safe as they travel in their nearby communities. Businesses who take the pledge can participate in a countywide "Do Something" marketing campaign intended to encourage King County residents and visitors to safely support local businesses. The Do 92 Something campaign launched in early October and is funded with $8 million from King County's federal CARES Act funds. * Meeting our Community's Basic Needs Tukwila Food Pantry • 11/17/20 • 11/14/20 • 11/12/20 509 individuals served 527 individuals served 624 individuals served Senior Meal Distribution: Meals numbers reflect distribution for the week of 11/16 • 650 meals delivered • 55 total households served • 65 total residents served During the week of November 9-13, the Fitness Room at the Tukwila Community Center served 97 people, and 74 people attended in-person fitness classes. Note, the facility was closed on November 11 for Veteran's Day. Indoor fitness offerings by appointment were placed on hold beginning November 18, 2020 per Governor Inslee's orders to help slow the spread of Covid. The Youth Care Program at the Tukwila Community Center started the week of October 12, 2020. Attendance has ranged from 9 —13 kids per week. SkyHawks Sports is operating the program. Youth meal and recreation activity kit distribution for the week of November 9 —12 (there wasn't distributed on 11/11 due to Veteran's Day). The following was distributed: • Recreation Activity Kits: 350 • Meals: 172 • Snacks:403 • Masks: 104 • Breakfast: 403 • Overall Attendance: 199 Public Safety Plan Construction Projects There have been no changes to the Public Safety Plan projects since the last report. Compliance with the Governor's Order There have been no changes to compliance issues since the last report. * Covid-19 Testing Sites Below are the three current nearest testing sites in/to Tukwila. For more information on free testing sites in King County, visit https://www.kingcounty.gov/depts/health/covid-19/testing.aspx • Tukwila Pantry, testing is no longer being offered at the Tukwila Pantry • Highline College, Wednesdays 7 a.m. to 2 p.m. • Church by the Side of the Road, beginning Tuesday, October 6, 2020, 8:30 to 5:30 Monday through Saturday. • Abu Bakr Islamic Center expects to offer free testing once a month. 93 Overview The following are the number of individuals tested over the past week at the Church by the Side of the Road. This is a regional testing facility drawing individuals from across south King County. Positive rates from range from 15 — 17% as of this writing. All testing locations in the region are seeing a significant surge in the number of people requesting tests. King County has contracted with off-duty officers to provide traffic management along Tukwila International Boulevard and Military Road to mitigate traffic impacts in the neighborhood. • 11/11— 459 individuals tested • 11/12 — 409 individuals tested • 11/13 — 467 individuals tested • 11/14 — 422 individuals tested • 11/15 — closed • 11/16 — 749 individuals tested • 11/17 — 711 individuals tested * Public Health —Seattle & King County Covid-19 Outbreak Summary—Tukwila L.43 King County Public Health - Seattle & King County COVID-19 Outbreak Summary Update date 11/18/2020 1:52 PM Click on the icons to explore this dashboard: Demographics Geography Geography over time c Select city to compare: Count New since yesterday 7hkwila Summary of counts for Tukwila Overall Percent Rate per 100,000 Compared to King residents County rate Past 14 days Count Percent Positives 762 1 6.2% of all tests Hospitalizations 40 1 52% of all positive cases Deaths due to 3 0 0.4% of all positive cases COVID-19 illness All test results 12,338 66 People tested 5,802 15 Legend: . Lower than overall King County rate 3,640.7 . 127.0 8.6% 191.1 . 7 5.5% 14.3 0 0.0% 58,948.9 . 1,469 27,721.0 • 586 • Similar to overall King County rate . Higher than overall King County rate 94 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Derek Speck, Economic Development Administrator DATE: November 18, 2020 SUBJECT: Unemployment Report for October 2020 The attached table shows unemployment claims for zip codes 98168 and 98188 through the week starting October 25, 2020. As you can see from the chart, total initial claims and total unduplicated continuing claims have declined significantly from their peaks earlier in the year. Initial and unduplicated continuing claims for Pandemic Emergency Unemployment Compensation (PEUC) has increased over the past two months, which reflects people who are still unemployed but ran out of the regular benefits and are now on PEUC. Even including workers who are on PEUC, total unemployment claims continued to decrease through October though at a slower rate than over the summer. The chart shows positive trends which indicate we do not see significant new job losses and it is very likely that people are returning to work. However, the number of people who are unemployed remains very high. The current unemployment rate for the residents of the City of Tukwila is not available but can be very roughly estimated for these two zip codes at 14.2% by the end of October. This is significantly higher than the unemployment rates for October for the United States, Washington State, and Seattle Metro Area of 6.9%, 6.0%, and 4.8%, respectively. It is important to note that, due to rising rates of infection starting in late October, on November 15th the Governor announced new business closures through December 14th. Due to the closures and customer reaction to the increasing infections, we should expect the unemployment rate to increase in November and December. Notes: (1) Unemployment data is not available for the specific boundaries of the City of Tukwila. The attached chart includes data for two zip codes, which include parts of Tukwila, SeaTac, and possibly parts of unincorporated King County. (2) Initial Claims reflect the week when an unemployed person first files a claim. The person may have become unemployed prior to the week in which they first filed. (3) Unduplicated Continued Claims reflect the total number of claims paid during a specific week. This number may be seen as an approximation of the number of people who are unemployed during that week. (4) Regular Unemployment is the standard program for unemployed workers. Eligible unemployed workers may receive regular unemployment for up to 26 weeks. September ended approximately 26 weeks after the start of job losses caused by the pandemic and some of the reductions in Regular Unduplicated Continued Claims may be due to lapse of eligibility. 95 INFORMATIONAL MEMO Page 2 (5) Pandemic Emergency Unemployment Compensation (PEUC) is an extension of regular unemployment benefits that is available 3/29/20 through 12/26/20. Under PEUC unemployed workers can receive benefits for an additional 13 weeks. After PEUC ends, participants may receive up to 20 weeks of Extended Benefits. (6) Pandemic Unemployment Assistance (PUA) is not included in this report because it covers self-employed people, independent contractors, and part-time workers (with fewer than 680 hours). It is available from 2/2/20 through 12/26/20. (7) Unemployment data provided by Washington State Employment Security Department. 96 Week # Start Date Unemployment Claims Zip Codes 91868 and 98188 Initial Claims Unduplicated Continued Claims Regular PEUC Total Regular PEUC Total 10 8 -Mar 299 * 299 * * * 11 15 -Mar 1,573 * 1,573 12 22 -Mar 2,227 * 2,227 * * * 13 29 -Mar 2,313 * 2,313 * * * 14 5 -Apr 1,902 * 1,902 * * * 15 12 -Apr 1,181 89 1,270 6,279 - 6,279 16 19 -Apr 1,886 2,609 4,495 6,228 59 6,287 17 26 -Apr 1,449 612 2,061 6,859 99 6,958 18 3 -May 1,226 508 1,734 7,155 123 7,278 19 10 -May 1,227 519 1,746 7,377 136 7,513 20 17 -May 514 246 760 6,888 123 7,011 21 24 -May 427 153 580 7,088 124 7,212 22 31 -May 388 115 503 6,367 145 6,512 23 7 -Jun 390 112 502 6,069 154 6,223 24 14 -Jun 385 87 472 5,895 174 6,069 25 21 -Jun 388 94 482 5,968 204 6,172 26 28 -Jun 390 90 480 5,790 214 6,004 27 5 -Jul 385 88 473 5,689 191 5,880 28 12 -Jul 349 68 417 5,591 199 5,790 29 19 -Jul 333 87 420 5,345 198 5,543 30 26 -Jul 296 62 358 5,292 197 5,489 31 2 -Aug 273 75 348 4,904 235 5,139 32 9 -Aug 256 93 349 4,776 280 5,056 33 16 -Aug 202 73 275 4,618 315 4,933 34 23 -Aug 242 80 322 4,574 341 4,915 35 30 -Aug 281 108 389 4,474 388 4,862 36 6 -Sep 210 171 381 4,400 452 4,852 37 13 -Sep 224 164 388 4,182 557 4,739 38 20 -Sep 221 174 395 3,918 797 4,715 39 27 -Sep 212 163 375 3,419 1,136 4,555 40 4 -Oct 308 127 435 3,046 1,427 4,473 41 11 -Oct 249 129 378 2,785 1,604 4,389 42 18 -Oct 204 107 311 2,545 1,719 4,264 43 25 -Oct 155 81 236 2,439 1,751 4,190 Note: See memo for explanations of the data. Office of Economic Development Updated 10/12/20 97 98 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/23/20 Vicky ITEM INFORMATION ITEM No. 4.C. 99 STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE November Financial Update including COVID related data CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR Council ❑Mayor ❑HR ❑DCD 11 Finance Fire ❑TS ❑P&R Police ❑PIF ❑Court SPONSOR'S General fund financial update including report out on COVID specific financial impacts as SUMMARY required in Resolution No. 1987 REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum dated 11/23/20 99 100 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Vicky Carlsen, Finance Director BY: Jeff Friend, Fiscal Manager CC: Mayor Ekberg DATE: November 23, 2020 SUBJECT: General Fund Budget -to -Actuals and COVID-19 Impact Report and Update to Budget Impacts due to COVID-19 Summary Resolution 1987 directed financial reporting on COVID-19 impacts twice a month. This report reflects the following: - General fund: o Revenues and Fund Balance as of August 31, 2020 o Expenditures as of September 30, 2020 - Capital projects funds: o Revenues as of October 31, 2020 o Expenditures as of October 31, 2020 The purpose of the general fund budgets to actuals report is to summarize for the City Council the general state of revenues and expenditures and to highlight significant items. The following provides a high-level summary of the general fund financial performance and includes select capital project funds. As year-end 2020 approaches, the focus of this report is shifting from a year-to-date budget -to -actual emphasis to a focus on year-end projections and estimate for ending fund balance. Projected actuals for year-end are included in this report in place of the "Revised Budget (COVID-19)" from past reports. The projected actuals include the most recent projections that were also included in the 2021-2022 proposed biennial budget. The amended budget noted throughout the report includes the original adopted budget and mid -biennium budget amendments approved in 2019. In the report on the next page, General Fund revenues and expenditures are reflected through August 31st. To provide the most up-to-date information, we have provided expenditure details through September 30th on a separate chart on page 5 of this report. The General Fund Report is based on financial data available as of October 27, 2020. 101 INFORMATIONAL MEMO Page 2 Revenues, Expenditures, and Fund Balance CITY OF TUKWILA GENERAL FUND As of August 31, 2020 102 2019 2020 Variance Year -to -Date Actuals Amended Annual Budget Projected Year -End Actuals Year -to -Date Actuals Projected vs. YTD Actual** Percent of Projected Year -End Revenue General Revenue Property Taxes $ 8,393,715 $16,416,911 $16,306,453 $ 8,759,404 $7,547,049 53.7% Retail Sales Tax 12,599,490 19,910,676 16,210,000 10,171,629 6,038,371 62.7% Use Tax 475,214 690,000 745,000 544,254 200,746 73.1% Admissions Tax 658,461 870,000 550,000 331,462 218,538 60.3% Utility Taxes 2,476,001 4,374,610 3,444,000 2,787,565 656,435 80.9% Interfund Utility Tax 1,806,247 2,412,000 2,083,000 1,364,085 718,915 65.5% Gambling/Excise Taxes 3,005,411 4,426,000 2,337,021 1,960,199 376,822 83.9% Total General Revenue 29,414,539 49,100,197 41,675,474 25,918,598 15,756,876 62.2% Licenses and Permits Business Licenses & Permits 3,057,800 4,612,400 3,515,000 3,390,576 124,424 96.5% Rental Housing License 36,245 45,000 45,000 41,685 3,315 92.6% Building Permits and Fees 1,324,164 2,127,494 2,318,550 1,087,091 1,231,459 46.9% Total Licenses and Permits 4,418,209 6,784,894 5,878,550 4,519,352 1,359,198 76.9% Intergovernmental Revenue Sales Tax Mitigation 433,822 - - - - - Seattle City Light Agreement 1,600,730 2,470,000 2,300,000 1,571,868 728,132 68.3% State Entitlements 319,337 446,250 471,088 389,782 81,306 82.7% Grants 349,642 1,006,117 1,286,441 215,018 1,071,423 16.7% Totallntergovt Revenue 2,703,531 3,922,367 4,057,529 2,176,667 1,880,862 53.6% Charges for Services General Government 37,482 58,532 24,694 19,002 5,692 77.0% Security 1,039,103 1,622,000 989,405 864,083 125,322 87.3% Transportation 42,363 79,000 64,000 2,774 61,227 4.3% Plan Check and Review Fees 1,033,553 1,168,675 939,019 508,809 430,210 54.2% Culture and Rec Fees 355,981 601,000 84,221 59,535 24,686 70.7% Total Charges for Services 2,508,482 3,529,207 2,101,339 1,454,203 647,136 69.2% Fines and Penalties 108,823 291,718 114,129 74,122 40,007 64.9% Miscellaneous Revenue 901,695 1,214,156 855,493 670,867 184,626 78.4% Indirect cost allocation 1,697,096 2,637,288 2,637,288 1,758,193 879,095 66.7% Ongoing Revenue 41,752,376 67,479,827 57,319,802 36,572,002 20,747,800 63.8% Transfer from Contingency - - 700,000 - 700,000 0.00% Transfer from Urban Renewal - 200,000 400,000 - 400,000 0.00% Total Revenue 41,752,376 67,679,827 58,419,802 36,572,002 21,847,800 62.6% 102 INFORMATIONAL MEMO Page 3 Expenditures City Council 243,464 439,772 342,625 229,838 112,787 67.1% Mayor's Office 1,545,425 2,652,852 2,264,430 1,495,344 769,086 66.0% Administrative Services 1,261,675 2,180,956 2,004,121 1,279,096 725,025 63.8% Finance 1,704,043 2,753,260 2,455,838 1,711,563 744,275 69.7% Legal 376,890 710,730 640,650 349,016 291,634 54.5% Recreation 2,224,214 3,354,374 2,491,792 1,691,877 799,915 67.9% Parks Maintenance 1,121,637 1,656,398 1,551,770 1,022,702 529,068 65.9% Community Development 2,388,966 3,611,354 3,059,742 2,057,895 1,001,847 67.3% Court 848,921 1,330,951 1,271,031 838,344 432,687 66.0% Police 12,213,480 19,194,006 17,374,568 11,646,550 5,728,018 67.0% Fire 8,500,448 13,118,888 12,572,538 8,192,493 4,380,045 65.2% Information Technology 1,314,216 2,099,687 1,895,154 1,087,972 807,182 57.4% Public Works 2,492,543 4,043,635 3,538,340 2,376,205 1,162,135 67.2% PW Street Maintenance 2,856,464 3,255,276 2,765,482 2,178,043 587,439 78.8% Total Department Expenditures 39,092,386 60,402,139 54,228,081 36,156,937 18,071,144 66.7% Transfers - Debt Service 1,830,993 3,637,190 3,570,421 1,918,215 1,652,206 53.7% Transfers - Capital, Other 1,619,600 3,471,950 1,121,950 478,137 643,813 42.6% Transfers - Contingency - 210,000 -- - 0.0% Total Transfers 3,450,593 7,319,140 4,692,371 2,396,352 2,296,020 51.1% Total Expenditures 42,542,979 67,721,279 58,920,452 38,553,289 20,367,164 65.4% Change in Fund Balance (41,452) (500,651) Beginning Fund Balance 13,828,530 12,132,001 Ending Fund Balance $13,787,078 $11,631,350 Percent of year completed: 66.7% ** This column reflects amounts needed to be collected/expended to meet year-end projections The City's financial reserve policy states that unreserved general fund ending fund balance shall equal or exceed 18% of the previous year general fund revenue. Projected ending fund balance exceeds the balance of $11,598,531 required by the City's reserve policy by $32,819. For the 2021-2022 biennial budget, staff is recommending a conservative approach of maintaining an unreserved fund balance 18% required by the reserve policy based on the 2019 requirement. This conservative approach will reduce the amounts to be contributed to the fund balance in future years as the required balance will increase along with higher revenues. Total General Fund revenue through August 31st was $36.6 million. In order to meet year-end revenue projections, the City will need to receive $21.9 million more in revenue over the final four months of the year. 103 INFORMATIONAL MEMO Page 4 Sales Tax Sales tax revenue through August is $10.2 million. To meet the year-end projection of $16.2 million the City is expected to collect an additional $6.0 million by year-end. It should be noted that some August sales tax revenue was included in the previous report. Sales tax revenue is now reflected in full through August 31st Sales tax revenues continues to be impacted by COVID-19, but has been recovering faster than originally expected. The chart below graphically compares sales tax revenue in 2020 to last year. 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 Sales Tax Revenue 2019 vs. 2020 YTD Jan Feb Mar Apr May Jun Jul Aug -2019 2020 The table below compares 2019 to 2020 monthly sales tax revenues. While sales tax revenues are exceeding the pandemic budget forecasts, actual sales tax revenues continue to trail prior year with double digit declines. Sales Tax Revenues 2019 Jan 1,376,700 Feb 1,321,327 Mar 1,700,887 Apr 1,543,385 May 1,541,774 Jun 1,870,205 Ju I 1,686,655 Aug 1,659,599 2020 $ Change 1,478,671 101,972 1,147,961 (173,367) 1,325,708 (375,179) 991,702 (551,684) 1,156,386 (385,388) 1,230,374 (639,831) 1,524,692 (161,963) 1,408,596 (251,003) % Change 7.4% - 13.1% - 22.1% - 35.7% - 25.0% - 34.2% -9.6% - 15.1% 104 INFORMATIONAL MEMO Page 5 Expenditures To provide the most up-to-date information possible, general fund expenditures have been updated through September 30th in the following chart. Expenditures totaled $43.5 million through September 30th. Departments project to expend approximately $15.5 million additional before the end of the year. CITY OF TUKWILA GENERAL FUND As of September 30, 2020 Percent of year completed: ** This column reflects amounts needed to be collected/expended to meet year-end projections Overtime 75.0% Police and Fire accounted for $838 thousand of the $870 thousand of overtime expenditures through September. The public safety departments began the year with overtime at pre -pandemic levels and reduced their overtime when budget constraints were introduced in March 2020. Increased overtime in May, June and July were the results of maintaining minimum staffing levels in the fire department as well as some overtime incurred related to the lootings and protests occurring in the City. It should also be noted that some contractual overtime incurred by the Police department is reimbursable and the City is currently working those calculations. 105 2019 2020 Variance Year -to -Date Actuals Amended Annual Budget Projected Year -End Actuals Year -to -Date Actuals Projected vs. YTD Actual** Projected vs. YTD Actual Expenditures City Council 272,796 439,772 342,625 258,067 84,558 75.3% Mayor's Office 1,747,753 2,652,852 2,264,430 1,679,370 585,060 74.2% Administrative Services 1,397,134 2,180,956 2,004,121 1,423,106 581,015 71.0% Finance 1,864,726 2,753,260 2,455,838 1,887,133 568,705 76.8% Legal 428,092 710,730 640,650 400,113 240,537 62.5% Recreation 2,470,133 3,354,374 2,491,792 1,868,302 623,490 75.0% Parks Maintenance 1,273,574 1,656,398 1,551,770 1,137,027 414,743 73.3% Community Development 2,672,359 3,611,354 3,059,742 2,296,490 763,252 75.1% Court 957,885 1,330,951 1,271,031 937,779 333,252 73.8% Police 13,867,589 19,194,006 17,374,568 12,911,271 4,463,297 74.3% Fire 9,516,121 13,118,888 12,572,538 9,196,619 3,375,919 73.1% Information Technology 1,444,167 2,099,687 1,895,154 1,206,699 688,455 63.7% Public Works 2,791,322 4,043,635 3,538,340 2,663,021 875,319 75.3% PW Street Maintenance 3,170,885 3,255,276 2,765,482 2,332,679 432,803 84.3% Total Department Expenditures 43,874,537 60,402,139 54,228,081 40,197,674 14,030,407 74.1% Transfers - Debt Service 2,746,490 3,637,190 3,570,421 2,704,357 866,064 75.7% Transfers - Capital, Other 1,694,600 3,471,950 1,121,950 553,137 568,813 49.3% Transfers - Contingency - 210,000 -- - 0.00% Total Transfers 4,441,090 7,319,140 4,692,371 3,257,494 1,434,878 69.4% Total Expenditures 48,315,627 67,721,279 58,920,452 43,455,168 15,465,285 73.8% Percent of year completed: ** This column reflects amounts needed to be collected/expended to meet year-end projections Overtime 75.0% Police and Fire accounted for $838 thousand of the $870 thousand of overtime expenditures through September. The public safety departments began the year with overtime at pre -pandemic levels and reduced their overtime when budget constraints were introduced in March 2020. Increased overtime in May, June and July were the results of maintaining minimum staffing levels in the fire department as well as some overtime incurred related to the lootings and protests occurring in the City. It should also be noted that some contractual overtime incurred by the Police department is reimbursable and the City is currently working those calculations. 105 INFORMATIONAL MEMO Page 6 Lootings Twenty-six businesses were broken into at the end of May and beginning of June. The mass lootings required a strong police presence that resulted in overtime costs. Fire staff were also on standby while Public Works incurred some costs related to closing streets. MAY I JUNE BUDGETED I UNBUDGETED I BUDGETED I UNBUDGETED Transfers The transfers line includes budgeted transfers for debt service and certain capital projects. Transfers through September account for only 44.5% of the amended budget. It should be noted, because of existing funds in the PW Shops fund, no transfers from the general fund for this project have been required to date. The proposed 2021-2022 biennial budget includes a plan to finance the general fund portion of this project rather than utilizing a pays -as -you go approach. COVID Expenditures General Fund expenditures related to the COVID-19 pandemic began to be incurred in March. These expenditures totaled $661,285 through September 30th and are reported by department in the schedule below. COVID related expenditures in salaries and benefits include time dedicated to the emergency operations center (EOC) as well as time spent analyzing the financial impacts of the pandemic. Overtime and supplies are for time outside of normal operations spent in the EOC as well as time responding directly to COVID-19 related activities. Supplies are for additional PPE and disinfectant supplies. Unbudgeted costs can be applied against CARES Act funding or FEMA funding and will not affect ending fund balance. Budgeted salaries and benefits for time that has been redirected to responding to the pandemic could qualify for reimbursement from CARES Act funding. Any reimbursement for budgeted salaries and benefits would reduce the need for contingency funds because the City had not received confirmation that CARES Act funding would be available. Reimbursement of these costs were not included in the proposal to close the $10.2 million revenue gap. 106 Salaries and Salaries and Department Benefits Overtime Benefits Overtime Total Police $ - $ 24,994 $ - $ 36,573 $ 61,567 Fire - 435 - 1,003 1,438 Street Maintenance -- 2,064 .)- 2,064 Total $ - $ 25,429 $ 2,064 $ 37,576 $ 65,069 Transfers The transfers line includes budgeted transfers for debt service and certain capital projects. Transfers through September account for only 44.5% of the amended budget. It should be noted, because of existing funds in the PW Shops fund, no transfers from the general fund for this project have been required to date. The proposed 2021-2022 biennial budget includes a plan to finance the general fund portion of this project rather than utilizing a pays -as -you go approach. COVID Expenditures General Fund expenditures related to the COVID-19 pandemic began to be incurred in March. These expenditures totaled $661,285 through September 30th and are reported by department in the schedule below. COVID related expenditures in salaries and benefits include time dedicated to the emergency operations center (EOC) as well as time spent analyzing the financial impacts of the pandemic. Overtime and supplies are for time outside of normal operations spent in the EOC as well as time responding directly to COVID-19 related activities. Supplies are for additional PPE and disinfectant supplies. Unbudgeted costs can be applied against CARES Act funding or FEMA funding and will not affect ending fund balance. Budgeted salaries and benefits for time that has been redirected to responding to the pandemic could qualify for reimbursement from CARES Act funding. Any reimbursement for budgeted salaries and benefits would reduce the need for contingency funds because the City had not received confirmation that CARES Act funding would be available. Reimbursement of these costs were not included in the proposal to close the $10.2 million revenue gap. 106 INFORMATIONAL MEMO Page 7 BUDGETED UNBUDGETED Department Salaries and Benefits Overtime Supplies and Benefits Department Total General Fund Council $ 1,784 $ - $ 393 $ 2,177 Mayor 79,081 - 314 79,395 Admin Services 40,302 - 488 40,790 Finance 39,434 386 825 40,644 Recreation 321,161 - 18,460 339,621 DCD 3,712 - 1,483 5,195 Court 114 137 4,566 4,816 Police 25,239 4,379 11,949 41,568 Fire 32,606 8,318 13,458 54,382 TIS 390 - 45 435 Public Works 6,673 318 13,895 20,886 Park Maintenance 31,376 - - 31,376 Street Maintenance - - - - Total General Fund $ 581,870 $ 13,538 $ 65,877 $ 661,285 In addition to COVID spending in the general fund, the Public Safety Plan has incurred approximately $650 thousand to date in costs directly related to the pandemic. Because these costs are associated with COVID-19, the City is able to request reimbursement from CARES Act funding to cover these costs. It should be noted that the change orders specific to COVID-19 were funded with contingency that is built into the project budgets. The change orders are not increasing the total budget allocated to each project. 107 INFORMATIONAL MEMO Page 8 COVID-19 Related Grants Available to the City There are several grant opportunities now available to the City to offset some of the costs incurred related to the pandemic. Below is a chart listing grant opportunities as well as what the funds may be used for. It should be noted that all the grants are reimbursement and cannot be used to offset loss of revenue. The State released information on the 2nd round of CARES Act funding. The City has been notified that we will receive an additional $313,950 for total CARES Act funding of $941,850. Grant Amount Eligible Uses Status CARES Act through Dept. of Commerce $941,850 - Expenditures incurred directly related to responding to COVID-19 (supplies, overtime, regular time that has substantially shifted focus to the pandemic, unemployment, etc.) - Providing economic support to those suffering from unemployment - Providing economic support to business interruptions Contract has been signed and returned to Department of Commerce for full execution FEMA No cap, reimburses 75% of expenditures not covered with other resources Unbudgeted expenditures incurred directly related to responding to COVID-19 Contract completed. Can submit for reimbursement at any time FEMA - CARES To be determined Assistance to food pantry In process King County $31,965 Assistance to small businesses On June 19th, the City was notified that we are eligible to receive $31,965. On August 3, 2020, the Planning & Economic Development Committee authorized staff to accept the grant and use the funds for direct grants to very small businesses with a focus on the Tukwila International Blvd. area CESF — Dept. of Justice Assistance $49,000 Expenditures incurred directly related to responding to COVID- 19 Grant has been awarded. Contract is being processed EFSP Emergency City of Tukwila does not qualify for this grant Supplement existing emergency food & shelter program Forwarded to TCS and Tukwila Pantry 108 INFORMATIONAL MEMO Page 9 Food & Shelter Prog HungerCorps Four VISTA HungerCorps will assist Contract awarded VISTA AmeriCorps Recreation staff to distribute food AmeriCorps HungerCorps students. Value: as part of the mobile recreation program 35,500 Port of Seattle $20,930 total grant Application included residential Recommended application component within digital media program to grow tourism, development attraction, etc. revisions approved by Planning & Economic Development Suggestion has been made to revise application to focus more on business recovery and direct Committee on July 7, 2020 $7,000 of the total $20,930 application to business recovery. Additional information can be found in item 1a on the July 6, 2020 Planning & Economic Development Committee meeting 109 INFORMATIONAL MEMO Page 10 Selected Capital Projects Funds Financial analysis regarding the impacts of the COVID-19 pandemic include ongoing review of certain capital projects funds including residential streets (fund 103), arterial streets (fund 104), and general government improvements (fund 303). The narrative below highlights planned capital projects along with decisions that have already been made and decision points for future meetings. The narrative is followed by financial statements reflecting activity through August 31, 2020. The statements have been reformatted to focus on projected year-end rather than a budget to actual comparison. Residential Streets The most impactful issue in this fund relates to the 42nd Ave S and 53rd Ave S roadway projects. Both projects are completed and are awaiting final closeout and payments to contractors. Project costs for 2020 have been updated to reflect final estimated costs. At this time, a budget amendment will be required in order to provide enough funding to pay for the final costs associated with these two projects. The solution identified will not negatively affect the general fund. The proposed budget amendment includes two transfers into this fund. A transfer of $400 thousand from the urban renewal fund. Prior year land sale revenue is available for one-time projects. Additionally, the amendment will reallocate the solid waste utility tax revenue (funds dedicated to road projects) to these two projects. Funds were originally committed to the 42nd Ave S Bridge project for 30% design that was expected to be completed earlier this year. It is now expected that these costs will be incurred in 2021, if approved in the proposed 2021-2022 biennial budget. Arterial Streets 42nd Ave S Bridge: The City Council authorized funding of up to $1 million ($320 thousand general fund, $680 thousand solid waste utility tax) for 30% design. If approved, most of the cost associated with this project will be incurred in 2021. With the delay in design, the solid waste utility tax revenue will be reallocated to the residential street fund in 2020. This will be included in the 2020 budget amendments. S 119th St Ped Bridge painting: Not funding this project will only delay the project, not cancel it. There is a limited window of opportunity to paint the bridge due to weather and fish cycles. This project has now been scheduled for 2024 and is included in the proposed Capital Improvement Program. Overlay: At the June 8, 2020 Committee of the Whole meeting, there was Council consensus to move forward with the recommendation from the Transportation & Infrastructure Committee to fund the two highest priority overlay projects. Overlay has been completed for 2020 and is in the closeout process. General Government Improvement Siding repair at TCC: this project is underway and an update on the project will be provided at a later date. Facilities Study: This project is also funded out of the general government improvement. Staff is reworking the scope of this project per comments received from City Council at the June 8, 2020 Committee of the Whole meeting. 110 INFORMATIONAL MEMO Page 11 City of Tukwila Residential Street Fund 103 - Revenue and Expenditures Year -to -Date as of Octobrt 31, 2020 ** This column reflects amounts needed to be collected/expended to meet year-end projections 111 2019 2020 Year -to -Date Actuals Amended Projected Year- Year -to -Date Projected vs. Percent of Annual End Actuals YTD Actual** Projected Budget Year -End REVENUE: General Revenue Solid Waste/Recycling Utility Tax- - 550,000 40,651 509,349 7.4% Total Intergovernmental Revenue - - 550,000 40,651 509,349 0 Intergovernmental Revenue Indirect Federal - SRTS - 3,454,000 - - - 0% State Grant - Macadam 981,968 1,847,000 - - - 0% State Entitlements - MVFT Cities 241,814 290,000 170,000 221,355 (51,355) 130.2% Total Intergovernmental Revenue 1,223,782 5,591,000 170,000 221,355 (51,355) 130.2% Miscellaneous Revenue ** Charges for services 608,227 - - 134,682 (134,682) 0.0% Investment earnings 1,860 20,000 - - - 0.0% Total Miscellaneous Revenue 610,087 20,000 - 134,682 (134,682) 0.0% Transfers In 1,300,000 100,000 400,000 - 400,000 0.0% Total Revenues 3,133,869 5,711,000 1,120,000 396,689 723,312 35.4% EXPENDITURES: 46thAve Safe Routes to School - 1,832,000 -- - 0.0% Macadam Rd S Complete Street - 1,847,000 -- - 0.0% S 152nd St Safe Routes to School - 1,622,000 - - - 0.0% Traffic Calming/Residential Safety 146,323 400,000 50,000 72,620 (22,620) 145.2% 53rd Ave S 2,183,122 - 500,000 311,668 188,332 62.3% 42nd Ave S Ph III Wetland Monitoring -- 3,011 4,663 (1,652) 154.9% 42nd Ave S Phase III (SC Bluff -160) 1,137,886 - 593,763 349,973 243,790 58.9% Interfund Loan Repayment- - 0.0% Total Expenditures 3,467,331 5,701,000 1,146,774 738,924 * 407,850 64.4% Change in fund balances 10,000 (26,774) Beginning Fund Balance 51,544 141,586 Ending Fund Balance - 61,544 114,812 ** This column reflects amounts needed to be collected/expended to meet year-end projections 111 INFORMATIONAL MEMO Page 12 City of Tukwila Arterial Street Fund 104 - Revenue and Expenditures Year -to -Date as of October 31, 2020 ** This column reflects amounts needed to be collected/expended to meet year-end projections 112 2019 2020 Year -to -Date Actuals Amended Annual Budget Projected Year- Year -to -Date Projected vs. Percent of End Actuals YTD Actual** Projected Year -End REVENUE: General Revenue Parking Tax 278,043 470,000 200,026 171,154 28,872 85.6% MVFT Cities 122,109 137,000 92,483 112,821 (20,338) 122.0% Real Estate Excise Taxes 356,694 500,000 500,000 172,628 327,372 34.5% Total General Revenue 756,847 1,107,000 792,509 456,603 335,906 57.6% Charges for Services Park impact Fees 1,052,891 300,000 - - - 0.0% Traffic Impact Fees 438,736 213,000 70,564 387,258 (316,694) 548.8% Total Charges for Services 1,491,628 513,000 70,564 387,258 (316,694) 548.8% Intergovernmental Revenue Federal Grants 1,234,250 6,724,000 2,811,834 309,174 2,502,660 11.0% State Grants - 2,253,000 160,000 130,577 29,423 81.6% Total Charges for Services 1,234,250 8,977,000 2,971,834 439,751 2,532,083 14.8% Miscellaneous Revenue Investment earnings 43,003 20,000 20,000 12,680 7,320 63.4% Contributions/Donations 4,900 30,000 17,533 11,300 6,233 64.4% Total Miscellaneous Revenue 47,903 50,000 37,533 23,980 13,553 63.9% Total Revenues 3,530,627 10,647,000 3,872,440 1,307,592 2,564,848 33.8% EXPENDITURES: Overhead (Salaries & Benefits) 208,277 485,382 - 218,145 (218,145) 0.0% Wetland Monitoring (various) 619- 40,000 29,051 10,949 72.6% BAR over Airport Way Seismic Retrofit 322,467 2,614,000 1,441,000 119,271 1,321,729 8.3% TIB Channelization Study 20,832- 19,920 19,920 0 100.0% Transportation Comp Element Plan - 200,000 1,338 198,662 0.7% TUC Ped/Bicycle Bridge 275,235- 1,505 1,505 (0) 100.0% Boeing Access Road Bridge Rehab 1,184,772- 16 16 - 100.0% Strander Boulevard Extension 143,487 877,566 625,000 2,795 622,205 0.4% S 140th St Intersection Improvements 241,316 - - - - 0.0% S 144th ST Phase II 19,894- 161 95,872 (95,711) 59547.9% S 196th/200th St Bridge 97,118- 1,304 17,850 (16,546) 1368.9% West Valley Highway 4,804 3,195,000 509,000 328,332 180,668 64.5% 42nd Ave S Bridge Replacement 18,652 1,600,000 200,000 3,146 196,854 1.6% Annual Overlay 1,279,773 1,400,000 517,000 184,207 332,793 35.6% Annual Bridge Inspections 29,720 335,000 335,000 8,089 326,911 2.4% Annual Traffic Signals - 125,000 62,000 3,852 58,148 6.2% Other Misc. Capital Projects 78,147 792,000 2,025 8,122 (6,097) 401.1% Transfer Park Impact Fees to 301- - 675,106 - 675,106 0.0% Total Expenditures 3,925,113 11,423,948 4,629,037 1,041,512 3,587,525 22.5% Change in fund balances (776,948) (756,597) Beginning Fund Balance 1,187,826 2,083,854 Ending Fund Balance 410,878 1,327,257 ** This column reflects amounts needed to be collected/expended to meet year-end projections 112 INFORMATIONAL MEMO Page 13 City of Tukwila General Government Improvements Fund 303 - Revenue and Expenditures Year -to -Date as of October 31, 2020 ** This column reflects amounts needed to be collected/expended to meet year-end projections 113 2019 2020 Year -to -Date Actuals Amended Projected Year -to -Date Projected vs. Percent of Annual Year -End Actuals YTD Actual** Projected Budget Year -End REVENUE: Miscellaneous Revenue Investment earnings 9,232 500 4,000 3,999 (1) 100.0% Total Miscellaneous Revenue 9,232 500 4,000 3,999 (1) 100.0% Transfers In 150,000 200,000 - - - 0.0% Total Revenues 159,232 200,500 4,000 3,999 (1) 2.0% EXPENDITURES: City Hall Siding/Roof Repair - 50,000 - - - 0.0% TCC Siding/Roof Repair - 100,000 128,601 58,511 (70,090) 45.5% 2020 Facilities Study- - - - 0.0% Misc. Projects (including salaries & benefits) 9,616 208,015 31,684 31,684 (0) 100.0% Install No Parking Signs at 6200/6300 Bldg 8,232 2,026 2,026 6300 Bldg. Dry Fire Sprinkler System - 29,658 29,658 City Facilities Mitigation 1,384 - - Total Expenditures 9,616 658,015 160,285 90,195 (70,090) 56.3% Change in fund balances (457,515) (156,285) Beginning Fund Balance 525,166 656,306 Ending Fund Balance 67,651 500,021 ** This column reflects amounts needed to be collected/expended to meet year-end projections 113 114 p Ave190 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/23/20 MD ❑ Motion Mtg Date ' Resolution 12/7/20 MD ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Illip Date 12/7/20 SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S This resolution will increase land use and development permit fees to keep pace with SUMMARY increasing City costs to provide permit review. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/16/20 COMMITTEE CHAIR: MCCLEOD ' Planning/Economic Dev. ❑ Planning Comm. ITEM INFORMATION ITEM No. 4.D. 115 STAFF SPONSOR: MINNIE DHALIWAL ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE 2021-2022 DCD and PW Fee Resolution CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date ' Resolution ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Illip Date 12/7/20 SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S This resolution will increase land use and development permit fees to keep pace with SUMMARY increasing City costs to provide permit review. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/16/20 COMMITTEE CHAIR: MCCLEOD ' Planning/Economic Dev. ❑ Planning 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 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 12/7/20 MTG. DATE ATTACHMENTS 11/23/20 Information Memorandum dated 11/10/20 Fee Resolution Minutes from the Planning and Economic Development Committee meeting of 11/16/20 12/7/20 115 116 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development Committee FROM: Jack Pace, DCD Director BY: Minnie Dhaliwal, Deputy DCD Director CC: Mayor Ekberg DATE: November 10, 2020 SUBJECT: Updated DCD and PW Permit Fees ISSUE Should Tukwila increase its land use, Public Works and Building permit fees and hourly inspection rates to reflect increased costs to provide development review services? BACKGROUND The City has previously adopted development permit fees on a two-year cycle. Additionally, since 2017, to offset the city's costs for processing credit card payments for permit applications the City began charging a 3% convenience fee on permit fees paid by credit card. Technology fee of 5% is collected to provide for online permitting software upgrade/maintenance and converting paper records to digital records. Further the City contracts for the hearing examiner services and these are pass through costs collected with the land use applications. Also, some permits incur additional costs for the Fire Department review (Resolution 1967 adopted fees charged by the Fire Department and those fees are in addition to the fees listed in the attached resolution). DISCUSSION Staff is suggesting that the fees increase at 1.5% to reflect the City's labor and benefit costs. Salaries for represented employees will likely increase in 2021 and 2022 by 90% of the Seattle Consumer Price Index (CPI -W). The CPI -W was 1% for the June 2020 period and additional cost increases are anticipated with the employee benefit costs. Additionally, staff is suggesting that hourly inspection fees and after hour inspections should be increased from approximately $70 to $105 per hour to recover costs associated with inspections. Also, the rate for credit card fees and technology fees should be maintained the same as the past year. The pass-through costs associated with the hearing examiner fees should also be maintained. FINANCIAL IMPACT The proposed fee increases will keep pace with the City's costs to provide these necessary services. RECOMMENDATION The Council is being asked to approve the fee resolution and consider this item at the November 23, 2020 Committee of the Whole meeting and subsequent December 7, 2020 Regular Meeting. ATTACHMENTS Draft Public Works, Land Use and Building/Electrical/Plumbing/Mechanical Permit Fee Resolution 117 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1947, AND ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE. WHEREAS, the City Council adopted Resolution No. 1947 in 2018, establishing the City's current consolidated construction fee schedule; and WHEREAS, the City intends to update permit fees on an annual basis, with any increases tied to growth in City expenses for providing permit services; and WHEREAS, the City Council wishes to recover a portion of the City's costs for review and processing of permit applications; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, the City's primary cost for permit processing is employee salaries and benefits; and WHEREAS, the Seattle Consumer Price Index (CPI -W) was 1% for the June 2020 period; and WHEREAS, the cost for employee benefits has risen by an even larger percentage; and WHEREAS, increasing flat fee permits by 1.5% will enable revenues to track with City labor costs; and WHEREAS, as more permit applicants are paying by credit card, and there is a surcharge on the fees paid by credit card, the City intends to pass this convenience fee through to the permit applicants; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1947 is hereby repealed, effective January 1, 2021. CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton Page 1 of 12 119 Section 2. For 2021 and 2022, the Technology Fee shall be set at 5% of the applicable permit fee. Section 3. Public Works fees will be charged according to the following schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION CURRENT FEE Type A (Short -Term Non-profit) $50.00 $51.00 + Technology Fee Type B (Short -Term Profit) $480400-$102.00 + Technology Fee Type C (Infrastructure and Grading on Private Property and City Right -of- Way and Disturbance of City Right- of -Way) $2-50-.00-$254.00 application base fee, Technology Fee, plus four components based on construction value: 1) Plan Review 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review See Public Works Bulletin Al for fee schedule. Type D (Long -Term) $100.00-$102.00 + Technology Fee Type E (Potential Disturbance of City Right -of -Way) $480.00-$102.00 + Technology Fee Type F (Blanket Permits) $250-.00-$254.00 processing fee, plus $5,000.00 $5,075.00 cash deposit, withdraw $400,00-$102.00 per instance for inspection Franchise — Telecommunications $5,000.00 $5,075.00 administrative fee Franchise — Cable $5,000.00 $5,075.00 plus 5% of total revenue Street Vacation $1,200.00 $1,218.00 Latecomer's Agreements $500.00 $507.50 processing fee, plus 17% administrative fee, plus $500.00 $507.50 segregation fee Flood Zone Control Permit $50.00-$51.00 + Technology Fee Public Works Inspector Safety, Investigation or Re -inspection Fee $70.00-$71.00 per hour Public Works inspection outside of normal business hours (three four- $4000-$106.50 per hour hour minimum charge) Section 4. Land use permit and processing fees will be charged according to the following schedule: CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton Page 2 of 12 120 LAND USE FEE SCHEDULE All peer review fees will be passed through to the applicant per TMC Section 18.50.200. Decision Type 2019 Fees 2020 Fees 2021 Fee 2022 Fee Plus Hearing Examiner Fee Plus Technology Fee (TF) APPEALS Appeal of Type 1, 2 and 4 Decisions $645 $465 $675 $685 SEPA MDNS Appeal $645 $665 $675 $685 Appeal of Sign Code Decision $645 $665 $675 $685 Impact Fee Appeals: Appeal of Fire Impact Fees $645 $665 $675 $685 Appeal of Parks Impact Fees $645 $665 $675 $685 Appeal of Transportation Impact Fees $645 $665 $675 $685 SIGNS Permit (TMC Chapter 19) Permanent $255 $27-5 $279 $283 + TF Temporary $45 $45 $46 $46 + TF Pole/Banner Initial Application $265 $2-75 $279 $283 + TF Special Event $41-5 $420 $122 $123 + TF Pole/Banner Annual Renewal $60 $60 $61 $62 + TF New Billboard $645 $665 $675 $685 + TF Master Sign Program—Admin $2,380 $2,155 $2,492 $2,529 + TF Master Sign Program—BAR $3400 $3,930 $3,989 $4,049 + TF TUC ZONE MODIFICATIONS Modification to TUC Corridor Standards (TMC Section 18.28.130.C) $645 $665 $675 $685 + TF Modification to TUC Open Space Regulations (TMC Section 18.28.250.D.4.d) $645 $665 $675 $685 + TF Transit Reduction to Parking Requirements (TMC Section 18.28.260.B.5.b) $545 $665 $675 $685 + TF DESIGN REVIEW (TMC Section 18.60.030) Administrative $2,450 $2,525 $2,563 $2,601 + TF Public Hearing $4499 $4,525 $4,593 $4,662 + TF Major Modification $1-,500 $1-,550 $1,573 $1,597 + TF Minor Modification $680 $7-95 $716 $726 + TF CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton Page 3 of 12 121 Decision Type 2019 Fees 2020 Fees 2021 Fee 2022 Fee Plus Hearing Examiner Fee Plus Technology Fee (TF) PARKING VARIANCES AND SPECIAL PERMISSIONS Administrative Parking Variance (Type 2—TMC Section 18.56.140) $645 $665 $675 $685 + TF Parking Variance (Type 3—TMC Section 18.56.140) $1969 $1,095 $1,111 $1,128 + HE + TF Parking Standard for use not specified (TMC Section 18.28.250.D.4.d.1 and TMC Section 18.56.100) $635 $655 $665 $675 + TF Residential Parking Reduction (TMC Section 18.56.065) $645 $665 $675 $685 + TF Shared, covenant, Complementary Parking Reduction (TMC Section 18.56.070) $645 $665 $675 $685 + TF Parking Lot Restriping (TMC Section 18.56.120) $645 $665 $675 $685 + TF VARIANCES, SPECIAL PERSMISSIONS AND SITE PLAN REVIEW Variances (TMC Section 18.72) $3400 $3495 $3,243 $3,291 + HE + TF Environmentally Sensitive Areas Deviation, Buffer Reduction (TMC Chapter 18.45) Reduced fee for LDR home- owners, no associated short plat $1,610 $645 $47690 $665 $1,715 $1,741 + TF $675 $685 Reasonable Use Exception (TMC Section 18.45.180) $35 $3,380 $3,431 $3,482 + HE + TF Exception from Single Family Design Standard (TMC Section 18.50.055) $645 $665 $675 $685 + TF Special Permission Cargo Container (TMC Section 18.50.060) $645 $665 $675 $685 + TF Residential Tree Permit for single $5 $420 $121 $124 family residential properties (TMC Chapters 18.44, 18.45 and 18.54, including shoreline and critical areas tree permits) Tree Permit and Commercial $645 $665 $675 $685 + TF Landscape Modification Permit and Exceptions for non -single family residential properties (TMC Chapter Section 18.52.100, and Chapters 18.44, 18.45 and 18.54, including shoreline and critical areas tree permitsi CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton 122 Page 4 of 12 Decision Type 2019 Fees 2020 Fees 2021 Fee 2022 Fee Plus Hearing Examiner Fee Plus Technolog y Fee (TF) LOT CREATION AND CONSOLIDATION Boundary Line Adjustment (TMC Chapter 17.08) $1,835 $1,895 $1,923 $1,952 + TF Lot Consolidation (TMC Chapter 17.08) $680 $705 $716 $726 + TF Short Plat (2-4 lots) (TMC Chapter 17.12) $4,180 $4,345 $4,380 $4,445 + TF Short Plat (5-9 lots) (TMC Chapter 17.12) $4;760 $49-1-0 $4,984 $5,058 + TF Stdiv+sian Subdivision Preliminary Plat (10+ lots) $5,460 $5,635 $5,719 $5,805 + HE + TF (TMC Section 17.14.020) Subdivision Final Plat (10+ lots) $375 $3480 $3,431 $3,482 + TF (TMC Section 17.12.030) Binding Site Improvement Plan (TMC Chapter 17.16) $4,180 $4;3-1-5 $4,380 $4,445 + TF Planned Residential Development: Planned Residential Development - $27380 $2,455 $2,492 $2,529 + TF Administrative (TMC Section 18.46.110) Planned Residential Development - $5460 $5,635 $5,719 $5,805 + TF Public Hearing (TMC Section 18.46.110) Planned Residential Development - $645 $665 $675 $685 + TF Minor Modification (TMC Section 18.46.130) Planned Residential Development - $2,655 $2„740 $2,781 $2,823 + TF Major Modification (TMC Section 18.46.130) WIRELESS COMMUNICATION FACILITY (TMC Chapter 18.58.050) Minor (Type 1) $645 $665 $675 $685 + TF Administrative (Type 2) $4835 $-17895 $1,923 $1,952 + TF Major or Height Waiver (Type 3) $3,6-70 $3,790 $3,847 $3,905 + HE + TF SEPA AND ENVIRONMENTAL Checklist $1,870 $4930 $1,959 $1,988 + TF SEPA EIS $3,275 $3,3380 $3,431 $3,482 + TF SEPA Planned Action $645 $665 $675 $685 + TF SEPA Addendum $645 $665 $675 $685 + TF SEPA Exemption Letter $380 $395 $401 $407 + TF Sensitive Area Master Plan Overlay (TMC Section 18.45.160) $5,460 $5,635 $5,719 $5,805 + TF CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton Page 5 of 12 123 Decision Type 2019 Fees 2020 Fees 2021 Fee 2022 Fee Plus Hearing Examiner Fee Plus Technology Fee (TF) SHORELINE PERMITS Substantial Development Permit: (TMC Chapter 18 44) Project value: $5,000 - $10,000 $-1,-295 $-1,335 $1,355 $1,375 + TF $10,001 - $50,000 $3,025 $3,1-25 $3,172 $3,219 + TF $50,001 - $500,000 $4,825 $4,988 $5,055 $5,130 + TF More than $500,000 $6,-1-20 $6,3-1-5 $6,410 $6,506 + TF Permit Exemption Letter, Shoreline $265 $275 $279 $283 + TF Shoreline Permit Revision $670 $690 $700 $711 + TF Conditional Use Permit, Shoreline (TMC Section 18.44.050) $450 $47385 $4,451 $4,517 + HE + TF Shoreline Tree Permit $145 $420 + TF (TMC Chapter 18.44) Shoreline Environment Redesignation $3,275 $3,381 $3,431 $3 482 + TF NOISE VARIANCES (TMC Section 8.22.120) Type I $530 $545 $553 $561 + TF Type II $7-1.5 $740 $751 $762 + TF Type III $1595 $1645 $1,670 $1,695 + HE + TF USE PERMITS Conditional Use Permit (TMC Section 18.64.020) $47250 $4,385 $4,451 $4,517 + HE + TF Unclassified Use Permit (TMC Chapter 18.66) $5,460 $5,635 $5,719 $5,805 + TF TSO Special Permission Use (TMC Section 18.41.060) $-1-060 $-14;195 $1,111 $1,128 + HE + TF COMPREHENSIVE PLAN CHANGES (TMC Chapter 18.84) Rezone (Map Change- separate Comprehensive Plan $3,820 $3,945 $4,004 $4,064 + TF amendment fees also apply) Comprehensive Plan Amendment $4,370 $4;505 $4,572 $4,641 + TF Zoning Code Text Amendment $4,965 $5,1-25 $5,202 $5,280 + TF MISCELLANEOUS SERVICES AND CHARGES Development Agreement $2,185 $2,255 $2,289 $2,323 + TF Code Interpretation (TMC Section 18.90.010) $380 $395 $401 $407 + TF Zoning Verification Letter $380 $395 $401 $407 + TF Legal Lot Verification $645 $630 $639 $649 + TF CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton 124 Page 6 of 12 Decision Type 2019 Fees 2020 Fees 2021 Fee 2022 Fee Plus Hearing Examiner Fee Plus Technology Fee (TF) Preapplication Meeting $530 $545 $553 $561 $612.4-1$621.60 for the first $25,000, plus $45.6-1$15.84 for each + TF In -lieu Tree Replacement Fee $400 $110 $416 $422 additional $1,000, or fraction thereof, to and including $500,000, + Technology Fee $500,001 to $1,000,000 Mailing Fee to Generate Labels, per project $500 $545 $523 $530 $5,000,001 and up $27,788.12 $28,204.94 for the first $5,000.000, plus $4.59 $4.65 for each Public Notice Mailing Fee per address for each mailing $-1- $4 L L Section 5. Building permit fees will be charged according to the following schedule: BUILDING PERMIT FEE SCHEDULE Total Valuation Building Permit Fees $1 to $500 $66-30- $67.29 + Technology Fee $501 to $2,000 $66.30 $67.29 for the first $500, plus $1.39 $4.45 for each additional $100, or fraction thereof, to and including $2,000, + Technology Fee $2,001 to $25,000 $132.09 $134.07 for the first $2,000, plus $19.99 $20.29 for each additional $1,000, or fraction thereof, to and including $25,000, + Technology Fee $25,001 to $50,000 $612.4-1$621.60 for the first $25,000, plus $45.6-1$15.84 for each additional $1,000, or fraction thereof, to and including $50,000, + Technology Fee $50,001 to $100,000 $1,002.92 $1,017.96 for the first $50,000, plus $40.81-$10.97 for each additional $1,000, or fraction thereof, to and including $100,000, + Technology Fee $100,001 to $500,000 $1,511.83 $1,564.95 for the first $100,000, plus $&67-$8.80 for each additional $1,000, or fraction thereof, to and including $500,000, + Technology Fee $500,001 to $1,000,000 $5,001.13 $5,079.49 for the first $500,000, plus $7.11 $7.24 for each additional $1,000, or fraction thereof, to and including $1,000,000, + Technology Fee $1,000,001 to $5,000,000 $8,612.12 $8,741.30 for the first $1,000,000, plus $1.79 $4.86 for each additional $1,000, or fraction thereof, to and including $5,000,000, + Technology Fee $5,000,001 and up $27,788.12 $28,204.94 for the first $5,000.000, plus $4.59 $4.65 for each $1,000 or fraction thereof, + Technology Fee CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton Page 7 of 12 125 A. Non -Structural Plan Review Fee. A non-structural plan review fee shall be paid at the time of submitting plans and specifications for review. The non-structural plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee schedule. The non-structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. B. Structural Plan Review Fee. Where a structural plan review is deemed necessary, a structural plan review fee shall be charged. The structural plan review fee shall be 35% of the calculated non-structural plan review fee. C. Total Value of All Construction Work. The latest Building Data Valuation that is updated twice a year by the International Code Council shall be used for the purposes of calculating value of the construction work. Section 6. Mechanical permit fees will be charged according to the following schedule: MECHANICAL PERMIT FEE SCHEDULE Valuation of Work (Total Contract Amount) Mechanical Permit Fee $33.1-5-$33.64 for issuance of each permit (base fee) + Technology Fee $250 or less $66.30 $67.29 + Technology Fee $251 to $500 $66.30-$67.29 for first $250, plus $7.99 $8.10 for each $100 or fraction thereof, to and including $500, + Technology Fee $501 to $1,000 $86,29-$87.58 for the first $500, plus $8,87—$9.00 for each $100 or fraction thereof, to and including $1,000, + Technology Fee $1,001 to $5,000 $130.66 $132.61 for the first $1,000, plus $9.84$9.98 for each $1,000 or fraction thereof, to and including $5,000, + Technology Fee $5,001 to $50,000 $-1-7-00-3-$172.58 for the first $5,000, plus $1-0.2-5$10.40 for each $1,000 or fraction thereof, to and including $50,000, + Technology Fee $50,001 to $250,000 $66-1.98-$661.75 for the first $50,000, plus $8.57 $8.69 for each $1,000 or fraction thereof, to and including $250,000, + Technology Fee $250,001 to $1,000,000 $2,365.58 $2,401.06 for the first $250,000, plus $7.55 $7.66 for each $1,000 or fraction thereof, to and including $1,000,000, + Technology Fee $1,000,001 and up $8,026.58 $8,146.97 for the first $1,000,000, plus $6-8$6.93 for each $1,000 or fraction thereof, + Technology Fee CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton 126 Page 8 of 12 Section 7. Plumbing permit fees will be charged according to the following schedule: PLUMBING PERMIT FEE SCHEDULE Permit Issuance—Issuance of each permit (base fee) $35.00 $35.52 + Technology Fee Unit Fee Schedule (in addition to base fee above: For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $68.00-$69.02 + Technology Fee For each additional fixture $15.00-$15.22 + Technology Fee For each building sewer and each trailer park sewer $25.00-$25.37 + Technology Fee Rain water system - per drain (inside building) $15.00 $15.22 + Technology Fee For each water heater and/or vent $15.00 $15.22 + Technology Fee For each industrial waste pretreatment interceptor, including its trap and vent, except for kitchen type grease interceptors $30.00 $30.45 + Technology Fee For each grease interceptor for commercial kitchens $30.00-$30.45 + Technology Fee For each repair or alteration of water piping and/or water treating equipment, each occurrence $15.00 $15.22 + Technology Fee For each repair or alteration of drainage or vent piping, each fixture $1590-$15.22 + Technology Fee For each medical gas piping system serving one to five inlets/outlets for a specific gas $8500-$86.27 + Technology Fee For each additional medical gas inlets/outlets $4700-$17.22 + Technology Fee For each lawn sprinkler system on any one (1) meter including backflow protection devices therefor. $30,00-$30.45 + Technology Fee For atmospheric -type vacuum breakers not included in lawn sprinkler backflow protection: 1 to 5 $1500-$15.22 + Technology Fee Over 5 $4595$15.22 for first 5 plus $3.2-5$3.29 for each additional + Technology Fee For each backflow protective device other than atmospheric type vacuum breakers: 2 -inch diameter and smaller $30.00 $30.45 + Technology Fee Over 2 -inch diameter: $-3500-$33.49 + Technology Fee Section 8. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE Permit Issuance For issuing each permit (base fee): ($0 if permit is in conjunction with a plumbing permit for an appliance with both plumbing and gas connection.) Unit Fee Schedule For each gas piping system of one to five outlets For each additional gas piping system outlet, per outlet $35.00-$35.52 + Technology Fee $68.00-$69.02 + Technology Fee $1-5.00-$15.22 + Technology Fee CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 1 1 -5-20 MD:bjs Review and analysis by Barbara Saxton Page 9 of 12 127 Section 9. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE 1. NEW SINGLE-FAMILY DWELLINGS New single-family dwellings (including a garage) $180.00 $180.70 + Technology Fee Garages, pools, spas and outbuildings $120.00 $121.80 + Technology Fee Low voltage systems $60-00-$60.90 + Technology Fee 2. SINGLE-FAMILY REMODEL AND SERVICE CHANGES Service change or alteration -no added/altered circuits $120.00 $121.80 + Technology Fee Service change $480.00-$100.50 with added/altered circuits, plus $40000$100.50 + Technology $10.00 $10.15 for each added circuit (maximum permit fee $160.00 Fee $162.40) Circuits added/altered without service change (includes up to 5 circuits) $6-0,00-$60.90 + Technology Fee fraction thereof, to and including $5,000, + Technology Fee Circuits $6000-$60.90 added/altered without service change (more $6000$60.90 + Technology Fee than 5 circuits); $4-0-.00$10.15 for each added circuit (maximum permit $50,001 - $250,000 fee $100.00 $100.50+ Technology Fee) fraction thereof, to and including $250,000, + Technology Fee Meter/mast repair $8000-$81.20 + Technology Fee Low voltage systems $60.00-$60.90 + Technology Fee 3. MULTI -FAMILY AND COMMERCIAL (including low voltage) Valuation of Work (Total Contract Amount) Permit Fee $250 or less $66.30 $67.29 + Technology Fee $251 - $1,000 $66.30-$67.29 for the first $250 plus $1.39 $4.45 for each $100 or fraction thereof, to and including $1,000, + Technology Fee $1,001 - $5,000 $98.94 $100.42 for the first $1,000 plus $22.03 $22.36 for each $1,000 or fraction thereof, to and including $5,000, + Technology Fee $5,001 - $50,000 $1-8697$189.77 for the first $5,000 plus $1-8.00$18.32 for each $1,000 or fraction thereof, to and including $50,000, + Technology Fee $50,001 - $250,000 $998.73 $1,013.71 for the first $50,000 plus $43.1-6-$13.35 for each $1,000 or fraction thereof, to and including $250,000, + Technology Fee $250,001 - $1,000,000 $3,638.54 $3,693.11 for the first $250,000 plus $9-:33 $9.46 for each $1,000 or fraction thereof, to and including $1,000,000, + Technology Fee Over $1,000,000 $10,619.51 $10,809.25 plus 0.5% of cost over $1,000,000, + Technology Fee CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton 128 Page 10 of 12 4. MISCELLANEOUS ELECTRICAL PERMIT FEES Temporary service (residential) $60.00-$105.00 + Technology Fee Temporary service/generators $30.00-$105.00 + Technology Fee Manufactured/mobile home parks and RV park sites, each service and feeder $100.00 $105.00 + Technology Fee Carnivals: hour • Base fee $100.00 $105.00 + Technology Fee • Each concession fee $11-00-$11.16 + Technology Fee • Each ride and generator truck $11.00 $11.16 + Technology Fee Inspections or plan review not specified elsewhere (one hour minimum). $60-00-$105.00 per hour Expired permit final - each additional inspection Safety inspections, plan revisions $60.00-$105.00 per hour Adult family home inspection (paid at the time of scheduling the inspection) $60-00-$105.00 for each inspection Disaster recovery emergency repair permit (residential structures only) $20.00-$20.30 Section 10. Other inspections and fees will be charged according to the following schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three four hour minimum charge) $105.00 $106.57 per hour Re -inspection fee (minimum charge one hour) $70.00-$105.00 per hour Inspection for which no fee is specifically indicated—investigations or safety inspections $70,00-$105.00 per hour Additional plan review required by changes, additions, or revisions to approved plans $.7-0,00-$105.00 per hour Work commencing before permit issuance shall be subject to an investigation fee equal to 100% of the permit fee. 100% of the permit fee Plan review fee—Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered prior to inspection or work not ready at the time of inspection may be charged a re -inspection fee of $105.00 $106.57. Expired permit final - includes two inspections $440.00-$142.10 Expired permit final - each additional inspection $7-0,00-$71.05 Minor residential remodel plan review and permit (projects up to $20,000) $20.00 $20.30 Certificate of Occupancy replacement $105.00 CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton Page 11 of 12 129 Section 11. Credit Card Surcharge. If payment is made by credit card, a processing fee of 3% will be added to the total order. Section 12. Effective Date. This resolution and the fee schedules contained herein shall be effective January 1, 2021. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC: \Legislative Development\Consolidated permit fee schedule 2021-2022 strike-thru 11-5-20 MD:bjs Review and analysis by Barbara Saxton Page 12 of 12 130 City of Tukwila City Council Planning & Economic Development Committee Meeting Minutes November16, 2020 - 5:30 p.m. - Electronic Meeting due to COV/D-19 Emergency Councilmembers Present: Thomas McLeod, Chair; Kathy Hougardy, Zak Idan David Cline, Jack Pace, Minnie Dhaliwal, Lynn Miranda, Derek Speck, Brandon Miles, Laurel Humphrey Staff Present: Chair McLeod called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Permitted Development in Tukwila International Boulevard Study Area Staff is seeking Council approval of an ordinance to amend the Zoning Code to update regulations related to certain auto -oriented and lodging uses in the Neighborhood Commercial Center (NCC) and Regional Center (RC) districts located in the TIB study area. The Planning Commission did not reach consensus on four land use categories, and the Committee decided against making a recommendation. Committee Recommendation No recommendation. Forward to November 23, 2020 Committee of the Whole for Public Hearing. B. Resolution: Consolidated Permit Fee Schedule Staff is seeking Council approval of a resolution to adopt Public Works, Land Use and Building Permit fee schedule. Committee Recommendation Unanimous approval. Forward to November 23, 2020 Committee of the Whole. C. Residential Rental Housing Licensing and Inspection Program - Update & Resolution Staff is seeking approval of a resolution to adopt a Residential Rental Business License & Inspection Program fee schedule. Item(s) requiring follow-up: Add provision waiving 2019 outstanding fees for property owners who become up to date on their license and inspection by September 2021. Committee Recommendation Unanimous approval as amended. Forward to November 23, 2020 Committee of the Whole 131 132 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/23/20 KS ❑ Motion Mtg Date ' Resolution 12/7/20 KS ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Illip Date 12/7/20 SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S A brief program update and a resolution updating the rental housing program fee schedule SUMMARY for 2021 and 2022. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/16/20 COMMITTEE CHAIR: MCLEOD /1 Planning/Economic Dev. ❑ Planning Comm. ITEM INFORMATION ITEM No. 4.E. 133 STAFF SPONSOR: KIA SHAG ENA ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE Briefing on Rental Housing Program & Updating the Rental Housing Program Fee Schedule CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date ' Resolution ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Illip Date 12/7/20 SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S A brief program update and a resolution updating the rental housing program fee schedule SUMMARY for 2021 and 2022. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/16/20 COMMITTEE CHAIR: MCLEOD /1 Planning/Economic Dev. ❑ Planning 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 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 12/7/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum dated 11/16/20 Resolution (strike-thru underlined format after 11/16 PED Committee) Rental Housing Program — Dashboard 11/9/2020 Rental Housing — Inspection Checklist Minutes from the Planning & Economic Development Committee meeting of 11/16/20 12/7/20 133 134 W i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development Committee FROM: Minnie Dhaliwal, Community Development BY: Kia Shagena, Code Enforcement Officer CC: Mayor Ekberg DATE: November 16, 2020 SUBJECT: Updated Rental Housing Licensing Fees and Program Update ISSUE Should Tukwila increase its rental housing licensing fees and inspection rate to adjust for inflation in staff costs? BACKGROUND The City established the Residential Rental Business License and Inspection Program in 2010. This program was established for rental units to protect the public health, safety and welfare by ensuring the proper maintenance of such housing, by identifying and requiring correction of substandard housing conditions, and by preventing conditions of deterioration and blight that could adversely impact the quality of life in the City of Tukwila. At the Council meeting on June 15, 2020, that adopted the resolution waiving late fees due to COVID, the Council had asked for a briefing on the program. Additionally, the licensing and inspection fees for 2021 and 2022 need to be adopted at this time. DISCUSSION Briefing on the Rental Housing Licensing and Inspection Program: Tukwila Municipal Code Chapter 5.06 establishes regulations pertaining to rental housing license and inspection. Residential rental properties are required to obtain an annual rental business license. In addition to annual licensing, all rental housing units in the City must pass an inspection every 4 years. As of November 4, 2020, The Rental Housing Program has 4357 registered rental units and 604 active rental licenses (one license per property). Properties with up to 4 units may use a City inspector while all larger properties must use a private inspector who meets specific qualifications. The City may also inspect units in response to complaints and audit inspections submitted by private inspectors when inspection reports are in question. A total of 86% of all registered units have up to date passing inspections, while 14% are due for their next inspection (See Attachment B). Inspections ensure compliance with minimum health safety standards (See Attachment C). Fee Update for 2021-2022 All program late fees for 2020 were waived in response to the ongoing COVID-19 pandemic. As of November 4, 2020, 73 properties have yet to renew their 2020 rental license. Not including new rental licenses, 572 units were due for inspection in 2020. Due to social distancing measures nearly all property owners have postponed their 2020 inspections. 1175 units are due for inspection in 2021. In response to the ongoing pandemic and social distancing requirements, staff has developed a virtual rental inspection beta program to address inspection needs. 135 136 INFORMATIONAL MEMO Page 2 Staff has found monthly late fees for overdue license renewals to be an effective tool. Staff proposes to reinstate late fees for both overdue licenses and overdue inspections. Additionally, staff is recommending that the residential rental business license and inspection fees for 2021-2022 be increased by 1.5% to keep up with the costs of the program. This is based on the fact that the salaries for represented employees will likely increase in 2021 and 2022 by 90% of the Seattle Consumer Price Index (CPI -W). The CPI -W was 1% for the June 2020 period and additional cost increases are anticipated with the employee benefit costs. FINANCIAL IMPACT The proposed fee increases will keep pace with the City's costs to provide these necessary services. RECOMMENDATION The Committee is being asked to approve the resolution for 2021-2022 fees and consider this item at the November 23, 2020 Committee of the Whole and December 7, 2020 Regular Meeting. ATTACHMENTS Attachment A. Draft Residential Rental Licensing Fee Resolution Attachment B. Rental Housing Program Dashboard — 11/9/2020 Attachment C. Rental Housing - Inspection Checklist https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/InfoMemo_RHP_2020-2022_FeeSchedule.docx NOTE: Text in track changes reflects revisions made after 11/16/20 Planning and Economic Development Committee meeting. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1946. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code Chapter 5.06; and WHEREAS, the program has significantly improved the condition of the City's rental housing stock over the past 10 years; and WHEREAS, the City is authorized to impose fees for services rendered; and WHEREAS, the fees for this program are intended to offset most of the cost of providing this service; and WHEREAS, the costs to administer the program have increased since the last fee review in 2018; and WHEREAS, the cost to administer the licensing program increases in proportion to the number of units per site; and WHEREAS, due to the impacts of the current COVID-19 public health crisis, many residential rental property owners are experiencing economic hardship; and WHEREAS, postponing the assessment of 2021 Residential Rental Business License late fees from March 2021 to September 2021 may provide economic relief to residential rental property owners; and WHEREAS, the continued renewal of Residential Rental Business Licenses and up-to-date rental inspections are critical to maintaining safe and healthy rental housing; and WHEREAS, residential rental property owners who are up to date with all Residential Rental Business License requirements, including up-to-date, approved rental inspections by September 30, 2021, may have any previously outstanding 2019 Residential Rental Business License late fees or penalties waived; and CC: \Legislative Development\Residential Rental Licensing fee schedule strike -through 11-17-20 KS:bjs Review and analysis by Barbara Saxton Page 1 of 3 137 WHEREAS, waiver of those outstanding 2019 Residential Rental Business License late fees and penalties may provide economic relief to residential rental property owners; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Residential Rental Business License and Inspection Program fees will be charged according to the following schedule: RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES DESCRIPTION 2020 LICENSE 2021 LICENSE 2022 LICENSE Annual Residential Rental Business License: $245.00 $249.00 $252.00 Property with one, two, three or four units $ 75.00 $ 76.00 $ 77.00 Property with 5 to 20 units $195.00 $198.00 $201.00 DESCRIPTION 2020 LICENSE 2021 LICENSE 2022 LICENSE Property with 21 to 50 units $245.00 $249.00 $252.00 Property with 51 or more units $305.00 $310.00 $314.00 License fees for units rented for the first time on or after July 1st of each year are reduced by 50%. Late fee per month if existing license is not renewed before March 1 Waived effective 6/16/20 $10.00 Waived $10.00 through 9/30/2021 Penalty fee if a new unit is leased before a license and inspection is obtained $ 50.00 $50.00 $50.00 Inspection fee per unit (City inspector) $ 60.00 $ 61.00 $ 62.00 Re -inspection fee per unit (City inspector) $ 60.00 $ 61.00 $ 62.00 Late fee per unit, per month, if Inspection Checklist is not submitted by September 30 of the year it is due Waived effective 6/16/20 $10.00 $10.00 Hearing Examiner appeal fee $340.00 $340.00 $340.00 Outstanding 2019 Residential Rental Business License late fees shall be waived for residential rental property owners who are up-to-date with all Residential Rental Business License requirements by September 30, 2021, including up-to-date, approved rental inspections. CC: \Legislative Development\Residential Rental Licensing fee schedule strike -through 11-17-20 KS:bjs Review and analysis by Barbara Saxton 138 Page 2 of 3 Section 2. Repealer. Resolution No. 1946 is hereby repealed in its entirety as of 11:59 PM on December 7, 2020. Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective as of 12:00 AM on December 8, 2020. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC: \Legislative Development\Residential Rental Licensing fee schedule strike -through 11-17-20 KS:bjs Review and analysis by Barbara Saxton Page 3 of 3 139 140 Lf)0 Lf) Q © con w M1 w 0 tf}Li_ N CY)0 r � CO 0- p, N L2r o lO W N PROGRAM REVENUE BYYEAR Ln Lu w LU LU W O z w o 0 u W w 2 < ▪ zw E gz W WW ▪ a ceW 64 64 64 OIYd 5334 Ir } RENTAL LICENSES BY STATUS 0 C. 0 0 0 0 0 TY N LICENSE STATUS 0 �o 0 00 LL 11110 CO OS tCL) PENDING INSPECTION 141 142 nspection Report and Checklist Rental Housing Program - -j oct it p � UNIT DOES NOT PASS IF INSPECTION RESULTS EQUAL 25 POINTS OR MORE Dwelling Type * -1 E Single-family Property Owner: Inspection Results Rental Address: E Accessory Dwelling Unit Final Inspection Score E Studio/Efficiency Unit a 0 / _ Bathrooms: [ / I Property Name: CITY OF TUKWILA OFFICIAL RENTAL INSPECTION REPORT INSPECTOR SIGNA INSPECTOR NAME (PRINTED): DATE OF INSPECTION: REINSPECTION DUE DATE: />- REINSPECTION REQUI U LLr, � � � NNNNN N NN N N N N E co co CO \ CC a _ ® � 0 } 2 . .ro \ § C 0. - C 0- ° — _ = o = (0 _ o & C •° 0 E •– \4— $ •- .£ 2 -0 m{23% 2\\// E 's / - E CU > CT 7 . c 0 a) 0 z > /\\»s 5 m = 0 u z _ _ 2 2 0 c a) E2u23 •ac azar• .resent a•• 25 .oints to Fina Ins .ection Scor• LL u _ o ±us . \ \ ® / % Tu ro v 73 E \ .E . e / o \ / s a) m _c o \ ƒ 35 L:: \ 48 - \ \ Z ) L_ /( 0 / i _ 2 /g¥ § i > 0 0 / \ \ ) 0 \ C ( U k $ G t J 2' g = g _ 2 § 0 u \ ® E � § 7 « e a), a) E o a N ) ( \ $ \ \ \ 2 $ a o / R ¥ § \k / 2 ; E ±(�%_� g e / % ro \ \ o= COm a) ®� \ E ( 2 u.'; o 0co ƒ / / m ® _ = o E o = 2 _ _ _ _ < \ / 0 U U, • 8 E 2 R¥ f u$/ = 3 0¥ 3 3 7 0 3 C vi O CO bD -Q C ro a) o c 0 •5 i L -0 O CO v a v ro O O N N y v O a) CD N v .0.0_ 4-, O C CO CD O N U (o C a) > Q Q y N C 167, C _ Q o o 0- -F.), (1, C o >- c E y CO o N U O - co (6 O N U C CU C -0,3) • N C CttO Q ''' N _ Q -o C (o N CU c a o < o _0 z L a) Y N 7 C•_ c = v O o. •o 3 co v o_ L a U N O U C (o U U a) CaC O Q _o G O a. 'v co u co H N G a, . a) C L'6 O a) .. N O Y 3 O YE c Q F°- o o .,n y .= N N U C -0 .. N o a, O cij y -Q To ro o y Yro O U2 N ea QOU vU N v ao a) v al YW Y YN a) w (a C y = O t O a) .8 8 O O ',T,§ C H +,_c a ai N - - . Co N C (1) Q c Y x # C Q1 o uO W Y U a) I ) v a o a y N U E > m c U_ Z oN c a Ov_+ O Y ai P co C O uro -0 v y W c -o 4- 13. C. (o o v Y N E N C Z a o 0 C u (7 - Ern Z_ N n 0 I Nj J Z Q O ~u Z W W CC c144 and severity level. cn W I- 0 z z 0 I- U W a v) z J a z 0 0 0 a146 City of Tukwila City Council Planning & Economic Development Committee Meeting Minutes November16, 2020 - 5:30 p.m. - Electronic Meeting due to COV/D-19 Emergency Councilmembers Present: Thomas McLeod, Chair; Kathy Hougardy, Zak Idan David Cline, Jack Pace, Minnie Dhaliwal, Lynn Miranda, Derek Speck, Brandon Miles, Laurel Humphrey Staff Present: Chair McLeod called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Permitted Development in Tukwila International Boulevard Study Area Staff is seeking Council approval of an ordinance to amend the Zoning Code to update regulations related to certain auto -oriented and lodging uses in the Neighborhood Commercial Center (NCC) and Regional Center (RC) districts located in the TIB study area. The Planning Commission did not reach consensus on four land use categories, and the Committee decided against making a recommendation. Committee Recommendation No recommendation. Forward to November 23, 2020 Committee of the Whole for Public Hearing. B. Resolution: Consolidated Permit Fee Schedule Staff is seeking Council approval of a resolution to adopt Public Works, Land Use and Building Permit fee schedule. Committee Recommendation Unanimous approval. Forward to November 23, 2020 Committee of the Whole. C. Residential Rental Housing Licensing and Inspection Program - Update & Resolution Staff is seeking approval of a resolution to adopt a Residential Rental Business License & Inspection Program fee schedule. Item(s) requiring follow-up: Add provision waiving 2019 outstanding fees for property owners who become up to date on their license and inspection by September 2021. Committee Recommendation Unanimous approval as amended. Forward to November 23, 2020 Committee of the Whole 147 148 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Corned review 11/23/20 LH ❑ Motion Mtg Date 11 Resolution 12/7/20 LH ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/7/20 Mtg Date 12/7/20 SPONSOR 11 Council ❑ Mayor ❑ HR ❑ DCD 11 Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PW SPONSOR'S Staff is seeking Council approval of a resolution adopting financial policies, a resolution SUMMARY adopting a purchasing policy, and an ordinance to remove 3.32.030 and 3.32.040 from the Municipal Code. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ LTAC ❑ Arts Comm. DATE: 11/9/20 ' Finance Com ❑ Planning/Economic Dev. Comm. ❑ Planning Comm. CHAIR: ITEM INFORMATION ITEM No. 4.F. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE Financial Policy Updates: Resolution adoping Financial Policies, Resolution adopting Purchasing Policy, Ordinance repealing TMC 3.32.030 and 3.32.040. CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date 11 Resolution 11 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/7/20 Mtg Date 12/7/20 SPONSOR 11 Council ❑ Mayor ❑ HR ❑ DCD 11 Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PW SPONSOR'S Staff is seeking Council approval of a resolution adopting financial policies, a resolution SUMMARY adopting a purchasing policy, and an ordinance to remove 3.32.030 and 3.32.040 from the Municipal Code. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ LTAC ❑ Arts Comm. DATE: 11/9/20 ' Finance Com ❑ Planning/Economic Dev. Comm. ❑ Planning Comm. CHAIR: ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 12/7/20 MTG. DATE ATTACHMENTS 11/23/20 Info memo dated 11/3/20 Table of proposed Financial Policies (updated after 11/9 Finance Committee) Proposed resolution adopting Financial Policies (updated after 11/9 Finance Committee) Proposed resolution adopting Purchasing Policy (updated after 11/9 Finance Committee) Proposed ordinance repealing 3.32.030 and 3.32.040 Proposed repeals: Resolution 1919, Resolution 1950, TMC 3.32.030 and 3.32.040 Minutes from the 11/9/20 Finance Committee 12/7/20 149 150 W i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Laurel Humphrey, Legislative Analyst DATE: November 3, 2020 SUBJECT: Financial Policies Legislation ISSUE At the February 2020 Retreat, Finance Consultant Mike Bailey encouraged the City Council to revisit its financial policies as a crucial part of the role of budgetary oversight. The financial policies of a city represent values and expectations for financial planning, budgeting, accounting, reporting and other management practices. Currently, financial policies for the City of Tukwila exist in a variety of places: across multiple resolutions, the Municipal Code, administrative policies, and the budget document to name a few. BACKGROUND In July, staff briefed the Finance Committee on a project that would update certain financial policies to improve organization, consolidate, and address redundancies and conflicts in accordance with best practices. The Committee was supportive of the proposal as outlined below: Project Goals • To revamp, consolidate, clarify, cross-reference, eliminate redundancies and conflicts, and capture the City Council's intent and approval. Mechanisms • Resolution to repeal 1950 and adopt new reformatted policy document. • Resolution to update purchasing policy, which is currently an Administrative Policy. • Ordinance to remove 3.32.030 and 3.32.040 (and possibly other redundancies) from the TMC. Legislation supporting these goals has been prepared after a thorough cross -departmental and City Attorney review process. This is a significant step that will make future updates easier to manage. Staff recommends regular review and expansion of a few sections in future years. 151 INFORMATIONAL MEMO Page 2 PROPOSALS Below is a summary of the proposals and documents attached to this memo. 1. Table explaining new proposed Financial Policies document This attachment walks through the proposed new Financial Policies and indicates which are new, which are modifications from existing policies, and the source of the existing policy. There is also a section explaining policies proposed for deletion. 2. Resolution adopting Financial Policies and Repealing Resolution Nos. 1919 and 1950 This resolution and its attachment proposes a new, reformatted financial policy document to replace that adopted by Resolution 1950 and incorporates the current financial reserve policy adopted by Resolution 1919 3. Resolution adopting a Purchasing Policy The City's purchasing policies are currently located in various documents, which is often confusing. The proposal consolidates and reformats the policies in a format that will be a more effective resource for Council and staff. 4. Ordinance repealing 3.32.030 and 3.32.040 Staff proposes repealing these sections from the Municipal Code in an effort to consolidate purchasing policies in one source, the new proposed Purchasing Policy. These code provisions cause confusion, and appropriate signing authority and controls are covered in the new proposed Purchasing Policy. 5. Documents proposed for repeal To provide transparency, this section includes the documents being proposed for repeal via the mechanisms described above. RECOMMENDATION Staff is seeking Council approval of a resolution adopting financial policies, a resolution adopting a purchasing policy, and an ordinance to remove 3.32.030 and 3.32.040 from the Municipal Code. ATTACHMENTS 1. Table explaining proposed Financial Policies 2. Proposed Resolution adopting Financial Policies 3. Proposed Resolution adopting Purchasing Policy 4. Proposed Ordinance repealing 3.32.030 and 3.32.040 5. Proposed Repeals a. Resolution 1919 b. Resolution 1950 c. TMC 3.32.030 and 3.32.040 152 Table explaining new Financial Policies Document — Revised 11/17 to show Committee recommendation and minor housekeeping edits Committee Recommendation Agree Agree Agree v 4) L Q v 4) L Q ) 4) L Q Agree, but strikeout is new since committee Source d 0 0 O. s. d a) z a) z bA C d b0 .0 m(-.1 cu z a) z a)cua) z z z u .o O. The City of Tukwila is accountable to the public and shall maintain the fiscal integrity of its operating, debt service, and capital budgets while providing an appropriate level of public services within the City's fiscal responsibility. The City's Financial Policies are intended to provide guidelines for the financial planning and internal financial management of the City. The City of Tukwila shall prepare and adopt a biennial budget in accordance with RCW Chapter 35A.34, and Tukwila Municipal Code (TMC) Chapter 3.30. Fiscal years begin January 1 and end December31. The budget shall be prepared with a priority -based approach that enables resources to be allocated to the programs and services that provide the greatest value to the community. The budget must be developed in accordance with the policies and priorities set forth in long-term policy documents including the Equity Policy, Strategic Plan, Comprehensive Plan, City Council and community priorities, and federal and state laws. Within each budget cycle, the budget should be structurally balanced, which means that ongoing expenditures shall be provided for by anticipated ongoing revenue and one-time revenue should only be used for one-time expenditures unless explicitly authorized by the City Council. The City shall maintain a six-year Capital Improvement Program and update it with each budget cycle to ensure that all costs, including operation and maintenance, are addressed. Number —1-1 �N N N 153 154 Agree Agree Agree Agree a, a, a.o Q a, a, a.o Q a, a, a.o w a, CLO Modification of existing Policy FP -1 Modification of existing Policy G F-3 Revenues New Modification of existing Policy GF -1 Modification of existing Policy FP -2 a) z Expenditures a) z New As part of each biennial budget process, the City shall prepare six-year expenditure and revenue forecasts for the principal operating and capital funds. Revenues will be estimated on a conservative basis. Increases gr ater than inflation in the schedule known as the 6 Y ar Financial Plan General Fund Revenues and Expenditures will require additional documentation. The City Council may informally approve mid -year budget amendments by motion prior to the submission of a comprehensive formal budget amendment at the end of the fiscal year. Budget amendments during the y ar may be approved by budget motion until the end of the budget y ar, at which time a formal comprehensive budget amendment is submitted. The City will maintain a diversified and stable revenue system to shelter it from short-term fluctuations The City shall develop and maintain a comprehensive schedule of fees and charges, which should be reviewed biennially. The City's various user charges and fees shall be reviewed at least every three y ars for proposed adjustments based on services provided and comparisons with other jurisdictions. The City shall develop and maintain a Revenue Guide that describes major revenue sources available to the City of Tukwila. Major revenue sources will require explanation in the document known as Notes to 6 Year Financial Plan Revenues, Expenditures and Fund Balance Revenue sources should be reviewed in off -budget years to account for inflation, to stay in line with market, or to ensure cost recovery at a prescribed level depending on the revenue source. The City shall maintain expenditure categories according to state statute and administrative regulation known as the State Auditor's Budgeting, Accounting, and Reporting System (BARS). Operating expenditures within funds must be supported by the operating revenues generated by that fund. ,4 N to N ca co M L co -a co ca d' d' 154 155 Agree Agree Add language clarifying that committee approval is required only when there is a local match. a, E' bO Agree a, a) hA v z N C lQ L 0 Modification of existing policies GF -4 and FP -4 Modification of existing CIP Policy 12 Capital Improvement Program Existing CIP Policy 18 Existing CIP Policy 11 Existing CIP Policy 12, modification of existing policy FP -5 Purchasing will be conducted with appropriate internal controls, observe fair and ethical business practices, and use wise and prudent judgement in the expenditure of public funds The City shall, whenever practical and advantageous, pursue grant funding. All potential grants shall be examined carefully for matching requirements, and to determine whether programs must be continued with local resources after grant funds are exhausted. The City shall, whenever practical and advantageous, take advantage of grants, loans or other external financial sources. With the exception of capital improvement program grants requiring a local match, staff shall report to and scck the approval of the appropriate Council Committee before finalizing the grant. Staff shall obtain approval from the appropriate City Council Committee before applying for grants requiring a local match, and the Committee Chair shall report for approval the proposed applications to the full Council. Grant applications shall be made only for projects listed in the six year Capital Improvement Program. staff shall also get obtain City Council approval from the full Council before accepting grants prior to accepting grant agreements in amounts above the Mayor's signing authority. Transportation improvements will be coordinated with related improvements such as utility, landscaping, sidewalks, etc. Whenever feasible, capital improvements shall be coordinated with related improvements of adjacent jurisdictions. .. . - ... ---- - -- -• - -- . - - . - • - - -. ---- otherjurisdictions Capital Improvement Program projects shall, whenever possible, take advantage of grants, loans or other financing external to the City. If the proposed grants or mitigation are either not funded or are reduced, the City Council will re-evalute the respective project will be reevaluated on the basis of its value and priority level placement in the Capital Improvement Program. Li 155 156 °Jv Agree Agree v v Agree Agree Agree v tlo L tto b.0 b.0 IDA Q Q Q Q Q Existing CIP Policy 9 Existing CIP Policy 7 Existing CIP Policy 8 Modification of existing CIP Policy 4 Existing CIP Policy 14 Existing CIP Policy 6 Existing CIP Policy 2 Existing CIP Policy 5 Existing CIP Policy 13 Existing CIP Policy 10 Residential streets with safety issues, high traffic volumes, high pedestrian activity and poor roadway conditions will be considered the highest priority projects. Residential street designs will follow basic designs for arterials, collectors, and local access streets. Designs to accommodate individual properties shall be avoided. Design of connecting streets is strongly encouraged. The City strongly encourages design of connecting streets. For City -scheduled projects located on residential streets, the City will evaluate for inclusion the costs of undergrounding the overhead utilities that exist within the right of way. require the undergrounding of new electrical and communication facilities pursuant to TMC Chapter 11.28. Street and road improvement projects on slopes will include roadside plantings wherever feasible to help mitigate the land used for roadway and sidewalk improvements. Donation of the property needed for rights-of-way and easements shall be pursued. Latecomer agreements, where appropriate, shall be considered an acceptable means of funding capital projects, improvements and replacements, in whole or in part. Right-of-way agreements for cable and electrical services should be utilized to discourage excessive wiring throughout the City. Current arterial street improvements determined in the six-year CIP may be funded through a Local Improvement District (LID) or financing external to the City. The City may participate using operating revenues, grants or bonds based on health and safety needs or public benefit. The City may participate in the funding by financing the preliminary engineering design and professional service costs associated with planning and creating the LID. A majority of citizens property owners on a street may petition the City to set up an LID to pay for residential street improvement projects, sidewalks and undergrounding of utilities. The City will evaluate the possibility of paying for the design, preliminary engineering, construction engineering, and LID formulation. The residents will pay for undergrounding utilities in the street, undergrounding from the street to their residence, the actual construction costs, and any improvements on private property such as rockeries, paved driveways, or roadside plantings. • -6 a; ,4 a.oE CD CD CD CD 156 a) EL) ao Q Add language clarifying that there are code requirements around use of REET. a) 2 a.o Agree Agree Agree a) a, a.o Agree Agree Agree a) a, a.o Existing CIP Policy 16 Existing CIP Policy 15 Existing CIP Policy 21 Existing CIP Policy 20 Existing CIP Policy 22 Enterprise Fund a, z Existing CIP Policy 1 Existing Policy FP -8 Existing Policy FP -9 Existing Policy FP -10 Existing CIP Policy 3 Non -transportation capital projects and improvements {i.e. new community center) should be funded by operating revenues, grants or bonds as determined in the six-year Financial Planning Model. Tthe first 1/4 cent Real Estate Transfer Tax (REET) shall be dedicated to park and nd the second 1/4 cent shall be used for arterial streets, along with the parking cts identifies other priorities consistent with state law distribution of REET funds. • Street and road improvement projects shall be evaluated for the inclusion of features that support the City's "Walk and Roll Plan" in order to encourage walking, bicycling, and transit use of public transit. Policies will be reviewed annually and in concert with the adoption of growth management policies to ensure continuity. Transportation impact fees shall be collected so that "growth may pay for growth" and growth -caused improvements may be constructed. Utility fund expenditures shall be fully supported by their own rates, fees, and charges and not subsidized by the General Fund. Utility rates should be structured to ensure adequate infrastructure development and replacement. Each Enterprise Fund shall be reviewed bi-annually to ensure and it must have a rate structure adequate to meet its operations, maintenance, and long-term capital requirements. Enterprise Fund rate increases shall be small, applied frequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. Enterprise Fund rate increases of external agencies '.-. - : :. - • - : - :. -• . - . - - . -- - - - -s) will be passed through to the customer users of the utility. Infrastructure improvements such as water reuse should consider conservation of resources such as water and electricity. CD O lfl Q Cfl & Cfl CD co N- N- Li N- -O N- ai N- ti 157 158 Agree Agree Agree Agree Agree Agree Agree a, '.1_' ttoQ Debt New. The bulk of the debt policy is in Resolution 1840, so we cross reference it here. Reserves v z Existing policy from Resolution 1919. Existing policy from Resolution 1919. Existing policy from Resolution 1919 Existing policy from Resolution 1919 Existing policy from Resolution 1919 Investments v z Appropriate management of debt is an important factor in measuring the City's financial performance and condition. Prudent financial management dictates that some portion of funds available to the City be reserved for future use At the close of each fiscal year, the General Fund unassigned balance shall equal or exceed 18% and the Contingency Fund reserve balance shall equal or exceed 10% of the previous year General Fund revenue, exclusive of significant non-operating, non-recurring revenues such as real estate sales or transfers in from other funds. At the close of each fiscal year, the unrestricted balances of the Enterprise Funds shall equal or exceed 20% of the previous year revenue, exclusive of the effects of GASB Statement 68, as well as significant non-operating, non-recurring revenues such as real estate sales, transfers in from other funds or debt proceeds. Use or draw down of minimum balances shall occur only upon recommendation of City Administration and approval by City Council through a resolution. Should use or draw down occur, the City Administration shall establish a plan, no later than the end of the fiscal year following the year of decline, to restore the fund balance to the prescribed minimum level. The plan shall be presented to and approved by the City Council. A One-time Revenue Reserve shall be established and maintained in the Contingency Fund. The One-time Revenue Reserve shall be credited annually with 10% of the prior year one-time revenues to the extent General Fund surplus for the year is sufficient to cover the reserve funding. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council resolution. The City shall maintain a reserve in each of its self-insured health care funds in an amount equal to 1.5 times, or 150%, of the actuarially determined IBNR (incurred but not reported) balance. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council resolution. The City will strive to maximize the return on its investments with the primary objective of preserving capital in accordance with city policy and prudent investment practices. c6 CO C6 61 xi Cr) Li 61 61 a; C) 4 61 rci O .--I 158 159 Agree a) a, a.o a) a, (0.o Agree Minimum Reporting Requirements Existing Policy G F-2 a) z Modification of existing Policy G F-6 Modification of existing policy from Resolution 1919 The Finance Director shall provide a financial status update at least quarterly. City Administration shall provide the City Council with financial reports that reflect actual performance in various expenditures and revenues City Administration shall provide the City Council with a quarterly report of all newly -executed contracts, including the amount, responsible department, scope of work, and expiration date. The City Council shall receive an updated list of all contracts every quarter, including the amount, responsible department, scope of work, and expiration date. Once the annual audit is complete, City Administration shall provide a report to the City Council showing compliance with the Financial Reserve Policy. A report showing compliance with the Financial Reserve Policy shall be provided to the City Council on an annual basis, no later than July 1 of each year. ca —1 —1 v -d —1 —1 159 160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINANCIAL POLICIES, AND REPEALING RESOLUTION NOS. 1919 AND 1950. WHEREAS, the City Council is committed to the highest standard of financial management; and WHEREAS, financial policies adopted by the legislative body are a best practice to provide written guidance for how local government officials and staff should approach fiscal issues and core financial areas; and WHEREAS, financial polices outline a clear vision of how the City of Tukwila will manage its financial resources to provide the best value to the community; and WHEREAS, periodically updating and revising financial policies are important steps toward ensuring consistent and rational financial management; and WHEREAS, financial policies have traditionally existed in many different documents and the City Council desires to minimize confusion and eliminate redundancies or conflicts by consolidating financial policy direction to the extent feasible; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Financial Policies attached hereto as Exhibit A are adopted. Section 2. The Financial Policies shall be reviewed on at least a biennial basis and updated as necessary. Section 3. Repealer. Resolution Nos. 1919 and 1950 are hereby repealed. CC: \Legislative Development\Financial Policies 10-29-20 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 161 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment: Exhibit A — Financial Policies CC: \Legislative Development\Financial Policies 10-29-20 LH:bjs Review and analysis by Barbara Saxton Page 2 of 2 162 Text in track changes shows revisions made after the 11/9/20 Finance Cmte meeting. Financial Policies Section 1. Purpose a. The City of Tukwila is accountable to the public and shall maintain the fiscal integrity of its operating, debt service, and capital budgets while providing an appropriate level of public services within the City's fiscal responsibility. b. The City's Financial Policies are intended to provide guidelines for the financial planning and internal financial management of the City. Section 2. Budgeting Cross references: TMC Chapter 3.30 a. The City of Tukwila shall prepare and adopt a biennial budget in accordance with RCW Chapter 35A.34, and Tukwila Municipal Code (TMC) Chapter 3.30. Fiscal years begin January 1 and end December 31. b. The budget shall be prepared with a priority -based approach that enables resources to be allocated to the programs and services that provide the greatest value to the community. c. The budget must be developed in accordance with the policies and priorities set forth in long-term policy documents including the Equity Policy, Strategic Plan, Comprehensive Plan, City Council and community priorities, and federal and state laws. d. Within each budget cycle, the budget should be structurally balanced, which means that ongoing expenditures shall be provided for by anticipated ongoing revenue and one-time revenue should only be used for one-time expenditures unless explicitly authorized by the City Council. e. The City shall maintain a six-year Capital Improvement Program and update it with each budget cycle to ensure that all costs, including operation and maintenance, are addressed. f. As part of each biennial budget process, the City shall prepare six-year expenditure and revenue forecasts for the principal operating and capital funds. Revenues will be estimated on a conservative basis. g. The City Council may informally approve mid -year budget amendments by motion prior to the submission of a comprehensive formal budget amendment at the end of the fiscal year. Section 3. Revenues Cross references: TMC Title 3 a. The City will maintain a diversified and stable revenue system to shelter it from short-term fluctuations. b. The City shall develop and maintain a comprehensive schedule of fees and charges, which should be reviewed biennially. Financial Policies strike -through 11-17-20 Page 1 of 5 163 1 1 164 Section 3. Revenues (continued) c. The City shall develop and maintain a Revenue Guide that describes major revenue sources available to the City of Tukwila. d. Revenue sources should be reviewed in off -budget years to account for inflation, to stay in line with market, or to ensure cost recovery at a prescribed level depending on the revenue source. Section 4. Expenditures Cross references: - Purchasing Policy (Resolution TBD) - Procurement Card Policy (Resolution No. 1750) - Expense Reimbursement Policy (Resolution No. 1874) a. The City shall maintain expenditure categories according to state statute and administrative regulation known as the State Auditor's Budgeting, Accounting, and Reporting System (BARS). b. Operating expenditures within funds must be supported by the operating revenues generated by that fund. c. Purchasing will be conducted with appropriate internal controls, observe fair and ethical business practices, and use wise and prudent judgement in the expenditure of public funds. Section 5. Grants Cross references: Grant Policy/Procedure in progress a. The City shall, whenever practical and advantageous, pursue grant funding. All potential grants shall be examined carefully for matching requirements, and to determine whether programs must be continued with local resources after grant funds are exhausted. b. Staff shall obtain approval from the appropriate City Council Committee before applying for grants requiring a local match, and staff shall obtain City Council approval prior to accepting grant agreements in amounts above the Mayor's signing authority. Section 6. Capital Improvement Program (CIP) a. Transportation improvements will be coordinated with related improvements such as utility, landscaping, sidewalks, etc. b. Whenever feasible, capital improvements shall be coordinated with related improvements of adjacent jurisdictions. c. Capital Improvement Program projects shall, whenever possible, take advantage of grants, loans or other financing external to the City. If the proposed grants or mitigation are either not funded or are reduced, the City Council will reevaluate the respective project on the basis of its value and priority level placement in the Capital Improvement Program. Financial Policies strike -through 11-17-20 Page 2 of 5 Section 6. Capital Improvement Program (CIP) (continued) d. Residential streets with safety issues, high traffic volumes, high pedestrian activity and poor roadway conditions will be considered the highest priority projects. e. Residential street designs will follow basic designs for arterials, collectors, and local access streets. Designs to accommodate individual properties shall be avoided. f. Design of connecting streets is strongly encouraged. g. For City -scheduled projects located on residential streets, the City will require the undergrounding of new electrical and communication facilities pursuant to TMC Chapter 11.28. h. Street and road improvement projects on slopes will include roadside plantings wherever feasible to help mitigate the land used for roadway and sidewalk improvements. i. Donation of the property needed for rights-of-way and easements shall be pursued. Latecomer agreements, where appropriate, shall be considered an acceptable means of funding capital projects, improvements and replacements, in whole or in part. k. Right-of-way agreements for cable and electrical services should be utilized to discourage excessive wiring throughout the City. I. Current arterial street improvements determined in the six-year CIP may be funded through a Local Improvement District (LID) or financing external to the City. The City may participate using operating revenues, grants or bonds based on health and safety needs or public benefit. The City may participate in the funding by financing the preliminary engineering design and professional service costs associated with planning and creating the LID. m A majority of property owners on a street may petition the City to set up an LID to pay for residential street improvement projects, sidewalks and undergrounding of utilities. The City will evaluate the possibility of paying for the design, preliminary engineering, construction engineering, and LID formulation. The residents will pay for undergrounding utilities in the street, undergrounding from the street to their residence, the actual construction costs, and any improvements on private property such as rockeries, paved driveways, or roadside plantings. n. Non -transportation capital projects and improvements should be funded by operating revenues, grants or bonds as determined in the six-year Financial Planning Model. o. Pursuant to TMC Chapters 3.56 and 3.60, Tthe first 1/4 cent Real Estate Transfer Tax (REET) shall be dedicated to park and open space land acquisition, and the second 1/4 cent shall be used for arterial streets, along with the parking tax, unless the City Council identificcenacts other priorities consistent with state law distribution of REET funds. J. Financial Policies strike -through 11-17-20 Page 3 of 5 165 Section 6. Capital Improvement Program (CIP) (continued) p. Street and road improvement projects shall be evaluated for the inclusion of features that support the City's "Walk and Roll Plan" in order to encourage walking, bicycling, and use of public transit. Policies will be reviewed annually and in concert with the adoption of growth management policies to ensure continuity. r. Transportation impact fees shall be collected so that "growth may pay for growth" and growth -caused improvements may be constructed. q. Section 7. Enterprise Funds a. Utility fund expenditures shall be fully supported by their own rates, fees, and charges and not subsidized by the General Fund. b. Utility rates should be structured to ensure adequate infrastructure development and replacement. c. Each Enterprise Fund shall be reviewed bi-annually to ensure a rate structure adequate to meet its operations, maintenance, and long-term capital requirements. d. Enterprise Fund rate increases shall be small, applied frequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. e. Enterprise Fund rate increases of external agencies will be passed through to the customer. f. Infrastructure improvements such as water reuse should consider conservation of resources such as water and electricity. Section 8. Debt Cross references: Debt Policy (Resolution No. 1840) a. Appropriate management of debt is an important factor in measuring the City's financial performance and condition. Section 9. Reserves a. Prudent financial management dictates that some portion of funds available to the City be reserved for future use. b. At the close of each fiscal year, the General Fund unassigned balance shall equal or exceed 18% and the Contingency Fund reserve balance shall equal or exceed 10% of the previous year General Fund revenue, exclusive of significant non- operating, non-recurring revenues such as real estate sales or transfers in from other funds. Financial Policies strike -through 11-17-20 Page 4 of 5 166 Section 9. Reserves (continued) c. At the close of each fiscal year, the unrestricted balances of the Enterprise Funds shall equal or exceed 20% of the previous year revenue, exclusive of the effects of GASB Statement 68, as well as significant non-operating, non-recurring revenues such as real estate sales, transfers in from other funds or debt proceeds. d. Use or draw down of minimum balances shall occur only upon recommendation of City Administration and approval by City Council through a resolution. Should use or draw down occur, the City Administration shall establish a plan, no later than the end of the fiscal year following the year of decline, to restore the fund balance to the prescribed minimum level. The plan shall be presented to and approved by the City Council. e. A One-time Revenue Reserve shall be established and maintained in the Contingency Fund. The One-time Revenue Reserve shall be credited annually with 10% of the prior year one-time revenues to the extent General Fund surplus for the year is sufficient to cover the reserve funding. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council resolution. f. The City shall maintain a reserve in each of its self-insured health care funds in an amount equal to 1.5 times, or 150%, of the actuarially determined IBNR (incurred but not reported) balance. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council resolution. Section 10. Investments (Cross references: TMC 3.28, Resolution 1828, a. The City will strive to maximize the return on its investments with the primary objective of preserving capital in accordance with city policy and prudent investment practices. Section 11. Minimum Reporting Requirements a. The Finance Director shall provide a financial status update at least quarterly. b. City Administration shall provide the City Council with financial reports that reflect actual performance in various expenditures and revenues. c. City Administration shall provide the City Council with a quarterly report of all newly -executed contracts, including the amount, responsible department, scope of work, and expiration date. d. Once the annual audit is complete, City Administration shall provide a report to the City Council showing compliance with the Financial Reserve Policy. Financial Policies strike -through 11-17-20 Page 5 of 5 167 168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A PURCHASING POLICY. WHEREAS, the City Council is committed to the highest standard of financial management; and WHEREAS, the expenditures of public funds for the purchase of and contracting for goods, services, supplies, and materials must comply with all applicable state and local requirements; and WHEREAS, a comprehensive purchasing policy helps ensure that public funds are spent in the most economical and transparent way possible; and WHEREAS, the City Council desires to minimize confusion and eliminate redundancies or conflicts by consolidating and updating the City's procurement policies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Purchasing Policy attached hereto as Exhibit A is adopted. Section 2. City of Tukwila Administrative Policies 100-09, 300-002, 300-03, 300-07, 300-11, 900-03, are superceded. Section 3. The Purchasing Policy shall be reviewed on at least a biennial basis and updated as necessary. CC:\Legislative Development\Adopting a Purchasing Policy 10-30-20 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 169 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment: Exhibit A — Purchasing Policy CC:\Legislative Development\Adopting a Purchasing Policy 10-30-20 LH:bjs Review and analysis by Barbara Saxton Page 2 of 2 170 Text in track changes (Pgs. 4 and 15) show revisions made after the 11/9/20 Finance Cmte meeting. CITY OF TUKWILA PURCHASING POLICY TABLE OF CONTENTS 1. Procurement Policy Table 1 2. Administration 2 A. Purpose B. Controlling Laws C. Compliance with Policy D. Signing Authority and Approval 3. Determining Total Cost 2 A. Anticipated Cost B. Prohibition on "Bid Splitting" C. Total Costs to Include 4. Vendor Relations 3 A. Ethics of Procurement B. Buy Local C. Environmental Sustainability D. Social Equity 5. Grants and Federal Funding 4 A. General Rule B. Purchases of Goods or Service Reimbursable from a Federal Grant 6. Controlled Commodities 6 7. Types of Projects and Contract Approval Levels 6 A. Public Works B. All Other Types of Purchases 8. Threshold Cost Negotiation Requirements 6 A. $10,000 or Less: Direct negotiation B. $10,000-$50,000: 3 quotes needed C. $50,000 or More: Competitive bids i 171 9. Public Works Projects 7 A. Defining Project Costs B. City Labor C. Bid Requirements D. Small Works Roster E. Limited Public Works Process F. Prevailing Wages G. Bid Deposit, Performance Bond, and Payment Bond H. Retainage I. Public Works over $1 Million 10. Competitive Bidding Process 9 A. Public Notice B. Bid Specifications C. Award D. Cancellation E. Bid Submittal F. Bid Security G. Non -Collusion Affidavit 11. Service Categories 11 A. Professional Architectural and Engineering Services B. Personal Services C. Purchased Services 12. Materials, Supplies, Equipment (unrelated to Public Works, Services, A&E) 12 13. Exceptions to the Competitive Process 13 14. Disposal of Surplus Property 14 A. Policy Statement B. Definitions C. Procedures 15. Additional Considerations 15 A. Certificates of Insurance B. State Contractor's License C. City Business License 16. References 16 17. Glossary 16 172 1. PROCUREMENT POLICY TABLE PROJECT TYPE CITY/TOWN COMPETITIVE BIDDING REQUIREMENTS Public Works Project Same Requirement for ALL cities If your project is: <$75,500 $75,500 $350,000 >$350,000 Type of Bidding Required: Minimal Competition Process Small Works Roster Formal Competitive Bidding Agencies may seek quotes directly from individual vendors. No competitive bidding required. List of qualified contractors who can bid for an eligible project below $350,000. (RCW 35.04.155). Requires local agencies to award PW contracts to responsible bidder with lowest responsive bid. Purchase of goods, equipment, supplies, or materials (not connected with PW project) Cities under 20,000 population If your purchase is: <$7,500 $7,500-$15,000 >$15,000 Type of Bidding Required: Minimal Competition Process Vendor List Formal Competitive Bidding Agencies may seek quotes directly from individual vendors. No competitive bidding required. List of vendors who are interested in selling equipment, materials and supplies to the city. (RCW 39.04.190) Required to advertise the solicitation, but there is no required method or timeframe. Sealed bids and public bid opening required. Cities over 20,000 population Type of Bidding Required: State law does not establish any specific bid limits or competitive processes that first-class cities or code cities over 20,000 must follow for purchases. You should establish bid limits and competitive processes in policy. Professional Services Same Requirement for ALL cities Type of Bidding Required: All local governments must follow the same qualifications - based selection (QBS) process outlined in RCW 39.80. You must solicit competitive bids and evaluate them based on qualifications, without regard to cost. Personal Services Same Requirement for ALL cities Type of Bidding Required: State law does not require any thresholds or processes for personal services contracting. If your project receives any federal funding, must comply with federal competitive requirements. Purchased Services Same Requirement for ALL cities Type of Bidding Required: State law does not prescribe any thresholds or processes for purchased services contracting. However, some purchased services may require payment of prevailing wages. 1 City of Tukwila Purchasing Policy strike -through 11-17-2020 173 2. ADMINISTRATION A. Purpose This policy is intended to direct the purchase of goods and services at a reasonable cost. An open, fair, and competitive process is to be used whenever reasonable and possible. It is the City's policy to follow state requirements regarding the expenditure of public funds, to provide a fair forum for those interested in bidding on public contracts and to help ensure that public contracts are performed satisfactorily and efficiently at the least cost to the public while avoiding fraud and favoritism. B. Controlling Laws The expenditures of public funds for the purchase of and contracting for goods, services, supplies, and materials shall comply with all applicable state law requirements as set forth in the Revised Code of Washington (RCW) and the Washington Administrative Code (WAC), in addition to other applicable local and federal laws and regulations. The City Attorney shall be consulted when questions regarding potential conflicts arise. C. Compliance with Policy The City's department heads shall implement, monitor, and enforce these policies. In the event of any conflict in procurement requirements or questions about proper procedure or other requirements, the matter shall be referred to the Finance Director. Willful or intentional violations of public procurement requirements may result in personal penalties, financial liabilities, and/or discipline per RCW 39.30.020. D. Signing Authority and Approval 1) Per RCW 35A.11.010, the City's authority to contract, and be contracted with, is vested in the City Council. City Council has delegated authority to the Mayor to execute contracts and contract modifications that meet the criteria of this Policy. 2) Any City staff member purchasing goods on behalf of the City without proper authorization may be personally liable to the vendor and the City, and subject to disciplinary action. 3) Electronic signatures of authorized City staff may be accepted pursuant to the City's Electronic Signature Policy. 4) All work or any purchase authorized with a particular vendor, consultant, or contractor that cumulatively is expected on a particular project to exceed an annual amount of $20,000 must be in writing, and approved according to the authority provided for within Section 7. 3. DETERMINING TOTAL COST A. Anticipated Cost The anticipated annual need for a good or service (when it can reasonably be projected) shall be used to determine the cost of that good or service, and thus which contract approval level, cost threshold, and other related purchasing requirements apply. City of Tukwila Purchasing Policy strike -through 11-17-2020 174 B. Prohibition on "Bid Splitting" The breaking of any project into units, or accomplishing any project by phases, is prohibited if it is done for the purposes of avoiding compliance with bidding statutes. RCW 35.23.352(1). To avoid bid splitting: 1) Combine all phases of a public work project when estimating cost. 2) Combine the total of foreseen identical items purchased at the same time or within a calendar year's time, in which the cost exceeds competition limits (i.e. office supplies, laundry services, janitorial paper products, etc.) 3) Items that are designed, or intended to be used together (i.e., water meters and covers), and the cost exceeds competition limits, should be bid together. C. Total Costs to Include Include costs such as taxes, freight, and installation charges when determining which cost threshold applies. Do not include the value of a trade-in. Trade-in value should be considered, however, to determine the lowest bid when competitive bidding is used. Further requirements for the total quantity of an item (when they can be reasonably projected) should be considered when determining which cost threshold and related purchasing requirements apply. Finally, if a project is to be completed in phases, the total accumulated cost for all phases should be considered when determining which cost threshold applies. 4. VENDOR RELATIONS A. Ethics of Procurement The City is committed to providing a very fair, transparent and equitable process to our purchases. We ask all staff participating in a solicitation and/or award process to be thoughtful of any perceived or actual conflicts of interest. See Tukwila Municipal Code (TMC) Section 2.95.030 ("Code of Ethics for Employees and Appointed Officials") for more information. The City seeks to avoid situations that involve conflicts of interests or the appearance of such conflicts based on inappropriate opportunities to influence the solicitation and/or award process. The City uses the measures of how a reasonable person would perceive the situation. A reasonable person standard might consider how the situation would appear if covered by a news story or viewed from the perspective of a public interest group. Common questions to ask are: Could you comfortably explain your actions? Would taxpayers believe you were acting in their best interest? City staff should refuse gifts, meals and invitations to events such as concerts or sporting events, that could be reasonably perceived as: improperly influencing performance of your official duties; a reward for awarding a contract; or offered or given to influence, find favor, or with a reasonable expectation of creating an obligation to the giver. Vendors are prohibited from offering gifts during the solicitation and ensuing contract award process. Contact the City Attorney for assistance if you encounter unusual situations. Finally, contact the City Attorney before initiating a contract with a former City employee to determine if doing so would create an actual conflict of interest or the appearance of a conflict of interest. 3 City of Tukwila Purchasing Policy strike -through 11-17-2020 175 B. Buy Local It is the City's policy to take affirmative steps to encourage local businesses to apply to participate in the procurement process. Further, to the extent legally possible, the City will consider the use of those local businesses in order to support and enhance the local economy. C. Environmental Sustainability The City is committed to the protection of the environment and has taken steps towards becoming more sustainable. Accordingly, departments are strongly encouraged to purchase recycled and other environmentally preferable products whenever practicable and to encourage this of their contractors. However, nothing in this policy shall be construed as requiring the purchase of products that do not perform adequately or are not available at a reasonable price. D. Social Equity To the extent possible, theThe City shall endeavor to contract with minority-owned businesses and contractors and materials suppliers pursuant to the goals outlined in the City's Equity Policy, which provides guidance to City elected officials, staff, boards and commissions, partners, residents, businesses and guests on how to actively promote equitable access to opportunities and services. 5. GRANTS AND FEDERAL FUNDING A. General Rule Not all grant funded projects are covered by this policy because many of the grants have their own procurement requirements. Grant Managers are responsible for grant purchases, but shall consult with Finance Director or designee prior to initiating any grant purchases. Grant managers are responsible for ensuring all grant purchases comply with grant procurement requirements. B. Purchases of Goods or Service Reimbursable from a Federal Grant When spending federal funding, the City complies with the Uniform Administrative Requirement, Cost Principals, and Audit Requirements for Federal Awards (Uniform Guidance) published in Title 2 of the Code of Federal Regulations (2 CFR 200), specifically 2 CFR 200.318 through 200.326, which can be accessed HERE. Please note that all grants are different, so one size does not fit all. Some grants simply require you to use your own procurement rules, while others require you to insert their contracting clauses into your contract. However, some general guidelines from the Uniform Standards are outlined below: 1) Section 200.62 of the Uniform Guidance requires and defines internal control over compliance requirements for federal awards to mean a process implemented by the City designed to provide reasonable assurance regarding the achievement of the following objectives for Federal awards: a. Transactions are properly recorded and accounted for, in order to: i. Permit the preparation of reliable financial statements and Federal reports; ii. Maintain accountability over assets; and iii. Demonstrate compliance with Federal statutes, regulations, and the terms and conditions of the Federal award; City of Tukwila Purchasing Policy strike -through 11-17-2020 176 b. Transactions are executed in compliance with: i. Federal statutes, regulations, and the terms and conditions of the Federal award that could have a direct and material effect on a Federal program; and ii. Any other Federal statutes and regulations that are identified in the Compliance Supplement; and iii. Funds, property, and other assets are safeguarded against loss from unauthorized use or disposition. 2) Section 200.320 of the Uniform Guidance requires the City to ensure that purchases are procured in accordance with the following guidelines: a. Procurement of $3,000 and under: To the extent practicable, the City must distribute these purchases equitably among qualified suppliers. Purchases may be awarded without soliciting competitive quotations if the City considers the price to be reasonable. b. Procurement between $3,000 and $150,000: Price or rate quotations must be obtained from an adequate number of qualified sources. c. Procurement above $150,000: Sealed Bids or Competitive Proposals or Sole Source: i. Sealed Bids— Bids are publicly solicited and a fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. ii. Competitive Proposals — Used when more than one source has submitted an offer, and either a fixed price or cost -reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. 3) Appendix II to Part 200 — Contract provisions for city contract under federal awards requires the City to verify that all contractors are not suspended or debarred from Federal funding. Prior to executing a federal -aid agreement, the City must verify status with the System for Award Management (SAM) at www.sam.gov/portal/public/sam to determine if the contractor/consultant has been excluded from bidding on a federal aid contract. SAM is the electronic version of the Lists of Parties Excluded from Federal Procurement and Non -Procurement Programs (Lists), which identifies those parties that have been suspended, debarred, otherwise excluded from bidding on federal contracts or consultants that will not be eligible for federal aid reimbursement. 4) Pursuant to the Washington Secretary of State Local Government Records Retention Schedule, financial records pertaining to the purchase must be retained in accordance with the applicable Washington State Records Retention schedule. Further, each City Department awarded grant services shall maintain records of all purchases and be responsible for following grant requirements. 5 City of Tukwila Purchasing Policy strike -through 11-17-2020 177 6. CONTROLLED COMMODITIES If the cost of the following item(s) is over $75.00, purchase of the item requires approval from the Tukwila Technology and Innovation Services Department Director or designee: A. Computers and related equipment, fax machines, printers, scanners and copiers, cell phones, telephone equipment, pagers, software or systems. B. Anything the Tukwila Technology and Innovation Services Department is requested or required to install, connect, and/or service. 7. TYPES OF PROJECTS AND CONTRACT APPROVAL LEVELS The following types of projects and contract approval levels are intended to be for projects with previously allocated funds approved by City Council. A. Public Works: 1) $20,000 or less Approved by Public Works Director 2) $20,001 to $39,999Approved by Mayor, provided the project is in the Capital Improvement Program (CIP). 3) $40,000 or more Approved by City Council All public works projects must be within the CIP budget. If additional funds are required, the request must be approved by City Council. B. All other types of purchases (professional services, personal services, purchased services, materials/supplies/equipment): Professional services provided by a consultant that fall under architecture, engineering, land surveying, or landscape architecture. Contract approval levels: 1) $20,000 or less Approved by Department Director 2) $20,001 to $39,999 Approved by Mayor 3) $40,000 or more Approved by City Council Cost modifications that, either singly or combined with all previous modifications, increase the total contract amount from under to over the $40,000 signature threshold shall be approved by City Council. 8. THRESHOLD COST NEGOTIATION REQUIREMENTS The following cost thresholds apply for purchases of supplies, equipment, and non-professional services. Non-professional services include routine and continuing functions predominately related to physical activities. The cost thresholds below do not apply to purchase constituting public works or professional services (including architectural or engineering services). Refer to Section 12 for situations involving sole source or emergency purchases. City of Tukwila Purchasing Policy strike -through 11-17-2020 178 A. $10,000 or Less: Direct negotiation Purchases in this price range may be entered into through direct negotiation. Competition is not required, though departments should still make every effort to receive the best price possible. Documentation on all quotes should be retained. B. $10,000 to $50,000: 3 quotes needed For purchases in this price range, at least three quotes shall be obtained. Quotes may be obtained by telephone or in writing. Documentation on all quotes will be retained. The documentation will include the date, time, vendor contact name, phone number, email (if applicable), price quoted and any reasons for acceptance or refusal of the quote. C. $50,000 or More: Competitive Bids For purchases in this price range, competitive bids shall be obtained from at least 3 vendors. Bids do not need to be sealed but shall be in writing. See Section 10 on competitive bidding for a detailed description of the procedures to be followed. 9. PUBLIC WORKS PROJECTS Public works projects are defined by RCW 39.04.010 to include but are not limited to work, construction, alteration, repair, or improvement (other than ordinary maintenance, engineering analysis, and design and other professional services) executed at the City's cost, or which is by law a lien or charge on any property therein. If the City contracts out for maintenance or repairs, the work is a public work for bidding and prevailing wage purposes. A. Defining Project Costs The cost of a public works project includes the costs of materials, supplies, equipment, and labor on the construction of that project. It is important to determine the estimated total construction of each project in order to correctly apply bid limit dollar amounts to determine if the public works project must be competitively bid. If the total project amount is over the bid thresholds, then all contracts, no matter the individual dollar amount, must be procured through the bid process. The estimate may be prepared by an outside third party; however, the final cost estimate must be validated by the City. B. City Labor The City may use Public Works staff to perform and execute all projects not exceeding $116,155 (multiple crafts), or not exceeding $75,000 (single craft). RCW 35.23.352. These projects include equipment, material, supplies, and labor costs. However, the City must provide a report to the state auditor of the costs of all public works in excess of $5,000 that are not let by contract. For any project using City workers that costs in excess of $25,000, the City must publish a description of the project and its estimated cost in its official newspaper at least 15 days before beginning the work. RCW 39.04.020. C. Bid Requirements Washington State law requires the City to call for bids whenever the cost of a public work will exceed $116,155, if more than one craft or trade is involved. If only a single craft or trade is involved, or if the project is for street signalization or street lighting, bids must be called for if the cost is greater than $75,000. The City has established the following additional guidelines for the bidding process: 7 City of Tukwila Purchasing Policy strike -through 11-17-2020 179 1) Public Works Projects $0 to $500: No competitive bidding is needed. 2) Public Works Projects $501 to $2,500: Solicit 3 informal quotes by telephone or in writing. 3) Public Works Projects $2,501 to $10,000: Solicit 3 informal quotes by telephone or in writing, preferably from the Small Works Roster. 4) Public Works Projects $10,001 to $35,000: Solicit 3 quotes from the Small Works Roster. 5) Public Works Projects $35,001 to $150,000: Solicit quotes from at least five contractors on the Small Works Roster in a manner that will equitably distribute opportunities. 6) Public Works Projects $150,001 to $300,000: Solicit 5 quotes from Small Works Roster and notify the remaining contractors on the Roster that quotes on the work are being sought. 7) Exceptions. If the public works project is $250,000 or greater and is funded in whole or in part with federal funds, a formal bid process is required. This threshold is set by the federal government at 2 CFR § 200.88 and 48 CFR § 2.101 ("Simplified acquisition threshold") and is subject to periodic adjustment for inflation pursuant to 41 U.S.C. § 1908. 8) Public Works Projects More than $300,000: Advertise and call for bids using the formal bid process. All contracts are to be awarded to the lowest responsible bidder. RCW 39.04.350 outlines criteria that a bidder must meet in order to be considered responsible. D. Small Works Roster If the public works contract is less than $350,000, state law authorizes cities to use a small works roster process rather than the general competitive bidding requirements to award public contracts. The City has contracted with MRSC (Municipal Research and Services Center) for the use of a statewide electronic database for small public works contractors, consulting services, and vendors. E. Limited Public Works Process The limited public works process is a type of small works roster process that applies only to contracts estimated to cost less than $50,000. While no advertisement is required, the City must still solicit electronic or written quotations from a minimum of three contractors from the appropriate Small Works Roster. This process is described in RCW 39.04.155(3) and allows the City to waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW. However, prevailing wage affidavits and insurance are still required. Consult with the City Attorney for prior approval when waiving both of these requirements. F. Prevailing Wages The City is required by RCW 39.12.040 to require contractors to pay prevailing wages on all public works contracts. A "Statement of Intent to Pay Prevailing Wages" must be received from a contractor before any payment is made, and an "Affidavit of Wages Paid" must be received following final acceptance of the work. City of Tukwila Purchasing Policy strike -through 11-17-2020 180 G. Bid Deposit, Performance Bond, and Payment Bond The City may require a bid deposit when soliciting competitive quotes or bids. The bid deposit can be in the form of a certified check or bid bond in an amount equal to and not less than 5% of the total bid and shall be specified in the call for bids. All public works contractors shall furnish a performance bond and a payment bond in an amount equal to the total amount of the contract on a form approved by the City Attorney. In lieu of a performance bond on contracts of $150,000 or less, a contractor may request to have 10% of the contract retained for a period of 30 days after the date of final acceptance. The request will be evaluated and accepted or rejected by the City Attorney. H. Retainage Chapter 60.28 RCW outlines the requirements related to retainage. The intent of the retainage is to guarantee that laborers and material suppliers will be protected for payment of any claims arising under the contract and with respect to taxes, increases, penalties or liens related to a public improvement project (RCW 60.28). Retainage may also be used to satisfy tax claims by the Department of Revenue and/or the City, prevailing wage related claims by the Department of Labor and Industries, unemployment compensation related claims by the Employment Security Department, and contract performance claims by the City itself. State law requires the City to withhold up to 5% of the contract price for retainage purposes. I. Public Works over $1 Million RCW 39.30.060 specifies that in order for their bid to be considered responsive, every bidder for a public works contract of over $1 million must submit (either with their bid or within one hour of the bid submittal time) the names of all subcontractors that will be used for heating, ventilation and air conditioning, plumbing and electrical work. 10. COMPETITIVE BIDDING PROCESS A. Public Notice RCW 35.23.352(1) sets out the advertising requirements for the public works bidding process. For all contracts that require bids, notice shall be published in the official newspaper at least 13 days prior to the due date for bids. B. Bid Specifications Bid specifications should incorporate a clear and accurate description of the technical requirements for the material, product, or service to be purchased. Such descriptions should not contain features that unduly restrict competition. When it is impractical or uneconomical to make clear and accurate description requirements, a "brand name or equal" description may be used. The responsibility of demonstrating to the City's satisfaction that a product is "equal" to that specified shall be on the vendor proposing the substitution. Requests for approval of substitutions must be made with sufficient time to allow the City to adequately review the proposal, including time for vendors to respond to questions and requests for additional information or clarification. The City has no obligation to accept proposed substitutions. Acceptance of a substitute product proposed as an "equal" to that specified will be made in writing. If this acceptance occurs prior to the bid, other bidders will be notified to the extent practical. 9 City of Tukwila Purchasing Policy strike -through 11-17-2020 181 C. Award The contract will be awarded to the lowest responsive and responsible bidder whose bid meets the requirements and criteria included in the invitation for bids, or all bids will be rejected. RCW 39.04.350 outlines criteria that a bidder must meet in order to be considered responsible. The City also requires that the contractor must: • Have or agree to obtain a current City business license • Be current with all applicable licenses, taxes, and fees owed to the City of Tukwila In addition, the City adopts the following supplemental criteria which may be used in connection with specified projects: • The ability, capacity, and skill of the bidder to perform the contract or provide the service required • The character, integrity, reputation, judgment, experience, and efficiency of the bidder • Whether the bidder can perform the contract within the time specified • The quality of performance of previous contracts or services • The previous and existing compliance by the bidder with laws relating to the contract or services • Such other information as may be secured having a bearing on the decision to award the contract When using the supplemental criteria described above, the City will include the supplemental criteria in the bidding documents, together with a basis for evaluation, deadline for bidder to submit required documentation, and deadline for bidder to appeal a "not responsible" determination. When a trade-in option exists and is in the City's best interest, the price offered on the trade-in will be considered when determining the lowest responsive and responsible bid. RCW 39.30.040 allows any local sales tax revenue generated by the purchase to be considered in determining the lowest responsive and responsible bid. Other preferences favoring local businesses are not permitted. D. Cancellation An invitation for bids may be cancelled. Additionally, the City (at is sole discretion) may choose to reject any or all bids, in whole or in part. A resolution is the preferred method for rejecting all bids; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. E. Bid Submittal Bids will be submitted as specified in the Invitation for Bid by the appointed date and time listed in the invitation. Each bid will be dated, and time stamped as it is received. Late bids will not be accepted. If the bid is for a sealed bid process, all qualified bids will be opened and read aloud publicly at the appointed time. No City representative shall inform a contractor of the terms or amount of any other contractor's bid for the same project prior to the bid opening date and time. Once bids have been submitted (and opened, if the bids are sealed), the City may not negotiate with bidders. The contract must be awarded to the lowest responsive and responsible bidder, or else all bids must be rejected. A written record shall be made of each contractor's bid on a project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and available by telephone inquiry. City of Tukwila Purchasing Policy strike -through 11-17-2020 182 10 F. Bid Security RCW 35.23.352(1) provides that each bid must be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the City Council for at least 5% of the bid amount, including sales tax. The statute adds that "no bid shall be considered unless accompanied by such bid proposal deposit." G. Non -Collusion Affidavit Each bidder shall be required to warrant that their bid is genuine, and that they have not entered into collusion with other bidders, by submitting with their bid an executed and notarized affidavit on a form approved by the City Attorney. 11. SERVICE CATEGORIES There are several different categories of services, so it is important to determine what service you need because that may guide the manner of solicitation. A. Professional Architectural and Engineering Services Professional architectural and engineering (A&E) services are services provided by any person, other than an employee of the agency, that fall under the general statutory definitions of: • Chapter 18.08 RCW (Architects) • Chapter 18.43 RCW (Engineers and Land Surveyors) • Chapter 18.96 RCW (Landscape Architects) 1) Purchase of A&E services. By law, A&E consultants are first selected based upon their qualifications as opposed to price. See Chapter 39.80 RCW. This statute says that a city may not consider price in the selection process for professional A&E services. Rather, the City must select the most qualified firm and then negotiate a price for the work contemplated. There are two ways to select an A&E consultant: • Use a Request for Proposal (RFP). This requires the City to draft a written scope of the project and list the criteria used to select the consultant from the City's MRSC architectural, landscape architectural, and engineering service roster pursuant to the process in Chapter 39.80 RCW. • Use a Request for Qualifications (RFQ). This requires following the formal RFQ process in Chapter 39.80 RCW. Once consultants have submitted their proposals or qualifications, as applicable, the City will negotiate a contract with the most qualified firm at a price the City deems fair and reasonable. In making its determination, the City will take into account the estimated value of the services to be rendered as well as the scope, complexity, and professional nature of the service to be provided. If the City is unable to negotiate a satisfactory contract with the firm selected at a price that is determined fair and reasonable, negotiations with that firm will be formally terminated. Another firm will then be selected, and the process continued until an agreement is reached or the process terminated. 11 City of Tukwila Purchasing Policy strike -through 11-17-2020 183 2) Publication. RCW 39.80.030 requires that the City shall publish in advance the City's requirement for professional services. The City may comply with this section by: (1) publishing an announcement on each occasion when professional services provided by a consultant are required by the City; or (2) announcing generally to the public its projected requirements for any category or type of professional service to create a Consultant Roster. Advertising for the Consultant Roster must be done at least once a year by MRSC on the City's behalf. The MRSC Consultant Roster will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services. Firms or persons providing consulting services shall be added to the appropriate Roster at any time they submit a written request and necessary records. The City reserves the right to publish an announcement on each occasion when professional services or other consulting services are required. B. Personal Services Personal services are those provided by independent consultants that require specialized knowledge, advanced education, and/or professional licensing to provide intellectual service. This includes but is not limited to accountants, attorneys, strategic planners, studies/analysis, and trainings. Purchases of Personal Services. Personal services can be purchased in a variety of ways. The City can send a written solicitation to qualified firms or individuals describing the needed services. This solicitation should request prices, schedules, and qualifications. If helpful, utilize the MRSC Consultant Roster. Alternatively, develop a formal RFP and advertise for the services desired. C. Purchased Services Purchased services include those provided by vendors for routine, necessary and continuing functions of the City. These services are usually repetitive, routine, or mechanical in nature, support the agency's day- to-day operations, involve the completion of specific tasks or projects, and involve minimal decision- making. There are a number of purchased services, however, that hover over that thin gray line between purchased services and public works contracting. For example, the Department of Labor and Industries considers some service contracts, such as HVAC maintenance or road striping, to be public works projects and subject to public bidding requirements. If a particular contract is very near the gray line, the conservative approach is to consider it a public works contract. Purchases of Purchased Services. Similar to personal services, purchased services can be procured in a variety of ways. The City can obtain quotes, or use a formal bid, or an RFP. If obtaining quotes, include request for price, schedules, and qualifications. Evaluate proposals received and determine the lowest responsive bidder. 12. MATERIALS, SUPPLIES, EQUIPMENT (UNRELATED TO PUBLIC WORKS, SERVICES, A&E) Distinguishing between public works and materials, supplies, and equipment not used in public works is important because different bidding requirements apply to each. Some "materials, supplies, and equipment" not used in connection with a public works project or improvement are fairly easy to identify (rubber bands, fire trucks, copy machines), as well as many "services." Refer to the Procurement Policy Table in Section 1 of this policy, and ask questions if you are uncertain. City of Tukwila Purchasing Policy strike -through 11-17-2020 184 12 13. EXCEPTIONS TO THE COMPETITIVE PROCESS State law provides for exceptions to the bidding requirements outlined in above sections. These exceptions only waive the competitive bidding requirements, not the contractual requirements, approvals, or insurance requirements. City staff may not use personal preference as the basis for claiming a single source of supply. Exceptions to the competitive bidding requirements include: • Purchases that are clearly and legitimately limited to a single source of supply such as: o Licensed or patented good or service o Items that are uniquely compatible with existing equipment, inventory, systems, programs or services o Meets City standards (i.e. water meters) o Factory -authorized warranty services A resolution is the preferred method for sole source purchases; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. • Purchases involving special facilities or market conditions o Item is of special design, shape or manufacture that matches or fits with existing equipment, inventory, systems o Item will be sold before the City can conduct the bid process when over bid thresholds • Purchases in an emergency (see TMC Chapter 2.57, "Emergency Management") A resolution is the preferred method for declaring an emergency as a prerequisite to purchases during an emergency; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. • Inter -Governmental Cooperative Purchases • Purchases of insurance or bonds • Pollution control facilities and some neighborhood "self-help" projects may be exempt from bidding requirements • Cities may hire the state or county to do road projects without going out for bids • Real property. Acquisition of real property is exempt from the competitive bidding requirements of this policy. Upon approval of the City Council, the City Administrator may proceed to acquire real property through negotiation. Such negotiations shall be based upon an independent fee appraisal of the property. 13 City of Tukwila Purchasing Policy strike -through 11-17-2020 185 14. DISPOSAL OF SURPLUS PROPERTY A. Policy Statement City assets in excess of $500 that are no longer useable, are no longer of value to the City, or are surplus to the City's needs may not be removed from City ownership, sold, or in any other way disposed without a declaration by resolution of the City Council. Similarly, items in excess of $100 that are no longer useable, are no longer of value to the City, or are surplus to the City's needs may not be removed from City ownership, sold, or in any other way disposed without approval by the Mayor or City Administrator. All items of $100 or less may be disposed in accordance with the direction of department directors. B. Definitions City Asset means any tangible item purchased with City funds valued in excess of $100. TIS Asset means computers and related equipment, fax machines, printers, scanners and copiers, cell phones, telephone equipment, pagers, software or systems, and anything the Tukwila Technology and Innovation Services Department is requested or required to install, connect, or service. C. Procedures 1) Disposal of City property valued less than $499 shall follow this process: O When a City department determines an item of this value is surplus to its needs, the department shall notify the Mayor's Office and all other City departments of the item's availability, seeking first to reassign its use to another City department. TIS Assets shall be exempt from this notification requirement to City departments other than the Mayor's Office. O If no other departments are interested in the item, it may be disposed in the method seen most prudent by the department director. The director should first notify the Mayor's Office and Finance Department of the intended method of disposal prior to finalizing the process for disposal. 2) Disposal of City property valued at $500 or more shall follow this process: O Reassignment of Assets. When a City department makes a determination that a City or TIS Asset with a value of $500 or more is surplus to its needs, the department shall notify the Mayor's Office. The Mayor's Office shall assess whether the City Asset can be reassigned within another City department where it can be of use or value. TIS Assets shall be exempt from the requirement to be reassigned to other City departments. O Minimum Requirements. If it is not possible to reassign the City Asset or the item is a TIS Asset, the Mayor's Office shall prepare the asset for a declaration of surplus by the City Council. Each asset requiring a declaration of surplus must have a value assigned and a recommended method of disposal. O Methods of Disposal. The primary method of disposal to the general public is by sale. Recognized methods of sale include direct sale, sealed bid, trade-in or auction. Other methods of disposal to the general public must be clearly detailed in writing and must have the consent of the City Council. O Transfer to Another Public Agency. The City Council may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest to do so. Such request shall specify the asset and the inability of the other public agency to otherwise afford to buy it. The City Council may elect to trade assets, authorize the Mayor to negotiate payment or transfer the asset without compensation. City of Tukwila Purchasing Policy strike -through 11-17-2020 186 14 A resolution is the preferred method for surplussing of City property; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. 3) Additional Requirements: O Assets over $50,000. If the value of the asset is estimated to be more than $50,000, and if the sale or conveyance is to another governmental entity, the provisions of RCW Section 39.33.020 shall apply. This includes several requirements, including a public hearing and certain notice provisions. O Utility Assets. If the asset was originally purchased for utility purposes, the provisions of RCW Section 35.94.040 shall apply. This includes several requirements, including a resolute and public hearing. O Trade -Ins: Trade-in of old equipment to upgrade similar or reasonably related equipment is permitted when it is in the best interest of the City. The requesting Department Director shall be responsible for the sale, trade, or other disposition of surplus property and scrap belonging to the City of Tukwila when used for a trade-in. Trade-ins must be negotiated, documented at "Fair Market Value" by the Department Director, and declared surplus ahead of time by the City. Fair Market Value can be determined by finding comparable units that have been sold at online auctions. O Other: If the asset proposed as surplus is evidence released by the Court, seized assets or unclaimed property, the Mayor's Office shall review the appropriate statutes prior to asking the City Council to declare it surplus. 4) Final Determination of Value When disposal is made to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. 5) Prohibited Benefit It is recognized that City Council members and Mayor are prohibited by state law from benefiting from the disposal of public assets of the City. Great care should be taken to assure that a perception of benefit to employees and others doing business with the City does not occur. 6) Delegation of Authority The City Council may elect to delegate the task of declaring items surplus to the Mayor by amending or adding to this policy and identifying the conditions thereof within this policy. If such a delegation is made, the prohibition of benefiting from the disposal of public assets is extended to the Mayor and his/her immediate staff. 15. ADDITIONAL CONSIDERATIONS A. Certificates of Insurance The contractor or consultant may be required to must provide the City with a Certificate of Insurance, naming the City as a primary and noncontributory additional insured with an additional attached endorsement. Insurance requirements are determined by WCIA (Washington Cities Insurance Authority) and the City Attorney. 15 City of Tukwila Purchasing Policy strike -through 11-17-2020 187 B. State Contractor's License It is unlawful for the City to hire anyone to perform public work on our property that does not have a valid State of Washington Contractor's License. If someone is not properly licensed, DO NOT HIRE THEM. You may look up a contractor to determine if they have a valid Contractor's License at via the Washington State Department of Labor and Industry's website: https://lni.wa.gov/licensing-permits/contractors/hiring-a-contractorjverifv contractor -tradesperson -business C. City Business License A City of Tukwila business license may be required for any person or business working inside the city limits. See TMC Title 5, "Business Licenses and Regulations" for specifics. 16. REFERENCES Revised Code of Washington (RCW) 39.80 (Contracts for Architectural and Engineering Services) RCW 39.04 (Public Works) RCW 39.34 (Interlocal Cooperation Act) RCW 35A.40 (Fiscal Provisions applicable to Code Cities), 35.23 (Second Class Cities) Municipal Research Services Center (MRSC) publication: "City Bidding Book—Washington State" Federal Office of Management and Budget (OMB) Uniform Guidance CFRs: Title 2 CFR 200. et al City of Tukwila Grants Policy (TBD) Procurement Card (Pcard) User Manual City of Tukwila Administrative Policy - Equity Policy City of Tukwila Administrative Policy 400-05 – Processing of Contracts/Agreements City of Tukwila Capital Improvement Program Policies and Procedures 17. GLOSSARY Amendment – Written modification or addition to a purchase order or contract authorized by the appropriate authority. Bid – The executed document submitted by a bidder in response to a notice inviting bids, a proposal, or a request for qualifications. Bid Bond –A bond or deposit submitted with a bid, for a sum not less than 5% of the bid amount (including sales tax). Designed to help ensure that a bid has been made in good faith and that the bidder will enter into a contract if a bid is accepted. Bidder – A person or legal entity who submits a bid in response to a solicitation. Competitive Bidding – The submission of prices by individuals or firms competing for a contract, privilege, or right to supply merchandise or services. Contract–A verbal or written, legally binding mutual promise between at least two parties. Designee – A duly authorized and appointed representative of an employee that holds a superior position to the person appointed to represent him or her. City of Tukwila Purchasing Policy strike -through 11-17-2020 188 16 Emergency — Unforeseen circumstances beyond the City's control that present a real, immediate threat to the proper performance of essential functions, or that will likely result in material loss to property, bodily injury, or loss of life if immediate action is not taken. "Equitably distribute"— Means the City may not favor certain contractors on the appropriate Small Works Roster over other contractors on the appropriate Small Works Roster who perform similar services. Lowest (Responsive and) Responsible Bidder — The bidder submitting the lowest price that is also capable of performing the proposed contract. See also "responsive bidder" and "responsible bidder." Non -Professional Services or Purchased Services — Services provided by vendors for routine, necessary and continuing functions of a local agency, relative to a physical activity. Examples include, but are not limited to: • Courier services • Janitorial services • Disposal services • Vehicle inspection, repair or up -fitting • Office furnishing installation • HVAC system maintenance Ordinary Maintenance — Work not performed by contract and that is performed on a regular basis (daily, weekly, monthly — but not less than once per year) to service, check or replace items that are not broken. Also defined as work not performed by contract that is not regularly scheduled, but is required to maintain an asset so that repair does not become necessary. Prevailing Wages — The hourly wages, usual benefits, and overtime paid in the largest city in each county to the majority of workers, laborers, and mechanics. Prevailing wages are established by the Washington State Department of Labor and Industries for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. Professional Services — Services which provide professional or technical expertise to accomplish a specific study, project, task, or other work statement. Examples include, but are not limited to: • Architectural, engineering or design services • Accounting and auditing • Bond or insurance brokerage • Consulting services • Legal services • Real estate appraisals or title abstracts • Relocation assistance • Surveying • Soils analysis or core testing • Water quality monitoring Public Work— All work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or which is by law a lien or charge on any property therein. 17 City of Tukwila Purchasing Policy strike -through 11-17-2020 189 Quotation — A statement of price, terms of sale, and description of goods or services offered by a prospective seller to a prospective purchaser, usually for purchases below the amount requiring formal bidding. For professional service contracts, quotes would typically include the qualifications of the provider and may or may not include pricing information depending on the situation. Request for Proposal (RFP) — All documents, whether attached or incorporated by reference, utilized for soliciting competitive proposals. The RFP procedure permits negotiation of proposals and prices, as distinguished from competitive bidding and a notice inviting bids. The procedure allows changes to be made after proposals are opened and contemplates that the nature of the proposals and/or prices offered will be negotiated prior to award. Request for Qualification (RFQ) — A document generally used for obtaining a summary of qualification from prospective providers of professional services. Responsible Bidder — A person or legal entity who has the capability in all respects to perform in full the contract requirements, and the integrity and reliability which will assure good faith performance. Responsive Bidder — A person or legal entity who has submitted a bid conforming in all material respects to the terms and conditions, specifications and other requirements in a request for bids. Sealed Bid — A bid which has been submitted in a sealed envelope to prevent its contents from being revealed before the deadline for the submission of all bids. Sole Source— An award for a purchase to the only reasonably known capable vendor due to the unique nature of the requirement, the vendor, or market conditions. Specifications — A description of what the purchaser seeks to buy or accomplish — and consequently what a bidder must be responsive to in order to be considered for award of a contract. May be a description of the physical or functional characteristics, or the nature of a supply or service. May also include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. Surplus property— Any tangible, personal property owned by the City that is no longer needed or usable, presently or in the foreseeable future. City of Tukwila Purchasing Policy strike -through 11-17-2020 190 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2245 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 3.32.030, "BIDS," AND 3.32.040, "UNBUDGETED EQUIPMENT OR FIXED ASSET ITEMS;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the process for unbudgeted equipment or fixed asset items was originally adopted in 2002 and the City Council routinely reviews processes and procedures to validate their efficacy; and WHEREAS, the expenditure of public funds for the purchase of and contracting for goods, services, supplies, and materials shall comply with all applicable state law requirements as set forth in the Revised Code of Washington (RCW) and the Washington Administrative Code (WAC); and WHEREAS, a comprehensive overhaul of the City's Purchasing Policy has recently been completed by a cross -departmental team including the City Attorney's Office; and WHEREAS, appropriate controls, including City Council authority, are captured in this revised Purchasing Policy, which is intended to be the authoritative source for the expenditure of public funds in the City of Tukwila and separately adopted by the City Council by resolution; and WHEREAS, elimination of Sections 3.32.030 and 3.32.040 from the Tukwila Municipal Code will clarify the consolidation of direction in the revised Purchasing Policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2245 §1 (part), as codified at Tukwila Municipal Code (TMC) Sections 3.32.030, "Bids," and 3.32.040, "Unbudgeted Equipment or Fixed Asset Items," is hereby repealed, thereby eliminating TMC Sections 3.32.030 and 3.32.040. CC:\Legislative Development\TMC Sections 3.32.030 and 3.32.040 repealed 10-15-20 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 191 Section 2. Corrections by City Clerk or Code Reviser Authorized. 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 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force 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 , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC:\Legislative Development\TMC Sections 3.32.030 and 3.32.040 repealed 10-15-20 LH:bjs Review and analysis by Barbara Saxton Page 2 of 2 192 Proposed for Repeal City of Tukwila Washington Resolution No. / / GJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING THE PREVIOUSLY ADOPTED FINANCIAL RESERVE POLICY TO ELIMINATE THE EFFECTS OF GASB 68 FOR PURPOSES OF CALCULATING THE UNRESTRICTED BALANCES OF THE ENTERPRISE FUNDS; AND REPEALING RESOLUTION NO. 1861. WHEREAS, for the well-being and sustainability of the community, its residents, and businesses, it is important that the City of Tukwila be prepared to respond to any and all situations that could result in a risk and/or crisis to the City's finances including, but not limited to, revenue shortfalls and unanticipated expenditures; and WHEREAS, it is the responsibility of the City Council of the City of Tukwila to provide policy direction for the City's biennial budget through the passage of motions and ordinances, adoption of resolutions, and final approval of said budget; and WHEREAS, a financial reserve policy establishes, attains, and restores minimum fund balances, including self-insured health care reserve funds, and specifies review and reporting of such; and WHEREAS, beginning in 2015 the City was required to implement Governmental Accounting Standards Board Statement 68 (GASB 68) related to accounting and reporting for pension plans; and WHEREAS, it is the responsibility of the City to report the effects of GASB 68 in the Comprehensive Annual Financial Report (CAFR), even though the effects are not a current liability of the City; and WHEREAS, the City desires to eliminate the effects of GASB 68 for purposes of calculating the unrestricted balances of the Enterprise Funds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Minimum Fund Balances. A. At the close of each fiscal year, the General Fund unassigned balance shall equal or exceed 18% and the Contingency Fund reserve balance shall equal or exceed 10% of the previous year General Fund revenue, exclusive of significant non- W:\Word Processing\Reserve Policy revised 11-14-17 SW:bjs Page 1 of 2 193 Proposed for Repeal operating, non-recurring revenues such as real estate sales or transfers in from other funds. B. At the close of each fiscal year, the unrestricted balances of the Enterprise Funds shall equal or exceed 20% of the previous year revenue, exclusive of the effects of GASB Statement 68, as well as significant non-operating, non-recurring revenues such as real estate sales, transfers in from other funds or debt proceeds. C. Use or draw down of minimum balances shall occur only upon recommendation of City Administration and approval by City Council through a resolution. Should use or draw down occur, the City Administration shall establish a plan, no later than the end of the fiscal year following the year of decline, to restore the fund balance to the prescribed minimum level. The plan shall be presented to and approved by the City Council. Section 2. One-time Revenue Reserve. A One-time Revenue Reserve shall be established and maintained in the Contingency Fund. The One-time Revenue Reserve shall be credited annually with 10% of the prior year one-time revenues to the extent General Fund surplus for the year is sufficient to cover the reserve funding. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council through a resolution. Section 3. Self-insured Health Care Funds. The City shall maintain a reserve in each of its self-insured health care funds in an amount equal to 1.5 times, or 150%, of the actuarially determined IBNR (incurred but not reported) balance. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council through a resolution. Section 4. A report showing compliance with the Financial Reserve Policy shall be provided to the City Council on an annual basis, no later than July 1 of each year. Section 5. Repealer. Resolution No. 1861 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY O TUKWILA, WASHINGTON, at a Regular Meeting thereof this . cY1h1 day of ‘(\, (\.' ,4 b ,f , 2017. ATTEST/AUTHENTICATED: n C r+ -I Christy O'EIa erty, MMC, City C APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney W:\Word Processing\Reserve Policy revised 11-14-17 SW:bjs 194 4 , Council President Dennis Ro Filed with the City Clerk: 1- i_5 l f7 Passed by the City Council: i -ap- Resolution Number: Page 2 of 2 Proposed for Repeal City of Tukwila Washington Resolution No. )1'C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING UPDATED POLICIES RELATED TO THE FINANCIAL PLANNING MODEL AND OTHER GENERAL FINANCIAL POLICIES; AND REPEALING RESOLUTION NO. 1897. WHEREAS, the City Council and Mayor are committed to high standards of financial management; and WHEREAS, adopting and periodically updating and revising financial policies are important steps toward ensuring consistent and rational financial management; and WHEREAS, policies related to the Financial Planning Model and other general financial policies are essential components of an overall financial management policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Financial policies related to the Financial Planning Model and policies of a general nature, as evidenced in Exhibit A, are adopted. Section 2. The financial policies related to the Financial Planning Model and other general financial policies shall be reviewed on a regular basis and updated as necessary. Section 3. Repealer. Resolution No. 1897 is hereby repealed. W:\Word Processing\Financial Planning Model policies and other general financial policies 10-19-18 LH:bjs Page 1 of 2 195 Proposed for Repeal PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 1 Off Hday of Wo(/z2 ,,, ]k,^, 2018. ATTEST/AUTHENTICATED: C coy Christy O'Flah y, MMC, City C rk APPROVED AS TO FORM BY: ac Rachel B. Turpin, City Attorney a Seal, Council President Filed with the City Clerk: ) I - ! 4 - / ? Passed by the City Council: Resolution Number: 19,60 Attachment: Exhibit A — Financial Planning Model Policies and Other General Financial Policies W:\Word Processing\Financial Planning Model policies and other general financial policies 10-19-18 LH:bjs 196 Page 2 of 2 Proposed for Repeal EXHIBIT A City of Tukwila Financial Planning Model Policies The six-year "Financial Planning Model and Capital Improvement Program" is the primary financial policy document. It represents the culmination of all financial policies. Revenues Policy FP -1: Revenues will be estimated on a conservative basis. Increases greater than inflation in the schedule known as the 6 -Year Financial Plan — General Fund Revenues and Expenditures will require additional documentation. Policy FP -2: Major revenue sources will require explanation in the document known as Notes to 6 -Year Financial Plan - Revenues, Expenditures and Fund Balance. Operating Expenditures Policy FP -3: Expenditures for the General Fund operations (schedule known as General Fund Maintenance and Operations Detail will only include basic inflationary increases at the beginning of the budget preparation process. Proposed increases in programs or personnel will require an issues and options paper and Council approval before being added to the operating expenditures estimate. Capital Expenditures Policy FP -4: Project capital grants with local matching requirements can only be applied for with approval by the appropriate City Council Committee. Grant applications should generally be made only for projects listed in the six-year Capital Improvement Program, although exceptions can be made with approval by the appropriate City Council Committee. Policy FP -5: If the proposed grants or mitigation are either not funded or are reduced, the respective project will be reevaluated on the basis of its value and priority level placement in the Capital Improvement Program. Policy FP -6: The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Page 1 of 2 197 Proposed for Repeal Policy FP -7: For the purpose of compliance with Tukwila Municipal Code Section 3.32.040, "Unbudgeted Equipment or Fixed Assets," "unbudgeted" shall mean when a department's capital asset line item has insufficient budget for the desired purchase. Capital equipment or fixed asset purchases between $5,000 - $39,999 are not subject to TMC 3.32.040 and do not require Council Committee approval if there is sufficient budget, unless there is a policy implication. Enterprise Funds Policy FP -8: Each Enterprise Fund shall be reviewed annually and it must have a rate structure adequate to meet its operations and maintenance and long-term capital requirements. Policy FP -9: Enterprise Fund rate increases shall be small, applied frequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. Policy FP -10: Enterprise Fund rate increases of external agencies (i.e. King County secondary wastewater treatment fees) will be passed through to the users of the utility. Other General Financial Policies Policy GF -1: The City's various user charges and fees shall be reviewed at least every three years for proposed adjustments based on services provided and comparisons with other jurisdictions. Policy GF -2: The Finance Director shall provide a financial status update at least quarterly. Policy GF -3: Budget amendments during the year may be approved by budget motion until the end of the budget year, at which time a formal comprehensive budget amendment is submitted. Policy GF -4: The City shall, whenever practical and advantageous, take advantage of grants, loans, or other external financial sources. With the exception of capital improvement program grants requiring a local match, staff shall report to and seek the approval of the appropriate Council Committee before finalizing the grant. Policy GF -5: Funds exceeding the Mayor's allocated signature authority shall not be moved between City departments without prior approval of the City Council. Policy GF -6: The City Council shall receive an updated list of all contracts every quarter, including the amount, responsible department, scope of work, and expiration date. Page 2 of 2 198 TMC 3.32.030 and 3.32.040 Proposed for Repeal due to new Purchasing Policy 3.32.030 Bids When provided for in the annual budget, the Mayor is authorized to call for bids on public works projects or procure goods or professional services when the project or procurement, including change orders or amendments, does not exceed $40,000_ (Ord. 2245 §1, 2009: Ord. 1817 1. 1997) 3.32.040 Unbudgeted Equipment or Fixed Asset items Any unbudgeted capital equipment or fixed asset item, including components or services of items, shall be approved by the Mayor and three affirmative votes of the respective Council committee assigned to the requesting department. "Fixed asset' items are defined as costing at least $6,000 and having a useful fife of at least two years. (Ord. 2245 §1, 2009: Ord. 2410 §1, 2002; Ord. 1817 §1, 1997) 199 200 City Council Finance Committee City of Tukwila Meeting Minutes November 9, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Verna Seal, Chair; Kathy Hougardy, Zak Idan Staff Present: Rachel Bianchi, Sherry Wright, Gail Labanara, Vicky Carlsen, Tony Cullerton, Laurel Humphrey Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Resolution: 2021 Legislative Agenda Staff is seeking Council approval of a resolution to adopt the 2021 Legislative Agenda. Item(s) requiring follow-up Add item relating to bank de-risking/financial inclusion Committee Recommendation Unanimous approval. Forward to November 16, 2020 Regular Meeting. B. Financial Policies Legislation Staff is seeking Council approval of a resolution adopting revised Financial Policies, a resolution adopting a Purchasing Policy, and an ordinance amending Tukwila Municipal *Code Chapter 3.32. Item(s) needing follow-up: • Add "The City shall, whenever practical and advantageous, pursue grant funding" to the beginning of Financial Policy 5a. • Add reference to TMC REET provision to Financial Policy 6o. • Clarify that committee approvals are needed prior to applying for grants requiring a local match. • Remove "to the extent possible" from the first sentence in Purchasing Policy 4D. • Change first sentence of Purchasing Policy 15A to "The contractor or consultant may be required to provide the City with a Certificate of Insurance..." Committee Recommendation Unanimous approval. Forward to November 23, 2020 Committee of the Whole. 201 202 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared ID; Mayor's review Council review 11/23/20 Vicky ❑ Motion Mtg Date ❑ Resolution Mtg Date 12/07/20 Vicky ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/7/20 SPONSOR ❑Council ❑Mayor HR ❑DCD 0 Finance Fire ❑TS P&R Police PW ❑Court SPONSOR'S Approve Ordinances to adjust fire and park impact fees for inflation as outlined in the SUMMARY Tukwila Municipal Code REVIEWED BY ❑ Trans&Infrastructure ❑ LTAC DATE: 11/9/20 Ci CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: Kruller ITEM INFORMATION ITEM No. 4.G. 203 STAFF SPONSOR: VICKY ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE Approve Ordinances to Adjust Fire and Impact Fees CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date ❑ Resolution Mtg Date 11 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/7/20 SPONSOR ❑Council ❑Mayor HR ❑DCD 0 Finance Fire ❑TS P&R Police PW ❑Court SPONSOR'S Approve Ordinances to adjust fire and park impact fees for inflation as outlined in the SUMMARY Tukwila Municipal Code REVIEWED BY ❑ Trans&Infrastructure ❑ LTAC DATE: 11/9/20 Ci CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: Kruller ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 12/7/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum dated 11/3/20 Draft Ordinance - Update Fire Impact Fees Draft Ordinance - Update Park Impact Fees Exhibit A - City Cost Index - Seattle Minutes from the 11/9/20 CSS Committee meeting 12/7/20 203 204 W z City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Jay Wittwer, Fire Chief Rick Still, Parks and Recreation Director Vicky Carlsen, Finance Director CC: Mayor Ekberg DATE: November 3, 2020 SUBJECT: Update Fire and Park Impact Fees ISSUE Adjust fire impact fees per Tukwila Municipal Code (TMC) 16.26.080 Annual Fire Impact Fees Updates and park impact fees per TMC 16.28.080 Annual Park Impact Fees Updates. BACKGROUND Fire and park impact fees were enacted by the City in 2008 and were updated in 2018. To ensure growth continues to pay for growth, the fee methodology, the level of service and the supporting statistics and data have been reviewed and fees updated accordingly. Berk, in coordination with the staff Impact Fee Team, undertook an extensive study of the City's historical, existing, and projected growth in population, housing, and employment; examined capital plans and facilities, the PROS Plan and Fire Master Plan, the level of service standards and other pertinent information. The data was analyzed, summarized, and computed to produce an impact fee for each property type listed below: Residential 1. Single Family 2. Multi Family Non-Residential/Commercial 1. Retail 2. Office 3. Industrial As specified in the TMC, both park and fire impact fees are to be updated annually using the Construction Cost Index for Seattle (June -June) published by the Engineering News Record to calculate the annual inflation adjustments. The adjustment would be effective January 1 of each year. DISCUSSION Fire and park impact fees were not updated as they should have been in 2019 for 2020 so the proposed increase includes the 2020 increase as well as the 2021 increase. The increase would be effective January 1, 2021. Per Engineering News Record, the percentage increase is as follows: 205 INFORMATIONAL MEMO Page 2 June 2018 to June 2019 4.4% Inflation increase for 2020 June 2019 to June 2020 0.7% Inflation increase for 2021 RECOMMENDATION Council is being asked to approve the ordinances and consider this at the November 23, 2020 Committee of the whole and subsequent December 7, 2020 Regular Meeting. ATTACHMENTS Draft Ordinances Exhibit A - City Cost Index - Seattle 206{KZ52293070.DOCX;1/13175.000001/ } AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 TO UPDATE THE FIRE IMPACT FEE SCHEDULE, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.26 AS FIGURE 16-1, "FEE SCHEDULE;" REPEALING ORDINANCE NO. 2598; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2571 related to fire impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code Sections 16.26.060, 16.26.070 and 16.26.080 provide direction on annual updates to fire impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2598 is hereby repealed in its entirety. Section 2. Fire Impact Fee Schedule Amended. Exhibit B to Ordinance No. 2571 is hereby amended to update the Fire Impact Fee Schedule codified as Figure 16-1, "Fee Schedule," as attached hereto. Section 3. 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 4. 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. CC:\Legislative Development\Fire Impact Fees --update 11-3-20 VC:bjs Review and analysis by Barbara Saxton Page 1 of 2 207 Section 5. 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 January 1, 2021. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Allan Ekberg, Mayor Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Updated Figure 16-1, "Fee Schedule," for Fire Impact Fees (Exhibit B to Ordinance No. 2571) CC:\Legislative Development\Fire Impact Fees --update 11-3-20 VC:bjs Review and analysis by Barbara Saxton Page 2 of 2 208 Figure 16-1 "Fee Schedule" Exhibit B CITY OF TUKWILA FIRE IMPACT FEE SCHEDULE RESIDENTIAL – per dwelling unit (a) Single family (d) with fire sprinkler system installed (b) Multi -family FIRE Impact Fee $49 O$1,882 $1,683 $1,769 $2,062 $2,168 COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail 52,005 $2,108 (c) Office $-784 $824 (c) Industrial/manufacturing $16-7 $176 (a) Attached accessory dwelling units are exempt from impact fees. (b) A structure with more than two dwelling units. (c) See the more detailed land use descriptions in the Land Use Categories document. (d) 6% discount for single family units with fire sprinkler system installed representing the portion of all incidents that were fire only—as opposed to emergency medical incidents. Per Section 16.26.120.B.9. of the Tukwila Municipal Code, "A fee payer installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee." 209 210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 TO UPDATE THE PARKS IMPACT FEE SCHEDULE, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.28 AS FIGURE 16-1, "FEE SCHEDULE,"; REPEALING ORDINANCE NO. 2599; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2572 related to parks impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code Sections 16.28.060, 16.28.070 and 16.28.080 provide direction on annual updates to parks impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2599 is hereby repealed in its entirety. Section 2. Parks Impact Fee Schedule Amended. Exhibit B to Ordinance No. 2572 is hereby amended to update the Parks Impact Fee Schedule codified as Figure 16- 1, "Fee Schedule," as attached hereto. Section 3. 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 4. 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. CC:\Legislative Development\Parks Impact Fees --update 11-3-20 VC:bjs Review and analysis by Barbara Saxton Page 1 of 2 211 Section 5. 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 January 1, 2021. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Updated Figure 16-1, "Fee Schedule," for Parks Impact Fees (Exhibit B to Ordinance No. 2572) CC:\Legislative Development\Parks Impact Fees --update 11-3-20 VC:bjs Review and analysis by Barbara Saxton Page 2 of 2 212 Figure 16-1 "Fee Schedule" Exhibit B CITY OF TUKWILA PARKS IMPACT FEE SCHEDULE RESIDENTIAL — per dwelling unit (a) Single family (b) Multi -family PARKS Impact Fee $2,859 $3,006 S2,490 $2,618 COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail $1,308 $1,375 (c) Office $1,179 $1,239 (d) K-12 Educational facilities $236 $248 (c) Industrial/manufacturing $653 $687 (a) Attached accessory dwelling units are exempt from impact fees. (b) A structure with more than two dwelling units. (c) See the more detailed land use descriptions in the Land Use Categories document. (d) 80% discount for K-12 educational facilities. 213 214 Exhibit A City Cost Index - Seattle - As of September 2020 The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20 -city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers. To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need. Keep in mind that the city cost index figures are always published in the second weekly issue of the month. http://www.enr.com/economics/current costs Go back to view all City Indexes. ENR COST INDEXES IN SEATTLE (1978-2020) 2020 Sept 2020 Aug 2020 July 2020 June 2020 May 2020 April 2020 March 6571.23 6529.50 6534.00 6415.06 6418.90 6414.78 6264.91 +3.3 +2.6 +3.0 +0.7 +0.8 +0.9 —1.1 12771.70 12430.98 12140.48 12141.83 12145.67 12141.53 11991.29 %CHG +5.6 +2.8 +1.2 +0.9 +1.0 +1.0 0.0 215 FEAR 2020 MONTH Feb Bc 6390.40 2020 Jan 6395.71 2019 Dec 6384.96 2019 Nov 6366.86 2019 2019 Oct Sept 2019 Aug 2019 July 2019 June 2019 May 2019 April 2019 Mar 2019 Feb 2019 Jan 2018 Dec 2018 Nov 2018 Oct 2018 Sept 2018 Aug 2018 July 2018 June 2018 May 2018 Apr 2018 Mar 2018 Feb 2018 Jan 6368.36 6363.42 6365.92 6342.31 6372.29 6369.97 6358.72 6331.97 6369.72 6351.66 6248.72 6168.03 %CHG +0.3 +0.7 +2.2 +3.2 +3.3 +3.3 +3.5 +3.9 +4.4 +4.5 +4.2 +4.3 +4.9 +4.7 +3.0 +2.3 6164.80 +2.4 6160.57 +2.2 6151.14 6104.74 6103.26 6096.76 6099.84 6071.20 +2.1 +1.4 +2.6 +2.7 +2.8 +3.3 6071.20 +3.4 6068.61 +3.5 CCEIP 12117.14 12122.45 12111.70 12093.59 12095.09 12090.15 12092.65 11999.04 12029.02 12026.70 12015.45 11988.70 12026.45 12008.39 11537.66 11532.16 11186.78 11524.68 11515.25 11480.25 11478.76 11472.26 11475.35 11446.71 %HG +0.8 +0.9 +5.0 +4.9 +8.1 +4.9 +5.0 +4.5 +4.8 +4.8 +4.7 +4.7 +5.1 +4.9 +0.8 +0.8 +4.4 +7.4 +7.4 +7.1 +7.1 +7.2 +7.4 +8.4 11446.71 +7.6 11444.11 +7.7 216 ON, City of Tukwila City Council Community Services & Safety Committee Meeting Minutes November 9, 2020 -5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson Staff Present: David Cline, Rachel Bianchi, Vicky Carlsen, Jay Wittwer, Eric Dreyer Chair Kruller called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. 2020 3rd Quarter Fire Department Report Committee members and staff continued discussion of the report. Item(s) requiring follow-up: • Do more public messaging on response time data. Committee Recommendation: Discussion only. B. Ordinances: Parks and Fire Impact Fees Staff is seeking Council approval of ordinances to update park and fire impact fees to include the annual inflation adjustments for 2020 and 2021. Item(s) requiring follow-up: • Provide data on what other South King County Committees charge. Committee Recommendation: Unanimous approval. Forward to November 23, 2020 Committee of the Whole. C. Resolution: 2021 Legislative Agenda Staff is seeking Council approval of the 2021 Legislative Agenda. Item(s) requiring follow-up: • Agree with Finance Committee addition on financial inclusion • Move Equity section to third in the order • Modify second bullet of Housing & Human Services: "We strongly encourage the state to adequately fund human services programs based upon need for the health of the safety net." • Move the Education section to 2nd page after Police Reform. Committee Recommendation: Unanimous approval. Forward to November 16, 2020 Regular Meeting. 217 218 COUNCIL AGENDA SYNOPSIS Initials fleeting Date Prepared Ig Mayor's review Council review 11/23/20 JCW ITEM INFORMATION ITEM No. 4.H. & Spec 2.E. 219 STAFF SPONSOR: JAY C WITTWER ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE Fire Department - Purchase new Aid Car. CATEGORY 0Discussion 11/23/20 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance AFire ❑ TS ❑ P&R ❑ Police ❑ PIV SPONSOR'S The Fire Department is seeking to adjust the PSP plan to purchase a replacement Aid Car in SUMMARY Dec 2020. The current plan reflects this purchase to take place in 2021 and another Aid car to be purchased in 2022. The Fire Department is requesting to purchase this Aid Car in 2020 to realize the pricing for 2020, estimates show that increases could be 10 for 2021. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ LTAC ❑ Arts Comm. DATE: 11/23/2020 1 Finance Com ❑ Planning/Economic Dev. Comm. ❑ Planning Comm. CHAIR SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONsoR/ADMIN. COMMITTEE Jay C Wittwer / Fire Department Finance to support this adjustment to the plan Fund Source is from the PSP EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $280,000 Fund Source: PUBLIC SAFETY BOND AND THE PUBLIC SAFETY PLAN (PSP) Comments: There will be a surplus of funds at the end of 2020 and 2021 MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum JR10105 Proposal Price PSP Equip & App Plan 219 220 City of Tukwila Allan Ekberg, Mayor Fire Department - Jay C. Wittwer, Chief TO: Finance Committee FROM: Jay C. Wittwer, Fire Chief Garron Herdt, Fleet Services Manager Charles Engle, Fleet Services Marty Roberts, Fire Battalion Chief BY: Marty Roberts, Battalion Chief CC: Mayor Allan Ekberg City Administrator David Cline DATE: November 16, 2020 SUBJECT: Adiust PSP planned budget for Aid Unit (Unit 5903) CURRENT STATUS The Public Safety Plan (PSP) apparatus schedule is to be adjusted to accommodate the quoted purchase price of the budgeted Aid Car replacement. Two Aid Cars are funded in the plan, one for 2021 and one for 2022. The total budgeted for these two units is $560,000.00 This adjustment calls for purchasing one Aid Car in Dec 2020 to save on the price increase that will take place in 2021. The amount for that unit is $280,000.00 The second Aid Car will be pushed out to a further date. Only one Aid Car is to be purchased in 2020 and none in 2021 or 2022. BACKGROUND The Public Safety Bond was voter approved in 2016 and includes funding for Fire apparatus and equipment. A committee including Fire, Finance, Administration, Public Works and Fleet Services manages the replacement and funding schedule. DISCUSSION As part of the original Public Safety Plan, a new Aid Unit was budgeted to replace the current 1998 Aid Unit in 2017. Due to service level and staffing evaluations, the purchase was delayed/carried over in the budget until 2020. A joint ad hoc committee that included Fire and Fleet personnel convened earlier this year and created specifications that model the recent Aid Unit purchases made by our neighboring departments, Enumclaw, Renton and Puget Sound Regional Fire Authority. The model proposed has a Dodge Ram Cab paired with the Cummins 6.7 diesel engine providing the City with optimal performance, longevity and ROI. The proposed Aid Unit will be purchased using the existing HGAC purchasing consortium contract and pricing. The quoted price is approximately $280,000. The Fire Department will also retain the current 1998 Aid Unit as a reserve, thus ensuring that an Aid Car will always be available. FISCAL IMPACT Fire apparatus purchases under the PSP Bond have been under budget due to cost savings and efficiencies found in not replacing and/or surplus under-utilized equipment. It is estimated that the apparatus/vehicle portion of the PSP will have a fund balance at the end of 2020. Tukwila City Hall • 6200 Sauthcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 221 Title or Addressee Date Page 2 RECOMMENDATION Staff recommends that this purchase and plan are approved by the Community Services and Safety Committee and forwarded to the COW on November 23, 2020. It is recommended that final approval is provided during the Special Session following the COW on November 23, 2020. ATTACHMENTS PSP Equipment and Apparatus Spending plan JR10105 Proposal Price Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 222 Fire Equipment & 2019 Actual 0 NI cr. e -I 54,118 I M CO Lf1 ID d' ID lD T -I ri i --I r` 01 O N 193,738 0 LD CO r` N. i -I 0) LO T--1 N 92,549 I IN uD 00 O1 M 134,580 328,318 Revised Budget 20,000 22,772 2,847 i -I LD CO r -I Ln 00 ai m r-1 M M 01 0 0 0 o 190,000 300,000 ,I M M 01 co CJ on 17.0o .17.' O m 0 O 0 O r1 20,000 0 0 L(1 N 0 C C O C 0 0 Lfl LO .D N! 0 0 ;P 111 049,500 c_ C r- r- CO N 2,286,300 J 0 00 M Ln Lfl N 2018 _ f6 u a N VD r` Ci ID 0 00 M rl LO M M r1 cr r1 d' 00 m 01 co O Ol r` LD N N NT N 61 N. 1,561,974 lfl 01 CO 0 r` N Ol r\ 3,282,931 3,373,824 Revised Budget 22,109 LCD NT. N Ln LD i -I M L/1 LO NI 33,200 1,800,000 1,547,625 Ni CO O CO M M Lfl M n 0 CI' M f6 d to "O L m 20,000 2,500 0 'N. CO CO I N N l0 N d' LO ri Lri N 01 N 0 l0 `-I 4N 01 LD Na (.0 e -I 2017 Actual 363,683 ' 00 ri N lfl r` N i-1 M 413,078 01 N up lfl Cr) N 107,088 53,485 M N. In O LO e-1 a-4 Lfl 1.0 M N Lfl Revised Budget 495,159 21,465 CO 00 o 01 CO' N <-1 o r1 ri r, Cr 01 Cr LO 107,325 85,860 in co rei. 01 a-1 842,892 Original Proposal 495,159 ' L!1 ID d- N CO CO lfl 128,790 0 r -I LD N 0 N d• l0 _1 -N -n 0 r1 203,900 85,860 0 -0 )O TO 0 0 r` ,-1 493,645 111 m M d - .1--1 spending plan FIRE EQUIPMENT SCBA/SABA SCBA Fill Station v O I Nozzles Defibrillators Thermal Imaging (TIC) Bunker Gear Helmets Extrication Equipment Mobile Data Computer (MDC) Body Armor Sub -Total EQUIPMENT Equipment Carryover Budget FIRE APPARATUS Admin Vehicle Aerial (Replace every 12 years) Aid Car Battalion Chief Vehicle EOC Admin Vehicle EOC Utility (Trailers/Gator) Explorer/Refresh vehicle Fire Marshal Vehicle Hazmat Trailer Prevention Vehicle Pumper (Replace every 10 years) Rescue Utility Sub -Total APPARATUS TOTAL EQUIP + APPARATUS GENERAL LEDGER 305.98.594.220.64.00 305.98.594.220.64.00 305.98.522.220.35.00 305.98.522.220.35.00 305.98.522.220.35.00 305.98.594.220.64.00 305.98.522.220.35.00 305.98.522.220.35.00 305.98.594.220.64.00 305.98.522.220.42.00 305.98.522.220.35.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 5 01.0 2.5 94.4 80.64.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 501.02.594.480.64.00 PROJECT ACCOUNTING 91630401.5118.338 91630401.5118.339 91630401.5118.340 91630401.5118.341 91630401.5118.342 91630401.5118.343 91630401.5118.344 91630401.5118.345 91630401.5118.346 91630401.5118.347 91630401.5118.348 91630401.5117.325 91630401.5117.326 91630401.5117.327 91630401.5117.328 91630401.5117.329 91630401.5117.330 91630401.5117.331 91630401.5117.332 91630401.5117.333 91630401.5117.334 91630401.5117.335 91630401.5117.336 91630401.5117.337 Lfl N 01 Ln O1 N LO O Lfl O M Apparatus Carryover Budget 223 Fire Equipment & 224 2023 I Actual Revised Budget 25,630 cr. O N M 21,000 N N 61 c1 t0 V1 N c -I in 32,000 O O 61 l6 n 70,000 80,000 258,900 310,656 co Y d 0A :00 "a L M 0m 20,000 O O Lr N o O Ln rl 32,000 O 0 61 1p n co O N Ln co O d• Lr; c --I 476,700 O 0 n O O Ln 2022 ii Y U a Revised Budget CO l0 61 87,093 24,884 O ,--I r -I rn 21,000 l.0 CO rl 187,721 7 340,000 26,000 1. 26,000 0 0 0 N 01 M N N 01 N 1.11 Ill t .E toNM 00 "a L 3 0m 40,000 70,000 20,000 O O 1..r1 O O Lr1 O O O r+ 342,200 O O n 00 O e1 74,700 1,505,600 v O o M W .4 ri N 0 N To Y U a Revised Budget 45,000 O N O M 21,000 1,812 70,832 55,000 220,000 O O O Lfi LO 340,000 N M 00 O Cr Original Budget 20,000 O O 1..r1 N U O 0 O (N r v O L!1 O 0 -. -) 0 1-11 00 N. C) 0 O n II) O c I U 0 N d" N v 0 N", 01 1.11 .-i c -I O N M 0 M r -I 2020 Actual I CO CO 61 .-I Lli 0 n M 61 LO 61 O e1 N N M M• l0 LO N 61 n L6 N 18,218 r -I CO n c --I 01 01 a1 O1 "-I 83,326 Revised Budget h cP N in' (N 23,455 2,932 61 Lf1 n r -i fy1 01 M fn in 124,500 65,000 189,500 342,893 as G) a OA 00 "a L a 0 m 20,000 C LGh N -) 0r to L 0 00 01 82,100 O 0 00 01 334,200 C) N Lf) fv spending plan FIRE EQUIPMENT SCBA/SABA SCBA Fill Station 4) Ln 0 s U) v N N 0 z Defibrillators Thermal Imaging (TIC) Bunker Gear Helmets Extrication Equipment Mobile Data Computer (MDC) Body Armor Sub -Total EQUIPMENT Equipment Carryover Budget FIRE APPARATUS Admin Vehicle Aerial (Replace every 12 years) Aid Car Battalion Chief Vehicle EOC Admin Vehicle EOC Utility (Trailers/Gator) Explorer/Refresh vehicle Fire Marshal Vehicle Hazmat Trailer Prevention Vehicle Pumper (Replace every 10 years) Rescue Utility Sub -Total APPARATUS TOTAL EQUIP + APPARATUS L0 N Ln L0 Apparatus Carryover Budget Fire Equipment & 2026 113 4, U a 1 1 1 Revised Budget 98,024 r1 0 O n 28,007 % -I 0 v1 M 21,000 r -I 0 ,-I N 0 in i..0 N N N 1,200,000 1,200,000 0 Ifl to N N CF .-I as OJ OA OA "6 pm O O O N O O O Lf1 O O O N O v1 N O in O O 4 cr O 0 O N 70,00( O O ei ,....1�L 2025 RS Y U a Revised Budget N.- (N m M 21,000 01 m 0 N M in 1 01 ko M in Original Budget )00`02 O In Ni O O O (N O Ln ,-1 44,001" O 00 O ''' O Cl 00 O N O1 O1 188,900 O Ol N M 00 2024 Actual Revised Budget 0.1 O1 M lD N 0 0 Cr) M 21,000 O1 0.1 i --I LD 00 01 00 tO Q1 105,600 0 0 O1 Ol .-I %--I 0 0 UD 111 OO 0 0 rl e -I M e -I 00 01 O1 O N +, as N OA OA - 0 m O 0 O (N O V1 r:.. 0 0 ui M 0 V1 R tf1 C, LC Ir. 0 ,- C% Ol 6; 0 n^ 105, 600 O 0 ‘-i e -I. N V1 ,J 0 l0 00 N in N spending plan FIRE EQUIPMENT SCBA/SABA SCBA Fill Station CU VI 0 s Ln a.) N N 0 z Defibrillators Thermal Imaging (TIC) Bunker Gear Helmets Extrication Equipment Mobile Data Computer (MDC) Body Armor Sub -Total EQUIPMENT Equipment Carryover Budget FIRE APPARATUS Admin Vehicle Aerial (Replace every 12 years) Aid Car Battalion Chief Vehicle EOC Admin Vehicle EOC Utility (Trailers/Gator) Explorer/Refresh vehicle Fire Marshal Vehicle Hazmat Trailer Prevention Vehicle Pumper (Replace every 10 years) Rescue Utility Sub -Total APPARATUS TOTAL EQUIP + APPARATUS Apparatus Carryover Budget 225 Fire Equipment & 226 Apparatus Carryover Budget Actual Revised Budget 31,522 o V' CT) m d. 1.0 M N 37,826 86,686 126,088 I, N M os. a --I r -I o a -I l0 N Ln 480,711 518,538 Original Budget ' (N N Ln a -i M 3,940 cr (.0 Cr) N l0 N 00 r m (.0 00 (.0 l0 00 00 00 O kci. N - N, N CO O a1 a--1 0 a --I l0 N in a --I ,-I a-1 N O CO CO CO In 00 ri in tC 7 4, U a Revised Budget 61,208 c' a --I a --I r- o 30,604 1..l1 N 00 m 183,624 53,557 ,-1 CO 01 o1 m 61,208 M LO V O �' 2,677,843 157,610 Ch N r-1 LO al N 10 Ln O l0 v M co ,F, CJ •00 00 "0 i = 0m 61,208 d' a� I. O ,,-1 30,604 111 00 M d' N0 l..0-1 M 00 ,,-1 53,557 00 NN a1 l0 99,463 2,677,843 0 l0 R Ln a-1 N-1 a l0 01 01 N O 0 M Cr CO' To 7 4, U a Revised Budget ' M a --I 1. (N d. c -I n M 2,228 in N l0 m 44,569 M a-1 1� (N 74,281 4.0 CO 01 O a1 Original Budget m a-1 1- 01 N ` NLD M 2,228 U1 In In M J-1 l0 Ln Ci 29,713 .a4 CO N C1' N m 01 6 0 Actual 10 Revised Budget r COcr 00 N L 0 LD m cr N 34,617 144,236 396,648 cr, CO 111 c-1 a--1 o 00 L11 a --I a--1 a-1 l'D a-1 N N 806,277 as �, C 0 00 70 .L M 0 m 28,847 C l0 (M -.1 l0 a1 N 34,617 144,236 00 CI" .D 01 m 0-, 00 M aa -1 r -i 01 00 rn at• -1 r -I l0 l0 N 1� N N 0 n? spending plan FIRE EQUIPMENT SCBA/SABA SCBA Fill Station CU VI 0 s 0 a.) N N 0 z Defibrillators Thermal Imaging (TIC) Bunker Gear Helmets Extrication Equipment Mobile Data Computer (MDC) Body Armor Sub -Total EQUIPMENT Equipment Carryover Budget FIRE APPARATUS Admin Vehicle Aerial (Replace every 12 years) Aid Car Battalion Chief Vehicle EOC Admin Vehicle EOC Utility (Trailers/Gator) Explorer/Refresh vehicle Fire Marshal Vehicle Hazmat Trailer Prevention Vehicle Pumper (Replace every 10 years) Rescue Utility Sub -Total APPARATUS TOTAL EQUIP + APPARATUS Apparatus Carryover Budget Fire Equipment & Apparatus Carryover Budget 227 113 3 4, U a Revised Budget 34,445 4,306 206,670 M 00 LO N 248,004 43,056 103,335 473,619 LD LD O N 640,677 888,681 tCr OA .L 3 0 m ul d' m lu 0 M Ut, I� l0 O CO L!1 N ,;48,00t- 43,056 48,001 - 43,056 u 1 M M O J) c -I LID ?1 LD LID ON i� N 1..0lO cr CO l0 CO Tu3 Y U a Revised Budget N lip N O 00 33,442 0 CO r -I CO 00 � N 842,732 459,824 100,325 01 Cr %.lCO O l0 u1 ra CO N 0 Cr r -I Original Budget lD N O d' m m O� N N N Ct CO 01 ui 1 M O O r -I O LOO CO N 0 Cr ri Actual Revised Budget 00 lD CY N m CO LO O LO M CI' N a -I l0 01 00 M 2,922,093 O N i11 Lf1 0 r -I 32,468 3,060,081 3,099,042 +, asN a ' DO -6 i 3 0 m CO LD Cr r4OA m c; u C M d' l0 01 en Cl 0 N Cl N PV irl O d 32,46,_ 00 O l0 0 M Cf 0 01 0 rei. spending plan FIRE EQUIPMENT SCBA/SABA SCBA Fill Station CU VI O s Ln a) N N O z Defibrillators Thermal Imaging (TIC) Bunker Gear Helmets Extrication Equipment Mobile Data Computer (MDC) Body Armor Sub -Total EQUIPMENT Equipment Carryover Budget FIRE APPARATUS Admin Vehicle Aerial (Replace every 12 years) Aid Car Battalion Chief Vehicle EOC Admin Vehicle EOC Utility (Trailers/Gator) Explorer/Refresh vehicle Fire Marshal Vehicle Hazmat Trailer Prevention Vehicle Pumper (Replace every 10 years) Rescue Utility Sub -Total APPARATUS TOTAL EQUIP + APPARATUS Apparatus Carryover Budget 227 Fire Equipment & 228 TOTAL I Actual 434,866 I o 00 Cr) e -i 152,324 2,289 I M N CO rn a -I 50,354 I 761,036 107,880 1,564,143 i N l0 r O a-1 a--1 CO CO m Lt.) M a1 d' ri LD N r- 3,598,084 4,359,120 Revised Budget a -I l0 N N c-1 M a --I a -I (.0 N N M M 98,024 N a1 0 O N 186,253 325,943 597,613 LD Q) 0 N N Cr) L!) N 61 N 645,083 236,308 4,172,614 736,320 4,722,093 N N d' LD 0 l0 r N 0 I -I 00 61 d- 257,707 61 l0 O M .-1 105,520 61 CO M O oo .-I N r -I 0 LD d' N 164,463 Cr) N N 61 00 l0 rn 811,556 d' L0 61 N O N 19,947,089 M 0 N Ol r-1 a--1 N Original Budget 1 .0 v . R 61 N I d' a --I O . n r1 M 70,000 50,000 LO CO Cr . 1p N a -I 308,850 01 1.0 a --I . N M in 66,521 N 01 M . N N. N M CO 0 . 01 in N 217,600 4,072,872 o N M . Ln N 4,971,593 1,402,572 N O d• . R l0 d' 298,507 126,869 0 N O . d' co a1 201,249 N a --I l0 . Ln 0 M 173,463 Cr) N d• . L/1 co N. a-1 a --I lD Ln M ,..,:i. Ol Ni a-1 d' LD N . Ql 0, O, 01 d' l0 . O 4.0 01 N 1.1 27,033,522 ns 7 4, U a Revised Budget 207,014 N Lf) N M n r -I Cr) M VD n Cr) 4,705 N CO N 01 a-1 01 in 94,097 56,458 150,556 609,751 ns Otto •o0 "6 L 0 m C a--: o O 75,278 l0 M N M -1 61 M up m L O N d Cr) N co N In 01 r-1 VICT 11' 01 o 56,458 Ln Ln IA Ln N O (75 Y U a Revised Budget 36,543 00 LC) Ln d a -i d N N 43,851 65,777 133,381 CO Ln a-1 01 01 ri 243,009 Original Budget 36,543 4,56c d' N N LA co M er N N Ln to 00 n1 rn M -I L!1 ri of 01 O o M' N Actual Revised Budget 35,478 4,435 N 6) M I' a^-1 62,087 N 01 M 0, N i M a1 61 a•-1 c�-I 3,104, 355 M a-1 61 r-1 a�-I 3,388,181 CO N Ln ht. 1.10 1.0 M cc +, to 'ao -a L 0 m 00 N61 d• m 4,435 cv. m N a- a- cr. a -I mm u, Lf) o ri M :) a -i rn 3,388,18 1., in '.O spending plan FIRE EQUIPMENT SCBA/SABA SCBA Fill Station • 4) VI 0 2 U) v N N 0 z Defibrillators Thermal Imaging (TIC) Bunker Gear Helmets Extrication Equipment Mobile Data Computer (MDC) Body Armor Sub -Total EQUIPMENT Equipment Carryover Budget FIRE APPARATUS Admin Vehicle Aerial (Replace every 12 years) Aid Car Battalion Chief Vehicle EOC Admin Vehicle EOC Utility (Trailers/Gator) Explorer/Refresh vehicle Fire Marshal Vehicle Hazmat Trailer Prevention Vehicle Pumper (Replace every 10 years) Rescue Utility Sub -Total APPARATUS TOTAL EQUIP + APPARATUS Apparatus Carryover Budget HUGHES FIRE EQUIPMENT October 1, 2020 Tukwila Fire Department, WA One (1) Dodge RAM 4500 4X4 Paraliner Type I Life Line Ambulance Build Location: Sumner, Iowa Proposal Price $ 252,900.00 Washington State sales tax @ 10.00% Washington State motor vehicle tax @ 0.30% 51. LIFE LINE FMERG FNCY VFMICLas 25,290.00 758.70 Total Bid Price Including Sales Tax $ 278,948.70 Terms: Delivery: The unit would be ready for delivery from the factory within 170 to 230 days after receipt of fully executed Purchase Contract, order submission to the manufacturer, drawing approval between the manufacturer/dealer and the customer and receipt of chassis from manufacturer. Delivery is subject to change prior to order placement. This time does not include any possible delays that may be caused by national disasters or pandemic. Proposal Expires: The above discount recap will be valid for 60 days. Payment Terms: Final payment due prior to the unit leaving the factory for delivery. Performance Bond: A performance bond is not included in the above pricing. Transportation: Transportation of the unit to be driven from the factory is included in the pricing. However, if we are unable to obtain necessary permits, due to the weight of the unit, and the unit must be transported on a flat bed, additional transportation charges will be the responsibility of the purchaser. We will provide pricing at that time if necessary. If customer elects to drive the units from the factory, $4,500.00 (per unit) may be deducted from the purchase price. Inspection Trip: One (1) factory inspection trip for two (2) fire department customer representatives is included in the above pricing. The inspection trip will be scheduled at a time mutually agreed upon between the manufacture's representative and the customer. Airfare, lodging and meals while at the factory are included. If the Department elects to forgo an inspection trip $1,600.00 per traveler (per trip) will be deducted from the final invoice. Acceptance of Proposal: If the customer wishes to purchase the proposed apparatus Hughes Fire Equipment will provide the Customer its form of Purchase Agreement for the Customer's review and signature. If the Customer desires to use its standard form of purchase order as the Purchase Agreement, the purchase order is subject to review for any required revisions prior to acceptance. All purchase orders shall be made out to Hughes Fire Equipment Inc. Page 1 of 1 229 230 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared Ig Mayor's review Council review 11/23/20 ESC ❑ Motion Mtg Date ❑ Resolution Mtg Date 12/07/20 ESC ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/7/20 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire 11 TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Extenet Systems, Inc. is a partner with wireless carriers in the region and helps to build SUMMARY their 5G/Small Cell Wireless facilities. The initial franchise term is for five years with the possibility of extending with council approval. Council is being asked to approve the new ordinance for the franchise agreement with Extenet Systems, Inc. REVIEWED BY /1 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELOSTRINOS JOHNSON ❑ LTAC DATE: 11/16/20 ITEM INFORMATION ITEM NO. 4.1. 231 STAFF SPONSOR: JOSEPH TODD ORIGINAL AGENDA DATE: 11/23/2020 AGENDA ITEM TITLE Ordinance Granting a Non -Exclusive Franchise agreement with Extenet Systems, Inc. CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date ❑ Resolution Mtg Date 11 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/7/20 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire 11 TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Extenet Systems, Inc. is a partner with wireless carriers in the region and helps to build SUMMARY their 5G/Small Cell Wireless facilities. The initial franchise term is for five years with the possibility of extending with council approval. Council is being asked to approve the new ordinance for the franchise agreement with Extenet Systems, Inc. REVIEWED BY /1 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELOSTRINOS JOHNSON ❑ LTAC DATE: 11/16/20 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Technology and Innovation Services Transportation and Infrastructure COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 12/07/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum dated 11/13/20 Draft Franchise Ordinance with Exhibit A Extenet Conduit Inquiry Minutes from the 11/16/20 T&I Committee 12/7/20 231 232 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Joseph Todd, Technology and Innovation Services Director BY: Eric Compton, Franchise and Technology Specialist CC: Mayor Ekberg DATE: November 13, 2020 SUBJECT: Extenet Systems, Inc. Franchise Agreement ISSUE Approve an ordinance granting Extenet Systems, Inc a Franchise Agreement with an initial period of ten (10) years. BACKGROUND State law provides cities the authority to establish franchises to telecommunication providers who wish to occupy city owned rights-of-way. Tukwila Municipal Code 11.32.060 requires all telecommunication providers to obtain franchise agreements with the City prior to approval to construct, maintain and operate within the City limits. DISCUSSION Extenet is a partner for multiple wireless carriers in building out 5G/Small Cell facilities. Extenet does not have a network of their own and, as part of building the Small Cell facilities, will run fiber from the site to the partner carrier's fiber backbone or hub. Extenet has also sought to partner with the City in asset sharing agreements which could provide additional sources of revenue or at least cost sharing/saving measures. A copy of their desired conduit in the City is attached. FINANCIAL IMPACT Under the terms of the Franchise, Extenet is required to pay the City a $5000 administrative fee. This fee has already been paid and processed by Finance. Potential cost savings or small rental fees are possible with asset sharing as desired by Extenet. RECOMMENDATION Council is being asked to approve the Ordinance allowing Extenet Systems, Inc. Franchise Agreement and consider this item on the Consent Agenda at the December 7, 2020 Regular Meeting. ATTACHMENTS Draft Franchise Ordinance with Exhibit A Extenet Conduit Inquiry 233 234 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO EXTENET SYSTEMS, INC., A DELAWARE CORPORATION, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN THE PUBLIC RIGHTS-OF-WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, EXTENET Systems, Inc., a Delaware corporation, hereinafter referred to as "EXTENET" is a telecommunications company that, among other things, provides personal wireless services to customers in the Puget Sound region; and WHEREAS, EXTENET's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights-of-way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning and management of the City's rights-of-way is necessary to ensure that the burden of costs for the operations of non -municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way and other public property for installation, operation and maintenance of communications facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 1 of 20 235 Section 1. Definitions. A. For the purposes of this Franchise Agreement and the Exhibit attached hereto, the following terms, words, phrases, and their derivations where capitalized shall have the meanings given herein. Terms not defined herein shall have the meaning given in Title 11 of the Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila Municipal Code shall have the meaning given pursuant to such federal statutes, rules, or regulations that apply to and regulate the services provided by EXTENET. Words not otherwise defined shall be given their common and ordinary meaning. B. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation or rule referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. 1. "Affiliate" when used in connection with EXTENET means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with EXTENET. 2. "Construct" shall mean to construct, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use, relocate, remove, or support. 3. "Default" shall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise that is not cured within 30 days after receipt of written notice from the non -defaulting Party. 4. "Design Document(s)" shall mean the plans and specifications for the construction of the Facilities meeting the minimum applicable general plan submittal requirements for engineering services plan review as set forth in the City's Infrastructure Design and Construction Standards Manual (the "Standards"), illustrating and describing the refinement of the design of the Telecommunications System Facilities to be Constructed, establishing the scope, relationship, forms, size and appearance of the Facilities by means of plans, sections and elevations, typical construction details, location, alignment, materials, and equipment layouts. The Design Documents shall include specifications that identify utilities, major material and systems, Public Right -of -Way improvements, restoration and repair, and establish in general their quality levels. 5. "Dispute" shall mean a question or controversy that arises between the Parties concerning the observance, performance, interpretation or implementation of any of the terms, provisions, or conditions contained in this Franchise Agreement or the rights or obligations of either Party under this Franchise Agreement. 6. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of -Way and EXTENET's ability to continue to provide services if immediate action is not taken; or (b) presents an immediate threat of harm to persons or property if immediate action is not taken. CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 236 Page 2 of 20 7. "Facility or Facilities" means any part or all of the facilities, equipment and appurtenances of EXTENET whether underground or overhead and located within the Public Rights -of -Way as part of EXTENET's Telecommunications System, including but not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and shelters, vaults, generators, conductors, poles, carriers, drains, vents, guy wires, encasements, sleeves, valves, wires, supports, foundations, anchors, transmitters, receivers, antennas, and signage. 8. "Franchise" shall mean the grant, once accepted, giving general permission to EXTENET to enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes authorized herein, all pursuant and subject to the terms and conditions as set forth herein. 9. "Law(s)" shall mean all present and future applicable laws, ordinances, rules, regulations, resolutions, environmental standards, orders, decrees and requirements of all federal, state, and local governments, the departments, bureaus, or commissions thereof, or other governmental authorities, including the City acting in its governmental capacity. References to Laws shall be interpreted broadly to cover government actions, however nominated. 10. "Party(ies)" shall mean either the City or EXTENET or both. 11. "Permit" means a permit issued under the regulatory authority of the City that provides specific requirements and conditions for Work to Construct Facilities within the Public Rights -of -Way and includes, but is not limited to: a construction permit, building permit, street excavation permit, barricade permit, and clearing and grading permit. 12. "Person" means and includes any individual, corporation, partnership, association, joint-stock company, limited liability company, political subdivision, public corporation, taxing district, trust, or any other legal entity, but not the City or any Person under contract with the City to perform work in the Public Rights -of -Way. 13. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or other public right-of-way, including any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. 14. "Public Works Director" shall mean the Public Works Director for the City or their designee, or such officer or person who has been assigned the duties of Public Works Director or their designee. 15. "Service" shall mean the service or services authorized to be provided by EXTENET under the terms and conditions of this Franchise Agreement. 16. "Telecommunications System" shall mean all necessary Facilities to establish a small wireless network located in, under, and above City owned Public Right(s)-of-Way for the provision of personal wireless services, including: commercial CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 3 of 20 237 mobile services, unlicensed wireless services, and common carrier wireless exchange access services. "Telecommunications System" shall not mean or include Facilities owned or used by EXTENET for the provision of cable television services, video programming, or services other than personal wireless services, including ownership and/or operation of a dark fiber network. 17. "Work" shall mean any and all activities of EXTENET, or its officers, directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, within the Public Rights -of -Way to Construct the Facilities. Section 2. Non-exclusive Franchise Granted. A. The City hereby grants to EXTENET, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and operate its Facilities necessary for a Telecommunications System within all City -owned Public Rights -of -Way, generally described as that area within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area". B. The foregoing franchise rights and authority ("Franchise") shall not be deemed to be exclusive to EXTENET and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over or under the areas to which this Franchise has been granted to EXTENET; provided, that such other franchises do not unreasonably interfere with EXTENET's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes EXTENET to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to EXTENET. D. The City does not warrant its title or property interest in or to any franchise area nor undertake to defend EXTENET in the peaceable possession or use of the franchise area. No covenant of quiet enjoyment is made. Section 3. Authority. The Director of Public Works or designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies and procedures as the Public Works Director deems necessary to carry out the provisions contained herein. Section 4. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of 10 years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and EXTENET shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. If EXTENET desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. In the event of such filing, the City may extend the term of this Franchise Agreement in one-year increments beyond the CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 238 Page 4 of 20 expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to EXTENET prior to the Franchise expiration date. EXTENET must sign the written approval of the extension agreeing to all the terms of the prior agreement and the extension. Section 5. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of EXTENET to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 6. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 7. 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate Permits from the City of Tukwila. In case of an emergency, EXTENET shall, within 24 hours of the emergency, obtain a Permit from the City of Tukwila's Public Works Department. 2. Coordination. Any element of a City capital construction project which is performed by EXTENET within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. 3. Notice to the Public. Except in the case of an Emergency, the City retains the right to require EXTENET to notify the public prior to commencing any significant planned Construction that EXTENET reasonably anticipates will materially disturb or disrupt public property or have the potential to present a danger or affect the safety of the public generally. 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed Franchise Area and may deny access if EXTENET is not willing to comply with such requirements; and, may require removal of any Facility that is not installed in compliance with the Standards provided in this Franchise Agreement or which is installed without prior City approval of the time, place, or manner of installation. 5. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for EXTENET within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of -Way. All CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 5 of 20 239 construction, installation, maintenance and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. EXTENET's Facilities shall be designed, located, aligned, and constructed so as not to disturb or impair the use or operation of any street improvements, utilities, and related facilities of the City or the City's existing lessees, licensees, permitees, franchisees, easement beneficiaries or lien holders, without prior written consent of the City or the parties whose improvements are interfered with and whose consent is required pursuant to agreements with the City existing prior to the effective date. 6. Duty to Restore. a. EXTENET shall, after completion of construction of any part of its Telecommunications System, leave the Public Rights -of -Way and other property disturbed nearby in as good or better condition in all respects as it was in before the commencement of such Construction. EXTENET agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City Standards at the sole cost of EXTENET. b. If EXTENET's Work causes unplanned, unapproved, or unanticipated disturbance or alteration or damage to Public Rights -of -Way or other public property, EXTENET shall, at EXTENET's sole cost, promptly remove any obstructions therefrom and restore such Public Rights -of -Way and public property to the satisfaction of the City and in accordance with City Standards. c. If weather or other conditions do not allow the complete restoration required, EXTENET shall temporarily restore the affected Public Right -of -Way or public property. EXTENET shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 7. Notice. If EXTENET's Work causes unplanned, unapproved, or unanticipated disturbance or damage to Public Rights -of -Way or other public or private property, EXTENET shall promptly notify the property owner within 24 hours. 8. Warranty. EXTENET shall warrant any restoration work performed by EXTENET in the Public Rights -of -Way or on other public property for 2 years, unless a longer period is required by applicable City Standards. If restoration is not satisfactorily and timely performed by EXTENET, the City may, after 30 days prior notice to EXTENET, or without notice where the disturbance or damage may create an imminent risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from EXTENET. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, EXTENET shall pay the City. 9. Restoration of Private Property. When EXTENET does any Work in the Public Rights -of -Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to the reasonable satisfaction of the private property owner. Nothing within this Franchise authorizes any work by EXTENET on private property. CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 240 Page 6 of 20 10. Stop Work. On written notice from the City that any Work does not comply with the Franchise Agreement, the approved Design Documents for the Work, the Standards, or other applicable Law, or is being performed in an unsafe or dangerous manner as reasonably determined by the City, the non-compliant Work may immediately be stopped by the City. The stop work order shall be in writing, given to the Person doing the Work and be posted on the Work site, indicate the nature of the alleged violation or unsafe condition and establish conditions under which Work may be resumed. If so ordered, EXTENET shall cease and shall cause its contractors and subcontractors to cease such activity until the City is satisfied that EXTENET is in compliance. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable Law, may order EXTENET to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes in its discretion. The City has the right to inspect, repair, and correct the unsafe condition if EXTENET fails to do so, and to reasonably charge EXTENET for the costs incurred to perform such inspection, repair, or correction. Payment by EXTENET will be made within 30 days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. The authority and remedy set forth herein in this section is in addition to, and not a substitute for, any authority the City may otherwise have to take enforcement action for violation of City codes or Standards. 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, EXTENET and EXTENET's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior consent, which consent shall not be unreasonably withheld, delayed, or conditioned. The parties acknowledge that nothing in this agreement limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of EXTENET's Facilities in the Franchise Area. Material alteration and/or deviation shall include, but not be limited to, a change in the dimension or height or location or placement of the Facilities. If EXTENET desires to change either the location of any Facilities or otherwise materially deviates from the approved design of any of the Facilities, EXTENET shall submit such change to the City in writing for its approval. EXTENET shall have no right to commence any such alteration or deviation until after EXTENET has received the City's approval of such change in writing. Under no circumstance shall EXTENET permanently affix anything in the Franchise Area that inconveniences the public use of the right of way or adversely affects the public health, safety, or welfare. 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground consistent with the requirements of Tukwila Municipal Code Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director provided, however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. This requirement shall only apply where all other similarly situated utilities are required to underground as well. 13. Relocation. a. The City shall have the right to require EXTENET to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 7 of 20 241 when reasonably necessary for construction, alteration, repair, or improvement of any portion of the public rights-of-way for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: public rights- of-way construction; public rights-of-way repair (including resurfacing or widening); change of public rights-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government-owned communications, utility, or public transportation systems, public work, public facility, or improvement of any government-owned utility; public rights-of-way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires EXTENET to relocate its Facilities, the City shall provide EXTENET with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and EXTENET shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. The City shall notify EXTENET as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. Except in case of emergency such notice shall be no less than 90 days. b. To ensure timely execution of relocation requirements, EXTENET shall, upon written request from the City, provide at EXTENET's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of Facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. c. EXTENET may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise EXTENET in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, EXTENET shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by EXTENET full and fair consideration. In the event the City, in its sole discretion, decides not to accept the alternatives suggested by EXTENET, EXTENET shall relocate its Facilities as otherwise specified in Section 6, subparagraph 5. d. Upon final approval of the relocation plan by the City, EXTENET shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change, or alter the position of any Facilities or structures within the right-of-way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights-of-way. In the event relocation is required by reason of construction by a third party, non-governmental entity, CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 242 Page 8 of 20 for the sole benefit of the third party, non-governmental entity, then EXTENET's relocation costs shall be borne by the third party. e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from EXTENET's Facilities, EXTENET shall, upon notification from the City, respond within 24 hours to resolve the conflict. f. EXTENET acknowledges and understands that any delay by EXTENET in performing the work to alter, adjust, relocate, or protect in place its Facilities within the public rights-of-way may delay, hinder, or interfere with the work performed by the City and its contractors and subcontractors in furtherance of construction, alteration, repair, or improvement of the public rights-of-way, and result in damage to the City, including but not limited to, delay claims. EXTENET shall cooperate with the City and its contractors and subcontractors to coordinate such relocation work to accommodate the public improvement project and project schedules to avoid delay, hindrance of, or interference with such project. g. Should EXTENET fail, within 30 days of receipt of written notice from the City, to alter, adjust, protect in place or relocate any Facilities ordered by the City to be altered, adjusted, protected in place, or relocated, within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may, to the extent the City may lawfully do so, cause such work to be done and bill the reasonable cost of the work to EXTENET, including all reasonable costs and expenses incurred by the City due to EXTENET's delay. In such event, the City shall not be liable for any damage to any portion of EXTENET's system. In addition to any other indemnity set forth in this Franchise Agreement, EXTENET will indemnify, hold harmless, and pay the costs of defending the City from and against any and all claims, suits, actions, damages, or liabilities for delays on public improvement construction projects caused by or arising out of the failure of EXTENET to adjust, modify, protect in place, or relocate its Facilities in a timely manner; provided that, EXTENET shall not be responsible for damages due to delays caused by the City. 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and amenities, EXTENET shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. No facility constructed or owned by EXTENET shall be abandoned without the express written consent of the City. 15. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, EXTENET shall, upon the request of the City, furnish one bond executed by EXTENET for all of its Facilities in the City's rights-of-way, in such sum as may be set and approved by the City as sufficient to ensure performance of EXTENET's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the Telecommunications System to be installed by EXTENET in the City rights-of- way. At EXTENET's sole option, EXTENET may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 9 of 20 243 security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that EXTENET shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective EXTENET work or materials discovered in the City's roads, streets, or property. 16. "One -Call" Location and Liability. EXTENET shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to EXTENET's system components or for interruptions in service to EXTENET customers which are a direct result of work performed for any City project for which EXTENET has failed to properly locate its lines and Facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the EXTENET system components or for interruptions in service to EXTENET customers resulting from work performed under a permit issued by the City. 17. As -Built Plans Required. EXTENET shall maintain accurate engineering plans and details of all installations within the City limits and shall provide, at no cost to the City, such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by EXTENET pursuant to this Franchise Agreement. The City shall reasonably determine the acceptability of any as -built submittals provided under this section. 18. Recovery of Costs. EXTENET shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs actual reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, EXTENET shall pay such reasonable costs and expenses directly to the City. 19. Taxes. Nothing contained in this Franchise Agreement shall exempt EXTENET's obligation to pay any applicable utility tax, business tax, or ad valorem property tax, now or hereafter levied against real or personal property owned by EXTENET within the City, or against any local improvement assessment imposed on EXTENET. Any fees, charges, and/or fines provided for in the City Municipal Code or any other City ordinance, are separate from, and additional to, any and all federal, state, local, and City taxes as may be levied, imposed, or due from EXTENET. 20. Vacation. If, at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 60 days written notice to EXTENET, terminate this Franchise Agreement with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 244 Page 10 of 20 damages or loss to EXTENET by reason of such termination other than those provided for in RCW 35.99. Section 7. Franchise Compliance. A. Franchise Violations. The failure by EXTENET to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If EXTENET has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. B. Emergency Actions. 1. If any of EXTENET's actions under this Franchise Agreement, or any failure by EXTENET to act to correct a situation caused by EXTENET, is reasonably deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order EXTENET to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify EXTENET in writing and give EXTENET an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. EXTENET shall be liable for all reasonable costs, expenses and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by EXTENET and shall further be liable for all reasonable costs, expenses and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by EXTENET to take appropriate action to correct a situation caused by EXTENET and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If, during construction or maintenance of EXTENET's Facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health or property, EXTENET or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of EXTENET's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and/or damages. D. Removal of System. In the event this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, EXTENET shall, at its sole expense, remove all system components and Facilities within 60 days of such CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 11 of 20 245 termination, provided that the City, at its sole option, may allow EXTENET to abandon its Facilities in place. E. Receivership. At the option of the City, subject to applicable law and lawful orders of courts of competent jurisdiction, this Franchise may be revoked after the appointment of a receiver or trustee to take over and conduct the business of EXTENET whether in a receivership, reorganization, bankruptcy, or other action or proceeding, unless: 1. The receivership or trusteeship is timely vacated; or 2. The receiver or trustee has timely and fully complied with all the terms and provisions of this Franchise Agreement, and has remedied all defaults under the Franchise Agreement. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver or trustee assumes and agrees to be bound by each and every term, provision, and limitation of this Franchise Agreement. Section 8. Insurance. A. EXTENET shall maintain Commercial General liability insurance during the full term of this Franchise Agreement for bodily injury (including death) and property damages. The limit of liability shall be a combined single limit in the amount of $2,000,000 for each occurrence and $2,000,000 general aggregate. B. Such insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; and shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. Upon receipt of notice from its insurer(s) that any insurance required by this Franchise Agreement will be cancelled or will not be renewed, and EXTENET will not replace such insurance with coverage as required by this Franchise Agreement, EXTENET shall provide the City with 30 days prior written notice of such cancellation. Notice shall be provided as required by Section 12 below. Should the City receive such notice, at City's discretion, the City may send a notice of default to EXTENET allowing EXTENET 15 days to cure its failure to maintain insurance as required by this Franchise Agreement. If EXTENET fails to cure the default within such 15 -day period, the City may unilaterally terminate this Franchise Agreement by sending a written notice of termination to EXTENET. C. EXTENET's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of EXTENET shall be deemed servants and agents of EXTENET for the purposes of this Franchise Agreement and are subject to the same restrictions, limitations, and conditions as if the Work were performed by EXTENET. EXTENET shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 246 Page 12 of 20 compliance with this Franchise Agreement and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is EXTENET's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on EXTENET's behalf are familiar with the requirements of this Franchise Agreement and other applicable Laws governing the Work performed by them. Section 9. Other Permits and Approvals. Nothing in this Agreement shall relieve EXTENET from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 10. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in EXTENET's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from EXTENET to another person or entity controlling, controlled by, or under common control with EXTENET. EXTENET may license Facilities to other users without the consent of the City provided that EXTENET remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. The Parties acknowledge that Small Wireless Facilities or wireline facilities ("Site Equipment") deployed by EXTENET pursuant to this Agreement may be owned and/or remotely operated by a third -party wireless carrier customer ("Carriers") and installed and maintained by EXTENET pursuant to existing agreements between EXTENET and a Carrier. Such use of EXTENET'S equipment by third parties, or Attachment of third party (Carrier) owned equipment shall not constitute an Assignment under this Agreement. The Site Equipment shall be treated as EXTENET's Site Equipment for all purposes under this Franchise. EXTENET shall remain solely responsible and liable for the performance of all obligations under this Franchise with respect to any Site Equipment owned and/or remotely operated by a Carrier. EXTENET shall identify the Carrier on whose behalf it is operating the Site Equipment on each Pole at the time of permitting. EXTENET is not required to submit its contract with such Carrier. C. In any transfer of this Franchise which requires the approval of the City, EXTENET shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. This Franchise may not be transferred without filing or establishing with the City the insurance certificates, security fund, and performance bond as required pursuant to this Franchise. The qualifications of any transferee shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any reasonable administrative costs associated with a transfer of this Franchise that requires CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 13 of 20 247 the approval of the City shall be reimbursed to the City within 30 days of such transfer. The transferee(s) shall thereafter be responsible for all obligations of EXTENET with respect to the Franchise; provided, that the transfer shall not in any respect relieve EXTENET, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, if the acts or omissions occur before the time of the transfer. Section 11. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. EXTENET does hereby warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. B. EXTENET shall be subject to a one-time $5,000 administrative fee for reimbursement of costs associated with the preparation, processing and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment and supplies associated with such tasks as plan review, site visits, meetings, negotiations and other functions critical to proper management and oversight of the City's right-of-way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after notice of franchise approval. C. The City reserves the right to exercise authority it has or may acquire in the future to charge a franchise fee as authorized by law and EXTENET shall in good faith endeavor to negotiate a reasonable Franchise fee or other fee if future law permits the City to charge a Franchise fee. However, the parties shall negotiate a site-specific charge acceptable to the parties for facilities for personal wireless services that meet one of the criteria in RCW 35.21.860(1)(e)(i)-(iii). Pursuant to RCW 35.21.860(1)(e), the City is not required to approve a use permit for the placement of a facility for personal wireless services that meets one of the criteria set forth in RCW 35.21.860(1)(e)(i)-(iii) absent such an agreement. D. In the event EXTENET submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, EXTENET shall reimburse the City for franchise amendments and reasonable actual -incurred expenses associated with the project. EXTENET shall pay such costs within 60 days of receipt of a bill from the City. E. Failure by EXTENET to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 7 of this ordinance. Section 12. Notices. Any notice to be served upon the City or EXTENET shall be delivered to the following addresses respectively: CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 248 Page 14 of 20 City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: TukwilaCityClerktukwilawa.gov Phone: 206-433-1800 With a copy to: Public Works Director City of Tukwila 6300 Southcenter Boulevard Ste. 100 Tukwila, WA 98188 EXTENET ExteNet Systems, Inc. Attn: CFO 3030 Warrenville Road, Suite 340 Lisle, Illinois 60532 With copy to General Counsel & COO at same address Copy email to NOTICE@extenetsystems.com Section 13. Indemnification. A. EXTENET shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and Facilities within the Franchise Area. EXTENET shall release, indemnify, defend, and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any act or omission of EXTENET, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to EXTENET by this Franchise, except in cases of City's gross negligence. In the event any claim or demand is presented to or filed with the City that gives rise to EXTENET's obligation pursuant to this section, the City shall within a reasonable time notify EXTENET thereof and EXTENET shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to EXTENET's obligation pursuant to this section, the City shall promptly notify EXTENET thereof, and EXTENET shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, EXTENET may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require EXTENET to: 1. protect and save the City harmless from any claims, actions or damages; 2. settle or compromise any claim, demand, suit or action; 3. appear in or defend any suit or action; or, CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 15 of 20 249 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between EXTENET and the City, EXTENET's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action that arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims made by EXTENET 's employees against the City, its officers, agents and employees, EXTENET expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of EXTENET's officers, agents or employees against the City. This waiver is mutually negotiated by the parties. Section 14. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, EXTENET shall have the option to terminate the Franchise Agreement. Section 15. Reservation of Rights. A. The parties agree that this Franchise Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. Accordingly, any provision of this Franchise Agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this Franchise Agreement does not constitute a waiver of any rights or obligations by either party under the law. B. Nothing in this Franchise Agreement shall prevent the City from constructing sanitary or storm sewers; grading, changing grade, paving, repairing, widening or otherwise altering any Public Rights -of -Way; laying down, repairing or removing water mains; or installing conduit or fiber optic cable. Section 16. Police Powers. A. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. EXTENET shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 250 Page 16 of 20 by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. B. Nothing in this Franchise Agreement shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of EXTENET's Facilities. City's approvals and inspections as provided herein are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Telecommunications System, suitability of the Franchise area for Construction, or any obligation on the part of the City to insure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Telecommunications System. Section 17. Future Rules, Regulations and Specifications. EXTENET acknowledges that the City may develop rules, regulations and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to EXTENET, shall thereafter govern EXTENET's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect EXTENET's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to EXTENET and other similar user of such facilities. Section 18. Entire Agreement. This Franchise Agreement contains all covenants and agreements between the City and EXTENET relating in any manner to the Franchise, use, and occupancy of the Public Rights -of -Way and other matters set forth in this Franchise Agreement. No prior agreements or understanding pertaining to the same, written or oral, shall be valid or of any force or effect and the covenants and agreement of EXTENET shall not be altered, modified, or added to except in writing signed by the City and EXTENET and approved by the City in the same manner as the original Franchise was approved. Section 19. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the effective date shall be determined as provided in this Franchise Agreement. Section 20. Time Limits Strictly Construed. Whenever this Franchise Agreement sets forth a time for any act to be performed by EXTENET, such time shall be deemed to be of the essence, and any failure of EXTENET to perform within the allotted time may be considered a Default of this Franchise Agreement. CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 17 of 20 251 Section 21. Joint Venture. It is not intended by this Franchise Agreement to, and nothing contained in this Franchise Agreement shall, create any partnership, joint venture, or principal -agent relationship or other arrangement between EXTENET and City. Neither Party is authorized to, nor shall either Party act toward third Persons or the public in any manner that would indicate any such relationship. The Parties intend that the rights, obligations, and covenants in this Franchise Agreement and any collateral instruments shall be exclusively enforceable by the City and EXTENET, their successors, and assigns. No Person not a Party hereto, and no such Person shall have any right or cause of action hereunder, except as may be otherwise provided herein. Further, EXTENET is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City. However, nothing in this section prevents an assignment as provided for in this Franchise Agreement. Section 22. Binding Effect Upon Successors and Assigns. All of the provisions contained in this Franchise Agreement shall be binding upon the heirs, successors, executors, administrators, receivers, trustees, legal representatives, transferees and assigns of EXTENET; and all privileges as well as any obligations and liabilities of EXTENET shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever EXTENET is named herein. Section 23. Waiver. No failure by either Party to insist upon the performance of any of the terms of this Franchise Agreement or to exercise any right or remedy consequent upon a Default thereof, shall constitute a waiver of any such Default or of any of the terms of this Franchise Agreement. None of the terms of this Franchise Agreement to be kept, observed, or performed by either Party, and no Default thereof, shall be waived, altered, or modified except by a written instrument executed by the injured Party. No waiver of any Default shall affect or alter this Franchise Agreement, but each of the terms of this Franchise Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default thereof. No waiver of any Default of the defaulting Party shall be implied from any omission by the injured Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and then only for the time and to the extent therein stated. One or more waivers by the injured Party shall not be construed as a waiver of the subsequent Default of the same covenant, term, or conditions. Section 24. Survival of Terms. Upon the expiration, termination, revocation, or forfeiture of the Franchise Agreement, EXTENET shall no longer have the right to occupy the Franchise area for the purpose of providing services authorized herein. However, EXTENET's obligations under this Franchise Agreement to the City shall survive the expiration, termination, revocation, or forfeiture of these rights according to its terms for so long as EXTENET's Telecommunications System or any part thereof shall remain in whole or in part in the Public Rights -of -Way, or until such time as EXTENET transfers ownership in all Facilities in the Franchise Area to the City or a third -Party, or until such time as EXTENET abandons said Facilities in place, all as provided herein. Said obligations include, but are not limited to: EXTENET's obligations to indemnify, defend, CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 252 Page 18 of 20 and protect the City, to provide insurance, to relocate its Facilities, and to reimburse the City for its costs to perform EXTENET's work. Section 25. Force Majeure. A. In the event EXTENET is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to, acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather conditions, employee strikes and unforeseen labor conditions not attributable to EXTENET's employees, EXTENET shall not be deemed in Default of provisions of this Franchise Agreement. B. If EXTENET believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise Agreement, EXTENET shall provide documentation as reasonably required by the City to substantiate EXTENET's claim. EXTENET shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise Agreement or to procure a substitute for such obligation that is satisfactory to the City; provided that EXTENET shall perform to the maximum extent it is able to perform and shall take reasonable steps within its power to correct such cause(s) in as expeditious a manner as possible, provided that EXTENET takes prompt and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with the Franchise Agreement without unduly endangering the health, safety, and integrity of EXTENET's employees or property, or the health, safety, and integrity of the public, Public Rights -of -Way, public property or private property. Section 26. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted to enforce any word, article, section, subsection, paragraph, provision, condition, clause or sentence of this Franchise Agreement or its application to any person or circumstance, the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys, paralegals, accountants, and other expert fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as allowed by Washington law and as determined by the judge or arbitrator at trial or arbitration, as the case may be, or on any appeal or review, in addition to all other amounts provided by Law. This provision shall cover costs and attorneys' fees related to or with respect to proceedings in Federal Bankruptcy Courts, including those related to issues unique to bankruptcy law. This provision shall not apply to the extent that the suit, action, arbitration, or other proceeding is brought to interpret any term, condition, provision, section, article, or clause of this Franchise Agreement. Section 27. Venue. This Franchise Agreement shall be governed by, and construed in accordance with the laws of the State of Washington. Any action brought relative to enforcement of this Franchise Agreement, or seeking a declaration of rights, duties, or obligations herein shall be initiated in the Superior Court of King County, and shall not be removed to a federal court, except as to claims over which such Superior Court has no CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs Page 19 of 20 253 jurisdiction. Removal to federal court shall be to the Federal Court of the Western District of Washington. Section 28. Corrections by City Clerk or Code Reviser Authorized. 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 29. 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 , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A — Franchise Agreement Acceptance Form CC: Legislative Development\Extenet Franchise Agreement 11-10-20 EC:bjs 254 Page 20 of 20 Date: EXHIBIT A Extenet Franchise Agreement Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Ordinance No. , adopted on , 2020. Dear City Clerk: In accordance with and as required by Section 5 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance"), Extenet Systems, Inc., a Delaware limited partnership, hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. By: Extenet Systems, Inc. Signature Name Title Date cc: Public Works Director, City of Tukwila, 6300 Southcenter Blvd., Tukwila, WA 98188 255 256 City of Tukwila City Council Transportation & Infrastructure Committee Meeting Minutes November16, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Cynthia Delostrinos Johnson, Chair, Verna Seal, Kate Kruller Staff Present: Rachel Bianchi, Hari Ponnekanti, Ryan Larson, Scott Bates, Eric Compton, Joel Bush, and Gail Labanara Guest: Rachel Fenton (Extenet Systems), Richard Adair-Zayo (Zayo) Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Bid Award: Andover Park East Water Main Pavement Repair Staff is seeking Council approval of a contract with Icon Materials in the amount of $141,546.00 for construction of the Andover Park East Water Main Pavement Repair Project. Committee Recommendation Unanimous approval, forward to November 16, 2020 Regular Meeting. B. Consultant Agreement: East Marginal Way South Stormwater Outfalls Staff is seeking Council approval of an agreement with KPG, Inc. in the amount of $179,978.98 for design and construction management of the East Marginal Way Stormwater Outfalls Project. Committee Recommendation Unanimous approval, forward to November 23, 2020 Consent Agenda at the Special Meeting. C. Contract Amendment: 2020/2021 Annual Small Drainage Programs Staff is seeking Council approval of KPG's Amendment No. 2 to Contract No 20-029 in the amount of $248,966 for design of an additional three sites and construction management services for the 2020/2021 Small Drainage Programs. Committee Recommendation Unanimous approval, forward to December 7, 2020 Regular Consent Agenda. D. Ordinance: Extenet Systems Franchise Agreement Staff is seeking Council approval of an Ordinance that would grant Extenet Systems, Inc. a franchise agreement with an initial ten-year term. Item(s) requiring follow-up: • Seek input from city attorney about including an off -ramp provision in the franchise agreement if the City does not approve of the locations of the small cell facilities. • Whether the $5,000 pre -paid administration fee can be refunded if we do not enter into an agreement. 257 Transportation & Infrastructure Committee Minutes November16, 2020 Committee Recommendation Unanimous approval, forward to November 23, 2020 Committee of the Whole. E. Asset Sharing Agreement: Zayo Group Staff is seeking Council approval of an asset sharing agreement with Zayo Group, LLC. Item(s) requiring follow-up: • Change Pierce County to King County in the agreement. Committee Recommendation Unanimous approval, forward to November 23, 2020 Special Consent Agenda. F. 2020 Committee Work Plan Committee members and staff discussed the status of items on the Committee work plan. Item(s) requiring follow-up: • Update items listing TBD status Committee Recommendation Discussion only. II. Miscellaneous a. 53rd Ave S Street Improvements - A group of 8-10 residents attended the Saturday morning meeting. Direction of the one-way was questioned and the City is working with the design consultant to change it as the initial reason was due to bicycle flow. The sidewalk and curb installation were originally part of the 2020 Overlay, but the 2020 project was reduced due to COVID budget reductions. The eastside sidewalk will be included in the 2021 Overlay project and the channelization will change during that construction. Flashing stop signs were requested and the downhill stop sign will be changed. Safety issues will also be looked at with the possibility of adding additional streetlights. Committee consensus was to prioritize the 53rd Ave S traffic revision project as part of the 2021 Overlay & Repair Project. A communication strategy for public outreach on CIP projects was recommended to be included in the Committee's 2021 Work Plan. The meeting adjourned at 6:30 p.m. CDJ Committee Chair Approval Minutes by GL 258 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/23/20 133M ITEM INFORMATION ITEM No. 4.J. 259 STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE Tourism Promotion Interlocal Agreement Review CATEGORY 11 Discussion 11/23/20 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S In 2014 the Cities of Tukwila, Des Moines, and SeaTac executed an interlocal agreement SUMMARY ("TPA ILA)" to form a Tourism Promotion Area (TPA) to cover the combined boundaries of the three cities. The TPA ILA allowed for a $2 per roomnight to be charged on area hotels with the funds being used for tourism promotion efforts in the combined city area. As a 2021 workplan item, staff is proposing to conduct a review of the TPA ILA. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/16/20 COMMITTEE CHAIR: MCLEOD ❑ Planning/Economic Dev. /1 Planning 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 $N/A $N/A $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum dated 11/10/20 Tourism Promotion Interlocal Agreement Planning and Economic Development Committee Minutes, 11/16/20 259 260 TO: FROM: CC: DATE: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Planning and Economic Development Committee Brandon Miles, Business Relations Manager Mayor Ekberg November 10, 2020 SUBJECT: 2021 Tourism Promotion Area Interlocal Agreement Review ISSUE On October 5 Planning and Economic Development Committee asked staff to create a workplan item to conduct a review of the Tourism Promotion Area (TPA) Interlocal Agreement in 2021. Staff is following up on this request with additional detail and background. BACKGROUND Tourism Promotion Area Interlocal Agreement In 2014 the Cities of Tukwila, Des Moines, and SeaTac executed an interlocal agreement ("TPA ILA)" to form a Tourism Promotion Area (TPA) to cover the combined boundaries of the three cities. Under Washington State law most municipalities in King County cannot form their own TPAs and must partner with at least one other jurisdiction'. Through the TPA ILA the cities agreed that the City of SeaTac would serve as the legislative authority for the TPA area. In 2014, after receiving a petition from hoteliers, the City of SeaTac formally adopted a resolution setting out a TPA fee in the three -city area. The total fee was $2 per night per eligible hotel stay in a hotel or motel with at least 90 rooms2. The $2 rate was the maximum permitted under the current State law. State law was recently amended to allow the rate to go up to $5 per night, provided 60% of the businesses that would pay the increase petition for the increase and it is approved by the legislative authority. Per the TPA ILA, 100% of the TPA fee, less a one percent administrative charge by the Department of Revenue, goes to Seattle Southside Regional Tourism Authority (SSRTA) for tourism promotion efforts in the three city area under the "Seattle Southside" brand. In 2019, SSRTA received just over $3.96 million from the TPA fee. The agreement provides a 20 -year term; however, any member City can withdraw from the TPA ILA by providing one year's notice to the other members. In addition, like any agreement, the signatories to the TPA ILA can mutually agree to amend the agreement at any time. The City of Federal Way was able to carve an exemption to allow it to form its own TPA without the need to partner with another jurisdiction. The TPA fee is a flat fee, while the lodging tax is a percentage. This allows the TPA to collect higher revenue than the lodging tax when rates are low. For example, a room at a hotel going for $100 a night would only provide $1 in lodging tax funds, while the TPA gets the full $2. 261 262 INFORMATIONAL MEMO Page 2 Allowable Use of Tourism Promotion Area Fee Revised Code of Washington 35.101.130 states that the Legislative Authority, "...shall have sole discretion as to how the revenue derived from this charge is to be used to promote tourism promotion that increases the number of tourists to the area." `Tourism Promotion' is defined as, "...activities and expenditures designed to increase tourism and convention businesses, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting tourists, and operating tourism designation marketing organizations." Unlike lodging tax provisions of State Law, the TPA RCW provides a definition of tourist3. A `tourist' means a person who travels for business or pleasure on a trip: (a) Away from the person's place of residence or business and stays overnight in paid accommodations; (b) To a place at least fifty miles away one way by driving distance from the person's place of residence or business for the day or stays overnight. However, island communities without land access are exempt from the mileage requirement under this subsection (5) (b); or (c) To another country or state outside of the person's place of residence or business. In addition to the RCWs outlined above, the TPA ILA also provides requirements on how the TPA funds must be used, the following outlines those provisions. a. The general promotion of tourism within the Seattle Southside TPA as specified in the businesses plan of the SSRTA; b. The marketing of convention and trade shows that benefit local tourism and the Lodging Businesses in the Seattle Southside TPA; c. The marketing of the Seattle Southside TPA region to the travel industry in order to benefit local tourism and the lodging businesses in the Seattle Southside TPA; d. The marketing of the Seattle Southside TPA region to recruit sporting events in order to promote local tourism and to benefit the Lodging Businesses and tourism industry within the Seattle Southside TPA; and e. Direct administration, operation, formation, and start-up costs associated with Seattle Southside TPA and the ongoing management and maintenance of the Seattle Southside TPA program, including but not limited to staff costs, public notice advertising, legal costs, accounting and auditing (including audits of the Parties and the SSRTA as they relate to this Agreement), as approved by SSRTA Board of Directors, provided no funds will be used for costs not directly related to operation of the Seattle Southside TPA, this Agreement, or the SSRTA. 3 This definition goes into effect on July 1, 2020. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/Info Memo, Tourism Promotion ILA Review.doc INFORMATIONAL MEMO Page 3 DISCUSSION From a good administrative and oversight standpoint, staff believes it is prudent to conduct regular reviews of agreements that the City is part of. The TPA ILA has now been in place for six years and staff would like to conduct a review of the agreement. The following are the key areas staff believes should be examined in the TPA ILA review: • Transparency and Accountability • Check in with Tukwila Hotels and other Stakeholders • Administration and Operation of the Tourism Promotion Area • Review of Changes in State Law Impacting Tourism Promotion Areas • Return on Investment for the Tourism Promotion Area Fee • Housekeeping of the Interlocal Agreement Staff anticipates that this review would take most of 2021. Ideally, this review would occur in partnership with the Cities of Des Moines and SeaTac and staff has already begun to have conversations with those cities staff about the review. However, should those cities not be able to participate, staff still believes it would be prudent for the City to conduct its own review. FINANCIAL IMPACT None RECOMMENDATION Forward to the November 23 Committee of the Whole meeting for discussion. ATTACHMENTS • Tourism Promotion Interlocal Agreement https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/Info Memo, Tourism Promotion ILA Review.doc 263 264 14-049 Council Approval 4/7/14 INTERLOCAL AGREEMENT FOR THE JOINT ESTABLISHMENT OF A TOURISM PROMOTION AREA THIS INTERLOCAL AGREEMENT FOR THE JOINT ESTABLISHMENT OF A TOURISM PROMOTION AREA (this "Agreement") dated this j'`111 day of 1Y 2014, is made and entered into by and among the CITY OF SEATAC ("SeaTac"), the CITY OF TUKWILA ("Tukwila"), and the CITY OF DES MOINES ("Des Moines"), each being a municipal corporation organized under the laws and statues of the State of Washington, for the purpose of establishing a joint tourism promotion area pursuant to chapter 35.101 of the Revised Code of Washington ("RCW"). RECITALS: WHEREAS, Tukwila currently administers Seattle Southside Visitors Services ("SSVS"), a tourism promotion program funded by lodging taxes imposed and collected within Tukwila, SeaTac, and Des Moines, and remitted to SSVS in exchange for tourism promotion services; and WHEREAS, the tourism industry is a vital and substantial component of the region's economy and tourism promotion increases the number of visitors to the region which in turn increases regional sales supporting the local economy; and WHEREAS, the Legislature of the State of Washington has recognized the importance of tourism promotion in the State of Washington and in 2003 passed Engrossed Substitute Senate Bill No. 6026, codified as chapter 35.101 RCW (the "TPA Act"), authorizing counties with a population greater than forty thousand but less than one million, and any city or town within such a county, to establish a tourism promotion area for the purpose of imposing special assessments on the furnishing of lodging to be expended exclusively on tourism promotion; and WHEREAS, in 2009 the Legislature amended the TPA Act to allow two or more cities located in a county with a population of one million or more acting jointly under chapter 39.34 RCW (the "Interlocal Cooperation Act") to form a tourism promotion area for such purpose; and WHEREAS, other Washington counties and cities, including Pierce County, the Tri - Cities, Spokane County, and Clark County, have established tourism promotion areas and have dedicated such funds for tourism promotion; and WHEREAS, the operators of lodging businesses located in southwest King County are preparing to initiate the formation of a tourism promotion area pursuant to the TPA Act within the jurisdictional boundaries of Tukwila, SeaTac and Des Moines (the "Seattle Southside TPA"); and z1 of c) ra y e 265 WHEREAS, depending on the rates of the assessments, the proposed Seattle Southside TPA is projected to provide approximately $2.5 million of additional revenue for tourism promotion each year; and WHEREAS, the additional revenue stream is expected to help the tourism promotion program currently administered by SSVS remain competitive with other destination marketing organizations in the State of Washington, bring more visitors to the area, bolster hotel occupancy, protect current jobs, create new jobs, increase business at restaurants and retail stores, and increase patronage at arts, cultural and sporting venues in an ever increasingly competitive marketplace; and WHEREAS, assessments received from the proposed Seattle Southside TPA will be remitted to a public development authority chartered by SeaTac pursuant to chapter 35.21 RCW; and WHEREAS, if formed, the Seattle Southside TPA is expected to provide needed resources to increase tourism, which will increase hotel occupancy among participating hotels within the defined area; and WHEREAS, the promotion of the region to increase tourism will also provide economic benefit to retail, restaurant, entertainment and cultural industries that are closely connected to the hotel industry and critical to the health of the local economy; and WHEREAS, SeaTac, Tukwila, and Des Moines (referred to herein as the "Parties") currently fund certain basic operations and media expenses of SSVS with lodging tax revenues and desire to have that work continue. As set forth herein, the Parties intend to commit certain lodging tax revenues to fund regional tourism marketing by contracting with the public development authority, or successor entity, for such services; and WHEREAS, it is paramount that SeaTac and Tukwila continue to operate SSVS in its current form until such time that the public development authority can assume all duties and obligations of SSVS; and WHEREAS, to form a tourism promotion area an initiation petition satisfying the terms of the TPA Act must first be presented to the legislative authority having jurisdiction of the area in which the proposed tourism promotion area is to be located and a public hearing must be held after providing proper notice; and WHEREAS, the Parties now desire to enter into this Agreement for the purpose of appointing a legislative authority to receive the initiation petition and otherwise carry out the terms of the TPA Act in order to help facilitate the formation and operation of the Seattle Southside TPA; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: 2 266 Section 1. Definitions. In addition to the terms defined in the Recitals above, the following terms shall have the meanings set forth below: "Agreement" means this Interlocal Agreement for the Joint Establishment of a Tourism Promotion Area by and among SeaTac, Tukwila and Des Moines, entered into pursuant to the TPA Act and the Interlocal Cooperation Act, as it may be amended from time to time. "Annual Budget" means the budget approved pursuant to Section 7 of this Agreement. "Des Moines" means the City of Des Moines, a municipal corporation organized under the laws and statutes of the State. "Interlocal Cooperation Act" means chapter 39.34 RCW as the same may be amended from time to time. "Legislative Authority" means the legislative authority of the Seattle Southside TPA appointed pursuant to Section 2 of this Agreement, as the same shall be duly and regularly constituted from time to time. "Lodging Business" means a business located within the Seattle Southside TPA that furnishes lodging taxable by the State under chapter 82.08 RCW that has 40 or more lodging units. Lodging facilities with fewer than 40 rooms are not considered "Lodging Businesses" for the purpose of this Agreement and are exempt from any fees imposed under chapter 35.101 RCW. "Operating Agreement" means the agreement(s) for the operation and management of the Seattle Southside TPA. "Operator" or "Operator of a Lodging Business" means an operator of a Lodging Business, whether in the capacity of owner, general manager, lessee, sublessee, mortgagee in possession, license or any other similar capacity. "Petition" means the initiation petition delivered to the Legislative Authority pursuant to the TPA Act. "SeaTac" means the City of SeaTac, a municipal corporation organized under the laws and statutes of the State. "SeaTac City Council" means the City Council of SeaTac as the general legislative authority of SeaTac, as the same shall be duly and regularly constituted from time to time. "Seattle Southside Tourism Promotion Area" means the geographic area identified in the Petition. "Seattle Southside TPA" means the Seattle Southside Tourism Promotion Area. 3 267 "Special Assessment" means the levy (charge) imposed by the Legislative Authority on the Operators of Lodging Businesses within the Seattle Southside TPA and subsequently passed on to the guests of the Lodging Business, under the authority of the TPA Act, for the purpose of providing funding of tourism promotion in the boundaries of the Seattle Southside TPA. "SSRTA" or "Seattle Southside Regional Tourism Authority" means the public development authority chartered by SeaTac pursuant to chapter 35.21 RCW. "SSRTA Board of Directors" means the Board of Directors of SSRTA, as the general legislative authority of SSRTA, as the same shall be duly and regularly constituted from time to time. "SSVS" means Seattle Southside Visitors Services, a tourism promotion program currently administered by Tukwila. "State" means the State of Washington. "Tourism Promotion" means domestic and international tourism promotion, advertising, sales and marketing activities intended to encourage tourism in the Seattle Southside TPA in order to increase area hotel occupancies. "Promotion, advertising, sales and marketing activities" include, but are not limited to, strategic planning, market research, creative development, media placement, sales activities, hosting tourism industry events relating to promotion and marketing, and administrative and management support for such services, and creating and maintaining a standing limited reserve, as such reserve may be specified in the Annual Budget, to fund any such activities. "Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping purposes by the Operator of a Lodging Business for a period of 30 consecutive calendar days or less, counting a portion of a day as a full calendar day. "Tukwila" means the City of Tukwila, a municipal corporation organized under the laws and statutes of the State. "Zone" or "Zones" means the distinct geographic subarea or subareas within the Seattle Southside TPA as established by resolution of the Legislative Authority. Section 2. Purpose of this Agreement; Appointment of Legislative Authority. (a) Purpose of this Agreement. The purpose of this Agreement is (1) to promote tourism in the boundaries of the Seattle Southside TPA by appointing a legislative authority for the purpose of accepting an initiation Petition for the formation of the Seattle Southside TPA pursuant to the TPA Act in the jurisdictional boundaries of SeaTac, Tukwila and Des Moines, which when and if created, will permit collection of Special Assessments from Lodging Businesses to fund Tourism Promotion, and (2) to memorialize the agreement among the Parties hereto relating to the Seattle Southside TPA. 4 268 The Petition must describe the boundaries of the proposed tourism promotion area, the proposed uses and projects to which the proposed revenue from the charges shall be used and the total estimated costs, the estimated rate for the charge with a proposed breakdown by class of Lodging Businesses (if such classification is to be used), and the signatures of the persons who Operate Lodging Business in the proposed area who would pay sixty percent or more of the proposed charges. (b) Appointment of Legislative Authority. The SeaTac City Council is hereby appointed as the Legislative Authority of the Seattle Southside TPA for purposes of this Agreement and the TPA Act. References to the "Legislative Authority" herein shall mean the SeaTac City Council serving in its capacity as the Legislative Authority of the Seattle Southside TPA. (c) Understanding of the Parties. It is hereby understood and agreed by the Parties that the SeaTac City Council, serving in its capacity as the Legislative Authority, shall, after receiving the Petition, proceed with adopting a resolution of intent to establish the "Seattle Southside Tourism Promotion Area" designated to include the jurisdictional boundaries of SeaTac, Tukwila and Des Moines, and hold a public hearing after providing proper notice under the terms of the TPA Act. It is understood and agreed to by the Parties hereto that the purpose of forming the Seattle Southside TPA is to provide an additional source of revenue to be used exclusively to fund Tourism Promotion within the boundaries of the Seattle Southside TPA which will benefit the tourism industry and the Operators of Lodging Businesses located in the boundaries of the Seattle Southside TPA and the Parties hereto. (d) Termination of Proceedings. Notwithstanding anything herein to the contrary, if the Seattle Southside TPA is not formed by March 31, 2015, this Agreement shall terminate and shall no longer be in force and effect. Section 3. Legislative Authority; Meetings; Powers. (a) Officers of the Legislative Authority. The Chair of the SeaTac Lodging Tax Advisory Committee, or his or her designee, shall serve as Chair of the Legislative Authority. On matters decided by the Legislative Authority, the signature of the Chair alone is sufficient to bind the Legislative Authority. (b) Meetings of the Legislative Authority. Regular meetings of the Legislative Authority shall be held at the times and locations set forth in a meeting schedule approved by the Legislative Body. There shall be at least one meeting of the Legislative Authority each year, and not less than fifteen days' notice shall be given to all members of the Legislative Authority and the Parties hereto prior to any such meeting. Other meetings (including special meetings) may be held upon request of the Chair or any other members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Each member of the Legislative Authority shall have an equal vote and voice in all decisions of the Legislative Authority. Unless otherwise provided, the City of SeaTac City Council Administrative Procedures and Robert's Revised 5 269 Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Legislative Authority. (c) Powers of the Legislative Authority. The Parties hereto acknowledge and agree that the SeaTac City Council is being appointed solely to serve as the "legislative authority" for purposes of the TPA Act. The day to day operations of the Seattle Southside TPA, including but not limited to the management and expenditure of Special Assessments, shall be managed by SSRTA as manager and operator of the Seattle Southside TPA. The SeaTac City Council, when acting in its capacity as Legislative Authority, shall have the authority to: 1. Receive the Petition, adopt a resolution of intent to form the Seattle Southside TPA, hold a public hearing as required by the TPA Act, and otherwise carry out the terms of the TPA Act; 2. Form the Seattle Southside TPA, establish rates of Special Assessments and levy Special Assessments pursuant to the terms of this Agreement, the Petition, and the TPA Act; 3. Adopt an Annual Budget; 4. Conduct regular and special meetings as may be designated by the Legislative Authority; 5. Enter into agreements with third parties as necessary to fully implement the purposes of this Agreement; 6. Enter into Operating Agreements with SSRTA for the operation of the Seattle Southside TPA, the management and expenditure of Special Assessments and other revenues, and other services as determined to be necessary from time to time; 7. Enter into agreements with and receive funds from any federal, state or local agencies and to distribute such funds to SSRTA; 8. Receive and account for all funds allocated to the Seattle Southside TPA; and 9. Engage in any and all other acts necessary to further the goals of this Agreement. Section 4. Levy of Assessments on Lodging Businesses within the Seattle Southside TPA. (a) The Legislative Authority will levy Special Assessments on the Operators of Lodging Businesses within the Seattle Southside TPA in accordance with the Zones and levels of Special Assessments as set forth in the Petition and resolution of the Legislative Authority. The Parties acknowledge that, unless otherwise provided for in the Petition, Special Assessments shall not be imposed on rooms (1) where the occupant has stayed 30 or more days and are not otherwise on a Transient Basis, (2) that are provided by an Operator of a Lodging Business to 6 270 guests without charge for promotional purposes, (3) available exclusively to members or guests of members of a private member -owned clubs or its reciprocal clubs, or (4) contracted with airline crews. (b) The Legislative Authority shall contract with the State Department of Revenue for the administration and collection of the Special Assessments pursuant to RCW 35.101.090. Special Assessments shall be deposited into the local tourism promotion account created in the custody of the State Treasurer under RCW 35.101.100. It is understood and agreed that in accordance with RCW 35.101.100, the State Treasurer has the authority to distribute the revenue from the tourism promotion account allocable to the Seattle Southside TPA to the Legislative Authority, or directly to the SSRTA, on a monthly basis. SeaTac shall act as fiscal agent to the Seattle Southside TPA and shall be responsible for receiving Special Assessments from the State Treasurer and holding such funds in a segregated account(s) until remitted to SSRTA pursuant to Section 7 of this Agreement. (c) Any change in the Special Assessment rates for any Zone as set in the resolution of the Legislative Authority shall be made only by amendment of the resolution by the Legislative Authority and only upon written request by the persons who Operate Lodging Business in the proposed area who would pay sixty percent or more of the proposed charges and with the approval and consent of the SSRTA Board of Directors. No increase in the Special Assessment rates for any Zone or the boundaries of any Zone shall be made by the Legislative Authority except after receipt of the written request of persons who Operating Lodging Businesses as identified in the preceding sentence and upon the affirmative approval of the SSRTA Board of Directors. (d) It is understood and agreed by the Parties hereto that the Special Assessments imposed in the Seattle Southside TPA are not a tax on the "sale of lodging" for the purposes of chapter 82.14 RCW and are not applicable to temporary medical housing exempt under chapter 82.08 RCW. (e) It is understood and agreed by the Parties that the Special Assessments imposed under this Agreement are in addition to the special assessments that may be levied under chapter 35.87A RCW. Section 5. Use of Special Assessment Revenue. All of the revenues from Special Assessments collected by the State Depaitment of Revenue from Lodging Businesses within the Seattle Southside TPA shall be remitted by the Legislative Authority to SSRTA and shall be used exclusively for Tourism Promotion as defined herein, and for no other purpose, in accordance with the Annual Budget. The revenue derived from the Special Assessments shall be used only for the following purposes: (a) The general promotion of tourism within the Seattle Southside TPA as specified in the business plan of the SSRTA; (b) The marketing of convention and trade shows that benefit local tourism and the Lodging Businesses in the Seattle Southside TPA; 7 271 (c) The marketing of the Seattle Southside TPA region to the travel industry in order to benefit local tourism and the lodging businesses in the Seattle Southside TPA; (d) The marketing of the Seattle Southside TPA region to recruit sporting events in order to promote local tourism and to benefit the Lodging Businesses and tourism industry within the Seattle Southside TPA; and (e) Direct administration, operation, formation, and start-up costs associated with the Seattle Southside TPA and the ongoing management and maintenance of the Seattle Southside TPA program, including but not limited to staff costs, public notice advertising, legal costs, accounting and auditing (including audits of the Parties and the SSRTA as they relate to this Agreement), as approved by the SSRTA Board of Directors, provided no funds will be used for costs not directly related to operation of the Seattle Southside TPA, this Agreement, or the SSRTA, Section 6. Lodging Taxes. The Parties intend to commit lodging tax revenues to fund regional tourism marketing by contracting with the SSRTA, or successor entity. The Parties intend the minimum annual funding levels to be set according to the following table: Annual Commitment of Lodging Tax to the SSRTA* Year SeaTac Tukwila Des Moines 2014 $835,000 $712,000 100% of monthly lodging tax receipts 2015 $460,000 $405,000 100% of monthly lodging tax receipts 2016 $383,333 $337,500 100% of monthly lodging tax receipts 2017 $306,666 $270,000 100% of monthly lodging tax receipts 2018 and beyond $230,000 $202,500 100% of monthly lodging tax receipts * The exact amount of funding for 2014 will be pro -rated based upon the actual date of establishment of the SSRTA. Notwithstanding the foregoing, the Parties acknowledge and agree that the final allocation, uses, and level of lodging tax revenue is subject to the provisions of chapter 67.28 RCW. Recognizing that RCW 67.28.1816 requires that the annual expenditures of the respective City's lodging tax be approved by the respective city council (based on a recommendation from its respective lodging tax advisory committee) this Agreement provides no guarantee that future city councils will approve future funding. The Parties further recognize that Tukwila has financial obligations in place to operate SSVS. Tukwila may, at its sole discretion and absolute authority, reduce the annual payment to the SSRTA in order to meet obligations and liabilities associated with the operation of SSVS, including, but not limited to, labor, lease costs, payment of utilities, and other contracts executed in support of SSVS by Tukwila. 8 272 Section 7. Management of Seattle Southside TPA; Annual _Budget;_ Reporting Requirements. (a) The Legislative Authority shall contract with the SSRTA pursuant to one or more Operating Agreements for the management and operation of the Seattle Southside TPA. (b) The Parties hereto acknowledge and agree that SeaTac is chartering the SSRTA for the purpose of serving as a separate legal entity formed to advise and make recommendations to the Legislative Authority on all matters related to the Seattle Southside TPA and to carry out its purposes as set forth in its formation documents. The Parties agree to execute agreements with the SSRTA for tourism promotion services and for the transfer of assets, equipment, and intellectual property (including the SSVS "brand") used by SSVS to accomplish the purposes of the SSRTA, as determined to be necessary by the SSRTA to accomplish its purposes. The Parties hereto agree to use best efforts to assist in the transition of such services, assets, equipment, and property at no cost to the SSRTA. (c) SSRTA shall be responsible for administering the activities and programs of the Seattle Southside TPA and preparing an Annual Budget for the Seattle Southside TPA. (d) The Legislative Authority shall approve an Annual Budget for the use of Special Assessments and shall provide a copy of the Annual Budget to the Parties hereto. The Annual Budget shall consist of: 1. A list of the Lodging Businesses subject to Special Assessments and an estimate of the revenue to be received from all such Lodging Businesses; and 2. A statement of the proposed budget for all Seattle Southside TPA activities and programs to be funded from Special Assessments during the ensuing fiscal year. (e) SSRTA, as manager of the Seattle Southside TPA, shall agree to comply with all applicable provisions of state and federal law, including but not limited to, the TPA Act, and with all applicable county or city resolutions and ordinances, and with all regulations lawfully imposed by the State Auditor or other state agencies, and the applicable provisions of this Agreement. (0 All Special Assessments received by SeaTac, as fiscal agent for the Seattle Southside TPA, from the State Department of Revenue and any interest thereon shall be deposited by SeaTac in a special account and thereafter transferred to SSRTA within thirty days following receipt. Provided, however, no Special Assessment shall be transferred in any fiscal year until after the adoption of that year's fiscal Annual Budget. (g) Legislative Authority shall submit a statement of actual revenues and expenditures to the SSRTA Board of Directors and the Parties hereto. 9 273 (h) The Parties acknowledge and agree that revenue derived from the Special Assessments is intended to enhance, supplement, and extend existing tourism marketing efforts of the Parties. Section 8. Initial Duration; Withdrawal and Termination. (a) Initial Term. The initial duration of this Agreement shall be for a period of twenty years from its effective date. (b) Withdrawal from Agreement; Termination by the Parties. Any Party to this Agreement may withdraw its participation in this Agreement and in the Seattle Southside TPA by providing written notice and serving that notice to the Legislative Authority as provided herein. No Party is permitted to withdraw until this Agreement has been in force at least four years from the effective date. Once this Agreement has been in force for four years, any Party may withdraw by providing at least one year notice of its intent to withdraw. The Party giving notice of intent to withdraw may revoke its notice by giving written notice of revocation to the Legislative Authority. Within 90 days after receiving proper notice as provided in this section, the Legislative Authority shall adopt a resolution of intention (i) identifying the Party that has given notice of withdrawal, (ii) stating that Seattle Southside TPA may be modified or terminated, as applicable, (iii) describing the change or changes proposed, or indicate that it is the intention to revise the boundaries or disestablish the Seattle Southside TPA, and (iv) providing the time and place of a public hearing to be held by the Legislative Authority on the proposed action; provided, the public hearing shall be at least 15 days prior to consideration of the proposed action. The Legislative Authority may, by ordinance, revise the boundaries or disestablish the Seattle Southside TPA after conducting a hearing to receive public comment regarding the boundary revision or disestablishment of the Seattle Southside TPA. Unless the written notice of withdrawal has been revoked by the withdrawing Party and accepted by the Legislative Authority, the revision or disestablishment shall become effective on the date specified by the Legislative Authority. (c) For the sake of clarity, it is the intention of the Parties hereto that this Section 8 provides for a method of withdrawal and/or termination of this Agreement that is initiated solely by a Party to this Agreement. This Section 8 is intended to be in addition to the method of modification and/or disestablishment of the Seattle Southside TPA as provided in Section 9 below. Section 9. Modification or Disestablishment of the Seattle Southside TPA. (a) The Legislative Authority may modify the provisions of the resolution or ordinance establishing the Seattle Southside TPA, revise the boundaries of the Seattle Southside TPA, or provide for the disestablishment of the Seattle Southside TPA, after adopting a resolution of intention to such effect. Such resolution of intention shall describe the change or changes proposed, or indicate that it is the intention to revise the boundaries or disestablish the Seattle Southside TPA, and shall state the time and place of a public hearing to be held by the 10 274 Legislative Authority to consider the proposed action; provided, the public hearing shall be at least 15 days prior to consideration of the proposed action. (b) Additionally, upon receipt of a petition indicating a desire to revise the boundaries or disestablish the Seattle Southside TPA, with the signatures of the persons who Operate Lodging Businesses in the Seattle Southside TPA who pay 50% or more of the total Special Assessments, the Legislative Authority shall adopt a resolution of intention to revise the boundaries or disestablish the Seattle Southside TPA, and shall state the time and place of a public hearing to be held by the Legislative Authority to consider the proposed action; provided, the public hearing shall be at least 15 days prior to consideration of the proposed action. (c) After conducting the public hearing to take public comment on the proposed action as required under Section 9(a) or (b), the Legislative Authority may, by ordinance, revise the boundaries or disestablish the Seattle Southside TPA. Notwithstanding the foregoing, if at a hearing held pursuant to Section 9(a) or (b) a petition objecting to the boundary revision or disestablishment is presented, with the signatures of the persons who Operate Lodging Businesses in the Seattle Southside TPA who pay 50% or more of the total Special Assessments, the Seattle Southside TPA shall not be altered or disestablished. If such petition objecting to the boundary revision or disestablishment is not presented at the hearing, the Legislative Authority shall proceed to revise the boundaries or disestablish the Seattle Southside TPA. (d) Notwithstanding anything to the contrary in this Agreement, in no case shall the Parties hereto be obligated to satisfy the outstanding obligations of the Seattle Southside TPA or the SSRTA from such Party's moneys, funds, or other sources of revenue unless it otherwise agrees to in writing. Section 10. Miscellaneous Provisions. (a) Waiver. No officer, employee, or agent of SeaTac, Tukwila or Des Moines has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement by SeaTac, Tukwila or Des Moines shall be held to be a waiver of any other or subsequent breach. Failure of SeaTac, Tukwila or Des Moines to enforce any of the provisions of this Agreement or to require performance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part hereof, or the right of SeaTac, Tukwila or Des Moines to hereafter enforce each and every such provision. (b) Records. All records prepared, owned, used or retained by SSRTA in conjunction with operating or administering the activities and programs of the Seattle Southside TPA as provided for under the terms of this Agreement shall be made available by the SSRTA upon request to SeaTac, Tukwila or Des Moines. (c) Property and Equipment. The SSRTA shall be the owner of all property and equipment purchased in furtherance of this Agreement from Special Assessment revenue. Provided, however, in the event of the termination of the Operating Agreement with the SSRTA, the SSRTA shall agree to make the property and/or equipment available to the successor 11 275 manager for its use in conjunction with providing similar services. Provided further, in the event of disestablishment of the Seattle Southside TPA, all property and equipment purchased by the SSRTA from Special Assessment revenue shall be retained by SeaTac and used for any lawful purpose. (d) Integration. This Agreement contains all of the terms and conditions agreed upon by SeaTac, Tukwila or Des Moines concerning the establishment of the Seattle Southside TPA and the collection of Special Assessments from Operators of Lodging Businesses. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. The Parties have read and understand all of this Agreement, and now state that no representation, promise, or agreement not expressed in this Agreement has been made to induce the officials of SeaTac, Tukwila or Des Moines to execute this Agreement. (e) Severability. In the event any provision of this Agreement shall be declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be effected or impaired thereby. (f) Hold Harmless; No Liability. SeaTac shall indemnify and hold harmless Tukwila and Des Moines and their agents, employees, and/or officers, from any and all costs, claims, judgments, or awards of damages arising out of the acts or omissions of SeaTac, its officers, employees or agents and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Tukwila or Des Moines arising out of, in connection with, or incident to this Agreement and/or SeaTac's performance or failure to perform any aspect of this Agreement. Tukwila shall indemnify and hold harmless SeaTac and Des Moines and their agents, employees, and/or officers, from any and all costs, claims, judgments, or awards of damages arising out of the acts or omissions of Tukwila, its officers, employees or agents and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against SeaTac or Des Moines arising out of, in connection with, or incident to this Agreement and/or Tukwila's performance or failure to perform any aspect of this Agreement. Des Moines shall indemnify and hold harmless Tukwila and SeaTac and their agents, employees, and/or officers, from any and all costs, claims, judgments, or awards of damages arising out of the acts or omissions of Des Moines, its officers, employees or agents and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Tukwila or SeaTac arising out of, in connection with, or incident to this Agreement and/or Des Moines' performance or failure to perform any aspect of this Agreement. The SSRTA shall be an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the SSRTA shall be satisfied exclusively from the assets and credit of the SSRTA. No creditor or other person shall have any 12 276 recourse to the assets, credit, or services of the Parties hereto on account of any debts, obligations, liabilities, acts, or omissions of the SSRTA, unless otherwise agreed in writing by such Party. (g) Filing of Agreement. This Agreement shall become effective immediately after it is duly adopted and executed by the City Council of SeaTac, the City Council of Tukwila, and the City Council of Des Moines and shall be filed and/or posted as required in the Interlocal Cooperation Act. (h) Notice. Any formal notice or communication to be given among the Parties to this Agreement shall be deemed properly given, if delivered either in physical or electronic means, or if mailed postage prepaid and addressed to: City of SeaTac 4800 S. 188th Street SeaTac, WA 98188 Phone: 206.973.4800 Attn: City Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Phone: 206.433.1800 Attn: City Mayor City of Des Moines 21630 11th Ave. S., Suite A Des Moines, WA 98198 Phone: 206.878.4595 Attn: City Manager (i) Amendment. This Agreement may be amended by the mutual consent of the Parties hereto. No additions to or alterations of the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of all Parties. (j) Operation of SSRTA. Each Party hereto further authorizes SeaTac to operate the SSRTA within the corporate limits of such city to accomplish the purposes of and pursuant to the terms of this Agreement. (k) Counterparts. This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. 13 277 278 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. City of Tukwila City of SeaTac Jim a � � erton // To + d Cutts M y • ��' City Manager City of Tukwila City of SeaTac 6200 Southcenter Blvd 4800 S. 188th St Tukwila, WA 98188 SeaTac, WA 98188 City of Des Moines Tony 'ri City Manager City of Des Moines 21630 11th Ave S, Ste 98198 Des Moines, WA 98198 14 Approved as to Form: Planning& Economic Development Committee Minutes November16, 2020 D. Tourism Promotion Area Interlocal Agreement Review Staff provided an overview and a plan for 2021 review of the ILA. Chair McLeod emphasized the importance of hotelier input and the return on investment. Councilmember Hougardy mentioned checking in with other types of businesses. Committee Recommendation Discussion only. Forward to November 23, 2020 Committee of the Whole ii. MISCELLANEOUS The /meeeting adjourned at 6::44 p.m. /'�'( Committee Chair Approval Minutes by LH 279 280 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/9/20 BWM 11 Motion Date 11/23/20 11/23/20 BWM ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR ❑ Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Discussion and motion on guiding principles for the allocation of tourism funds SUMMARY (Lodging Tax and Tourism Promotion Fee). REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/2/20 COMMITTEE CHAIR: McLeod 0 Planning/Economic Dev. ITEM INFORMATION ITEM No. Spec 2B.1 281 STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 11/9/20 AGENDA ITEM TITLE Tourism Funding Allocation Principles CATEGORY 11 Discussion 11/9/20 11 Motion Date 11/23/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR ❑ Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Discussion and motion on guiding principles for the allocation of tourism funds SUMMARY (Lodging Tax and Tourism Promotion Fee). REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/2/20 COMMITTEE CHAIR: McLeod 0 Planning/Economic Dev. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office, Economic Development Unanimous Approval; Forward to Committee of the Whole 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 11/9/20 Forward to next Regular Meeting Consent Agenda 11/23/20 MTG. DATE ATTACHMENTS 11/9/20 Informational Memorandum, dated 10/27/20 Informational Memorandum, "Permitted Uses of Lodging Tax Funds," dated 9/23/16 Informational Memorandum, "Tourism Funding Discussion," dated 5/20/20 (Updated 7/27/20). Tourism Funding at a Glance One Pager Staff PowerPoint Presentation PED Minutes, November 2, 2020 11/23/20 Resolution (per 11/9/20 C.O.W.) 281 282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING GUIDING PRINCIPLES FOR THE ALLOCATION OF THE CITY'S TOURISM FUNDS. WHEREAS, the visitor economy (both day and overnight visitors) generates significant economic development activity in the City of Tukwila; and WHEREAS, the City Council previously authorized the collection of a lodging tax charge on certain eligible stays in the City's hotels, motels, and short-term rental accommodations; and WHEREAS, the City Council previously authorized the execution of an Interlocal Agreement with the cities of SeaTac and Des Moines, which established the framework to allow for the collection of a Tourism Promotion Area fee on eligible stays at hotels and motels within the City; and WHEREAS, the lodging tax and Tourism Promotion Area fees make up the combined tourism funds authorized by the City Council to be collected in the City of Tukwila; and WHEREAS, the City Council desires to ensure the City's tourism funds are used in a strategic manner as a resource to help grow the City's tourism economy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Guiding Principles for Tourism Funding Established. In addition to the requirements of Washington State law and Interlocal Agreements executed by the City, the City shall strive to use the following principles to guide the use of the City's tourism funds: A. The Tourism Promotion Area revenues should be used to attract overnight visitors from 50 miles or more outside of Tukwila using the Seattle Southside brand and focusing on state, national, and global marketing. CC: \Legislative Development\Tourism funds—guiding principles 11-16-20 BM:bjs Review and analysis by Barbara Saxton Page 1 of 2 283 B. Lodging tax funds should be used for the following: 1. Marketing efforts to attract visitors under other brands (such as Seattle and Kent Valley). 2. Marketing to attract day visitors from within the greater Seattle region using the "Tukwila" brand. 3. Developing Tukwila as a destination ("Destination Development") including: a. Tourism infrastructure b. Events and Festivals (1) Operations (2) Marketing (3) Development C. The City of Tukwila should control how its brand is used within the region. Section 2. Flexibility in Use of Funds Maintained. Nothing in Section 1 of this resolution should be interpreted to prevent any organization from requesting tourism funds from the City. These principles are intended to assist the City Council, staff, and City advisory committees when considering the use of tourism funds, including the award of lodging tax funding requests. The City may deviate from these principles when it is determined opportunities exist to use tourism funding for initiatives that may have significant, measurable economic impacts to the City. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC: \Legislative Development\Tourism funds—guiding principles 11-16-20 BM:bjs Review and analysis by Barbara Saxton Page 2 of 2 284 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/9/20 BWM 11 Motion Date 11/23/20 11/23/20 BWM ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR ❑ Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Motion adopting the Tourism Funding, Six Year Financial Plan. SUMMARY REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/2/20 COMMITTEE CHAIR: McLeod 0 Planning/Economic Dev. ITEM INFORMATION ITEM No. Spec 2B.2 285 STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 11/9/20 AGENDA ITEM TITLE Tourism Funding, Six Year Financial Plan CATEGORY 11 Discussion 11/9/20 11 Motion Date 11/23/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR ❑ Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S Motion adopting the Tourism Funding, Six Year Financial Plan. SUMMARY REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 11/2/20 COMMITTEE CHAIR: McLeod 0 Planning/Economic Dev. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office, Economic Development Unanimous Approval; Forward to Committee of the Whole 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 11/9/20 Forward to next Regular Meeting Consent Agenda 11/23/20 MTG. DATE ATTACHMENTS 11/9/20 Informational Memorandum, dated 10/26/20 Draft (Updated October 27, 2020) Tourism Funding, Six Year Financial Plan Informational Memo, Lodging Tax Six -Year Financial Model, dated 9/28/20 Committee of the Whole, PowerPoint Presentation PED Minutes, November 2, 2020 11/23/20 No attachments 285 286 COUNCIL AGENDA SYNOPSIS 1 nitials Meeting Date Prepared lg Mayor's review Council review 11/23/20 JR ITEM INFORMATION ITEM NO. Spec 2.C. 287 STAFF SPONSOR: RYAN LARSON ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE Surface Consultant Water Fund - East Marginal Way South Stormwater Outfalls Agreement with KPG, Inc. CATEGORY ❑ Discussion Mtg Date Motion Date 11/23/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police 11 PIF' SPONSOR'S A consultant agreement was executed with KPG for design and construction management SUMMARY under Contract No. 14-010 for $403,101.72 for the Surface Water's East Marginal Way South Stormwater Outfalls Project. This contract inadvertently expired on July 31, 2020. This KPG contract is for the remaining balance and has a new expiration date. Council is being asked to authorize the consultant agreement with KPG, Inc. in the amount of $179,978.98. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELESTRINOS JOHNSON ❑ LTAC DATE: 11/16/20 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Public Works Unanimous Approval; Forward to Consent Agenda Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $179,978.98 $315,000.00 $0.00 Fund Source: 412 SURFACE WATER FUND Comments: page 84, Proposed 2021 CIP MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memo dated 11/13/20 KPG Consultant Agreement and Scope of Work Minutes from Transportation and Infrastructure Committee meeting of 11/16/20 287 288 City of Tukwila Allan Ekberg, Mayor Pero /k Works Deportment Had Parrnekantir Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Interim Public Works Director BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: November 13, 2020 SUBJECT: Surface Water Fund - East Marginal Way South Stormwater Outfalls Project No. 91041204 Consultant Agreement ISSUE Approve a Consultant Agreement with KPG for final design and construction management services. BACKGROUND A construction contract was awarded to Marshbank Construction, Inc. for construction of drainage improvements along the northern portion of East Marginal Way South. This project will reestablish a drainage connection to the Duwamish River and will add water quality treatment for a portion of East Marginal Way S. Construction is anticipated to begin in December 2020. A consultant agreement was executed with KPG for design and construction management of this project under Contract No. 14-010 for $403,101.72. This contract inadvertently expired on July 31, 2020 prior to it being extended. DISCUSSION A new consultant contract is necessary to provide construction engineering and final design following the expiration of Contract No. 14-010. This new contract has a nearly identical scope and fee as the previous contracted work with the only change being a new completion date and a provision to pay for consultant expenses for work on scope items that occurred after the expiration of the previous contract. FISCAL IMPACT Budget remains to complete this project and no additional costs are anticipated at this time. KPG has expended $203,125.74 of Contract No. 14-010, leaving a balance of $179,978.98. KPG has prepared the attached contract, scope of work, and fee to complete the design and provide the necessary construction management services. The proposed contract amount for this work is $179,978.98. RECOMMENDATION Council is being asked to authorize the Mayor to execute a consultant agreement for design and construction management services with KPG Inc. in the amount of $179,978.98 for the East Marginal Way Stormwater Outfall Project and consider this item on the Consent Agenda at the November 23, 2020 Special Meeting. Attachment: KPG Consultant Agreement and Scope of Work https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2020 Agenda Items/TIC 11-16-2020/2. East Marginal Way S. Outfalls/Info Memo KPG New Contract.docx 289 290 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering services in connection with the project titled 'East Marginal Way South Stormwater Outfalls Project'. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2021, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2021 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $179,978.98 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 291 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised : 1-2013 292 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1-2013 Page 3 293 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1-2013 294 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG 3131 Elliott Ave, Suite 400 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this CITY OF TUKWILA day of , 2020. Mayor, Allan Ekberg CONSULTANT By: Printed Name:Nelson Davis, KPG Title: Principal Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1-2013 Page 5 295 296 EXHIBIT A City of Tukwila East Marginal Way South Stormwater Outfalls Project Final Design and Construction Services Scope of Work November 03, 2020 This Contract is provided to complete work originally scoped under Supplement No. 6 for Contract 14-010. Contract completion was delayed as a result of grant funding delays by the Department of Ecology and inadvertently allowed to expire. This Contract provides for work performed within the original contract scope and budget between the previous contract expiration date of July 31, 2020 and contract completion. Drainage from East Marginal Way South historically discharged through outfalls owned and operated by the Boeing Company, Jorgensen Forge, and two King County Airport storm systems. The Jorgensen Forge outfall was abandoned in 2012 under orders from the Department of Ecology (DOE) due to contaminants within the conveyance pipe and this East Marginal Way South discharge has been temporarily diverted to the King County Airport outfall. Improvements are proposed to utilize the Boeing Z Line outfall in lieu of the King County Airport. This project will improve water quality in the Duwamish River through the installation of conveyance, stormwater treatment facilities, and permeable pavement, as well as lining a leaky storm pipe along East Marginal Way. The project will provide water quality treatment for toral suspended solids (TSS) and will reduce groundwater contamination. Under previous contract authorization, KPG prepared topographic survey, a pre -design report, limited environmental approvals, and preliminary design in the format required for the 2013-15 Municipal Stormwater Capacity Grant Program. DOE has provided comments to this report and determined that the project remains eligible for final design and construction grant funds; however, these funds were put on hold in 2015 due to a lack of available funds. Funding was recently re -authorized by DOE to complete final design and construction. This supplement is provided to complete environmental documentation, geotechnical analysis, final design, bid period services, and construction management in accordance with the attached scope of work and grant funding requirements. City of Tukwila KPG EMW Stormwater Outfalls Page 1 of 10 November 03, 2020 297 TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 The Consultant will provide continuous project management for the project duration (8 months for final design). 1.2 The Consultant shall prepare monthly progress reports identifying work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. The monthly progress reports shall be submitted with invoices. Task 1 Deliverables: ■ Monthly progress reports during design period (8 months). TASK 2 — PERMITTING 2.1 The Consultant shall prepare a draft and final SEPA checklist describing the project improvements for submittal and coordination by the City. 2.2 The Consultant shall prepare and submit an Inadvertent Discovery Plan (IDP) in accordance with DOE grant requirements. The IDP will be included as an appendix to the final project specifications. Task 2 Deliverables: ■ Draft and Final SEPA checklist, 2 paper copies and 1 pdf. ■ IDP uploaded to DOE EAGL site for approval. Task 2 Assumptions: ■ No other permits will be required. ■ Previous EO 05-05 approval from DAHP remains valid. ■ Fees, signage, and public notice of SEPA will be by the City. TASK 3 — GEOTECHNICAL EXPLORATION 3.1 Previous geotechnical analysis by GeoDesign under subcontract to the Consultant will be utilized for final design. We have included a $5,000 budget for final design support and to incorporate comments on the draft geotechnical report in order to prepare the final geotechnical report. TASK 4 — UTILITY AND AGENCY COORDINATION 4.1 Washington Department of Ecology: The Consultant shall prepare for and attend up to two (2) coordination meetings and provide necessary phone and email communication with DOE and the City for review and comment of the pre design and design submittal. City of Tukwila KPG EMW Storm water Outfalls 298 Page 2 of 10 November 03, 2020 4.2 Boeing: The Consultant shall prepare for and attend up to two (2) coordination meetings with the City and Boeing to coordinate access and design information for work on Boeing property. 4.3 Private Utilities (gas, water, sewer, power, telephone, cable): The Consultant shall distribute design submittals to utility owners and identify and conflicts and potholing needs. Utility provided potholes shall be surveyed by the Consultant and incorporated into base maps. Task 4 Deliverables: ■ Plan distribution to private utilities. Task 4 Assumptions: ■ Potholing of existing private utilities, if required, will be performed by the utility owner and is not included in this scope of work. ■ No permits will be required by BNSF for work in the City right of way. ■ Obtaining easements from Boeing is not included in this scope of work. TASK 5 — FINAL DESIGN The Consultant shall prepare Final Plans, Specifications and Estimates for review and approval by the City based on City and DOE comments received at the preliminary design submittal and DOE grant requirements. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. 5.1 The Consultant shall review and update previous design report and preliminary design based on comments received in 2015 from the City and DOE. Design Report and 90 percent plans, specifications, and estimate will be uploaded to the DOE EAGL site as required by the grant. 5.2 Respond to up to two (2) rounds of DOE comments in order to obtain DOE acceptance of the Design Report and 90% Plans. 5.3 The Consultant shall prepare draft Bid Plans for submittal to the City and upload to the DOE EAGL site as required by the grant. Mechanical and electrical support for stormwater pump station design will be provided by the City's proprietary pump system supplier, Calvert Technical Services, Inc. A $5,000 allowance is provided for design review and input from Calvert Technical Services, Inc. 5.4 The Consultant will calculate quantities and prepare construction cost opinions in support of the 90% and Final Bid Plans and upload to DOE EAGL site as required by the grant. 5.5 The Consultant will prepare 90% and Final Bid Specifications for review and approval by the City and DOE. Specifications will be based on 2018 WSDOT Standard Specifications, using contract boilerplate and general special provisions provided by the City. 5.6 Prepare a preliminary Construction Schedule in accordance with DOE grant requirements and upload to EAGL site. The Construction Schedule will be used for determining contract working City of Tukwila KPG EMW Storm water Outfalls Page 3 of 10 November 03, 2020 299 days; however, the actual schedule and sequencing will be determined by the Contractor in accordance with Contract requirements. 5.7 Upload final Bid Documents to BXWA.com in .pdf format for bidding. The Consultant shall respond to bidder inquiries, prepare necessary addenda, attend bid opening, and prepare recommendation for award letter for City consideration. Task 5 Deliverables: 90% and Bid Submittals ■ One (1) %-size unbound, seven (7) %-size bound of the Construction plans. Upload to DOE EAGL site. • One (1) hard copy, and two (2) electronic version (PDF and Excel) of the Engineer's Estimate of Probable Cost. Upload to DOE EAGL site. • One (1) electronic version of the Special Provisions and seven (7) hard copies. Upload to DOE EAGL site. ■ One (1) hard copy and .pdf with a summary of responses to the previous submittal. Upload to DOE EAGL site. ■ One (1) hard copy and .pdf of preliminary construction schedule. Upload to DOE EAGL site. • Addenda, Bid Tabulation, and Recommendation to either award or reject low bidder, .pdf. Task 5 Assumptions: ■ Topographic survey prepared under previous authorization will be used for final design. • Scope of improvements for final design will be in general accordance with 2015 design report and preliminary design. TASK 6 — CONSTRUCTION PHASE SERVICES This work will provide construction management services for the construction contract. These services will include design support, project management, documentation control, inspection, materials testing, and contract administration during the construction of the project, as detailed below. The objective and purpose of this task is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for. The following general assumptions were used for developing this budget estimate: General Assumptions: Y The proposed project team will include one part-time documentation control specialist, a part-time resident engineer during construction activities, a full-time inspector, sub -consultants to provide services for materials testing, and other supporting tasks as deemed necessary. It is anticipated that full- time site observation will be required for the entirety of the project. Y The level of service is based on a construction project duration of approximately 40 working City of Tukwila KPG EMW Storm water Outfalls 300 Page 4 of 10 November 03, 2020 days. Y KPG estimates a total project construction duration of 60 working days (12 weeks) including preconstruction service, construction services, and project closeout. No suspensions or stop work periods are anticipated during this duration; however, a procurement suspension may be considered prior to beginning construction if requested by the Contractor. Y It is anticipated that the KPG will develop the Record of Materials (ROM). This scope of services provides the management of the ROM and scheduling of required materials testing respectively. Y It is anticipated that the City will review and execute the insurance, bonds, and the Construction Contract. Y The design engineers from KPG will be available during construction to answer questions during construction and review RAM's, shop drawings, and answer RFI's that require a level of engineering expertise outside of the capabilities of the field personnel. Y Services will be performed in accordance with the Contract plans & special provisions, and City engineering standards. 6.1 Provide overall project management, coordination with the City, monthly progress reports, and invoicing during the construction phase. This effort will include the following elements. Y Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. Y Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s). 6.2 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices. The Consultant's project manager, resident engineer, inspector, and document control specialist will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre -construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, Federal, State, and local requirements and any other items that will result in better project understanding among the parties involved. 6.3 Field Construction Services shall include: A. On-site Observation: The Consultant shall provide the services of one full time inspector during construction activities and other tasks necessary to monitor the progress of the work. Construction staff shall oversee the following items of work, on the project site, and will observe the technical progress of the construction, including providing day-to-day contact with the Contractor and the City: Field inspection staff will perform the following duties as a matter of their daily activities: City of Tukwila KPG EMW Storm water Outfalls Page 5 of 10 November 03, 2020 301 Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non -conforming work observed during site visits. iii. Document all material delivered to the job site in accordance with the contract documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. v. Interpret Contract Documents in coordination with the City and KPG. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. viii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. ix. Prepare field records and documents to help assure the Project is administered in accordance with the funding requirements. x. Collect and calculate delivery tickets and salesman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10-2). xi. Attend and actively participate in regular on-site weekly construction meetings. xii. Take periodic digital photographs during the course of construction, and record locations. xiii. Coordinate with the City's maintenance personnel. xiv. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. B. Substantial Completion: Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or `punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. C. Materials Testing: Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Frequency of testing shall be determined by the resident engineer. City of Tukwila EMW Storm water Outfalls 302 KPG Page 6 of 10 November 03, 2020 Assumptions: Y Consultant will provide observation services for the days/hours that the contractor's personnel are on-site. Y Consultant will provide qualified personnel for inspection of all bid item work. Y The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractors' performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City's expectations. Deliverables: Y Daily Construction Reports with project photos — submitted on a weekly basis Y Punch List, Certificate of Substantial Completion Y Review test reports for compliance 6.3 Office Construction Services shall include: A. Document Control. Original documentation will be housed at the Consultant's office, and filed in accordance with standard filing protocol. A copy of working files will be maintained in the field office. Document Control consists of: ■ Final Estimate (Approving Authority File) ■ Comparison of Preliminary and Final Quantities (Approving Authority File) ■ Final Records (Approving Authority File) ■ Record of Material Samples and Tests ■ Affidavit of Wages Paid ■ Release for the Protection of Property Owners and General Contractor B. Project Coordination: Liaison with City, construction contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. C. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. D. Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. E. Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. F. Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are City of Tukwila KPG EMW Storm water Outfalls Page 7 of 10 November 03, 2020 303 made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data. G. Monthly Pay Requests: Prepare monthly requests for payment, review with the City, contractor and approve as permitted. Utilize City provided format for pay estimates, or Consultant format. H. Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field -observed progress, as described in Section 1-08 of the Special Provisions. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. I. Certified Payroll: Process and track all certified payroll per State Prevailing Wage Requirements. This includes verifying the initial payroll for compliance and 10% of all payrolls submitted thereafter. Tracking payroll each week. J. Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. K. Subcontractor Documentation: Process / Approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG's subcontractor logs. L. Record Drawings: Review record drawings prepared by the Contractor, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will provide the marked up plan sheets with both the contractors and inspectors as -built information as well as CAD updates incorporating these markups. M. Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor, and recommend that City and/or Utilities accept the project. N. Project Closeout: Transfer all project documents to the City for permanent storage. Y Schedule review comments Y As -built schedule Y Meeting agendas and notes Y Monthly Pay Estimates Y Subcontractor Packets Y Cost Projection Y Physical Completion Letter Y Final Project Documents 6.4 Submittal and RFI processing A. Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be logged and tracked. City of Tukwila KPG EMW Storm water Outfalls Page 8 of 10 November 03, 2020 304 B. Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and tracked. C. Record of Materials (ROM): Utilize ROM prepared by KPG_and update based on Special Provisions and Plans for use on the project, based on the contract specifications. The ROM will be maintained by the Resident Engineer. The ROM will track all of the materials delivered to the site including manufacturer/supplier, approved RAM's, QPL items, material compliance documentation, and all other required documentation. Deliverables Y Submittal log Y RFI Log Y Completed Record of Material for Material Certification 6.5 Change Management A. Case Log: Develop and maintain a case log which includes change orders, RFP's, Field Work Directives B. Change Orders: Develop change orders and provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. Each change order will be executed in accordance with WSDOT Standard Specifications and contain the following: Y Change order Y Independent Cost Estimate Y Time Impact Analysis Y Contractor's Pricing Y Verbal Approval Memo Y Back up documentation C. Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. D. Minor Change Orders: Develop minor change orders per WSDOT Standard Specifications. Each minor change order will be executed and contain the following: Y Independent Cost Estimate Y Verbal Approval Memo Y Back up documentation E. Force Account: Track contractor force account labor, equipment and materials. All force account calculations will be verified by the engineer and double checked by the documentation specialist. Deliverables Y Change Order(s) Y Case Management Log Y RFI Log Y Minor Change Order(s) Y Force Account Records City of Tukwila KPG EMW Storm water Outfalls Page 9 of 10 November 03, 2020 305 Additional Services The City may require additional services of the Consultant in order to advance the project corridor through final design, bidding and/or construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: Y Right of way and easement research and/or acquisition Y Additional design or construction assistance These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila KPG EMW Storm water Outfalls 306 Page 10 of 10 November 03, 2020 Total Hours and Labor Fee Estimate by Task | Task 1 - Management, Coordination, Administration 1.1 (Project Management (8 months) I 8 I I 4 I I 8 I I 8 I 28 I$ 3,880.00 $ 2,360.00 $ 6,240.00 Task 2 - Permitting 2.1 (Prepare and submit SEPA checklist 2 I I 4 8 I I 4 I I 4 I 30 I $ 4,066.00 Task 3- Geotechnical Exploration 3.1 Geotechnical coordination for final design 1 2 4 I 8 I 4 I 20 ($ 3,050.00 Task Total' 2 0 l 4 I 0 I 0 I 8 I 4 ' 0 2 I 0 I 0 I 0 0 I 0 I 20 I$ 3,050.00 Task 4 - Utility and Agency Coordination $ 2,600.00 $ 9,712.00 Task 5 - Final Plans, Specifications, and Estimates 5.1 (Update Design Report and 90% Plans 4 I I 16 I 40 I 24 I I 16 I 8 I 108 I $ 14,908.00 $ 3,338.00I $ 14,588.00 $ 3,338.00 $ 6,548.00 $ 1,616.00 $ 4,066.00 Task Total' 18 1 8 I 44 1 0 1 0 1 120 ' 96 ' 0 1 36 ' 0 1 0 0 1 0 1 20 I 342 '$ 48,402.00 Task 6 - Construction Phase Services $ 60,000.00 $ 45,280.00 $ 24,492.00 $ 11,812.00 $ 166,512.00 $ 240,008.00 Subconsultants Geotechnical - GeoDesign allowance $ 5,000.00 $ 5,000.00 $ 10,000.00 Total Subconsunant Expense' $ 20,000.00 Reimbursable Direct Non -Salary Costs $ 2,000.00 $ 1,500.00 $ 3,500.00 $ 263,508.00 $ (83,529.02) ! !■ , . &IIn;.a-§ ? _ City pump supplier allowance Construction Materials Testing Allowance Mileage at current IRS rate Reproduction and Field Supplies Total Reimbursable Expense Original Project Budget Less Previous Amount Spent Total Contract Budget Labor Hour Estimate . ) ) )� \ m m \\ .84 a8 // ,,,, ;R <;,; a, ,- 0 &a;§ v. 00 0 0 0 2 \ \ \� Task Description 1.2 (Prepare monthly progress reports Task Total 2.2 (Prepare IDP Task Total Response to DOE comments Prey re Draft Bid Documents Calculate quantities and prepare cost opinions Prepare specifications Prepare preliminary construction schedule Bid Period Services DOE coordination Boeing coordination 4.3 'Franchise utility coordination Task Total Management, Coordination and Administration Preconsiruction Services Field Construction Services Office Construction Services Submittal and RFI processing Change Management Total Labor Hours and Fee 307 308 City of Tukwila City Council Transportation & Infrastructure Committee Meeting Minutes November16, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Cynthia Delostrinos Johnson, Chair, Verna Seal, Kate Kruller Staff Present: Rachel Bianchi, Hari Ponnekanti, Ryan Larson, Scott Bates, Eric Compton, Joel Bush, and Gail Labanara Guest: Rachel Fenton (Extenet Systems), Richard Adair-Zayo (Zayo) Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Bid Award: Andover Park East Water Main Pavement Repair Staff is seeking Council approval of a contract with Icon Materials in the amount of $141,546.00 for construction of the Andover Park East Water Main Pavement Repair Project. Committee Recommendation Unanimous approval, forward to November 16, 2020 Regular Meeting. B. Consultant Agreement: East Marginal Way South Stormwater Outfalls Staff is seeking Council approval of an agreement with KPG, Inc. in the amount of $179,978.98 for design and construction management of the East Marginal Way Stormwater Outfalls Project. Committee Recommendation Unanimous approval, forward to November 23, 2020 Consent Agenda at the Special Meeting. C. Contract Amendment: 2020/2021 Annual Small Drainage Programs Staff is seeking Council approval of KPG's Amendment No. 2 to Contract No 20-029 in the amount of $248,966 for design of an additional three sites and construction management services for the 2020/2021 Small Drainage Programs. Committee Recommendation Unanimous approval, forward to December 7, 2020 Regular Consent Agenda. D. Ordinance: Extenet Systems Franchise Agreement Staff is seeking Council approval of an Ordinance that would grant Extenet Systems, Inc. a franchise agreement with an initial ten-year term. Item(s) requiring follow-up: • Seek input from city attorney about including an off -ramp provision in the franchise agreement if the City does not approve of the locations of the small cell facilities. • Whether the $5,000 pre -paid administration fee can be refunded if we do not enter into an agreement. 309 310 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared Ig Mayor's review Council review 11/23/20 ESC ITEM INFORMATION ITEM No. Spec 2.D. 311 STAFF SPONSOR: JOSEPH TODD ORIGINAL AGENDA DATE: 11/23/20 AGENDA ITEM TITLE Asset Sharing Agreement with Zayo CATEGORY ❑ Discussion Mtg Date 11 Motion Date 11/23/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Meg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire 11 TS ❑ P&R ❑ Po/ace ❑ PIF SPONSOR'S Zayo Group, LLC. wishes to enter into an asset sharing agreement with the City. This SUMMARY mutually beneficial agreement would set forth a framework wherein the City and Zayo can quickly complete Asset Exchange Forms allowing the shared used of equipment. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELOSTRINOS JOHNSON ❑ LTAC DATE: 11/16/20 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Technology and Innovation Services Transportation and Infrastructure COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/20 MTG. DATE ATTACHMENTS 11/23/20 Informational Memorandum dated 11/05/20 Zayo Asset Exchange Agreement (in strike -through underlined format) Minutes from the 11/16/20 T&I Meeting 311 312 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Joseph Todd, Technology and Innovation Services Director BY: Eric Compton, Franchise and Technology Specialist CC: Mayor Ekberg DATE: November 05, 2020 SUBJECT: Zayo Group, LLC Asset Sharing Agreement ISSUE Approve an Agreement between the City and Zayo granting the sharing of telecommunications assets in a mutually beneficial manner. BACKGROUND Zayo is a global provider of telecommunication services that works with local Internet Service Providers, Cable companies, and Wireless carriers. In order to facilitate the building of their infrastructure, Zayo wishes to utilize certain City assets and in exchange provide access to their infrastructure or other assets in a mutually beneficial manner. These agreements can help both Zayo and Tukwila save money and expedite telecommunications growth in the community. DISCUSSION Zayo has signed a similar agreement with other local municipalities and has reached out to Tukwila to partner with the City. Zayo has been an invaluable partner is previous City initiatives such as the Municipal Wi-Fi project and Cloud PBX. FINANCIAL IMPACT No direct negative cost to the budget will be brought. This agreement is intended to save money on projects while partnering with Zayo so share costs. RECOMMENDATION Council is being asked to approve the Agreement allowing Zayo Group, LLC. and consider this item on the Consent Agenda at the November 23, 2020 Regular Meeting. ATTACHMENTS Zayo Asset Exchange Agreement 313 THIS ASSET EXCHANGE LICENSE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of the date of the last signature below (the "Effective Date"), between Zayo Group, LLC, a Delaware limited liability company, with primary offices at 1805 29th Street, Suite 2050, Boulder, CO 80301 ("Zayo"), and City of Tukwila, a municipality in the State of Washington ("City") Zayo and City may be hereinafter referred to individually as "Party", and collectively as "Parties." WHEREAS, each Party owns or has rights in Conduit or Fiber within the City and each Party wishes to exchange certain Conduit or Fiber from their respective Conduit or Fiber systems within the City boundaries, and enter into an agreement to facilitate future exchanges. NOW, THEREFORE, for and in consideration of the mutual covenants and consideration set forth in this Agreement, the Parties do hereby agree as follows: 1. Definitions. The following terms, whether in the singular or in the plural, when used in this Agreement shall have the meaning specified in this Section 1. Use of the word "or" when describing "Fiber or Conduit" is not intended to mean or convey that it is exclusively one or the other unless the context specifically requires. 1.1 Authorizations: All governmental or municipal approvals and authorizations; all rights-of- way and pole attachment agreements; and all leases, licenses, consents or other agreements necessary for the Licensor to construct, install, maintain and repair its Conduit System and to license portions of the Conduit System to a third party. 1.2 Asset: Conduit or Fiber within a Party's Conduit System or otherwise agreed between the Parties. 1.3 Asset Exchange Form (or "AEF"): The form exchanged between the Parties via email or hardcopy, to communicate and agree to information related to an Asset Request, Asset Use Authorization, and Notice of Asset Availability, as shown on Exhibit A. 1.4 Asset Request: A formal request for a license to use Conduit or Fiber, within a specific portion of the other Party's Conduit System (either the City Conduit System or the Zayo Conduit System as defined), made by completion of the Asset Request section of an AEF. 1.5 Asset Use Authorization: Unless rejected upon request, Licensor's acceptance and grant to an Asset Request providing authorization to license specific Conduit or Fiber. The Asset Use Authorization is executed by completing the Asset Use Authorization section of the Asset Exchange Form. 1.6 City Conduit System: Existing Conduit or Fiber, owned by City, as more particularly described on an AEF or exhibits attached thereto; provided that, subject to the terms of this Agreement, such Conduit or Fiber may be modified from time -to -time in City's sole discretion provided such modifications do not impact Licensee use of the Licensed Conduit or Fiber unless otherwise permitted herein. 1.7 Conduit: Conduit which (a) was installed for the purpose of, or capable of being used for, communication fiber installation in accordance with Bellcore Standards, (b) is located in the City, and (c) is owned by either Zayo or City, as the context requires. 1.8 Conduit System: Either the City Conduit System or the Zayo Conduit System, as context requires. 1.9 Fiber: dark (unlit) fiber optic cable of one or more fibers owned by either the City or Zayo, as the case may be, and as specified in an AEF or exhibits attached thereto. Page 1 of 14 314 1.10 License or Licensed Asset: Asset Use Authorization by City or Zayo, as the case may be, to use the Licensed Conduit or Fiber for the License Term. 1.11 License Term: The term of each license for use of Licensed Conduit or Fiber, as further defined in Article 6 of this Agreement. 1.12 Licensee: The Party authorized under this Agreement and an AEF to use Licensed Conduit or Fiber within the other Party's Conduit System. 1.13 Licensor: The Party granting a License pursuant to an Asset Use Authorization. 1.14 Notice of Asset Availability: Notice from Licensor to Licensee that the Licensed Conduit or Fiber meets the Specifications and is available for Licensee's use, provided by completion of the Notice of Asset Availability section of the Asset Exchange Form. 1.15 Specifications: The minimum specifications identified on an AEF that Licensed Conduit or Fiber must meet as a precondition to the Notice of Asset Availability. 1.16 Zayo Conduit System: Existing Conduit or Fiber owned by Zayo, as described on an AEF or exhibits attached thereto. on Exhibit A; provided that, subject to the terms of this Agreement, such Conduit or Fiber may be modified from time -to -time in Zayo's sole discretion provided such modifications do not impact Licensee use of the Licensed Conduit or Fiber unless otherwise permitted herein. 2. Exchanging Assets. 2.1 As set forth in an executed AEF, City agrees, subject to the terms and conditions of this Agreement, to grant a License to Zayo to use available Conduit or Fiber within City's Conduit System, including the right and permission to access and use any City easement(s) that the City's Conduit System routes through. This only applies to those easements that the City is authorized to grant access to Zayo and Zayo receives permission to access from the City. As set forth in an executed AEF, Zayo agrees, subject to the terms and conditions of this Agreement, to grant a License to City to use commercially available Conduit or Fiber within Zayo's Conduit System. Nothing in this agreement shall purport to give the City the right to resell any Fiber it may acquire in this Agreement. Each segment of conduit or fiber strands licensed will entitle the Licensor to the same amount of conduit or fiber strands on the Licensee's Conduit System. 2.2 City and Zayo agree that the assets to be exchanged must be available at the time of the AEF exchange. 2.3 City and Zayo agree that the intent of the Parties is that the Licensed Assets exchanged between the Parties will remain balanced and approximately equal. The Parties agree that the initial AEF's executed by the Parties on the same date as the Effective Date are an equal exchange of Licensed Assets. Further AEF equity analysis will consider Licensed Asset type, length (on a linear foot or a mile -for -mile basis, whichever is most applicable to the request), capacity and location as agreed between the Parties. Licensed Assets within the central business area, will be calculated at twice its length for purposes of exchanges of Assets outside the central business area. 2.4 If the amount of a Licensed Asset that one Party has Licensed, as to Conduit to Conduit or Fiber to Fiber amounts, exceeds the amount of Licensed Asset that the other Party has Licensed, and the difference is greater than 15% ("Disparate Licensed Asset Amount"), Page 2 of 14 315 then the Party with excessive Licensed Asset will not request additional AEF until the Disparate Licensed Asset Amount is corrected (meaning less than 15%). Notwithstanding the foregoing, the Parties may agree to alternate consideration to correct a Disparate Licensed Asset Amount. 2.5 Either Party may relinquish its right to use any segment of Licensed Asset prior to the end of the License Term. If one Party relinquishes Licensed Asset which results in Disparate Licensed Asset Amount, then the Party with excessive Licensed Asset will not request additional AEF until the Disparate Licensed Asset Amount is corrected or the Parties otherwise agree. 2.6 Each Party will maintain a record of the Licensed Assets exchanged pursuant to this Agreement. Upon reasonable request by a Party, not greater than once per year, the Parties will meet to review and validate these records. 2.7 This agreement does not remove the requirement that Zayo must obtain all permits or other approval as required by law to perform any work under this agreement. Prior to a completed exchange, if either Party is unable to obtain, through no fault of its own, permits or other approvals required to perform any work under a particular AEF, that request, and its corresponding exchange shall cease to exist and each Party shall return back into the position they were in before the agreement was made. 2.8 Following a completed exchange, if one Party loses the ability to maintain required rights for an exchanged Licensed Asset, then that Party shall pay the other party the fair market value for the corresponding Licensed Asset which was exchanged. 3. Asset Requests and Use Authorization. 3.1 Submission of AEF. All requests for Licensed Assets shall be made utilizing a AEF, with each Party completing information as Licensor or Licensee, as applicable, and forwarding the AEF via email to both address of a Party as indicated below (two (2) required for back- up purposes): If to Zayo: david.boileau@zayo.com If to City: eric.compton@tukwilawa.gov joel.bush@tukwilawa.gov 3.2 When one Party wishes to use Assets of the other Party, such Party will complete the Asset Request section of the AEF, and submit the form to the other Party's email addresses. Submission of an AEF to one email address but not both email addresses shall not, by itself, constitute a failure to properly submit an AEF. 3.3 Acceptance or Denial of AEF. Within fifteen (15) business days of receipt of a completed Asset Request, Licensor will complete the Asset Use Authorization section of the AEF and return the form to Licensee. Licensor's response will either authorize Licensee's use of the Asset upon Notice of Asset Availability or indicate denial of the Asset Request. 3.4 Notice of Asset Availability. Notice of Asset Availability can take place on the same date as the Asset Use Authorization if the Asset meets the Specifications on the same date. If the Notice of Asset Availability cannot take place on the same date as the Asset Use Authorization, Licensor shall send back the AEF without completion of the Notice of Asset Availability section. Licensor shall then promptly provide email notice to Licensee when the Asset is available, and Licensee shall send back the AEF for Licensor's completion of Page 3 of 14 316 the Notice of Asset Availability. In all cases, upon completion of the Notice of Asset Availability from Licensor, the License Term shall begin. 3.5 Licensor will use commercially reasonable efforts to ensure that the requested Asset complies with all applicable Specifications and ready for Licensee's use within thirty (30) days of date of an Asset Use Authorization. 4. Access and Escort. 4.1 Handholes and Manholes. Unless otherwise specifically agreed in an AEF, Licensee will install handholes and/or manholes as a means of accessing the Licensed Conduit or Fiber. Licensee shall be responsible for all "one -call" responses and cable locate services for the Licensed Conduit or Fiber. All costs associated with Licensee's access to the Licensed Conduit or Fiber will be borne by the Licensee. The City shall not be required to install handholes or manholes for Conduit that has been installed prior to the entry of this Agreement. If necessary, Zayo may install handholes or manholes at its own cost. 4.2 Activities Around or In Licensed Assets. If Licensee's activities will be performed within four (4) feet of Licensor's Conduit System, Licensee must contact Licensor to schedule the activity at a mutually agreed time allowing for Licensor to provide an escort, at Licensor's discretion and at Licensee's cost. Escort services will be requested using the Request for Field Activity ("RFA") form attached as Exhibit B or such other form as mutually agreed in writing. For Fiber placement within a Licensed Conduit, a RFA shall be made. Licensor shall grant such access as agreed to in an RFA, provided however, that Licensor shall not delay such an access request by more than ten (10) business days of receipt of such request. Licensee shall be responsible for all costs, including Licensor's costs for an RFA for Fiber placement. Licensor's costs for RFA may include a fifteen percent (15%) markup over costs. 4.3 The Licensee shall have the right, but not the obligation, to supervise and oversee any work performed by the Licensor in or to the Licensee's facilities, at Licensee's cost. 5. Repair and Maintenance 5.1 If either Party wishes to perform any repairs or maintenance they must follow all state and local laws for any and all work within in the right of way or other locations that require approval by state and local governing bodies, this includes permits and other requirements. Zayo shall use commercially reasonable efforts to cause the Licensed Assets to continue to meet the Specifications during the License Term. Zayo shall perform all routine maintenance and operations for the shared conduit and fiber system at its own cost, provided that City shall reimburse Zayo for its proportionate share of all emergency maintenance and repair costs including but not limited to all costs associated with "one - call" responses, cable locate services and placement of a locate wire for the Licensed Conduit or Fiber and any other repair costs incurred due to damage caused by the City, plus fifteen percent (15%). Proportionate share means the number of licensed fibers divided by the total amount of fibers for the particular segment. 5.2 Routine Maintenance. From time to time, at the Zayo's reasonable discretion, and after adequate advance notice to the City (which shall be at least 72 hours), the Zayo will schedule and perform specific periodic maintenance and repair checks and services on both the Licensed Assets. This maintenance shall be provided at no cost to the City. 5.3 Emergency Maintenance. Page 4 of 14 317 (a) Within two (2) hours after a Zayo receives a trouble report of imminent or actual failure or impairment of the Licensed Conduit or Fiber, the Zayo shall commence all commercially reasonable efforts to repair such failure or impairment to cause the Licensed Conduit or Fiber to meet the Specifications. At a minimum, such commercially reasonable efforts shall include dispatching at least one service technician (or more if commercially reasonably prudent to do so) to the source of the reported problem. (b) Within four (4) hours after Zayo receives a trouble report of the type described in section (a), upon the City's request, Zayo shall provide adequate assurance that Zayo is diligently pursuing remedial action. If the Zayo fails to initiate and diligently pursue repair within six (6) hours after the trouble report, then the City may, but shall not be obligated to, effect reasonable repair or replacement to restore the Licensed Conduit or Fiber to the Specifications ("Self Help"). Zayo shall reimburse the City for all reasonable costs and expenses for Self Help incurred within forty-five (45) days after receipt of an invoice which shall include backup documentation for all charges. If the City performs Self Help, the City shall be responsible to perform such Self Help in a professional and workmanlike manner in accordance with industry standards and if necessary shall indemnify Zayo in accordance with 12.2. (c) If the City does not elect to repair the Licensed Conduit or Fiber pursuant to subsection (b), and Zayo fails to restore the Licensed Conduit or Fiber to the Specifications within twelve (12) hours after the trouble report, then upon the City's request, Zayo shall review its Conduit System and propose alternate Licensed Assets with the same end points and capacity at least equal to the capacity or fiber count of the failed Licensed Conduit or Fiber, if available. If such alternative Licensed Asset is not available, the City may terminate the Licensed Asset pursuant to the terms of this Agreement. (d) Notice of interruption arising from relocation, condemnations and Force Majeure (as defined in Section 14) events shall be treated as a trouble report for purposes of this Section 5 and shall require prompt notice via email to both address of a Party as indicated below (two (2) required for back-up purposes): If to Zayo: david.boileau@zayo.com If to City: eric.compton@tukwilawa.gov joel.bush@tukwilawa.gov 6. Term. The term of this Agreement, shall begin on the Effective Date, and shall end on the expiration of the last AEF License Term. Each License Term shall begin upon receipt of Notice of Asset Availability, and shall end on the last day of the AEF License Term. 7. Representations Regarding Authorizations. 7.1 Licensor represents, warrants and covenants that: (a) it has obtained, and will use commercially reasonable efforts to maintain all Authorizations throughout any License Term; and (b) it has the full right and authority under the Authorizations to enter into this Agreement and perform its obligations hereunder, and the same will not violate the Authorizations (with or without the giving of notice or the lapse of time or both) or require any consent, approval, filing or notice under the Authorizations or under Page 5 of 14 318 any provision of any law, rule or regulation, court order, judgment or decree applicable to the Licensor; and (c) it has no knowledge of any defect in the normal operating condition of the Conduit System that would have an adverse effect on the ability of the other Party to utilize Licensed Conduit or Fiber to provide telecommunications services to its customers; and (d) it will exercise its rights and perform its obligations hereunder only in accordance with all applicable laws, rules and regulations; and (e) it will perform all maintenance services in a professional and workmanlike manner in accordance with industry standards. 7.2 Licensee represents, warrants and covenants that: (a) Licensee's use of the Licensed Conduit or Fiber will be limited to the provision of communication services in accordance with all Federal, State and local laws, rules, regulations, codes, statutes and subject to all Authorizations; and (b) Licensee has obtained all rights of way, authorizations and consents necessary to use the Licensed Conduit or Fiber. Licensee will indemnify, defend and hold harmless Licensor from any claims related to its use of the Licensed Conduit or Fiber; and (c) it has the full right and authority under the Authorizations to enter into this Agreement and perform its obligations hereunder, and the same will not violate the Authorizations (with or without the giving of notice or the lapse of time or both) or require any consent, approval, filing or notice under the Authorizations or under any provision of any law, rule or regulation, court order, judgment or decree applicable to the Licensor; and (f) it will perform all work related to access and use of the Licensed Conduit or Fiber in a professional and workmanlike manner in accordance with industry standards. 8. Default and Termination. 8.1 Neither Party shall be in default under this Agreement herein unless and until such Party has received written notice of such default from the other Party, and has failed to cure the default within thirty (30) days after receipt of such notice, except for a payment default which must be cured within ten (10) days after receipt of such notice. Notwithstanding, when a default (unrelated to payment) cannot reasonably be cured within such thirty (30) day period, the time for curing such default shall be extended for a period no longer than sixty (60) days from the date of the receipt of the default notice if the Party proceeds promptly to cure the default with due diligence. 8.2 Unless otherwise provided herein, a Party shall be in default if (i) such Party breaches any term or provision of this Agreement or fails to comply with the provisions of this License; (ii) such Party becomes insolvent; (iii) a petition under any of the bankruptcy laws is filed by or against such Party; (iv) such Party makes a general assignment for the benefit of creditors; or (v) a receiver, whether temporary or permanent, is appointed for the property of such Party or any part thereof Page 6 of 14 319 8.3 Upon the failure by the defaulting Party to timely cure any default, the non -defaulting Party may (i) take such action as it determines, in its sole discretion, to be necessary to correct the default, and/or (ii) pursue any legal remedies it may have under applicable law or principles of equity relating to such breach. Notwithstanding the above, if the defaulting Party certifies to the non -defaulting Party in writing that a default has been cured, such default shall be deemed to be cured unless the non -defaulting Party notifies the defaulting Party in writing within fifteen (15) days of receipt of the defaulting Party's notice of cure. 8.4 In the event of a payment default which has not been cured, Licensor may suspend Licensee's use of the Licensed Conduit or Fiber, without further notice and by whatever means Licensor deems appropriate, until the payment default is cured and for as long as thirty (30) days from the date of notice. If the payment default has not been cured within such thirty (30) day period, then Licensor may immediately terminate this Agreement and pursue any legal remedies it may have under applicable law or principles of equity relating to Licensee's breach. 8.5 Notwithstanding the foregoing, no termination of this Agreement shall affect the rights or obligations of any Party hereto with respect to any payment hereunder for services rendered prior to the date of termination and the non -defaulting Licensee shall not be required to relinquish its rights in the Licensed Conduit or Fiber as a result of a Licensor's default and failure to cure. 8.6 City shall use the Licensed Assets for City's own use. Under no circumstances shall City resell, lease, license, provide an IRU, or otherwise provide use of Licensed Assets, to any third party. A violation of this Section 8.6 shall be grounds for immediate termination of the Licensed Asset. 9. Taxes. 9.1 Each Party shall pay the taxes that apply to their use of facilities under this agreement. Zayo shall have the ability to transfer, sell, assign, swap, exchange, lease, sublease, license, sublicense, resell or grant indefeasible or other rights of use in or to all or any part of the optical fiber strands it pulls within the Licensed Asset(s) it acquires under this Agreement as "dark fiber" as such term is commonly understood in the telecommunications industry. Zayo's resell rights do not include the right to transfer bear legal title. Zayo is responsible for any actions that may violate this Agreement by those entities that have been granted access or use of optical fiber strands by Zayo. 10. Relocation of the Facilities. If the need arises either through law, permit, or other circumstances to relocate the Conduit System and/or Licensed Conduits or Fiber, or a portion thereof. Each Party shall be responsible for its proportionate share (as defined in Section 5.1) of relocation costs. Licensor shall give the Licensee at least three (3) months' prior notice, or as soon as practicable, of any relocation or of any governmental proceedings that might result in a relocation, or such lesser amount of notice as the Licensor receives from such governmental authority. Relocation costs means the net relocation costs adjusted for amounts Licensor may receive from any third -party. 11. Condemnation. If at any time during the Agreement Term, all or any significant portion of the Conduit System or the Licensed Conduit or Fiber shall be taken for any public or quasi public purpose by any authority by the exercise of the right of condemnation or eminent domain, Page 7 of 14 320 such a taking shall be an interruption of use that shall be handled in accordance with Section 5, Repair, Maintenance and Continuity. 11.2 Each Party shall notify the other Party immediately upon learning of any condemnation proceeding filed against its Conduit System which may impact the other Party's Licensed Conduit or Fiber. 12. Indemnification and Exclusion of Certain Damages. 12.1 Zayo shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with its performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The City shall defend, indemnify and hold Zayo, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with its performance of this Agreement, except for injuries and damages caused by the sole negligence of Zayo. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Zayo, its officers, officials, employees and volunteers and the City, its officers, officials, employees, and volunteers, Zayo's liability hereunder shall be only to the extent of Zayo's negligence and the City's liability hereunder shall be only to the extent of the City's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Zayo's and the City's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 12.2 Waiver of Consequential Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY CIRCUMSTANCES TO THE OTHER PARTY FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT 13. Insurance. 13.1 The parties agree that they shall procure and maintain for so long as that party is in use of the IRU Conduit or IRU Fiber, as the case may be, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of rights, privileges and authority granted to that party, its agents representatives or employees. The parties shall require that every contractor and subcontractor maintain substantially the same insurance coverage with substantially the same limits as required of that party. The parties shall procure insurance from insurers with a current A.M. Best rating of not less than A -VII. Zayo shall provide a copy of a certificate of insurance and additional insured endorsement to the City for its inspection at the time of or prior to acceptance of this Agreement. The parties shall maintain insurance that includes: (a) Automobile Liability insurance with limits no less than $2,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form that provides equivalent liability coverage. Page 8 of 14 321 (b) Commercial General Liability insurance, written on an occurrence basis with limits no less than $3,000,000 per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to• blanket contractual; premises; operations; independent contractors; stop gap liability; personal injury; products and completed operations; broad form property damage; explosion, collapse and underground (XCU); and employer's liability. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover products liability. The City shall be named as an additional insured under Grantee's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement providing equivalent coverage; (c) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. No deductible is presently required for this insurance; and (d) Umbrella liability policy with limits not less than $1,000,000 per occurrence and $5,000,000 in the aggregate. 13.2 Maintenance of insurance shall not be construed to limit the liability of either party to the coverage provided by such insurance, or otherwise limit a party's recourse to any remedy available at law or equity. Further, a party's maintenance of insurance policies required by this agreement shall not be construed to excuse unfaithful performance by that party. 13.3 If the Zayo maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Zayo, irrespective of whether such limits maintained by Zayo are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Zayo. 13.4 Zayo shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 13.5 Failure on the part of the Zayo to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to Zayo to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due Zayo from the Public Entity. 14. Force Majeure. Neither party shall be liable to the other or deemed in breach or default for any failure or delay in performance under this Agreement during the time and to the extent its performance is prevented by reasons of Force Majeure. For the purposes of this Agreement, Force Majeure means an occurrence that is beyond the reasonable control of and without fault or negligence of the party claiming force majeure and which, by exercise of due diligence of such party, could not have been prevented or overcome. Force Majeure shall include natural disasters, including fire, flood, earthquake, windstorm, avalanche, mudslide, and other similar events; acts of war or civil unrest when an emergency has been declared by appropriate governmental officials; acts of civil or military authority; freight embargoes; epidemics; quarantine restrictions; labor strikes; boycotts; terrorist acts; riots; insurrections; explosions; and nuclear accidents. A party claiming suspension or termination of its obligations due to force majeure shall give the other party prompt written notice, but no more than fourteen (14) working days after the event, of the impediment and its effect Page 9 of 14 322 on the ability to perform; failure to provide such notice shall preclude recovery under this provision. Such delay shall cease as soon as practicable and written notification of same shall be provided. The time of completion shall be extended by Agreement modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this Agreement. 15. Assignment. City shall use the Licensed Conduit or Fiber for City's own use. Under no circumstances shall City resell, lease, license, provide an IRU, or otherwise provide use of Licensed Conduit or Fiber Stands, to any third party. Notwithstanding, Zayo may assign this Agreement in its entirety without the City's consent, to an entity in which such Zayo or its parent company directly or indirectly owns a majority of the voting interests, or to any person, firm or corporation into or with which it may be merged or consolidated or that purchases all or substantially all of Zayo's assets by providing notice of such assignment to the City. 16. Notice. 16.1 Other than notice for AEF and maintenance, all other notices, to be effective, must be in writing and delivered by pre -paid commercial overnight delivery service, or by first class mail, return receipt requested, addressed as follows: If to Zayo: If to City: Zayo Group, LLC ATTN: General Counsel 1805 29th Street, Suite 2050 Boulder, CO 80301 CITY of Tukwila ATTN: IT Manager 6300 Southcenter Blvd Tukwila, WA 98168 Either Party may change its notice address(es) by written notice to the other Party. 16.2 Notice shall be effective on the date of the addressee's receipt or refusal, as the case may be. 17. Dispute Resolution and Governing Law. In the event of any claim or dispute under or in connection with this Agreement, the Parties shall negotiate in good faith to resolve the claim or dispute or, upon the failure to resolve such claim or dispute through good faith negotiations, this Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to the principles of conflicts of laws. Venue for any dispute arising under this Agreement shall be in Pierce King County Superior Court. 19. Miscellaneous. This Agreement, including all Exhibits, sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior understandings and agreements on such subject Page 10 of 14 323 matter. No amendment or modification to this Agreement shall be valid unless in writing and signed by both Parties. The only relationship between the Parties is that of licensor and licensee with respect to the Licensed Conduit, and otherwise as independent contracting Parties, and specifically, but without limitation, the Parties are not partners in any undertaking. THIS AGREEMENT SHALL BE INTERPRETED AND ENFORCED UNDER THE LAWS OF WASHINGTON WITHOUT REGARD TO CONFLICTS OF LAWS. If any provision of this Agreement is unenforceable, it shall be deemed stricken from this Agreement and shall have no effect on any other provision. This Agreement shall be binding upon and inure to the benefit of Parties and their respective representatives, successors and assigns. Headings are for convenience only and shall not affect the interpretation of this Agreement. This Agreement shall become effective only upon execution by both Parties. Both Parties have been represented by counsel and neither Party shall be deemed to be the drafter of this document for purposes of interpreting an ambiguity against the drafter. There are no third party beneficiaries of this Agreement. "Days" shall mean calendar days, unless otherwise specified. Business days shall mean all days other than Saturdays, Sundays and Federal holidays. No waiver shall be valid unless in writing and signed by the Party against whom enforcement is sought. 20. Waiver. No delay or omission by either party to exercise any right or power occurring upon non- compliance or failure of performance by the other party shall impair that right or power or be construed to be a waiver thereof. A waiver by either party of any of the covenants, conditions or agreements to be performed by the other party shall not be construed to be a general waiver of any such covenants, conditions or agreements, but the same shall be and remain at all times in full force and effect. 21. Severability. In the event any term, covenant or condition of this Agreement, or the application of such term covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Agreement and their application shall not be affected thereby, but shall remain in force and effect unless a court holds that the invalid term, covenant or condition is not separable from all other terms covenants and conditions of Agreement. IN WITNESS WHEREOF, the Parties have caused this Asset Exchange Agreement to be executed by their respective duly authorized representatives as of the day and year first above written. ZAYO GROUP, LLC CITY OF TUKWILA By: By: Print Name: Print Name: Title: Title: Date: Date: Page 11 of 14 324 EXHIBIT A ASSET EXCHANGE FORM This Asset Exchange Form shall be processed in accordance with the Asset Exchange Agreement by and between Zayo and City of Tukwila dated . If a License is granted hereunder, the license shall be for the term listed below. ASSET REQUEST (completed by the Licensee): Requesting Party: Date: Date: Phone: EMAIL: Contact Person: If Granted, Approximate Availability Date: Phone: EMAIL: AEF Term: AEF Renewal Term: Conduit Request Specifications: A Location: Z Location: Number of Conduit: Size of Conduit: Access Points: Fiber Request Specifications (fiber type, requirements, etc.): A Location: Z Location: Fiber Count: Is Fiber within above Conduit?: Splice Points: ASSET REQUEST CONFIRMATION (completed by the Licensee): Date: Signature: ASSET USE AUTHORIZATION (LICENSE) (completed by the Licensor): Party: Date: Contact Person: Phone: EMAIL: ❑ License Granted ❑ License Denied (check one) If Granted, Approximate Availability Date: Page 12 of 14 325 (Licensor to attach a drawing to this AEF of the License, including access and splice points.) Licensor Signature: Printed Name: Title: Date: NOTICE OF ASSET AVAILABILITY (completed by the Licensor): Date of Asset Availability: Licensor Signature: Printed Name: Title: Date: Page 13 of 14 326 EXHIBIT B TO BE AGREED UPON BY THE PARTIES. FORM MAY INCLUDE: City shall coordinate all activity on a Licensed Asset with Zayo's Network Control and Management at Zayo shall coordinate all activity on a Licensed Asset with City's Network Operations Center at 1 -800 - Originator: Phone #: Date Originated: Responsible Party: Phone #: Cell/Pager#: Additional Vendor Contact Info: Phone: Maintenance Spans affected: Job Locations: City: State: Brief Job Description: *************ACTIVITY CLASSIFICATION ************* Date requested: Time: Expected Duration of Activity: ***************APPROVALS*************** Page 14 of 14 327 328 Transportation & Infrastructure Committee Minutes November16, 2020 Committee Recommendation Unanimous approval, forward to November 23, 2020 Committee of the Whole. E. Asset Sharing Agreement: Zayo Group Staff is seeking Council approval of an asset sharing agreement with Zayo Group, LLC. Item(s) requiring follow-up: • Change Pierce County to King County in the agreement. Committee Recommendation Unanimous approval, forward to November 23, 2020 Special Consent Agenda. F. 2020 Committee Work Plan Committee members and staff discussed the status of items on the Committee work plan. Item(s) requiring follow-up: • Update items listing TBD status Committee Recommendation Discussion only. II. Miscellaneous a. 53rd Ave S Street Improvements - A group of 8-10 residents attended the Saturday morning meeting. Direction of the one-way was questioned and the City is working with the design consultant to change it as the initial reason was due to bicycle flow. The sidewalk and curb installation were originally part of the 2020 Overlay, but the 2020 project was reduced due to COVID budget reductions. The eastside sidewalk will be included in the 2021 Overlay project and the channelization will change during that construction. Flashing stop signs were requested and the downhill stop sign will be changed. Safety issues will also be looked at with the possibility of adding additional streetlights. Committee consensus was to prioritize the 53rd Ave S traffic revision project as part of the 2021 Overlay & Repair Project. A communication strategy for public outreach on CIP projects was recommended to be included in the Committee's 2021 Work Plan. The meeting adjourned at 6:30 p.m. CDJ Committee Chair Approval Minutes by GL 329 330 UPCOMING MEETINGS AND EVENTS NOVEMBER - DECEMBER 2020 Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page). NOV 23 MONDAY NOV 24 TUESDAY NOV 25 WEDNESDAY NOV 26 THURSDAY NOV 27 FRIDAY NOV 28 SATURDAY ➢ Community Services & Committee 5:30 PM Electronic meeting Finance Committee 5:30 PM Electronic meeting City Council Committee of the Whole Meeting 7:00 PM Electronic meeting Special Meeting to follow Committee of the Whole Meeting. ➢ Arts Commission Cancelled // `nr",{ t"• j e4r Vet, City offices and Community Center closed. Va? '71146'4 7 +c>�,r�in City offices and Community Center closed. .1841 61_5Safety t !lf,.,: ' - _ a ,ll Tukwila International Boulevard Action Committee Trash Pick -Up Day For more information, call Sharon Mann at 206-200-3616. NOV 30 MONDAY DEC 1 TUESDAY DEC 2 WEDNESDAY DEC 3 THURSDAY DEC 4 FRIDAY DEC 5 SATURDAY No Council or Committee meetings this week due to a 5th Monday week. ➢ Library Advisory Board 5:30 PM Electronic meeting S. Equity & Social Justice Commission 5:15 PM Electronic meeting COMMUNITY ENGAGEMENT SURVEY FOR POLICE CHIEF EXTENDED TO NOVEMBER 30! City of Tukwila is recruiting for its next Chief of Police. We want to hear from the community before the recruitment process starts. Let us know what is important when recruiting the next Chief of Police. For more information and complete the survey, visit tukwilawa.govldepartmentslhuman-resources/chief-of-police-recruitment. ADOPT -A -SPOT AND BECOME A PARK STEWARD t TLIKW' LA' e - � A year round partnership with residents, community groups and businesses to help beatify Tukwila's parks and trails. Will you PARKS & RECREATION consider adopting a spot by pitching in to pick up litter in your favorite parks? oto° � `F "' ' ' "" For more information, call 206-767-2315 or visit tukwilawa.gov/residents/parks-recreation/adopt-a-spot. SPIRIT ANNUAL SPIRIT OF GIVING CAMPAIGN The goal of the Spirit of Giving campaign is to reduce financial stress for caregivers and help create a time of ease and joy for Tukwila children and their families. Thanks to our partners, the Tukwila Children's Foundation and Tukwila School District, Tukwila Parks and Recreation staff will collect warm coats, cozy blankets, basic hygiene and home necessities, and toys that promote active and C#-, Of creative play to help 150 families (400 children) this winter. GIVING For more information on donating necessities, email Giving@TukwilaWA.gov or call 206-768-2822. For financial contribution, visit TukwilaChildrensFoundation.org/donate. 100% of all cash donations go directly to purchases for Tukwila children and families. All contributions are tax deductible through the Tukwila Children's Foundation. MOM 111111. PARK N PLAY - FREE MEALS, SNACKS, ACTIVITY KITS AND OTHER ESSETNIALSI OCT 5 - DEC 17 '°" Parks and Recreation will deliver free meals, activity kits and snacks. Staff will be at various school lunch sites in the morning then various PAP 6 PL" parks around 12 pm. If you're having trouble making it out to a school site to pick up lunch, then visit us at the park! monola For more information on locations and time, email ParksRec@TukwilaWA.gov or visit tukwilawa.govldepartments/parks-and- re c re at i o n /summer -2020. DRIVE THRU PICK-UP - 3118 S 140TH ST . Regular pantry hours are 10:00 AM - 2:30 PM (Tue, Thu and Sat). Tukwila Pantry is in need of shopping bags. - VOLUNTEERS - In need of volunteers between 8 AM - 1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions Tuesdays, Thursdays and Saturdays. DONORS - Please donate at TukwilaPantry.org. Still Waters SnackPack needs your donations and volunteer help! SnackPack serves food bags on Fridays to Tukwila students in need. Volunteers needed on Wednesdays, Fridays 9:45am-12:15pm. Please donate to feed our Tukwila kids. For more information, call 206-717-4709 or visit facebook.com/TukwilaWeekendSnackPack. 88576, Tukwila WA 98138. f•'During Hunger & Homelessness Awareness Month in November, SnackPack is issuing 4 -• number of Cup Noodles will win tickets to the spring auction and will be recognized at the event Facebook posts. Organize your friends, family, service club, social group, business associates ,CHALLENG your team today! You will be able to follow the progress of this competition on SnackPack Facebook 1pm-3pm, Thursdays 9am-10am and Checks can be mailed to Still Waters, PO Box a challenge. The team that donates the largest as well as in SnackPack newsletters and or members of your faith community, and register Event Page: https:l/fb.me/e/6sL7kHDad. rigCHILD CARE FINANCIAL ASSISTANCE PROGRAM FOR FAMILIES IMPACTED BY COVID-19 Eligible families will receive a voucher to pay for their child care at eligible providers for up to 4 months. Child Care Resources is administering the Comity program in partnership with King County. Household income must fall below income guidelines (400% of FPL). KingFor more information, call 1-800-446-1114 (Mon -Fri 8:30am - 4:30pm) or visit dchsblog.com/2020/09/28/covid-19-child-care-support. FREE COVID-19 TESTING STARTING OCT 6 9:30 AM - 5:30 PM MON-SAT CHURCH BY THE SIDE OF THE ROAD 3455 S 148th St Drive-thru and walk-up testing is available. CHI Franciscan partners with King County and City of Tukwila to provide this free service. p ,. i See flyer for information in multiple languages: records.tukwilawa.gov/WebLink/lledocl333100/pagel.aspx ;King Countyw For more information to register, call King County at 206-477-3977 (8am - 7pm) or visit www.chifranciscan.org/freetesting. 0 -'a r _ A THE GREAT TUKWILA CARRY -OUT - SUPPORT OUR RESTAURANTS! 1,i' ^S Many Tukwila restaurants are offering pick up and/or delivery 1= restaurants by ordering from one of the listed restaurants. Tbvilit Contact City of Tukwila using the online form if we missed a restaurant For more information, visit TukwilaWA.gov/departments/economic-developmentlthe-great-tukwila-carry-out. options during the Stay Home, Stay Healthy Order. Help support Tukwila or if a restaurant is no longer offering services. 331 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4— C.O.W. NOV 2 See below link for the agenda packet to view the agenda items: November 2, 2020 Regular Meeting NOV 9 See below link for the agenda packet to view the agenda items: November 9, 2020 Committee of the Whole Meeting NOV 16 See below link for the agenda packet to view the agenda items: Vovember 16, 2020 Regular Meeting NOV 23 See below link for the agenda packet to view the agenda items: November 23, 2020 Committee of the Whole Meeting to be followed by Special Meeting MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. DEC 7 Special Presentation DEC 14 Special Issues DEC 21 DEC 28 - Report on Police Chief search community engagement effort. - Report from the Public Safety Bond Financial Oversight Committee. Consent Agenda - COVID-19 weekly report. - COVID-19 Financial Impact Report. - COVID-19: Renewing Emergency Rules to Allow Tents in Parking Lots and Temporary Signage. - A contract for an Enterprise Resource Planning (ERP) system for the Finance Department. - Seattle Southside Regional Tourism Authority: Return on Investment. - Lodging Tax metrics and key performance indicators. - Land Acknowledgement Practice. Special Meeting to follow Committee of the Whole Meeting. Consent Agenda Authorize the Mayor to sign Contract Amendment #2 with KPG Inc for the 2020-2021 Annual Small Drainage Programs in the amount of $248,966. Unfinished Business - COVID-19 weekly report. - An ordinance amending Table 18-6 "Land Uses Allowed By District" as codified in TMC Title 18 "Zoning", to clarify the types and form of development permitted in the Regional Commercial and Neighborhood Commercial Center zones located in the Tukwila International Boulevard Study area - Budget Legislation: - An ordinance adopting the 2021-2022 Biennial Budget. - A resolution adopting the 2021-2026 Financial Planning Model and Capital Improvement Program. - An ordinance amending the 2019-2020 Biennial Budget. - A resolution adopting a new 2021-2022 Public Works Fee Schedule, and repealing Resolution #1945. - A resolution repealing Resolution #1947, and adopting a Consolidated Permit Fee Schedule. - A resolution adopting a Residential Rental Business License and Inspection Program Fee Schedule, and repealing Resolution #1946. - Impact Fee Ordinances: - An ordinance amending Ordinance No. 2572 to update the Parks Impact fee schedule as codified in Tukwila Municipal Code Chapter 16.28 as Figure 16-1, "Fee Schedule," repealing Ordinance No. 2599. - An ordinance amending Ordinance No 2571 to update the Fire Impact fee schedule, as codified in Tukwila Municipal Code Chapter 16.26 as Figure 16-1, "Fee Schedule," repealing Ordinance No. 2598. - Financial Policy Legislation - Resolution adopting Financial Policies, and repealing Resolutions #1919 and #1950. - Resolution adopting Purchasing Policy. - Ordinance repealing Ordinance #2245 §1 (part), as codified at TMC Sections 3.32.030, "Bids," and 3.32.040, "Unbudgeted Equipment or Fixed Asset Items." - An ordinance granting a non-exclusive franchise to Extenet Systems, for the purpose of constructing, operating and maintaining a telecommunications system in the public rights-of-way in the City. New Business - Authorize the Mayor to sign a contract for an Enterprise Resource Planning (ERP) system for the Finance Department. - COVID-19: Renewing Emergency Rules to Allow Tents in Parking Lots and Temporary Signage. - Accept as complete the 2020 Overlay and Repair Program; authorize release of retainage, subject to the standard claim and lien release procedures. Authorize the Mayor to sign the purchase and Sale Agreement to sell property to HealthPoint. 332