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HomeMy WebLinkAboutCOW 2008-12-08 COMPLETE AGENDA PACKET - ~vJ\LA, ~ Tukwila City Council Agenda ~~ ~/ \~ .:. COMMITTEE OF THE WHOLE .:. 0/ ;~ . '(j') -I' I 8 <; i-{ . 10 Jim Haggerton, Mayor Councilmembers: . Joan Hernandez . Pamela Linder ~\ . i~ '.'" ,../ Rhonda Berry, City Administrator . Dennis Robertson. Verna Griffin ... "'~'~~'MM"" }II 1908 Joe Duffie, Council President . Kathy Hougardy + De'Sean Quinn Monday, December 8, 2008, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Mothers Against Drunk Driving (M.A.D.D.) A ward for Officer Matt Ludwig; PRESENTATIONS Judy Eikin, M.A.D.D. representative. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments tofive minutes per citizen). To comment on an item listed on this agenda, please saveyour comments until the issue is presented for discussion. 4. SPECIAL a. South Correctional Entity (S.C.O.R.E.) Interlocal Agreement. Pg.1 ISSUES b. Tukwila Urban Center Access Project (Klickitat) Supplemental Pg.55 Agreement #2. c. Bid award for Tukwila International Boulevard Phases II & III. Pg.61 d. Contract Extension for Commercial Development Solutions. Pg.77 e. Impact Fee Ordinances for Fire and Parks. Pg.81 f. An ordinance adopting the 2008 Fire Master Plan with the inclusion of Pg.119 the Mayor's response specifying phased implementation; and establishing level-of-service goals for Fire services (please bring your 10/13/08 Co. W. packet and Fire Master Plan). g. Proposed Budget/Capital Improvement Program: Pg.135 1. An ordinance adopting the biennial budget for the 2009-2010 biennium. 2. A resolution adopting the 2009-2014 Financial Planning Model and the Capital Improvement Program (please brinR your draft BudRet/CIP). 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings ,vith advance notice to the City Clerk's Office 206-433-1800ffDD 206-248-2933. This notice is available at WW\v.ci.tukwila.wa.us. and in alternate formats with advance notice for those with disabilities. Tuk>viIa Council meetings are audio taped. ILA, �Q 1` COUNCIL AGENDA SYNOPSIS y rtutcal; ITEM IVO. p t% o dleetunq Date 1 Prepared by I Mayor's review I Council review w�..; o 12/08/08 I RB I .4 E`er i 12/15/08 I RB I nn ITEM INFORMATION 1CAS NUMBER 08-159 I ORIGINAL AGENDA DATE: DECEMBER 8, 2008 AGI,ND.\ I'1'I.M is South Correctional Entity (S.C.O.R.E.) Interlocal Agreement C.\"ri x;ORY Discussion I 1 [Motion n Resolution Ordinance Bic Award n Public Hearing 1 I Other A Itg Date 12/8/08 Altg Date Altg Date Alta Date 12/15/08 AN Date Alts Date Mfg Date Si )NSOR Council Mayor Adm SPCS n DCD Finance I I Fire n Legal n P&R Police PIV SPONSOR'S The cities of Auburn, Federal Way, Des Moines, Renton, Burien, SeaTac and Tukwila SUMMARY (Member Cities) recognize there is a public need for a new correctional facility to serve the South King County region and to provide correctional services at a lower total cost to the Member Cities. The Council is being asked to pass an ordinance authorizing the Mayor to enter into an interlocal agreement relating to the S.C.O.R.E. facility and formation of the S.C.O.R.E. Development Authority. RI ;.\'ll {WI BY COW Mtg n CA &P Cmte F &S Cmte n Transportation Cmte (11 Utilities Cmte I 1 Arts Comm. n Parks Comm. n Planning Comm. DATE: 12/2/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize the Mayor to sign the agreement COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPI :N1)1'I'URIi Ri .OUIRI I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source. Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/08/08 MTG. DATE ATTACHMENTS 12/08/08 Informational memorandum dated 11/12/08 Ordinance in draft form Interlocal Agreement City of Renton Ordinance Charter of the Authority Bylaws of the Authority 4 Minutes of the Finance and Safety Committee Meeting of 12/2/08 MEMORANDUM TO: Finance and Safety Committee FROM: Mayor's Office DATE: November 12, 2008 SUBJECT: SCORE Jail Documents Attached for Committee review and recommendation are the following documents: 1) An Ordinance authorizing execution of an interlocal agreement Relating to the South Correctional Entity (SCORE) facility and formation of the SCORE Development Authority 2) SCORE Interlocal Agreement 3) Charter of the SCORE Public Development Authority 4) SCORE By -laws Also included for informational purposes is an ordinance that the Renton City Council will need to pass authorizing the creation of the SCORE PDA. As you will remember, the City of Renton has been the lead agency on this partnership because of Renton staffs experience and expertise in jail matters. The SCORE project is on an aggressive timeline. A potential site has been determined and due diligence on the property is in process. Council's swift consideration of this matter is critical to our ultimate deadline of having the facility operational by 3rd quarter 2011. Swift action, however, is not intended to short- circuit Council having a complete understanding of the City's obligations to this project. At this writing the question of the upper limit of the financial obligation and a question relating to future annexations are still being worked out. It is anticipated that those questions will be answered prior to the Committee meeting. If not, committee members can determine if there is enough substantive information to move this topic forward for discussion at COW. W:SCOREcovermemo F &S.doc A DR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKth'ILA, WASHINGTON, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT RELATING TO THE SOUTH CORRECTIONAL ENTITY FACILITY AND THE FORMATION OF THE SOUTH CORRECTIONAL ENTITY FACILITY DEVELOPMENT AUTHORITY; PROVIDING FOR SEVERABILTTY AND ESTABLISHING AN EFI DATE. WHEREAS, the City of Tukwila, Washington (the "City"), is authorized by Chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the City currently contracts with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Cities of Auburn, Federal Way, Des Moines, Renton, Burien, SeaTac, and Tukwila, Washington (the "Member Cities recognize and find that there is a public need for a new correctional facility to serve the South King County region and to provide correctional services at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, the Member Cities now desire to enter into an interlocal agreement (the "Interlocal Agreement") to form a governmental administrative agency known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities are considering the formation of a public corporation for the purpose of issuing and servicing bonds that are secured by the full faith and credit of the Member Cities in order to provide for the financing of the SCORE Facility; and WHEREAS, the City of Renton, Washington, has agreed to act as the host city for the formation of the public corporation, subject to the approval of each Member City; and WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: C: \Documents and Settings \All Users Desktop Kelly \:vtSDATA Ordinances \SCOREdoc RB:ksn 12/4/2008 Page 1. of 3 Section 1. Approval of Interlocal Agreement. The Mayor of the City is hereby authorized to execute the Interlocal Agreement with the Cities of Renton, Auburn, Federal Way, Des Moines, Burien, and SeaTac, Washington, substantially in the form as attached hereto as Exhibit A and incorporated herein by this reference (the Interlocal Agreement for the creation of a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity "SCORE The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the creation of SCORE. Section 2. Approval of Formation of the Authority. Pursuant to Chapter 39.34 RCW and RCW 35.21.730 through RCW 35.21.755, the City hereby approves the creation of a public corporation by the City of Renton to be designated as the South Correctional Entity Facility Public Development Authority (the "Authority"). The purpose of the Authority is to provide an independent legal entity under State law to issue debt to finance and refinance the acquisition, construction, improvement and equipping of a correctional facility (the "SCORE Facility Such debt may be issued in one or more series, may be in the form of bonds, notes or other evidences of indebtedness to provide interim and perrnanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality Such bonds, notes, and other evidences of indebtedness are collectively referred to herein as the "Bonds." The proposed form of ordinance to be considered by the City Council of the City of Renton, along with the Charter and the Bylaws of the Authority, drafts of which are attached hereto, as Exhibits B, C and D, respectively, are hereby approved. The City Council hereby approves the formation by the City of Renton of the Authority by the approval of such ordinance, Charter and Bylaws substantially in the forms presented to this Council. Section 3. Limited Liability; Independent Obligations. The Authority shall be an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of the Authority. No creditor or other person shall have any recourse to the assets, credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions of the Authority. Section 4. City Contributions to Operations and Bonds. A. The Member Cities shall pay an allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility not paid from other sources, which allocable portion shall be determined as provided in the Interlocal Agreement. In addition to the foregoing commitment, each Member City shall contribute funds in the percentages provided for in the Interlocal Agreement, which for the City is equal to 8 to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution The authorization contained in this ordinance is conditioned upon the issuance of Bonds not exceeding the aggregate principal amount of 5100 million (not including any bonds or notes to be refunded with proceeds of such Bonds) without obtaining additional Council approval. B. No Member City shall be obligated to pay the Capital Contribution of any other Member City; the obligations of the City with respect to the Bonds shall be limited to its 8% allocable share of such obligations, all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction, and each Member City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The obligation of the City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of the City, C \Documents and Settings \All Users \Desktop Kelly \MSDATA Ordinances \SCOREdoc RB:ksa 12/4/2008 Page 2 of 3 payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefore. The City hereby obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding non -voted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding. Section 5. Preliminary Costs; Reimbursement. The City is hereby authorized to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of Bonds by the Authority pursuant to the terms of the Interlocal Agreement. Pursuant to U.S. Treasury Regulation Section 1.150 -2(e), the City reasonably expects to be reimbursed for such expenditures with proceeds of Bonds issued by the Authority The maximum principal amount of Bonds expected to be issued for the SCORE Facility described in Section 2 is $100 million. Section 6. 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 7. 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 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY. Passed by the City Council. Published. Effective Date: City Attorney's Office Ordinance Number Attachment Exhibit A Interlocal Agreement Exhibit B Proposed City of Renton Ordinance Exhibit C Charter of the Authority Exhibit D Bylaws of the Authority C: \Documents and Settings \All Users \Des !dap Kelly \MSDATA Ordinances \SCORE.doc RB:ksn 12/4/2008 Page 3 of 3 Exhibit A SCORE INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this 2008 by and among the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the Member Cities currently contract with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Member Cities now desire to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity "SCORE to establish and maintain a consolidated correctional facility (the "SCORE Facility to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by a public corporation created in accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured by the full faith and credit of the Member Cities; and WHEREAS, the City of Renton has agreed to act as the host city for the formation of a public corporation to be known as the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority subject to the approval of each Member City; and WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: C: \DOCUME— I \christy\ LOCALS-- I \Temp'XPGrpWise\20358_OIXSCORE Interlocal Agreement.doc 1 Section 1. SCORE Facility; Authority (a) Administrative Agency. There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity "SCORE SCORE shall initially consist of the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility (the "SCORE Facility and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve federal and state agencies as well as other municipal corporations "Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c) Administrative Board. The affairs of SCORE shall be governed by an administrative board (the "Administrative Board formed pursuant to Section 4 of this Agreement. The Administrative Board shall have the authority to: 1. Recommend action to the legislative bodies of the Member Cities; 2. Establish a budget and approve expenditures; 3. Establish policies for investing funds and incumng expenditures of budget items for the SCORE Facility; 4. Review and adopt a personnel policy for the SCORE Facility; 5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6. Conduct regular meetings as may be designated by the Administrative Board; 7. Determine what services shall be offered at the SCORE Facility and under what terms they shall be offered; 8. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement, 9. Establish rates for services provided to members, subscribers or participating agencies; 10. Direct and supervise the activities of the operations board created pursuant to Section 5 and the facility director selected pursuant to Section 6; C \DOCUME-- 1`.christy\ LOCALS -1 \Temp \XPGrp\Vise\20358_OIXSCORE lnterlocal Aereement.doc 7 11. Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this Agreement; 13. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; 14. Receive and account for all funds allocated to the SCORE Facility from its members; 15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; 16. Sell, convey, mortgage, pledge, lease, exchange, transfer and othenvise dispose of property and assets; 17. Sue and be sued, complain and defend, in all courts of competent jurisdiction in its name; 18. Make and alter bylaws for the administration and regulation of its affairs; 19. Enter into contracts with Subscribing Agencies to provide correctional services; 20. Employ employees as necessary to accomplish the terms of this Agreement; and 21. Engage in any and all other acts necessary to further the goals of this Agreement. Section 2. Duration of Agreement The initial duration of this Agreement shall be for a period of ten (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement shall not terminate until all bonds or other obligations issued by the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority") as provide in Section 14 of this Agreement are no longer outstanding. Section 3. Withdrawal and Termination (a) Subject to Section 3(g) below, any Member City may withdraw its membership and terminate its participation in this Agreement by providing wntten notice and serving that notice on the other Member Cities on or before December 31 in any one -year. After providing appropriate notice as provided in this Section, that Member City's membership withdrawal shall C \.DOCUME- 1 \christy\LOCALS --1 \Temp\XPGrp \Vise\20358_01XSCORE lnterlocal Agreement.doc 3 become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. (b) Subject to Section 2 above, four (4) or more Member Cities may, at any one time, by written notice provided to all Member Cities, call for a complete termination of SCORE and this Agreement. Upon an affiuu>.ative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to tein>.inate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to teiniinate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. (c) Subject to Section 3(g) below, in the event any Member City fails to budget and provide the required annual funding requirements for SCORE as provided in Section 14 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be teiniinated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 3(e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under teims and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any teiniination notice. (e) If an individual Member City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: 1. All real and personal property acquired pursuant to this Agreement shall be distributed to the Member Cities based on the Base Percentages (as defined in Section 14); and 2. All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the tei.iiiination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 3, the withdrawal of any Member City from this Agreement shall not discharge or relieve the Member City that has withdrawn pursuant to Section 3(a) or been terminated pursuant to Section 3(c) of its obligation to pay debt service on the bonds issued by the SCORE Facility Public Development Authority. A Member City may be relieved of its obligation under this Agreement to make payments with respect to its Capital Contribution (as defined in Section 14) if the Administrative Board, by supeiivajority vote (majority plus one), C \DOCUME-- 1 \christ LOCALS 1 \Temp\XPGrpWise\20358_OIXSCORE lnterlocal Agreernent.doc 4 authorizes such relief based on a finding that such payments are not required to pay debt service on bonds issued by the SCORE Facility Public Development Authority. Section 4. Administrative Board (a) Formation. An Administrative Board composed of the Mayor or his or her designee from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding debt, approval of the budget, employment of the Facilities Director, and approval of labor contracts shall require an affrrnlative vote of a supermajority (majority plus one) of the Member Cities, two (2) of which shall have the highest and the second highest average daily population at the SCORE Facility calculated at the time of the vote. (d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its Members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a budget for the following fiscal year. Other meetings may be held upon request of the Presiding Officer or any two members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Four (4) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other dunng the meeting. Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. C \DOCUME —I \chesty\ LOCALS-- 1 \Temp\XPGrpWise\20358_OIXSCORE Interlocal Agreement.doc 5 (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. Section 5. Operations Board (a) Formation. There is further established an operations board (the "Operations Board which shall consist of the Police Chief of each Member City or his or her designee. Additionally, the Police Chiefs of the Subscribing Agencies shall, by majority vote, elect up to two (2) at -large member to represent the police departments of the Subscribing Agencies. At the time set for election of the at -large members, only the Subscribing Agencies representatives, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at -large member elections. The at -large members shall serve one -year terms, unless otherwise determined by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (b) Voting and Meetings of the Operations Board. Each Operations Board member shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. The Operations Board shall elect a Presiding Officer from its members and shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall be held each month at a time and place designated by the Presiding Officer or a majority of its members, Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the Operations Board Members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Five (5) members of the Operations Board must be present at any meeting of the Operations Board to comprise a quorum, and for the Operations Board to transact any business. Proxy voting shall not be allowed. Members of the Operations Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Operations Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Section 6. Facilitv Director. Not later than one hundred eighty (180) days prior to the completion of the SCORE Facility, the Operations Board shall recommend to the Administrative Board a person to act as C \DOCIJME— i \christy\ LOCALS -I \Temp\XPGrpWise\20358_OIXSCORE Interlocal Agreement.doc 6 the Facility Director (the "Director The Administrative Board may accept or reject the Operations Board recommendation. Such Director shall be responsible to the Administrative Board, shall advise same from time to time on a proposed budget and other appropriate means in order to fully implement the purposes of this Agreement. The Director shall administer the program in its day -to -day operations consistent with the policies adopted by the Administrative Board. Such Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. Section 7. Personnel Policy (a) The Operations Board shall submit to the Administrative Board within one hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel policy for the SCORE Facility for its approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policy shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Section 8. Operations and Budtet (a) The Director shall distribute a proposed budget to the Operations Board on or before August 1 of each year, which said budget shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of the programs and objectives as contained in said proposed budget, and of the required financial participation for the ensuing year. (b) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 14 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this Agreement. Section 9. Contracts and Support Services (a) The Administrative Board (or the Operations Board or the Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. C \DOCUME- -I\christy \LOCALS --I \Temp \XPGrpWise\20358_OIXSCORE Interlocal Agreement.doc 7 Section 10. Policy and System Evaluation The Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 11. Additional Services Authorized The Administrative Board shall evaluate and deteiiiiine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 12. Inventory and Property (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed to Member Cities in accordance with Section 3(f) above. (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supeiiiiajority vote (majority plus one) of the Administrative Board. Section 13. Local Control Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. C DOCUME— I\ christy\ LOCALS-1\ Temp\XPGrp \'Vise\20358_OIXSCORE Interlocal Agreement.doc 8 Section 14. SCORE Facility Financine and Construction; SCORE Facility Public Development Authority (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des Moines, Washington. Pursuant to RCW 35.21.740, the City of Des Moines hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authority within the corporate limits of the City of Des Moines in a manner consistent with the terms of this Agreement. (b) Contracts for the SCORE Facility. The Administrative Board shall authonze, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Facility. _These contracts shall include, without limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has agreed to foiiii a public corporation pursuant to RCW 35.21.730 through 35.21.755 known as the South Correctional Entity Facility Public Development Authority. The purpose of the SCORE Facility Public Development Authority is to issue debt to finance and refinance the acquisition, construction, improvement and equipping of the SCORE Facility. Such debt may be issued in one or more series, may be in the form of bonds, notes or other evidences of indebtedness to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. Such bonds, notes, and other evidences of indebtedness are collectively referred to herein as the "Bonds." The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authonty as further provided in the Authority's organizational charter. Upon issuance of Bonds by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority as a first pnonty and pledge of the revenues of SCORE. (d) SCORE Facility Financing. The Member Cities shall each pay an allocable portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue received from Subscribing Agencies or other sources, as provided in this Agreement. Each Member City shall be billed for its total allocable capital and operating costs on a semiannual basis, or more frequently as determined by the Administrative Board, calculated as provided for in this Section. (1) Capital Contribution. Each Member City shall be obligated to pay an amount equal to its Base Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable and administrative expenses of the SCORE C \DOC UME-- 1 \christy \LOCALS -I \Temp \XPGrpWise\20358_OIXSCORE Interlocal Agreement.doc 9 Facility Public Development Authority with respect to the Bonds (the "Capital Contribution without regard to the payment or lack thereof by any other Member City. The "Base Percentage" is defined as a percentage equal to the 2007 average daily population allocable to the Member Cities in all correctional facilities. Those percentages are as follows: (i) Auburn twenty -nine (29 (ii) Des Moines five (5 (iii) Federal Way seventeen (17 (iv) Renton thirty -four (34 (v) Tukwila— eight (8 (vi) Burien four (4 (vii) SeaTac three (3 No Member City shall be obligated to pay the Capital Contribution of any other Member City, and each Member City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with Section 3(g). The obligation of each Member City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Member City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Member City on all of the taxable property within the Member City and other sources of revenues available therefor. Each Member City has or will agree to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding. (2) Costs ofMazntenance and Operatzon. Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31, 2012), the allocable portion that each Member City shall be obligated to pay of costs of maintaining and operating the SCORE Facility and all costs of admimstenng SCORE (the "Costs of Maintenance and Operation in such year shall be equal to the City's Base Percentage multiplied by the Costs of Maintenance and Operation. Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Member Cities in all correctional facilities, for the 12 -month period ending June 30 of the preceding year. Commencing with the third calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility for the 12 -month period ending June 30 of the preceding year. (e) Allocation of Revenues. Revenues received in a calendar year from Subscribing Agencies or from sources other than the contributions described in Section 14(d) above shall be used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each C' \DOCUME- -1 \christy\ LOCALS-- 1 \Temp\XPGrpWise 20358_OIXSCORE Interlocai Agreement.doc 10 Member City shall receive credit/benefit of the revenues discussed in this section based on that Member City's proportional average daily population. (f) Special Facility Designation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscnbing Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Section 15. Preliminary Costs of the SCORE Facility: Bellevue Property The Administrative Board shall allocate costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of the Bonds by the SCORE Facility Public Development Authority among the Member Cities by an affirmative vote of a supeiiiiajority (majority plus one) of the of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in all correctional facilities calculated at the time of the vote. Any costs of the SCORE Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of Bonds to the extent permitted by law. The Member Cities hereby agree that any net proceeds received from the sale of the property located at 1440 116 Avenue NE, Bellevue, Washington and 1412 116 Avenue NE, Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with SCORE and used to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility. Section 16. Filing of Agreement Upon execution, this Agreement shall be filed as required in RCW 39.04.040. Section 17. Severabilitv If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. Section 18. Execution This Agreement, or amendments hereto, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution or C• \DOCUME-- I \christy\ LOCALS-- 1 \Temp:XPGrpWise \20358_OIXSCORE Interlocal Agreement.doc 11 ordinance of each Member City. This Agreement, or any amendment, shall be deemed adopted upon the date of execution by the last so authorized representative. Section 19. Hold Harmless The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by SCORE exclusively. Section 20. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF AUBURN CITY OF RENTON By: Mayor By: Mayor CITY OF DES MOINES CITY OF TUKWILA By: Mayor By: Mayor CITY OF FEDERAL WAY CITY OF BURIEN By: Mayor By: Mayor CITY OF SEATAC By: Mayor C \DOCIJME-- I;christy\ LOCALS- 1 \Temp\XPGrpwise't20358_01XSCORE Interlocal Agreement.doc 12 EXHIBIT B ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE CREATION OF A PUBLIC CORPORATION TO BE KNOWN AS THE SOUTH CORRECTIONAL FACILITY PUBLIC DEVELOPMENT AUTHORITY; APPROV iNG A CHARTER AND BYLAWS; ESTABLISHINNG A BOARD OF DfRECTORS TO GOVERN THE AFFAIRS OF THE AUTHORITY; AND APPROVING PROCEDURES FOR THE CONDUCT OF ITS AFFAIRS. WHEREAS, pursuant to RCW 35.21.730 through 35.21.755, the City Council (the "Council of the City of Renton, Washington (the "City may authorize the creation of a public corporation as a separate legal entity to perform any lawful public purpose or public function as therein authorized; and WHEREAS, pursuant to chapter 39.34 RCW, the City has entered into the SCORE Interlocal Agreement (the "Interlocal Agreement with the Cities of Auburn, Des Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (together with the City, the "Member Cities for the foiriiation of a governmental administrative agency known as the South Correctional Entity "SCORE and WHEREAS, SCORE is responsible for the establishment and maintenance of a consolidated correctional facility (the "SCORE Facility to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, the Interlocal Agreement contemplates that the City will create a public corporation for the purpose of issuing and servicing bonds that are secured by the full faith and credit of the Member Cities in order to finance the acquisition, construction, equipping, and improving of the SCORE Facility; and WHEREAS, the City will act as the host city for the formation of the public corporation, subject to the approval of each Member City; and WHEREAS, the City has deteiniined that chartering a public corporation to function on its behalf in undertaking the acquisition, construction, equipping, and improvement of the SCORE Facility will create a highly focused and dedicated entity that will accelerate progress, provide for financing, pool limited resources and enhance opportunities to work with the Member Cities and others critical to the successful constriction and operation of a regional correctional facility, all while ensuring appropriate public oversight and accountability; and WHEREAS, the Council has been presented with drafts of a proposed charter (the "Charter and bylaws (the `Bylaws for the establishment and chartering of a public corporation to be known as the South Correctional Entity Facility Public Development Authority, which will have as its purpose the issuance and servicing of one or more senes of bonds or other obligations to provide financing for the acquisition, construction, equipping, and improving of a correctional facility pursuant to the tennis of this ordinance and the Charter; and WHEREAS, it appears in the best interest of the City to approve the Charter and Bylaws for the South Correctional Entity Facility Public Development Authonty as now proposed; BE IT ORDAINi TED by the Council of the City of Renton: Section 1. Authonty Created —City Liability Limited. A. Authority Created. The Council hereby authorizes the creation of a public corporation pursuant to RCW 35.21.730(5). The public corporation shall have all of the powers set forth in this ordinance, RCW 35.21.730 through 35 21.755, and its charter necessary to finance and refinance the acquisition, construction, equipping, and improvement of a regional correctional facility known as the South Correctional Entity Facility (the "SCORE Facility through the issuance and servicing of one or more series of bonds, notes or other obligations (collectively, the "Bonds and to perform any other function specified in its charter. B. Name. The name of the public corporation shall be the "South Correctional Entity Facility Public Development Authority" (hereinafter the "Authority C. Seal. The corporate seal of the Authority shall carry the name of the Authority. D. City Liability Limited. The Authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. Except as specifically agreed in writing by the City, the Authority shall take no action that might impose liability upon the City. All liabilities incurred by the Authority shall be satisfied exclusively from the assets, credit, and properties of the Authority, and no creditor or other person shall have any right of action against or recourse to the City, its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the Authority. The charter of the Authority shall provide that the Authority is organized pursuant to this ordinance and RCW 35.21.730 through 35.21.755 and state as follows: "[A]11 liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or -2- P'\20358 DG\20358 0J 1 12'04/08 other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations or liabilities of such public corporation, commission, or authority." Such statement shall be displayed in a prominent location in the principal office or other offices of the Authority. It shall also be printed or stamped on all contracts, bonds, and other documents that may entail any debt or liability by the Authority. E. Contributions of the Cities. The City and the Cities of Auburn, Des Moines, Federal Way, Tukwila, Burien, and SeaTac, Washington (together with the City, the /Member Cities shall pay an allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility not paid from other sources, which allocable portion shall be deteiiitined as provided in the Interlocal Agreement. In addition to the foregoing commitment, each Member City shall contribute funds in the percentages provided for in the Interlocal Agreement to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution No Member City shall be obligated to pay the Capital Contribution of any other Member City; the obligations of each Member City with respect to the Bonds shall be limited to its allocable share of such obligations; all such payments shall be made by the Member City with out regard to the payment or lack thereof by any other jurisdiction; and each Member City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The obligation of each Member City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Member City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Member City on all of the taxable property within the Member City and other sources of revenues available therefor. Each Member City has or will obligate itself and commit to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding. Section 2. Powers Generally. Except as limited by the state constitution, state statute, this ordinance or the Charter of the Authority, the Authority shall have and may exercise all lawful powers necessary or convenient to effect the purposes for which the Authority is organized and to perform authorized corporate functions, as provided in its Charter. Pursuant to the Interlocal Agreement, the Authority may operate within the corporate limits of the City of Des Moines, Washington to accomplish the purposes set forth therein. Section 3. Limitation of Powers. The activities and transactions of the Authority shall be limited in the following respects: A. The Authority shall have no power of eminent domain nor any power to levy taxes or special assessments. -3- P120358 DG'20358 0J1 12/04/08 B. Except as otherwise agreed to by a Member City, the Authority may not incur or create any liability that permits recourse by any contracting party or member of the public to any assets, services, resources, or credit of a Member City. C. No funds, assets, or property of the Authority shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, nor shall any funds or a substantial part of the activities of the Authority be used for publicity or educational purposes designed to support or defeat legislation pending before the Congress of the United States, or the legislature of the state or the Council of the Member Cities; provided, however, that funds may be used for representatives of the Authority to communicate with members of Congress, state legislators or city council members concerning funding and other matters directly affecting the Authority, so long as such activities do not constitute a substantial part of the Authority's and unless such activities are specifically limited in its charter. D. All funds, assets, or credit of the Authority shall be applied toward or expended upon services, projects, and activities authorized by its charter. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable as such to, the board members or other private persons, except that the Authority is authorized and empowered to: (i) Reimburse Board Members, employees and others performing services for the Authority reasonable expenses actually incurred in perfoinnng their duties, and compensate employees and others perfolnnng services for the Authority a reasonable amount for services rendered; (ii) Assist board members or employees as members of a general class of persons to be assisted by a corporate approved project or activity to the same extent as other members of the class as long as no special privileges or treatment accrues to such board members or employees by reason of his or her status or position in the Authority; (iii) Defend and indemnify any current or folnier board member or employee and their successors against all costs, expenses, judgements, and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or may be made a party by reason of being or having been a board member or employee, or by reason of any action alleged to have been taken or omitted by him or her in such position, provided that he or she was acting in good faith on behalf of the Authority and within the scope of duties imposed or authorized by law. This power of indemnification shall not be exclusive of other rights to which board members or employees may be entitled as a matter of law; (iv) Purchase insurance to protect and hold personally haiiiiless any of its board members, employees and agents from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, in good faith, of duties for, or employment with, the Authority and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgements from such actions, claims, or proceedings. The purchase of such insurance and its policy limits shall be discretionary with the board, and such insurance shall not be considered to be -4- P DG'20358 0J1 12 compensation to the insured individuals. The powers conferred by this subsection shall not be exclusive of any other powers conferred by law to purchase liability insurance; and (v) Sell assets for a consideration greater than their reasonable market value or acquisition costs, charge more for services than the expense of providing them, or otherwise secure an increment in a transaction, or carry out any other transaction or activity, as long as such gain is not the object or purpose of the Authority's transactions or activities and is applied to or expended upon services, projects, and activities as aforesaid. E. The Authority shall not issue shares of stock, pay dividends, make private distribution of assets, make loans to its board members or employees or otherwise engage in business for private gain. Section 4. Charter. The charter of the Authority (the "Charter is hereby approved in the form set forth at Exhibit A. The Charter shall be issued in duplicate originals, each signed by the City Mayor and bearing the City seal attested by the City Clerk. One original shall be filed with the Clerk of the Council and filed as a public record. A duplicate original shall be provided to the Authority. Amendments to the Charter may be initiated by the Board Members or by the Renton City Council. All amendments to the Charter initiated by the Renton City Council shall be presented to the Board for consideration and approval and shall not become effective unless approved by a majority vote of the Board. All amendments to the Charter, regardless of how initiated, shall become effective only following approval by ordinance approved by the Renton City Council and the Councils of at least three other Member Cities. After adoption of a Charter amendment, the revised Charter shall be issued and filed in the same manner as the original Charter. Section 5. Effect of Issuance of Charter. The Authority shall commence its existence effective upon fulfillment of the following: (a) Each of the Councils of the Member Cities has approved the creation of the Authority by the City; (b) This ordinance has become effective; and (c) The charter shall have been executed, and the Charter and bylaws of the Authority (the "Bylaws shall be on file with the City Clerk. Except as against the state or the City in a proceeding to cancel or revoke the Charter, delivery of a duplicate original Charter shall conclusively establish that the Authority has been established in compliance with the procedures of this ordinance. Section 6. Board of Directors; Officers. The SCORE Administrative Board established pursuant to Section 4 of the Interlocal Agreement shall act ex officio as the board of -5- P 120358 DG'20358 0Ji 12104;08 the Authority (the "Board All corporate powers of the Authority shall be exercised by or under the authority of the Board; and the business, property and affairs of the authority shall be managed under the supervision of the Board, except as may be otherwise provided by law or in the Charter. The Board shall have officers as provided in the Charter. Section 7. Meeting. Within ninety (90) days after issuance of the Charter, the City Mayor shall call an organizational meeting of the initial Board, giving at least ten (10) days' advance written notice to each, unless waived in writing. At such meeting, the Board shall organize itself, appoint officers, and select its place of business. All Board meetings, including executive, all other permanent and ad hoc committee meetings, shall be open to the public to the extent required by chapter 42.30 RCW. Section 8. Bylaws. The Bylaws of the Authority are hereby approved in the foiiii set forth at Exhibit B. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be vested in the Board except as otherwise provided in the Charter. The Bylaws shall be consistent with the Charter. In the event of a conflict between the Bylaws and this ordinance or the Charter, this ordinance or the Charter, as the case may be, shall control. Section 9. Funds of the Authority. All money belonging to or collected for the use of the Authority coming into the hands of any officer thereof shall immediately be deposited with a legal depository to the credit of the Authonty for the benefit of the funds to which they belong. The use of funds of the Authority for any purpose not authorized by law by any officer having possession or control thereof is prohibited. Section 10. Bonds and Notes. Bonds issued by the Authority may be secured by the full faith and credit of the Authority or may be made payable solely out of certain revenues and receipts as may be designated in the proceedings under which the issuance of the bonds or notes are authorized. All Bonds issued shall carry in a prominent place thereon the statement set forth in Section 1(D) of this ordinance. All Bonds or liabilities occumng thereunder shall be satisfied exclusively from the assets or credit of the Authonty, and no creditor or other person shall have any recourse to the assets, credit, or services of the City thereby, unless the City shall expressly, in writing, guarantee such debt. Bonds of the Authority may be sold at such price or prices, at public or private sale, in such manner and from time to time as may be detenuined by the Authority. The Authority may issue Bonds from time to time that are secured by the full faith and credit of the Member Cities in the aggregate principal amount of not to exceed (not including any bonds or notes to be refunded with proceeds of such Bonds) for the purposes set forth in the Interlocal Agreement. Bonds issued in excess of such amount shall require additional council approval by each Member City. Bonds may be payable at such place or places whether within or without the State, may bear interest at such rate or rates, may be in such form and denominations and of such tenor and matunties, may be in bearer foiuu or in registered form as to principal and interest or as to principal alone, reserve such rights to redeem at such pnce or pnces and after such notice or notices and on such terms and conditions, all as the Authority may determine and provide in the proceedings under which such Bonds shall be issued. 6 P 0220358 0J1 12/04/08 The Authority may at the time of the issuance of such Bonds make such covenants with the purchasers and holders of said Bonds as it may deem necessary to secure and guarantee the payment of the principal thereof and the interest thereon, including but not limited to: covenants to set aside adequate reserves to guarantee payment of principal and interest, to appoint a trustee or trustees to safeguard the expenditure of the proceeds of sale of such Bonds and to rake possession and use or operate and manage corporate assets securing the Bonds in event of default or insolvency or the Authority, with such powers as maybe contained in any covenants relating to the Bonds; and to limit the amount, time, and conditions under which additional Bonds may be issued or debts incurred. The Authority may pay expenses, premiums and commissions which it may deem necessary in connection with the issuance and sale of its Bonds and take such other actions or make such commitments as are necessary or convenient in the issuance and servicing of such Bonds and as are consistent with this ordinance although not enumerated herein. Section 11. Discrimination Prohibited. Membership to the Board shall not be directly or indirectly based upon or limited by age, race, color, religion, sex, national origin, or the presence of any physical handicap. Furthermore, the Authority shall not discriminate in any matter related to employment because of age, race, color, sex, national original, or the presence of any physical handicap. The Authority shall, in all solicitation or advertisements for employees placed by or on behalf of the Authority, if any, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, national ongin, or the presence of any physical handicap. Section 12. Dissolution. A. If five of the Councils of the Member Cities, each by ordinance, make an affirmative finding that dissolution is warranted for any reason, the existence of the Authority shall be terminated by ordinance of the Renton City Council. Dissolution shall be accomplished as provided in the Charter, and shall not take effect until proper provision has been made for disposition of all Authority assets, if any. B. Upon enactment of an ordinance by the Renton City Council for dissolution of the Authority, the Authority shall file a dissolution statement signed by its president setting forth: (i) The name and principal office of the Authority; (ii) The debts, obligations and liabilities of the Authority, and the property and assets available to satisfy the same; the provisions to be made for satisfaction of outstanding liabilities and performance of executory contracts; and the estimated time for completion of its dissolution; (iii) Any pending litigation or contingent liabilities; (iv) The Board resolution providing for such dissolution and the date(s) and proceedings leading toward its adoption, whenever the dissolution be voluntary; and -7- P '20358 DG'20358 0J1 12/04/08 (v) A list of persons to be notified upon completion of the dissolution. The City Mayor shall review the dissolution statement filed and oversee the dissolution to protect the public interest and prevent impaiinient of obligation, or if so authorized by law, authorize or initiate proceedings in the Supenor Court for the appointment and supervision of a receiver for such purposes. Upon satisfactory completion of dissolution proceedings, the City shall indicate such dissolution by inscription of "charter cancelled" on the original Charter of the Authority, on file with the Clerk of the Council and, when available, on the duplicate original of the Authority, and the existence of the Authority shall cease. The City shall give notice thereof pursuant to Washington State law and to other persons requested by the Authority in its dissolution statement. C. Upon dissolution of the Authority or the winding up of its affairs, title to all remaining assets or property of the Authority shall vest in SCORE as provided in the Charter. D. Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued by the Authority are no longer outstanding. [question for the working group would you like to add a provision that automatically dissolves the Authority once the debt is paid off?] Section 13. Public Corporation. The Authority is a public corporation created pursuant to RCW 35.21.730 through 35.21.755 as a separate legal entity from the City. Section 14. Ancillary Authority. The administrative staff of the City are granted all such power and authority as reasonably necessary or convenient to enable each of them to administer this ordinance efficiently and to perform the duties imposed in this ordinance or the Charter. Section 15. Liberal Construction. This ordinance shall be liberally construed so as to effectuate its purposes and the purposes of RCW 35.21.730 through 35.21.755. Section 16. Effective Date. This ordinance shall take effect and be in force from and after passage and publication as provided by law. -8- P DG120358 0J1 12/04/G8 PASSED by Council this day of 2008. By Council President APPROVED by the Mayor this day of 2008. By City Mayor [SEAL] ATTEST: City Finance Director Approved as to form only: City Attorney Date of Publication of Notice of Public Hearing: Effective Date of Ordinance: -9- P DG'20358 0J1 12104;08 Exhibit C CHARTER OF SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY TABLE OF CONTENTS Paue ARTICLE I NAME AND AUTHORITY SEAL 1 ARTICLE H AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY 1 Section 1. Authority 1 Section 2. Limitation on Liability 1 Section 3. Mandatory Disclaimer 2 ARTICLE III DURATION OF AUTHORITY 3 ARTICLE IV PURPOSE OF AUTHORITY 3 ARTICLE V POWERS OF AUTHORITY 3 ARTICLE VI LIMITS ON AUTHORITY POWERS 4 ARTICLE VII ORGANIZATION OF AUTHORITY 5 Section 1. Board of Directors and Tenure 5 Section 2. Board Concurrence and Quorum Defined 6 Section 3. Right to Indemnification 6 Section 4. Conflict of Interest and Code of Ethics 6 ARTICLE VHI OFFICERS OF AUTHORITY 6 Section 1. Officers and Division of Duties 6 Section 2. Committees 7 ARTICLE IX COMMENCEMENT OF AUTHORITY 7 ARTICLE X BYLAWS 7 ARTICLE XI MEETINGS OF THE AUTHORITY 7 Section 1. Time and Place of Meetings 7 Section 2. Notice of Meetings 7 Section 3. Notice of Special Board Meetings 8 Section 4. Waiver of Notice 8 Section 5. Notice to City Council 8 Section 6. Open Public Meetings 8 Section 7. Telephonic Participation 9 Section 8. Parliamentary Authority 9 Section 9. Minutes 9 ARTICLE XH CONSTITUENCY 9 ARTICLE XIII AMENDMENTS TO CHARTER AND BYLAWS 9 Section 1. Proposals to Amend Charter and Bylaws 9 Section 2. Proposals Initiated by the Board 9 Section 3. Board Consideration of Proposed Amendments 10 Section 4. Vote Required for Amendments to Charter or Bylaws 10 Charter i P•\20358_DGl20358_01Y 11/12/08 Section 5. City Council Approval of Proposed Charter Amendments 10 ARTICLE XIV MISCELLANEOUS 10 Section 1. Geographic Limitation 10 Section 2. Safeguarding of Funds 11 Section 3. Public Records 11 Section 4. Reports and Infoi_mation; Audits 11 Section 5. Dissolution 11 Section 6. Nondiscrimination 12 Section 7. Nonexclusive Charter 12 ARTICLE XV APPROVAL OF CHARTER 12 Charter ii P:\20358 DG\20358 0IY 11/12108 CHARTER OF SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY ARTICLE I NAME AND AUTHORITY SEAL The name of this corporation shall be the "South Correctional Entity Facility Public Development Authority" (hereinafter referred to as the "Authority The corporate seal of the Authority shall be a circle with the name of the Authority and the word "SEAL" inscribed therein. ARTICLE II AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY Section 1. Authority. The Authority is a public corporation organized pursuant to Revised Code of Washington "RCW 35.21.730 through 35.21.755, as the same now exist or may hereafter be amended, or any successor act or acts (the "Act and Ordinance No. of the City of Renton, Washington, passed on 2008 (the "Ordinance Formation of the Authority was approved by Ordinance No. of the City of Auburn, passed on 2008, Ordinance No. of the City of Des Moines, passed on 2008, Ordinance No. of the City of Federal Way, passed on 2008, Ordinance No. of the City of Tukwila, passed on 2008, Ordinance No. of the City of Burien, passed on 2008, and Ordinance No. of the City of SeaTac, passed on 2008. Section 2. Limitation on Liability. All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or liabilities of the Authority which are not limited recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the Authority which, by their terms, are limited recourse obligations, from such assets, properties or revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being the source of payment of such limited recourse obligations or liabilities, and no creditor or other person shall have any right of action against or recourse to the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (collectively, the "Member Cities its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the Authority. Section 3. Mandatory Disclaimer. The following disclaimer shall be posted in a prominent place where the public may readily see it in the Authority's principal and other offices. It shall also be printed or stamped on all contracts, bonds, and other documents that may entail any debt or liability by the Authority. The South Correctional Entity Facility Public Development Authority is organized pursuant to Ordinance No. of the City of Renton, Washington adopted on 2008, and approved by Ordinance No. of the City of Auburn, Washington adopted on 2008, Ordinance No. of the City of Des Moines, Washington adopted on 2008, Ordinance No. of the City of Federal Way, Washington adopted on 2008, Ordinance No. of the City of Tukwila, Washington adopted on 2008, Ordinance No. of the City of Burien, Washington adopted on 2008, and Ordinance No. of the City of SeaTac, Washington adopted on 2008, each as existing or as hereinafter amended, and RCW 35.21.730 through 35.21.755. RCW 35.21.750 provides as follows: "[A]11 liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations or liabilities of such public corporation, commission, or authority." In no event shall the obligations of the Authority be payable by recourse against any properties, assets or revenues of the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or SeaTac, Washington or any other political subdivision of the State of Washington. No person to whom such obligations are owed shall have any recourse or right of action against the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien, or SeaTac, Washington, the State of Washington or any other political subdivision thereof on account of such obligations, except to enforce the payments obligated to be made by ordinance by each of the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or SeaTac, Washington. Any of the Member Cities may, by ordinance or contract or pursuant to interlocal agreement, agree to pay (on a contingent basis or otherwise), all or any portion of the obligations of the Authority; however, (1) no Member City shall be obligated beyond the proportion or sum specified by ordinance or contract, and (2) no Member City shall be obligated, directly or indirectly for the obligations of any other Member City. Charter 2 P:120358 DG120358 01Y 11/12/08 ARTICLE III DURATION OF AUTHORITY The duration of this corporation shall be perpetual. ARTICLE IV PURPOSE OF AUTHORITY Pursuant to chapter 39.34 RCW, the Member Cities have entered into the SCORE Interlocal Agreement (the Interlocal Agreement for the formation of a governmental administrative agency known as the South Correctional Entity "SCORE SCORE is responsible for the establishment and maintenance of a consolidated correctional facility (the "SCORE Facility to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE to provide correctional services essential to the preservation of the public health, safety and welfare. The purpose of the Authority is to provide an independent legal entity under RCW 35.21.730 -.755 and the Ordinance to issue debt to fmance and refmance the acquisition, construction, equipping and improvement of the SCORE Facility. Such debt may be issued in one or more series, may be in the form of bonds, notes or other evidences of indebtedness to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality as deemed necessary by the Board. Such bonds, notes, and other evidences of indebtedness are collectively referred to herein as the "Bonds." Bonds may be issued from time to time by the Authority upon a supermajority vote of the Board. A "supermajority vote of the Board," as used m this Article, may be obtained at any regular or special Board meeting by an affirmative vote of a majority plus one of the Board members, two of which shall have the highest and the second highest average daily population at the SCORE Facility calculated at the time of the vote. For the purpose of securing the exemption from Federal income taxation for interest on obligations of the Authority, the Authority constitutes an authority and instrumentality of the City of Renton, Washington (within the meaning of those terms in regulations of the United States Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103 and Section 115 of the Internal Revenue Code of 1986, as amended). ARTICLE V POWERS OF AUTHORITY The Authority shall have and may exercise all lawful powers conferred by State laws, the Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions shall be subject to the powers, procedures, and limitations contained in the Ordinance. Charter 3 P 120358 DG120358 01Y 11112/08 ARTICLE VI LIMITS ON AUTHORITY POWERS The Authority in all activities and transactions shall be limited in the following respects: 1. The Authority shall have no power of eminent domain or any power to levy taxes or special assessments. 2. Except as otherwise agreed to by a Member City, the Authority may not incur or create any liability that permits recourse by any contracting party or member of the public to any assets, services, resources, or credit of a Member City. 3. No funds, assets, or property of the Authority shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall any funds or a substantial part of the activities of the Authority be used for publicity or educational purposes designed to support or defeat legislation pending before the Congress of the United States, or the legislature of the State or the Council of a Member City; provided, however, that funds may be used for representatives of the Authority to communicate with members of Congress, State legislators or members of the Councils of the Member Cities concerning funding and other matters directly affecting the Authority, so long as such activities do not constitute a substantial part of the Authority's activities. 4. All funds, assets, or credit of the Authority shall be applied toward or expended upon services, projects, and activities authorized by this Charter. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable as such to, Board Members, officers or other private persons, except that the Authority is authorized and empowered to: (A) Reimburse Board Members, employees and others performing services for the Authority reasonable expenses actually incurred in performing their duties, and compensate employees and others performing services for the Authority a reasonable amount for services rendered; (B) Assist Authority Board Members or employees as members of a general class of persons to be assisted by a corporate approved project or activity to the same extent as other members of the class as long as no special privileges or treatment accrues to such Board Member or employee by reason of his or her status or position in the Authority; (C) Defend and indemnify any current or former Board Member or employee and their successors against all costs, expenses, judgments, and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or may be made a party by reason of being or having been a Board Member or employee or by reason of any action alleged to have been taken or omitted by him or her in such position, provided that he or she was acting in good faith on behalf of the Authority and Charter 4 P.120358 DG120358 01Y 11/12108 within the scope of duties imposed or authorized by law. This power of indemnification shall not be exclusive of other rights to which Board Members or employees may be entitled as a matter of law; (D) Purchase insurance to protect and hold personally harmless any current or former Board Member or employee and their successors from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, in good faith, of duties for, or employment with, the Authority and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings. The purchase of such insurance and its policy limits shall be discretionary with the Board Members, and such insurance shall not be considered to be compensation to the insured individuals. The powers conferred by this subsection shall not be exclusive of any other powers conferred by law to purchase liability insurance; and (E) Sell assets for a consideration greater than their reasonable market value or acquisition costs, charge more for services than the expense of providing them, or otherwise secure an increment in a transaction, or carry out any other transaction or activity, as long as such gain is not the object or purpose of the Authority's transactions or activities and is applied to or expended upon services, projects, and activities as aforesaid. 5. The Authority shall not issue shares of stock, pay dividends, make pnvate distribution of assets, make loans to its Board Members or employees or otherwise engage in business for private gain. ARTICLE VII ORGANIZATION OF AUTHORITY Section 1. Board of Directors and Tenure The management of all Authority affairs shall reside in a Board of Directors. The SCORE Administrative Board created pursuant to Section 4 of the Interlocal Agreement, including all amendments, shall act ex officio as the Board of the Authority. Board Members shall have terms coextensive with their terms as members of the SCORE Administrative Board. Charter 5 P:120358_DG120358_0IY 11/12/08 Section 2. Board Concurrence and Quorum Defined. `Board concurrence" may be obtained at any regular or special Board meeting by an affirmative vote of a majority of the Board Members voting on the issue, provided that such majority equals not less than four (4) votes. Four (4) voting Board Members must be present at any regular or special meeting of the Board to comprise a quorum, and for the Board to transact any business. Proxy voting shall not be allowed. The Bylaws of the Authority may prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this Section. Board Members present at a duly convened meeting may continue to transact business notwithstanding the departure of enough members to leave less than a quorum. Section 3. Right to Indemnification. To the extent permitted by law, the Authority may protect, defend, hold harmless and indemnify any person who becomes a director, officer, employee or agent of the Authority, and who is a party or threatened to be made a party to a proceeding by reason related to that person's conduct as a director, officer, employee or agent of the Authority, against judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her in connection with such proceeding, if such person acted in good faith and reasonably believed his or her conduct to be in the Authority's best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The indemnification and protection provided herein shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract or by vote of the Board of Directors. The Authority may purchase and maintain appropriate insurance for any person to the extent provided by the applicable law. Section 4. Conflict of Interest and Code of Ethics. The Authority shall, in the Bylaws, adopt a code of ethics policy for Board Members. All Board Members will be required to disclose any information concerning actions or activities of the candidate or his/her immediate family that present a potential conflict of interest as a Board Member. ARTICLE VIII OFFICERS OF AUTHORITY Section 1. Officers and Division of Duties. The Authority shall have at least one officer, the President, selected as provided in the Bylaws. Subject to the control of the Board, the President shall have general supervision, direction and control of the business and affairs of the Authority. The President shall be the agent of the Authority for service of process. On matters decided by the Authority, unless otherwise required under the Ordinance or by this Charter, the signature of the President alone is sufficient to bind the corporation. Charter 6 P:120358_DG120358_01Y 11/12/08 The Bylaws may designate additional corporate officials as agents to receive or initiate process. The Board also may provide for additional officers, e.g., Vice President, Secretary, and/or Treasurer. The President and the Treasurer may not be the same person. The day to day affairs of the Authority, including debt administration, shall be managed by the Facilities Director of the SCORE Facility, in the manner provided in the Interlocal Agreement. Section 2. Committees. The Bylaws may provide for an Executive Committee, which shall be appointed and/or removed by the Board, and shall have and exercise such authority of the Board in the management between meetings of the Board, as may be specified in the Bylaws. The appointment of other committees shall be provided for in the Bylaws. ARTICLE IX COMMENCEMENT OF AUTHORITY The Authority shall commence its existence effective upon the issuance of its Charter as sealed and attested by the City Clerk of the City of Renton as provided in the Ordinance. ARTICLE X BYLAWS The initial Bylaws may be amended by the Board to provide additional or different rules governing the Authority and its activities as are not inconsistent with this Charter. The Board may provide in the Bylaws for all matters related to the governance of the Authority, including but not limited to matters referred to elsewhere in the Charter for inclusion therein. ARTICLE XI MEETINGS OF THE AUTHORITY Section 1. Time and Place of Meetings. Regular meetings of the Board shall be held at least two times per year at a regular time and place to be determined by the Board by resolution. At the last regular meeting of the calendar year, the Board shall adopt a resolution specifying the date, time and place of regular meetings for the upcoming calendar year. A copy of the resolution shall be distributed in the same manner as notice of special meetings is provided pursuant to Section 3 below. Special meetings of the Board may be held at any place at any time whenever called by the President or a majority of the Board Members. Section 2. Notice of Meetings. Charter 7 P 120358_DG120358_01Y 11/12/08 No notice of regular meetings shall be required, except for the first regular meeting after any change in the time or place of such meeting adopted by resolution of the Board as provided above. Notice of such changed regular meeting shall be given by the President or by the person or persons calling the meeting by email or by personal communication over the telephone to each Board Member least 24 hours prior to the time of the meeting or by at least three (3) days' notice by mail, telegram, electronic or written communication. If mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address of each Board Member. Section 3. Notice of Special Board Meetings. Notice of all special meetings of the Board of Directors shall be given by the President or by the person or persons calling the special meeting in accordance with RCW 42.30.080 by delivering personally, by electronic means or by mail written notice at least 24 hours prior to the time of the meeting to each Board Member, to each local newspaper of general circulation and to each radio or television station that has requested notice and to any other individual specifically requesting it in writing. The call and notice of all special meetings shall specify the time and place of all special meetings and the business to be transacted. Final disposition shall not be taken by the Board on any other matters at such special meetings. At any regular meeting of the Board, any business may be transacted and the Board may exercise all of its powers. Section 4. Waiver of Notice. Notice as provided in Sections 2 and 3 hereof may be dispensed with as to any member of the Board who at or prior to the time the meeting convenes files with the Board of the Authority a written waiver of notice or who is actually present at the meeting at the time it convenes. Such notice may also be dispensed with as to special meetings called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, where time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. Notice, as provided in Article XIII of this Charter concerning proposed amendments to this Charter or Bylaws and votes on such amendments, may not be waived. Section 5. Notice to City Council. Notice of all meetings and minutes of all meetings of the Board shall be given to the City Council of the Member Cities by giving notice to the City Clerk of each of the foregoing Member Cities. Section 6. Open Public Meetings. All Board meetings, including executive, all other permanent and ad hoc committee meetings, shall be open to the public to the extent required by chapter 42.30 RCW. The Board and committees may hold executive sessions to consider matters enumerated in chapter 42.30 RCW or privileged matters recognized by law, and shall enter the cause therefor in its official journal. Notice of meetings shall be given in a manner consistent with the Ordinance and chapter 42.30 RCW. In addition, the Authority shall provide reasonable notice of meetings to Charter 8 PA20358 DG120358 01Y 11/12/08 any individual specifically requesting it in writing. At such meetings, any person shall have a reasonable opportunity to address the Board either orally or by written petition. Section 7. Telephonic Participation Board Members may participate in a regular or special meeting through the use of any means of communication by which all Board Members and members of the public participating in such meeting can hear each other during the meeting: Any Board Member participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Section 8. Parliamentary Authority. The rules in Robert's Rules of Order (newly revised) shall govern the Authority in all cases to which they are applicable, where they are not inconsistent with this Charter or with the special rules of order of the Authority set forth in the Bylaws. Section 9. Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them. The minutes of all Board meetings shall include a record of individual votes on all matters requiring Board approval. ARTICLE 7III CONSTITUENCY There shall be 110 constituency of the Authority. ARTICLE XIII AMENDMENTS TO CHARTER AND BYLAWS Section 1. Proposals to Amend Charter and Bylaws. Proposals to amend this Charter may be initiated by the Renton City Council or by the Board Members. Proposals to amend the Bylaws may be initiated by the Board Members. Proposals to amend the Charter initiated by the Renton City Council shall be presented to the Board in a format as provided in Section 2(1), in accordance with the terms of the Ordinance. Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner described in the following Sections 2 and 3. Section 2. Proposals Initiated by the Board. Charter 9 P:120358 0G120358 0IY 11/12/08 1. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes over material to be deleted and underlines new material. 2. Any Board Member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of which 30 days advance written notice has been given to members of the Board. Any notice required by this Article may be given by telegram, electronic or written communication. If mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address of each Board Member. Section 3. Board Consideration of Proposed Amendments. If written notice of a proposed amendment to the Charter or to the Bylaws, and information, including the text of the proposed amendment and a statement of its purpose and effect, is provided to Board Members at least 30 days prior to any regular Board meeting or any special meeting of which advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. Germane amendments to the proposed amendment within the scope of the original amendment will be permitted at the meeting at which the vote is taken. Section 4. Vote Required for Amendments to Charter or Bylaws. Resolutions of the Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than four (4) votes. Amendments to this Charter shall be effective as provided in Section 5 of this Article. Amendments to the Bylaws shall be effective upon adoption by the Board. Section 5. City Council Approval of Proposed Charter Amendments. Proposed Charter amendments initiated and approved by the Board shall be submitted to the each of the Councils of the Member Cities; provided, however, that no amendment to the Charter shall be effective until approved by the Renton City Council and the Councils of four (4) of the other Member Cities. ARTICLE XIV MISCELLANEOUS Section 1. Geographic Limitation. The Authority may conduct activities outside of the boundaries of the City of Renton, Washington, including but not limited to acquiring, equipping, constructing, improving and maintaining the SCORE Facility located in the City of Des Moines, Washington, upon Charter 10 P \20358_DG120358_01Y 11/12/08 determination by the Renton City Council that each such activity will further the purposes of the Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740. Section 2. Safeguarding of Funds. Authority funds shall be deposited in a qualified public depository as determined by the Washington Public Deposit Protection Commission. Section 3. Public Records. The Authority shall maintain all of its records in a manner consistent with the Preservation and Destruction of Public Records Act, chapter 40.14 RCW. The public shall have access to records and information of the Authority to the extent as may be required by applicable laws. Section 4. Reports and Information; Audits. Within three (3) months after the end of the Authority's fiscal year, the Authority shall file an annual report with the Finance Director and Council of each Member City containing an audited statement of assets and liabilities, income and expenditures and changes in the Authority's fmancial position during the previous year; a summary of significant accomplishments; a list of depositories used; a projected operating budget for the current fiscal year; a summary of projects and activities to be undertaken during the current year; a list of a list of officers of the Board; and a list of individuals, if any, that are bonded pursuant. The Authority shall, at any time during normal business hours and as often as each City Finance Director or the State Auditor deem necessary, make available to each City Finance Director and the State Auditor for examination all of the Authority's financial records, and shall permit the each City Finance Director and State Auditor to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all the aforesaid matters. Section 5. Dissolution. Dissolution of the Authority shall be in the form and manner required by this Charter, Washington State law, the Ordinance, and the Bylaws. Dissolution proceedings may be initiated by the Council of any of the Member Cities or, if the Board makes an affirmative finding that dissolution is necessary or appropriate, the Board may adopt a resolution requesting Councils of the Member Cities to adopt an ordinance dissolving the Authority. In either case, if five (5) of the Councils of the Member Cities, each by ordinance, make an affirmative finding that dissolution is warranted for any reason, then the existence of the Authority shall be terminated by ordinance of the Renton City Council. Upon dissolution of the Authority and the winding up of its affairs, the Board shall file a dissolution statement as provided in the Ordinance. Title to all remaining property or assets of Charter 11 P'120358 DG120358 0IY 11/12/08 the Authority shall vest in SCORE or if there is no SCORE in existence at the time, then all property and assets shall be distributed to the Member Cities in an allocable amount calculated as provided in the Interlocal Agreement. Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued by the Authority are no longer outstanding. [question for the working group would you like to add a provision that automatically dissolves the Authority once the debt is paid off?] Section 6. Nondiscrimination. Membership to the Board shall not be directly or indirectly based upon or limited by age, race, color, religion, sex, national origin, or the presence of any physical handicap. Furthermore, the Authority shall not discriminate in any matter related to employment because of age, race, color, sex, national original, or the presence of any physical handicap. The Authority shall, in all solicitation or advertisements for employees placed by or on behalf of the Authority, if any, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, national origin, or the presence of any physical handicap. Section 7. Nonexclusive Charter. This Charter is nonexclusive and does not preclude the granting by Member Cities of other charters to establish additional public corporations pursuant to City ordinance. ARTICLE XV APPROVAL OF CHARTER ORIGINAL CHARTER APPROVED by Ordinance adopted by the City Council of the City of Renton, Washington on 2008; Ordinance adopted by the City Council of the City of Federal Way, Washington on 2008; Ordinance adopted by the City Council of the City of Auburn, Washington on 2008; Ordinance adopted by the City Council of the City of Des Moines, Washington on 2008; Ordinance adopted by the City Council of the City of Tukwila, Washington on 2008; Ordinance adopted by the City Council of the City of Burien, Washington on 2008; and Ordinance adopted by the City Council of the City of SeaTac, Washington on 2008. This Charter is APPROVED this day of 2008. Mayor, City of Renton [SEAL] Charter 12 P 120358_DG120358_01Y 11/12/08 ATTEST: City Clerk Charter 13 P :120358 OG120358 OIY 11/12/08 EXHIBIT D BYLAWS OF SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY ARTICLE I MEMBERSHIP Section 1.1 Board Tenure. For the purpose of determining members of the South Correctional Entity Facility Public Development Authority (the "Authority Board of Directors (the "Board the procedures set forth in the Authority Charter (the "Charter and the SCORE Interlocal Agreement (the "Interlocal Agreement by and among the Cities of Renton, Auburn, Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington (the "Member Cities shall govern. ARTICLE II OFFICERS AND COMMITTEES Section 2.1 Officers Designated. The Presiding Officer of the Administrative Board selected in the manner provided in Section 4(e) of the Interlocal Agreement shall be the President of the Board. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board. No person may simultaneously hold more than one office. In addition to the powers and duties specified below, the officers shall have such powers and perform such duties as the Board may prescribe. Section 2.2 Oualification and Term of Office. The additional officers shall be members of the Board or any other person designated by the Board who is at the time an official or employee of at least one of the Member Cities or the SCORE Facility. The additional officers shall be elected or appointed by the Board and shall hold office for terms established as a part of the original appointment or for terms established in accordance with the Interlocal Agreement. Section 2.3 Removal From Office. Upon reasonable prior notice to all Board Members of the alleged reasons for dismissal, the Board by an affirmative vote of the majority of the Board Members may remove any officer of the Board from his or her office whenever in its judgment the best interests of the Authority will be served thereby. Section 2.4 Vacancies. The Board shall fill any office which becomes vacant with a successor who shall hold office for the unexpired term and until his or her successor shall have been duly appointed and qualified. Section 2.5 Reimbursement. The Board may reimburse Board Members, employees and others performing services for the Authority reasonable expenses actually incurred in performing their duties. Section 2.6 Establishment of Committees. The Board may, by resolution, designate one or more other committees, including an Executive Committee, each consisting of one or more members, to advise the Board or, on matters other than those described in the Charter to act for and on behalf of the Board. The designation of any such committee and the delegation thereto of authority shall not operate to relieve any Board Member of any responsibility imposed by law. The Executive Committee, if any, shall have and exercise such powers of the Board as the Board shall from time to time provide by resolution. Section 2.7 Code of Ethics. (a) Except as otherwise provided in this section, no Board Member or employee of the Authority may: (1) Participate in a decision of the Authority in which that person or a member of that person's immediate family has a financial interest, unless the financial interest is a remote fmancial interest and participation is approved under subsection (b) of this section; (2) Use his or her position to secure special privileges or exemptions for himself, herself, immediate family members, or others; (3) Directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the Authority for a matter connected with or related to such individual's services in his or her position unless otherwise provided for by law; (4) Accept employment or engage in business or professional activity that such individual might reasonably expect would require or induce him or her by reason of his or her position with the Authority to disclose confidential information acquired by reason of his or her position; or (5) Disclose confidential information gained by reason of such individual's position with the Authority, or otherwise use such information for his or her personal gain or benefit. (b) A Board Member or employee of the Authority may participate in a decision described in (a)(1) above if that person or a member of that person's immediate family has only a remote financial interest, the fact and extent of such financial interest is disclosed to the Board in a public meeting, and is noted in the minutes of the Board before any participation by the Board Member in the decision, and thereafter in a public meeting the Board by vote authorizes or approves the participation. If the person whose participation is under consideration is a Board -2- P:120358 DG120358 01Z 11/12108 Member, that person must recuse him or herself and may not participate in a decision under this subsection. Any Board Member with an ownership interest in property Located within the Authority area shall recuse him or herself from participating in a decision if such property is directly benefiting from such action. For purposes of this subsection, "remote financial interest" means: (1) That of a nonsalaried officer of a nonprofit corporation; (2) That of an employee or agent of a contracting party where the compensation of the employee or agent consists entirely of fixed wages or salary and the contract is awarded by bid or by other competitive process; (3) That of a landlord or tenant of a contracting party, except in cases where the property subject to the lease or sublease is owned or managed by the public corporation; (4) That of a holder of less than one percent of the shares of the corporation or cooperative that is the contracting party; or (5) That of an owner of a savings and loan or bank savings or share account or credit union deposit account if the interest represented by the account is less than two percent of the total deposits held by the institution. (c) A Board Member or employee of the Authority is not considered to be financially interested in a decision when the decision could not affect that person in a manner different from its effect on the public at large. (d) All Board Members shall disclose any information concerning actions or activities of the candidate or his/her immediate family that present a potential conflict of interest as a Board Member. (e) For purposes of this section, "participate in a decision" includes all discussions, deliberations, preliminary negotiations, and votes. (f) For purposes of this section, "immediate family" means: (1) A spouse or domestic partner; (2) Any dependent parent, parent -in -law, child, son -in -law, or daughter -in- law; and (3) Any parent, parent -in -law, child, son -in -law, daughter -in -law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of the Board Member or employee. -3- P120358 DG120358 0IZ 11112108 (g) The Board may adopt additional conflict of interest and ethical rules it considers appropriate. ARTICLE III ADMINISTRATIVE PROVISIONS Section 3.1 Books and Records. SCORE, on behalf of the Authority, shall keep current and complete books and records of account and shall keep minutes of the proceedings of its Board and its committees having any of the authority of the Board. The proceeds of any borrowing by the Authority shall be held, invested and disbursed by SCORE, subject to the terms and limitations established pursuant to the Interlocal Agreement. SCORE shall provide a regular accounting of the fmancial affairs of the Authority to the Board at each regular Board meeting. The obligations of the Authority shall be administered by SCORE, and SCORE is hereby designated and delegated with full authority to administer such obligations, all in a manner consistent with the Interlocal Agreement. Section 3.2 Indemnification. The Authority elects to defend and indemnify its present and former Board Members and employees and their successors, spouses, and marital communities to the full extent authorized by law and the Charter. This right of indemnification shall inure in perpetuity to each Board Member and employee, and his or her spouse and marital community, commencing as soon as he or she has the full powers and responsibilities of his or her position, and in the event of his or her death shall extend to his or her heirs, legal representatives, and estate. Each person who shall act as a Board Member or employee of the Authority shall be deemed to do so in reliance upon such indemnification, and such rights shall not be exclusive of any other right which he or she may have. Section 3.3 Principal Office. The principal office of the Authority shall be [1055 South Grady Way], Renton, Washington 98055. Section 3.4 Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and end December 31 of each year; except the first fiscal year which shall run from the date the Charter was issued to December 31, 2008. ARTICLE IV APPROVAL OF BYLAWS APPROVED by Ordinance adopted by the City Council of the City of Renton, Washington on 2008; Ordinance adopted by the City Council of the City of Federal Way on 2008; Ordinance adopted by the City Council of the City of Auburn on 2008; Ordinance adopted by the City Council of the City of Des Moines on 2008; Ordinance adopted by the City Council of the City of Tukwila on 2008; Ordinance adopted by the City Council of the City of Burien on 2008; and Ordinance adopted by the City Council of the City of SeaTac on 2008. -4- P:120358 DG120358 01Z 11112/08 Finance Safety Committee Minutes December2, 2008 Pape 2 o Park Capital Facilities Projects Committee supports the list as recommended by the Mayor and presented in Exhibit B, page 3, of a document entitled Mayor's Recommendation Impact Fees 12 -2 -08, which was distributed at tonight's Committee meeting (information attached to minutes). UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Determine the City contribution- developer impact fee split (90/10, 80/20, 70/30, etc) o Fire impact fee City contribution developer split. Mayor's recommendation for fire impact fees is a 90/10 split. This means that 90% of the project costs will be funded through the collection of impact fees and the remaining 10% will be funded through City contribution. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. o Park impact fee City contribution developer split. Mayor's recommendation for the park impact fees is a 80/20 split. This means 80% of the project costs will be funded through the collection of impact fees, and the remaining 20% will be funded through City contribution. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Committee members asked why Fire fees would be funded at a 90/10 split and Parks fees at an 80/20 split. Staff explained that many times the determination of impact fee contribution splits are very subjective. Fire is an essential service provided by the City, and calls for service will increase as development increases. The need for adequate basic safety and life service responses justify the higher developer contribution. The Parks fee split is lower as City staff feels confident that available grants and other such resources can assist in the City absorbing a larger contribution amount. O Determine impact fees calculations /contributions based on designated land use categories (i.e.: single family, multi family, office, retail and industrial): o This was new information presented to the Committee at the beginning of the meeting. Members reviewed the information and felt that it appeared as if the Mayor's recommended contribution splits based on land use designations were acceptable. However, since this is new information they prefer to take more time to review the material and recommend forwarding this item to the COW. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Several members of the public were in attendance at the meeting. Questions were raised regarding the park use ratios, specifically, data which stated that 70% of users are nonresidents. A comment was made that there is no data identifying what percentage of the nonresident users are employed within the City. Several guests also shared that they believe impact fees will drive development away from this location, stating that development decisions are based on prices, and the assessment per square foot of retail space is significant. Mark Segale communicated that in the impact fee audit conducted by the State for the City of Redmond detail audit work was conducted for fire fees, but not for park fees. He felt that City staff was purely making an assumption regarding park fees and wanted to clarify that no audit had been conducted on Redmond park impact fees. In closing, the Committee reviewed Capital Improvement Program (CIP) pages that are applicable to impact fee projects and requested several wording changes. B. South Correctional Entity (SCORE) Interlocal Agreement (Multi- Jurisdictional Misdemeanor .jail Facility) In relation to the South Correctional Entity facility and formation of a respective public development authority, staff is seeking full Council approval of an ordinance authorizing a SCORE interlocal agreement between all owner cities and formation of the SCORE Development Authority. Rhonda Berry provided an update of information regarding SCORE since the item was last heard at Committee and COW (see Finance and Safety minutes dated March 4, 2008, and COW minutes dated March 24, 2008). She distributed copies of the Powerpoint presentation that will be shown at the COW on December 8, 2008, in order to facilitate an informed discussion of the project. Finance Safety Committee Minutes December 2, 2008 Paoe 3 There are seven owner cities that will be participating in SCORE: Auburn Burien Des Moines Federal Way Renton SeaTac Tukwila Currently, each owner city is in the process of working with their respective councils to pass the legislation necessary to begin the processes required to form the public development authority and construct the 668 bed facility. Owner cities will adopt an ordinance and appropriate interlocal agreement for formation of the SCORE Development Authority. Due to their jail expertise, the City of Renton has taken the lead on this project and will be the last owner city to adopt the ordinance. They will be responsible for the actual formation of the public development authority. The project cost allocation for each city is based on projected uses, and owner cities will share in the v revenue form "rented" jail beds. Staff commented on the number of owner cities stating that there are enough owner cities to pay for the project, but not so many that governance of the authority would become cumbersome. Overall, participating cities are anticipating saving money on jail costs and receiving more efficient services; however, this does not minimize any city's continued desire to consider jail alternative programs (i.e. community work, day reporting, pretrial home monitoring). The total SCORE cost is estimated at $95.8 million, with the City of Tukwila's allocation totaling $7,680,000 (based on the 2007 average daily population). Although projections suggest the City will come out ahead, financially on this project, there is always a potential for costs to increase. However, the capital costs are controllable fixed costs and maintenance and operation (M &O) costs will be more predictable than today's costs which are currently controlled by other jurisdictions. The Committee reviewed the draft ordinance, interlcoal agreement, charter and by -laws and staff provided clarification on the ordinance and interlocal agreement when needed. Based on an inquiry, Finance Director Shawn Hunstock stated that the City of Tukwila will not be liable for other cities bonds in relation to SCORE and the construction of the facility. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. C. Sales Tax Report Shawn distributed the Sales Tax Report actual receipts received through September 2008. Actual sales tax revenue is slightly below budget (1.94 If this trend continues, year -end receipts are anticipated to fall short of the budget projection by $369,000. In relation to stream -lined sales tax, it appears as if we are still within range for the Department of Revenue to mitigate the City for potential losses. We are still not aware how much of this decrease in sales tax revenue is a result of economic conditions and how much is due to the implementation of streamlined sales tax. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 7:49 p.m. Next meeting: Monday, December 16 5:00 p.m. Conference Room #3 t�,.l Committee Chair Approval Minute KAM. Reviewed by RB and SH. CAS NUMBER: 08-160 SPONSOR SPONSOR'S SUN MARY REVIEWED BY EXPENDITURE REQUIRED $25,200.00 MTG. DATE 12/08/08 12/15/08 MTG. DATE 12/08/08 12/15/08 06- IOC Meetinj Date 12/08/08 12/15/08 COUNCIL AGENDA SYNOPSIS Fund Source: 104.02 Arterial Streets (pages 35, Proposed 2009 CIF) Comments: Initials Mayor's review 1 Council review ITEM INFORMATION 1 ORIGINAL AGENDA DATE: DECEMBER 8, 2008 AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat) LID Special Benefit Study Supplement No. 2 with Macaulay Associates CATEGORY Discussion Motion Resolution Ordinance Btd Award Public Heanng Other Mtg Date 12/08/08 Mtg Date 12/15/08 Mtg Date Mtg Date Mtg Date Mtg Dale Mtg Date: Council Mayor Adra Svcs DCD Finance Fire Legal P &R Police PIZ Macaulay Associates began the LID Special Benefit Study and Right -of -Way Acquisition services for the Tukwila Urban Center Access Project (Klickitat) in November, 2005. The study showed a definite benefit of the project, indicating that formation of an LID would be feasible. Supplement No. 1 extended the timeline and updated the market analysis through early 2008. Due to complications with right -of -way acquisition, Supplement No. 2 is needed to again update the market analysis as they are only valid for six months. With this Supplement of $25,200.00, the new contract total will be $142,100.00. El COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DA'I'B: 11/25/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Supplement No. 2 with Macaulay Associates. COMMiITI E Unanimous approval; forward to COW. COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $80,000.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Information Memo dated November 19, 2008 Supplement No. 2 with Exhibit Transportation Committee Meeting Minutes from November 25, 2008 Em No. 4, Transportation Cmte Planning Comm. INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: November 19, 2008 Subject: Tukwila Urban Center Access Proiect (Klickitatl Project No. 84 -RW19, Agreement No. 06 -070 Supplement #2 LID Special Benefit Study and Right -of -Way Acquisition Assistance ISSUE BACKGROUND ANALYSIS RECOMMENDATION Supplement to the contract with Macaulay Associates for the Klickitat LID Special Benefit Study to increase budget and time for completion. In July 2005, Lee Voorhees, an attorney with Foster Pepper Shefelman, spoke with staff on the basics of forming Local Improvement Districts (LID). LID's are complex funding mechanisms that are legally restricted from assessing more than the project would increase property values. Macaulay Associates was selected out of several appraisers in the fall of 2005 to conduct the feasibility study. The study showed a definite benefit of the project, indicating that foimation of an LID would be quite feasible. In June 2006, Macaulay Associates was further retained to develop a Summary of Formation, Special Benefit/Proportionate Assessment Study (Preliminary Assessment Roll) which is the document upon which the LID assessments are based. In 2007, Macaulay Associates entered into a supplemental agreement to update the market analysis done in 2006. That update was completed in early 2008. Due to circumstances beyond the control of City staff and Macaulay Associates, the development of the Preliminary Assessment Role has been delayed. Complications with design and right -of -way acquisition have created the need for this second supplemental agreement that will provide an updated appraisal for the LID. With this supplement of $25,200.00, the LID Special Benefit Study will not exceed a total of $142,100.00. Authorize the Mayor to sign Supplemental Agreement #2 with Macaulay Associates in the amount not to exceed $25,200.00 to provide supplemental services on the LID Special Benefits Study. Attachments: Supplemental Agreement Scope of Work p: \projects\a- rw rs projects \84nv19 klickitat_sctr plcwy_i5 access rev\information memo lid formation macauly supplement 1 1-19-08.doc SUPPLEMENTAL AGREEMENT NUMBER 2 TO CONSULTANT AGREEMENT NUMBER 06 -070 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Macaulay Associates, Ltd., hereinafter referred to as the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on or about June 23, 2006 and identified as Agreement No. 06 -070. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to include reimbursement for direct expenses for costs associated with updating the market data and property owner information associated with the preliminary assessment study for the Klickitat/Southcenter Access Improvement Project, identified on Exhibit "A" attached hereto. 2. Payment, shall be amended as follows: For work associated with the updating the preliminary assessment study, the payment shall be based on a time and materials basis not to exceed $25,200 3. Time for Performance, shall be amended as follows: DATED this The Consultant shall perform all services and provide all work product required pursuant to this Agreement by June 30, 2009, unless an extension of such time is granted in writing by the City. Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $25,200 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $142,100. CITY OF TUKWILA CONSULTANT V Jim Haggerton, Mayor day of 20 By: Printed Name: Title: 1 j i tv caulay Charles R. Macaulay, MAI Robert J. Macaulay, MAI Jinn E. Dodge Yvonne Ale :ander -Smith Teresa M. O'Leary Cyndy Knighton Senior Transportation engineer City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 -2544 Re: Time and fee proposal for updating the special benefit /proportionate assessment s_ tudyfor proposed KJickitat /Southcenter Access Improvement Project, Tukwila, WA. Dear Ms. Knighton: The scope of our services Will involve updating market data, market sales /rental data and the special benefit /proportionate assessment draft report. As part of the new assignment, market value estimates both without and with the LID project assumed completed for 268± parcels in the proposed LID boundary area wilI be updated. Additional scope of services may involve LID formation hearing preparation and meetings, which would be part of a separ..ate agreement. Based on our hourly rates our fee estimate is summarized below: Appraiser Robert J. Macaulay, MAI Yvonne Alexander -Smith Total Knightan.11118 Sincerely, MACAULAY ASSOCIATES, IL Robert J. Macaulay, MAI WA State Certified General Appraiser No, 1101517 ss o cia Les, Ltd. Real Estate Appraisers Consultants 2927 Colby Avenue, Suite 100 Everett, WA 98201 Everett 425 258 -2611 Seattle 206 -382 -9711 Fax 425- 252 -1210 November 18, 2008 Hours Hourly -Tt tit Rate Property inspections, analysis, meetings /consultation 80 5225 `?18,000 and report update preparation Market research, report editing and updating preparation Paul C. Bird Richard J. DeFrancesco Greg Muller Kelly R. Elao 80 590 57,200 $25,200 Based on our current work load, the updated report and analysis would be completed by February 20, 2009: If you have any questions or need additional information please call. Transoortation Committee Minutes November 25, 2008 Paae 2 B. Tukwila Urban Center Access Proiect (Klickitat) Supplemental Agreement #2 Staff is seeking full Council approval to enter into Supplemental Agreement #2 with Macaulay and Associates for additional services relative to Local Improvement District Special Benefits Study for the Tukwila Urban Center Access Project (Klickitat). This supplemental agreement will add $25,200 to the current contract, extending the original contract amount to a cost not to exceed $142,100. This agreement will update the appraisals of over 300 properties in the urban center, hopefully leading to the resolution of some right -of -way acquisition issues. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. C. Turnover of Street Improvements by Charter Homes, Inc./Riverton Lane Development Staff is seeking full Council authorization for the Mayor to sign acceptance forms for the turnover of street improvements, street lighting, and a storm drainage system located within South 130 Street and 38 Lane South, adjacent to 3827 South 130 Street. Now that 9 -lot short plat by Charter Homes, Inc./Riverton Lane Development is complete, the developer is transferring assets of the public facilities to the City. This infrastructure will be added to City inventory, and is valued at $63,246. The public facilities /infrastructure has been constructed to City standards and has been inspected by staff UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1 CONSENT AGENDA. D. Walk and Roll Plan Update The Committee continued to review portions of the Walk and Roll Plan. Staff distributed copies of some minor changes /updates to the document and discussed ongoing efforts to refine the Plan. Committee members were enthusiastic about and supportive of the Plan. However, the Committee did express concern that the budget monies designated for the Plan m 2009 -10 might not be enough to begin implementation. This item will return to Committee on December 9 for additional review. It is anticipated that a full presentation and ordinance recommendation will be forthcoming at a January 2009 Council meeting. RETURN TO DECEMBER 9 TRANSPORTATION COMMITTEE FOR ADDITIOANL DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:20 p.m. Next meeting: Tuesday, November 25, 2008 5:00 p.m. Conference Room 1 P&L. Committee Chair Approval Minutes by KAM. CAS NUMBER: 08-161 Meeting Date 12/08/08 12/15/08 CATEGORY [Si Discussion Motion Resolution Mtg Date 12/08/08 Mtg Date Mtg Date COUNCIL AGENDA SYNOPSIS Initials Prepared by 1 tifflgotes review 1 Council review RT RT (MV ITEM INFORMATION I ORIGINAL AGENDA DATE: DECEMBER 8, 2008 1 fd v VAffr AGENDA ITEM TITLE Bid Award for Tukwila Int'I Blvd Phases II III Improvements Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 12/15/08 Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs El DCD Finance Fire Legal P&R Police PW/ SPONSOR'S SUMMARY This project will provide roadway improvements on Tukwila International Boulevard from S 116 St to S 138 St. The project was advertised on October 9 and 16, 2008, and ten bids were opened on November 13, 2008. The low bid of $12,261,309.20 was from Gary Merlino Construction Company, who has previously completed satisfactory work for the City. This contract includes work for Water District 125, Valley View Sewer District, Comcast, and Comcast LNS, which will be reimbursed. CA &P Cmte F &S Cmte Transportation Cmte COW Mtg. Utilities Cmte DATE: 11/25/08 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to Gary Merlino Construction Company. COMM Ti rEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $12,261,309.20 $16,586,000.00 Fund Source: 104.02 Arterial Street Fund (page 36 37, 2009 Proposed CIP) Comments: REVIEWED BY MTG. DATE I 12/08/08 12/15/08 MTG. DATE 12/08/08 12/15/08 El Arts Comm. Parks Comm. RECORD OF COUNCIL ACTION Planning Comm. I2EMNo. APPROPRIATION REQUIRED ATTACHMENTS Information Memo dated November 19, 2008 (with new page on Additive Alternate) Vicinity Maps and Walls 6 9 description Bid Tabulation Transportation Committee Meeting Minutes from November 25, 2008 To: From: Date: Subject: ISSUE Mayor Haggerton Public Works Director November 19, 2008 Tukwila International Boulevard Phases II III Improvements Project Nos. 95 -RWO3 95 -RWO4 BID AWARD Award the bid for construction of Tukwila International Boulevard Phases II III Improvements. BACKGROUND This project will provide roadway improvements on Tukwila International Boulevard from S 116 St to S 138 St. The improvements will include curbs, gutters, sidewalks, landscaping, retaining walls, traffic signal modifications, storm drainage facilities, paving, and other related street amenities. The project will also include sanitary sewer and water utility work that will be reimbursed by the respective districts. The project was advertised for bids on October 9 and 16 and bids were opened November 13, 2008. The bid proposal included a base bid and one additive alternate for concrete wall facings. Ten bids were received with the low base bid of $11,461,309.20 from Gary Merlin Construction Company. The engineer's estimate was $14,974,001.00 in the attached bid tabulation. ANALYSIS The bids were reviewed and tabulated. No errors or irregularities were discovered in the five lowest bids. Two mathematical errors were discovered in the remaining bids that did not affect the bidding order. The sales tax rate was shown incorrectly on the Proposal as 8.8% and was corrected in the bid tabulation (for all bids and the engineer's estimate) to reflect the current rate of 9.0 A new rate of 9.5% will be instituted in January 2009 that will increase construction costs by approximately $330.00. Staff has reviewed the lowest bid, completed reference checks, and determined the Contractor to be responsive and responsible. Gary Merlino Construction has been given good recommendations from other agencies and has performed satisfactorily on previous construction projects for the City. Since the bids received for the project were very favorable, it is possible to award the base bid, award the additive alternate, retain a 15% construction contingency and still remain within the project budget. Award of the work included for the Valley View Sewer District and Water District 125 is subject to approval by each District's Board. District staff recommendations have instructed us to award their portions of the project at $19,096.80 (sewer) and $52,712.40 (water). BUDGET AND BID SUMMARY Bid Results Ene Estimate Budeet Construction (Base Bid) $11,461,309.20 $14,974,001.00 $16,586,000.00 Additive Alternate 800,000.00 1,358,491.00 Contingency (15 1.839.196.38 Total $14,100,505.58 516.332.492.00 516.586.000.00 Attachments: Vicinity Map Bid Tabulation INFORMATION MEMO RECOMMENDATION Award the base bid, additive alternate and utility work for Tukwila International Boulevard Phases 2 3 Improvements to Gary Merlin Construction Company in the amount of $12,261,309.20 ($11,461,309.20 and $800,000.00 $12,261,309.20). P PROJECTS1A- R W RS Projocts195RW03 TIB21Awad Into Mrnn. ADDITIVE ALTERNATE BID ITEM: SHOTCRETE FASCIA PANELS The shotcrete fascia panels included in the bid proposal as an additive alternate bid item are necessary components of the soldier pile wall structures. Without the fascia panels, the H -pile with timber lagging walls are considered "temporary" structures. Over time, the wood will decompose; lose its structural capacity and fail. The proposed concrete fascia panels will cover the timber lagging, thus making the finished wall a permanent structure. The fascia panels will also include an anti graffiti coating and will be more visually pleasing than the soldier pile wall. The objective of bidding the shotcrete fascia panels as an additive alternate bid item was to make the project more affordable if construction bids came in too high, as was expected throughout the design phase. The walls could be constructed without the shotcrete fascia, but the fascia would need to be added within 5 to 10 years based on engineering recommendations. The bidding and construction climate has changed dramatically in the past six months. Favorable bids were received on November 13, 2008 with the lowest bid (including the additive alternate bid item) well within the budget and engineer's estimate. The additive alternate shotcrete fascia panels cost $800,000 and the engineer's estimate was $1,358,491. It is recommended that the additive alternate bid item be constructed now rather than in a future contract at a much higher cost to the City. The additive alternate bid item includes approximately 42,000 square feet of shotcrete fascia panels covering walls 1 through 4 on the east side of Tukwila International Boulevard. PROJECT LOCATION S 116 S 116 St f an y IS138St S 136 St v (n N V) N N S 140 St j O N W 1 S 135 St S138Ft S 146 St S 133 St S 142 St ru S 144 St 51148 St City of Tukwila z(S 112 S t` S 120 PL S 1 137 St S 113 St S 115 Std 141 St 116 St a I ID S117Stb /.D S 124 St o 5 126 1St SI128 �5t S 128 S130St_- 140 St S %142 C/3 S 154 St [n D N D n S 141 St s 142St A S 14 P 1 November 2008 S 111 St S 122 St A' r m r a m O' co S 124 St Nrio 1 5 136 St' S 137 St 139 St S 144 St N 5 146 St N 5 148 St N -1S 150 St 5156 St S, t58 3 Tukwila International Boulevard SOUTH 116TH STREET TO SOUTH 138TH STREET Vicinity Map FASCIA FOR WALLS 1, 2, 3 AND 4 ARE INCLUDED IN THE ADDITIVE ALTERNATE BID ITEM FASCIA FOR WALLS 6 AND 9 ARE INCLUDED IN THE BASE BID AMOUNT TUKWILA INTERNATIONAL BOULEVARD SCULPTED SHOTCRETE FINISH DETAILS DESIGN DIAGRAM CERTIFIED BID TABULATION TUKWILA INTERNATIONAL BOULEVARD PHASES II AND III IMPROVEMENTS CERTIFIED BID TABULATION TUKWILA INTERNATIONAL BOULEVARD PHASES II AND III IMPROVEMENTS TRANSPORTATION COMMITTEE Meeting Minutes CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:04 p.m. L PRESENTATIONS No presentations. Committee members were in support of a facility meeting of the three parties. City of Tukwila Transportation Committee November 25, 2008 5:00 p.m. Conference Room #3* *Room Change for this nteeting only PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Derek Speck, Robin Tischmak, Jaimie Reavis, Moira Bradshaw, Peter Lau, Mike Ronda, Gail Labanara, Mayor Haggerton, Jon Harrison, Jack Pace and Kimberly Matej Guests: Mike Hansen, Sabey Corporation H. BUSINESS AGENDA A. Tukwila International Boulevard Phases II and III Staff is seeking full Council approval to award a bid to Gary Merlin Construction Company m the amount of $12,261,309.20 for construction of Tukwila International Boulevard (TIB) Phase II and III improvements. Robin Tischmak provided a brief overview of the project explaining that these phases will provide roadway improvements on TIB from South 116 Street to South 138 Street. Robin also explained the additive alternate that will now be included in the project due to the bids coming in under the engineer's estimate. The $800,000 additive alternate is a concrete wall fascia that will run on both sides of the highway. The /'alternate should not be considered an optional addition only to improve the physical attributes of the project; the additive is an integral part of the project which was considered as an additive in order to save money based on predictions of an escalating bid climate. Committee members asked staff to include a sample of what the fascia will look like in the packet which goes to full Council. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Mike Hansen, a representative from Sabey Corporation, expressed his company's desire for undergroundmg wires, specifically in the Homeland Security and Intergate West building locations. Mr. Hansen offered his assistance in encouraging a conversation between the City of Tukwila and Seattle City Light regarding the possibility of pursuing an undergrounding opportunity. Mayor Haggerton briefly explained the undergrounding history and issues the City has been faced with regarding the anticipated high cost of undergrounding. He believes that a facilitated discussion between the City of Tukwila, Seattle City Light and Sabey Corporation will encourage the pursuit of possible undergrounding opportunities. Mayor Haggerton has consistently stated in the past, and currently believes, that undergrounding is in the best interest of the City. Staff stated that Transportation Improvement Board funds will not pay for undergrounding; however, undergrounding was part of the original Improvement Board grant application. CAS NUMBER 08-162 Fund Source: MAYOR'S OFFICE PROFESSIONAL SERVICES Continents: I MTG. DATE 1 12/08/08 MTG. DATE 12/08/08 COUNCIL AGENDA SYNOPSIS Imtrats Meeting Date Prepared by Mayor's review I Conned review 12/08/08 RB 12/15/08 RB J� AG I N DA ITEM TITLE Contract amendment Commercial Development Solutions ITEM INFORMATION ORIGINAL, AGENDA DATE: DECEMBER 8, 2008 1 1 RECORD OF COUNCIL ACTION ITEM NO. Da C.\'n {G( )RY Dzscttsston Motion Resolution n Ordinance n Bid Award n Public Hearing Other Mtg Date 12/8/08 Mtg Date 12/15/08 tlltg Date Mtg Date lltg Date Altg Date Mtg Date SP( )NSOR Council Lyla Adm Svcs DCD Fznance Fire Legal P&R Police L PW SP()Nsoit'S The contract with Commercial Development Solutions will expire on December 31, 2008. SUNI\I.\RY The City entered into the contract for project management for the Tukwila South project. The Council is being asked to extend the contract to June 30, 2009. Transportation Cmte I?\X'I:D BY U COW Mtg. CA&P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI'B: 12/8/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize the Mayor to sign the agreement COMMPITEE The CAP meeting was held directly before the Committee of the Whole COST IMPACT FUND SOURCE EtPI {NDI'ruIu-, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $48,000 $48,000 ATTACHMENTS Informational memorandum dated 11/20/08 Contract Amendment (No committee minutes are available as this item was discussed directly before this Committee of the Whole meeting, It was originally scheduled for the 11/24/08 CAP and time ran out before the Committee could discuss the item, pushing it forward to the 12/8/08 CAP,) TO: COMMUNITY AFFAIRS AND PARKS COMMITTEE FROM: Rhonda Berry, City Administrator DATE: November 20, 2008 SUBJECT: Contract Amendment Commercial Development Solutions (Lisa Verner) ISSUE Professional Services Contract with Commercial Development Solutions (CDS) will expire on December 31, 2008. BACKGROUND 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor The City entered into contract with Lisa Verner in 2006 to serve as Project Manager for the Tukwila South project. Though we now have agreement on "deal points staff continues to work on getting a Development Agreement ready to present for Council approval. Once the Development Agreement is approved, additional help will be needed to coordinate the annexation and other tasks related to the project. Additionally, it is helpful to have one focal person to serve a liaison role with the property owner. It is anticipated that approval of the Development Agreement and annexation can be accomplished within the first half of 2009. DISCUSSION CDS was hired because there was no staff person available to dedicate solely to the Tukwila South project. The comprehensive institutional knowledge of all aspects of the project resides with Lisa Verner. Transferring these responsibilities to someone else at this point would be extremely unproductive and would probably prolong the amount of time necessary to accomplish tasks critical to beginning construction of the Southcenter Parkway extension. RECOMMENDATION Gity Of Tukwila INFORMATIONAL MEMORANDUM W. MayorsOfhceContracts :CDScovermemo November 24 2008 Approve the contract amendment and forward it to the December 8 Committee of the Whole meeting and December 15 Regular Meeting. Phone: 206-433-1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us That portion of Contract No. AG06- 059(ed) between the City of Tukwila and Commercial Development Solutions is amended as follows: Under Section 2, Compensation and Method of Payment: Total amount to be paid shall not exceed $151,000199,000 (an addition of $64,00048.000 to the original previous contract amount of $8 Under Section 4, Duration of Agreement: This Agreement shall be in full force and effect for a period commencing January 1, 2008 -2009 and ending December 31, 2-008-June 30, 2009 unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this day of 2008. CONTRACTOR CITY OF TUKWILA Commercial Development Solutions ATTEST /AUTHENTICATED Christy O'Flaherty, CMC, City Clerk Date Approved by City Council CITY OF TUKWILA CONTRACT FOR SERVICES Amendment to #06- 059(de) Jim Haggerton, Mayor APPROVED AS TO FORM City Attorney CAS NUMBER 08-146 COUNCIL AGENDA SYNOPSIS Meeting Date 11/24/08 12/01/08 12/08/08 12/15/08 Imtla /s Prepared by illayor s review Council review LV ,,t --G- I LV A-e -L-- It LV AA �..-G ..7, LV I I ITEM INFORMATION AGI.:ND.\ Tr!J Ordinances for Fire and Parks Impact Fees Ex1 NDrrum. RJ QuIRED 1QRIGINAL AGENDA D, TIl. NOVEMBER 24, 2008 Discttsrion Motion Resolution Ordinance n Bid Award Public Hearing Other dltg Date 12/8/08 tlltg Date lltg Date Altg Date 12/15/08 lltg Date illtg Date 11/24/08 lltg Date SPONSOR Council Mayor Adrrt Svcs DCD Finance Fire Legal P &R Police n PW/ SPONSOR'S Discussion regarding adoption of impact fees for Fire and impact fees for Parks. Decisions SU\IM \R'' needed include: 1) what total dollar value of capital projects for Fire, 2) the split in revenues between impact fees and City contribution for Fire. 3) what total dollar value of capital projects for Parks, 4) the split in revenues between impact fees and city contribution for Parks. Ordinances in draft form are attached. Ri;.\'tl..\vi BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. Li Transportation Cmte DA1E: 11/18 F &S 12/2 (action); 11/24 BE 12/8 CAP (info only) RECOMMENDATIONS: SPONsoR /ADMIN Approve and forward to COW for discussion C)MMT1TEE Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE MTG. DATE RECORD OF COUNCIL ACTION 11/24/08 Forward to 12/1/08 Regular Meeting 12/01/08 Forward to 12/8/08 Committee of the Whole MTG. DATE I ATTACHMENTS 11/24/08 Informational Memos regarding Fire /Park impact fees with Attachments Ordinances adopting Fire /Park impact fees with Attachments Minutes from Finance Safety Committee meeting of 11/18/08 12/1/08 Ordinances with Attachments 12/8/08 Informational memorandum dated 12/3/08 Ordinances with Attachments Minutes from the Finance Safety Committee meeting of 12/2/08 'TEAT No. Fund Source: REVENUE IS FROM IMPACT FEES; PROJECTS ARE NOT CONSTRUCTED UNLESS FUNDS ARE AVAILABLE Continents: AMOUNT BUDGETED APPROPRIATION REQUIRED To: Committee of the Whole (COW) CC: Mayor Haggerton Rhonda Berry FROM: Lisa Verner, Mayor's Office Nick Olivas, Fire Chief Rick Still, Deputy Parks Director DATE: December 3, 2008 (REVISED) RE: FIRE AND PARKS IMPACT FEES INFORMATION MEMORANDUM This information memorandum has been revised twice to address new infoiiiiation. One update is as of December 3 and one is as of December 2. The original document begins on page 5. 2"D REVISION NEW INFORMATION (as of December 3, 2008) The Finance Safety Committee reviewed impact fees for both fire and parks services at it's meeting on December 2, 2008. The Committee discussed a spreadsheet on impact fee payment examples (Attachment A), a memo from Derek Speck to Lisa Verner (Attachment B), and the Mayor's recommendations on impact. fee (Attachment C). The Committee addressed the following questions: 1. Do you want to adopt impact fees 2. If yes, which projects do you want to include? What is the total cost? 3. Of the total cost, how much do you want to fund through impact fees and how much do you want the city to contribute? 4. For Parks, what is the split between residential and commercial land uses? The Finance Safety Committee unanimously recommended adoption of both fire and parks impact fees and the following: COW Information Memorandum December 3, 2008 Page2of7 FIRE PARKS Capital Facilities List: $6,479,500 Capital Facilities List: $8,000,000 Split: 90% 10% Split: 80% 20% Fees Fees: SF 922 SF $1,426 MF $1,200 MF $1,398 Office $1,624 Office S 837 Retail 580 Retail S 419 Industrial 127 Industrial 262 The Committee reviewed the use ratio between residents and employees of 2.44 -to -1 (as part of the park impact fee calculation) and forwarded it to COW for discussion without making a recommendation. Mayor's Recommendations The Mayor's recommendations on impact fees (Attachment B) were presented to the Finance Safety Committee on December 2, 2008 and are as follows: FIRE PARKS Capital Facilities List: $6,479,500 Capital Facilities List: 58,000,000 Split: 90% 10% Split: 80% 20% Fees Fees: SF 922 SF 51,426 MF 51,200 MF 51,398 Office 51,624 Office 837 Retail 580 Retail 5 419 Industrial 127 Industnal S 262 The revised list of Parks capital facilities projects and costs (which now total 58,000,000) is shown on the third page of Attachment B. COW Infonnation Memorandum December 3, 2008 Page 3 of 7 l REVISION INCLUDED IN FINANCE SAFETY PACKET FOR DECEMBER 2 INFORMATION AND COUNCIL QUESTIONS (as of December 2, 20081 1. Problem Statement The City of Tukwila expects both commercial and residential growth through 2020. It has adopted a Parks level of service and will adopt a Fire level of service. In order to maintain the existing levels of service for growth and new development, the City must provide new park capital facilities and new fire capital facilities. The City's financial resources are not sufficient to fund the fire and parks capital facilities necessitated by new growth. It needs to find additional revenue sources to help pay for these capital facilities over the next 12 years. 2. Redevelopment The ordinances are drafted to say that any new, additional square footage for which a building permit is issued will be assessed a fire and a parks impact fee. A change of use does not trigger the application of impact fees. So, if a warehouse adds a second floor and turns into an office building, the applicant pays impact fees based on the second floor square footage (new addition) but not on the original square footage. This holds even if there are more people on the first floor under the office use. However, if the warehouse turns into an office use but does not add any more square footage, the applicant does not pay any fire or parks impact fees. With respect to the City's existing traffic impact fees, the applicant is charged a traffic impact fee when the use changes, in addition to when new square footage is added. In the example above, the applicant would pay a traffic impact fee in both cases (with and without a new second floor, when the use changes). 3. Payment Examples Below are examples of fire and parks impact fee assessments for several development projects in Tukwila. The table shows what would have been paid at the time a building permit was issued if the City had adopted fire and parks impact fees. The calculations are based on total capital projects costs of $6,479,500 for Fire with a 90 -10% split and $8,000,000 for Parks with a 80 20% split between fees and city contributions. FIRE $6,479,500 in capital projects (90 -20% split) Project Land Use Square Category Footage/Dwelling Units Retail 230,444 Wig development! Southcenter Square Parkway Place 16400 Southcenter Pkwy New Bank of America Office Office 66,000 7,451 I Impact Fee per Impact Fee 1,000 gsf or per Assessment Dwelling Unit $580 $133,658 1,624 107,184 $1,624 512,100 COW Information Memorandum December 3, 2008 Page 4 of 7 I building (at mall) f Tukwila Village Multi Wig development/ Southcenter Square Parkway Place 16400 Southcenter Pkwy New Bank of America building (at mall) Tukwila Village family Retail Office PARKS $11,250,000 in capital projects (90 -10% split) Project Land Use Square Category Footage/Dwelling Units 230,444 Retail Office Office Multi- family Retail Office I 144 52,000 2,000 1 66,000 7,451 144 52,000 12,000 $1,200 $580 $1,624 Impact Fee per 1,000 gsf or per Dwelling Unit $662 $1,325 $1,325 $2,211 $662 $1,325 $172,800 $30,160 $3,248 Impact Fee Assessment $152,554 $87,450 $9,873 $318,384 $34,424 1 $2,650 4. Parks Capital Facilities List (Southgate Park) As a result of Council discussion at COW on November 24, staff has taken Southgate Park off the list of Parks Capital Facilities to be funded by impact fees. This brings the total cost of the remaining projects to $11,250,000. A 90 -10% split means the impact fees fund $10,125,000 and the City must fund $1,125,000 from the General Fund. An 80 -20% split means the impact fees fund $9,000,000 and the City must fund $2,250,000 from. the General Fund. 5. Parks Use Ratios The Use Ratio used in the Impact Fees formula was derived from an analysis of the pass holder's use for the past year. Every time a person uses their pass to use the Tukwila Community Center the computer collects that information. We were able to determine from this sampling that a resident uses their facility pass 2.44 times more than a business pass holder. Therefore, we are equating using a 1:2.44 ratio in allocating impact fees. We will attempt to collect data in more areas of the Parks Recreation Department Services for a larger sampling in the future. The City of Tukwila is unique with having 70% or more of its users of the Golf Course, Community Center and Pool being nonresidents. Our current and past residents have paid for the established or current Level -of- Service in the City. It makes sense that future residential and commercial growth pay for future needed Park, Recreation and Open Space facilities to maintain COW Information Memorandum December 3, 2008 Page5of7 this quality of life in the City of Tukwila. The City needs to have another funding mechanism for parks other than the General Fund or we will not be able to maintain our current level of service. PREVIOUS INFORMATION (November 18. 2008) ISSUE Adopt an ordinance for Fire impact fees and an ordinance for Parks impact fees, both for funding of capital facilities needed by Fire services and Parks services due to anticipated new growth and development. BACKGROUND The Administration is evaluating new sources of revenue for the City. One such source is "impact fees" through which new development helps to pay for capital facilities necessitated due to the new growth. Mayor Haggerton 's goal is to analyze options and to adopt impact fees by the end of 2008. The Growth Management Act allows impact fees for parks services and for fire services, in addition to the traffic impact fees the City has already enacted. In order to consider and adopt impact fees, the City needs to have adopted a Fire Master Plan and identified a level of service goal for fire services. The 2008 Fire Master Plan, the Mayor's recommendations on implementation, and the Level of Service for the Fire Department are scheduled for adoption by Council on December 1, 2008. The City also needs to have an adopted Parks master plan and identified level of service. The Parks, Recreation and Open Space Plan was adopted in June, 2008. The Parks Level of Service is scheduled for adoption by the Council on November 17, 2008. Additionally, RCW 82.02.050 (4) says, in part: Impact fees may be collected and spent only for the public facilities defined in RCW 82.02.090 which are addressed by a capital facilities element of a comprehensive land use plan adopted pursuant to the provisions of RCW 36.70A.070 An ordinance to amend the Capital Facilities Element of the City's Comprehensive Plan is before the COW on November 10 for public hearing and discussion. It is scheduled for adoption on December 1. Among other things, the amendment will incorporate by reference the 2008 Fire Master Plan and the 2008 Parks, Recreation and Open Space Plan, as amended. The Parks LOS ordinance includes list of Parks capital projects (some of which will be paid for through impact fees) amends the Parks Plan and is scheduled for discussion at the November 10 COW and for adoption on November 17. The Fire Master Plan, which includes Fire capital projects (some of COW Info/illation Memorandum December 3, 2008 Page 6 of 7 which will be paid for through impact fees) is scheduled for adoption on December 1. Then the City will be consistent with RCW 82.02.050 (4). A public hearing on impact fees is advertised for November 24, 2008. DISCUSSION The State Legislature authorized impact fees when it adopted the Growth Management Act in 1990 as one mechanism to help communities address growth. According to RCW 82.02.050 (1), it is the intent of the State Legislature: (a) To ensure that adequate facilities are available to serve new growth and development; (b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and (c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. Impact fees can be assessed for traffic, parks, fire and schools. The City already assesses a traffic impact fee. The Mayor is asking the Council to consider assessing a parks impact fee and a fire impact fee. None of the school districts which serve Tukwila have asked the City to collect a school impact fee on their behalf. Impact fees are used to provide funds for capital projects or capital facilities which are needed because of new growth. They are used to fund projects which maintain the same level of service for new growth as is provided for existing development. They may not be used for projects which are needed due to current deficiencies in public facilities serving existing development. In essence, impact fees are a mechanism for "growth to pay for growth." For consideration are two ordinances, one for impact fees for fire services and one impact fees for parks services. The text of the ordinances is similar. The ordinances address the fee formula, adjustments, credits, appeals, refunds and exemptions as well as use of the impact fees. Also, each ordinance includes a spreadsheet for calculating an impact fee and a list of projects for which the impact fee would be collected. Conceptually, the fee formula identifies the anticipated growth between 2009 and 2020 (12 years) in several land use categories and the cost of capital facilities needed to serve that growth and divides the two. The variables include the request for service (either calls for fire /aid service per land use category or amount of parks needed per resident) and the growth anticipated in each land use category. Because the City has a strong track record of both COW Information Memorandum December 3, 2008 Page 7 of 7 residents and enzployees using park facilities and fire services, an impact fee for commercial /industrial uses as well-as an impact fee for residential uses is proposed. Attached are two pages of Options for impact fees (kind of a sensitivity analysis). One is for parks (Attachment A) and one is for fire (Attachment B). At the bottom of each sheet is information on the relevant impact fees assessed by other jurisdictions. Each Options page compares differing project totals, differing City contributions, and differing impact fees for several different land use categories. For example, the Parks Impact Fee Options page shows $12,250,000 as the total amount of projects. Next it shows what the impact fees would generate over 12 years if impact fees paid for 90% of the total and what the City's 10% contribution would be. Below that is shown the znzpact fee per single family house, per multi family dwelling unit, per 1,000 gsf of office use, per 1,000 gsf retail use and per 1,000 gsf of industrial use. The next block to the right shows the results of impact fees generating 80% of the funds and the City contributing 20 The block on the far right shows a 70 -30% split. Finally, the same 90 -10 80 -20 70 -30% splits are shown if $8,750,000 is the total amount of the projects. The same kind of comparison is offered on the Fire Impact Fee Options page. Council members may choose which impact fee /city contribution split results in acceptable levels of impact fees. RECOMMENDATION Adopt an ordinance which authorizes assessment of znzpact fees for capital facilities for Fire services needed due to new growth Adopt an ordinance which authorizes assessment of impact fees for capital facilities for Parks services needed due to new growth NOTE: ATTACHMENTS HAVE BEEN REVISED BASED ON THE NEW INFORMATION; FOR OLD ATTACHMENTS, PLEASE REFER TO 11/24/08 PACKET Attachment A: Attachment B: Attachment C: Impact Fee Payment Examples (1 page) Memo from Derek Speck to Lisa Verner (4 pages) Mayor's Recommendations (7pages) ATTACHMENT A IMPACT FEE PAYMENT EXAMPLES 12-2-08 Date: November 30, 2008 To: Lisa Verner, Project Manager Copy: Mayor City Administrator Finance Director From: Economic Development Administrator Re: Impact Fees Effect on New Development Attachment B City of Tukwila Jim Haggerton, Mayor Office of the Mayor 6200 Southcenter Boulevard Tukwila, WA 98188 www.ci.tukwila.wa.us I have attached two spreadsheets that estimate the cost of the proposed development impact fees relative to the cost of new construction and to a monthly lease rate. These estimates are very approximate and reflect a number of assumptions that are listed on the attachment. All assume a Fire Department project list totalling $6,479,500. Assuming the Parks Department list of projects totals $11,250,000: o As a percent of the cost of new construction, the impact fees would range from a low of 0.4% to a high of 1.7 depending on assumptions and product type. o As a percent of a monthly lease rate, the impact fees would range from a low of 0.5% to a high of 2.8 depending on assumptions and product type. Assuming the Parks Department project list totals $6,750,000: o As a percent of the cost of new construction, the impact fees would range from a low of 0.3% to a high of 1.3 depending on assumptions and product type. o As a percent of a monthly lease rate, the impact fees would range from a low of 0.4% to a high of 2.0 depending on assumptions and product type. I am not aware of any way to determine conclusively whether the proposed impact fees would cause us to lose new development. One significant factor to consider is how competive a particular product type is (e.g. retail or office). For example, I think our Southcenter area is strong in terms of retail compared to our competitors but we are in fairly tight competition for high quality office space. At the levels proposed, especially with the $6.75 million Parks project list, I think it is unlikely that we would lose development. Please contact me at 206 433 -1832 or dspeck @ci.tukwila.wa.us if you have any questions. Impact Fees Comparisons to New Development Costs DRAFT 11/30/08 Based on assumptions: Parks 11,250,000 Fire 6,479,500 90% of cost paid by development impact fee 10% of cost paid by city Parks SF 2,255 MF 2,211 Office 1,325 Retail 662 Industrial 414 6,867 Fire 922 1,200 1,624 580 127 4,453 Comparision of Impact Fee to Cost of Development Impact Fee Cost/Unit Units SF 3,177 dwelling unit MF 3,411 dwelling unit Office 2.95 square foot Retail 1.24 square foot Industrial 0.54 square foot Impact Fees 250,000 200,000 200 150 75 Comparision of Impact Fee to Monthly Lease Rate SF MF Office Retail Industrial Impact Fee Cost/Unit Units 3,177 dwelling unit 3,411 dwelling unit 2.95 square foot 1.24 square foot 0.54 square foot Total Units 3,177 Dwell unit 3,411 Dwell unit 2,949 1,000 SF 1,242 1,000 SF 541 1,000 SF 11,320 Typical Construction Cost Per Unit Low High 500,000 300,000 300 300 150 Typical Monthly Lease Rate Per Unit Low N/A 1,400 2.00 2.00 0.50 High N/A 1,800 2.50 3.00 0.75 Impact Fee of Cost Low High 0.6% 1.3% 1.1% 1.7% 1 0% 1.5% 0.4% 0.8% 0 4% 0 7% Impact Fee Added To Lease N/A $38 62 $0 03 $0.01 $0 01 Impact Fee of Lease Rate Low High N/A N/A 2.1% 2.8% 1.3% 1.7% 0.5% 0.7% 0.8% 1.2% Assumptions Lease rates are based on new construction. Multifamily lease rates assume 1,000 square foot, 2 bedroom apartment. Retail lease rates based on single story, surface parked, direct entry, box retail in Southcenter area. Calculation of impact fee added to lease assumes initial impact fee is amortized over a 10 year lease at 6% interest. Based on impact fee data Attachments A -2 and B -2 from staff report for F &S 12/2/08 revised version 12/1/09. Economic Development Analysis 1/1 Printed 12/03/2008 6 14 PM Impact Fees Comparisons to New Development Costs DRAFT 11/30/08 Based on assumptions: Parks 6,750,000 Fire 6,479,500 90% of cost paid by development impact fee 10% of cost paid by city SF MF Office Retail Industrial Parks 1,353 1,327 795 397 248 4,120 Comparision of Impact Fee to Cost of Development Impact Fee Cost/Unit Units SF 2,275 dwelling unit MF 2,527 dwelling unit Office 2.42 square foot Retail 0.98 square foot Industrial 0.38 square foot Comparision of Impact Fee to Monthly Lease Rate SF MF Office Retail Industrial Impact Fee Cost/Unit Units 2,275 dwelling unit 2,527 dwelling unit 2.42 square foot 0.98 square foot 0.38 square foot Impact Fees Fire Total 922 2,275 1,200 2,527 1,624 2,419 580 977 127 375 4,453 8,573 Units Dwell unit Dwell unit 1,000 SF 1,000 SF 1,000 SF Typical Construction Cost Per Unit Low 250,000 200,000 200 150 75 High 500,000 300,000 300 300 150 Typical Monthly Lease Rate Per Unit Low N/A 1,400 2.00 2.00 0.50 High N/A 1,800 2.50 3.00 0.75 Impact Fee of Cost Low High 0.5% 0.8% 0 8% 0.3% 0.3% Impact Fee Added To Lease N/A $28.61 $0.03 $0.01 $0 00 0.9% 1.3% 1.2% 0 7% 0 5% Impact Fee of Lease Rate Low N/A 1.6% 1.1% 0.4% 0.6% High N/A 2.0% 1.4% 0 6% 0 8% Assumptions Lease rates are based on new construction. Multifamily lease rates assume 1,000 square foot, 2 bedroom apartment. Retail lease rates based on single story, surface parked, direct entry, box retail in Southcenter area. Calculation of impact fee added to lease assumes initial impact fee is amortized over a 10 year lease at 6% interest. Based on impact fee data Attachments A -2 and B -2 from staff report for F &S 12/2/08 revised version 12/1/09 Economic Development Analysis 1/1 Printed: 12/03/2008 6 14 PM Impact Fees Comparisons DRAFT 11/24/08 Based on: Parks 12,250,000 Fire 6,479,500 90% of fee paid by development Comparison of Parks Vs Fire Spread Across Development Types Parks Fire SF 2,518 34% 922 21% MF 2,420 32% 1,200 27% Office 1,421 19% 1,624 36% Retail 710 9% 580 13% Industrial 444 6% 127 3% 7,513 100% 4,453 100% Mayor's Recommendation Impact Fees 12 -2 -08 FIRE Capital Facilities List: $6,479,500 Split: 90% 10% Fees SF 922 MF $1,200 Office $1,624 Retail 580 Industrial 127 PARKS Capital Facilities List: $8,000,000 Split: 80% 20% Fees: SF $1,426 MF $1,398 Office 837 Retail 419 Industrial 262 TOTAL Fees: SF $2,348 MF $2,598 Office $2,461 Retail 999 Industrial 389 Attachment C Examples of Impact Fee Payments: FIRE $6,479,500 in capital projects (90 -10% split) Project Land Use Category Wig development/ Southcenter Square Parkway Place 16400 Southcenter Pkwy New Bank of America building (at mall) Tukwila Village PARKS $8,000,000 in Project Wig development/ Southcenter Square Parkway Place 16400 Southcenter Pkwy New Bank of America building (at mall) Tukwila Village 1 1 Retail Office Office Multi- family Retail 1 Office 1 Office Office Multi- family Retail I Office 1 Square Footage/Dwelling Units 230,444 66,000 7,451 144 52,000 1 2,000 1 capital projects (80 -20% split) Land Use Square Category Footage/Dwelling Units Retail 230,444 66,000 7,451 144 52,000 1 2,000 1 Impact Fee per 1,000 gsf or per Dwelling Unit $580 $1,624 $1,624 $1,200 $580 1 $1,624 1 Impact Fee per 1,000 gsf or per Dwelling Unit $419 $837 $837 $1398 $419 1 $837 1 Impact Fee Assessment $133,658 $107,184 $12,100 $172,800 $30,160 $3,248 Impact Fee Assessment $96,556 $55,242 $6,237 $201,312 $21,788 $1,674 1 Tukwila Parks Capital Facilities List Project List Impact Fees 2009 to 2015 Project Cost Duwamish Riverbend Hill Develop Phase II 2,000,000 Trail Connections Green River Trail to Renton 500,000 Black/Cedar River Trail Tukwila Pond Development Phase IV 3,000,000 City of Tukwila Pool [Extend land lease]; expand features 500,000 and services TOD Pedestrian Bridge `Sounder Connection 2,000,000 Total $8,000,000 TABLE 1: 2008 Park Impact Fee Calculations Land Use 516 2,384 1,482 1 370,500 133 4,836 2,418,000 435 4,826 1 3,860,800 434 2,900 11,144 1 6,649,300 1,003 Tukwila Parks Impact Fees, 2008 2007 2007 2007 Building 2020 Housing 2020 2020 Building Housing Employment Area -3 Units Employme Area Units -1 2 nt Single- family 3,822 4,338 Multi- family 4,107 6,491 Office 6,245 1,561,250 7,727 1 1,931,750 Retail 20,384 1 10,192,000 25,220 12,610,000 1 Industrial 20,343 1 16,274,400 25,169 20,135,200 1 TOTALS 7,929 46,972 1 28,027,650 10,829 58,116 1 34,676,950 1 1. OFM 2. PSRC 2007 Covered Emplooyment Estimates 3. Retail: 500gsf per emp; Office: 250gsf per emp; Industrial: 800gsf per emp; X emp growth 4. 43 SF du/yr; rest isiv1F from 2007 Buildable Lands Report 5. 90% of Buildable Lands Report estimates, at same as 2007 employment 6. Tukwila Resident/Non- Tukwila resident breakdown based on 2000 census data In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of 17,181 9% Net Growth, 2008 2020 Housing Units Employment Building Employment: Employment: 4 -5 Area 3 Tukwila Non Tukwila Residents Residents 9 -6 91 -6 1,349 4,401 4,392 10,141 Impact Fee Persons per Use Ratio Total Use Use by Cost Per Housing Per 1,000 Rounded Housing Unit Between by Land Land Use Allocation Unit GFA Residents/ Use Category Employees Category 2.54 2.44 3,198 11.49% $735,607 $1,425.59 1 2.49 2.44 14,484 52.06% $3,331,715 1 $1,397.53 1 1.00 1,349 4.85% $310,214 1 1 $837.29 1.00 4,401 15.82% $1,012,279 1 $418.64 1.00 4,392 15.78% $1,010,185 1 $261.65 1 27,823 100.00% $6,400,000 1 1 Note: $6,400,000 is 80% of $8,000,000 S1,426 1 $1,398 1 S837 1 S419 S262 Fire Department Capital Facilities List Capital Facility Cost 1. Construct/build relocated Station 51— 5,000 gsf 2,000,000 addition due to new growth in TUC 2. Purchase aid car for Station 51 (new) 185,000 3. Purchase engine for Station 54 to replace aerial 750,000 ladder truck 4. Purchase land for relocated Station 52, if Station 51 544,500 is relocated 5. Construct/build relocated Station 52, if Station 51 is 3,000,000 relocated 1 5,000 gsf building addition x $400 /psf building construction cost 2 '/2 acre site (21,780 sf) x $25 /psf land cost 3 7,500 gsf building x $400 /psf building construction cost TOTAL 6,479,500 TABLE 1 TUKWILA FIRE IMPACT FEE CALCULATION 2008 TABLE 2 TUKWILA FIRE SERVICE DEMAND CALCULATION 2008 TABLE 3 2007 INCIDENT RESPONSES BY PROPERTY TYPE AND ALLOCATION TO IMPACT FEE CATEGORIES DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF FIRE IMPACT FEES ON NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EkkhCTI VE DATE. WHEREAS, pursuant to the Growth Management Act of the State of Washington and RCW 36.70A, the City of Tukwila has an adopted Comprehensive Plan, which includes provisions for fire protection facilities as part of its Capital Facilities Element; and WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as part of the financing for public facilities, including fire protection facilities; and WHEREAS, the Tukwila City Council desires to provide funding for fire protection facilities, as referenced in the Capital Facilities Element of the Comprehensive Plan, through the imposition of residential and non residential development impact fees beginning January 1, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE Cl11' OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new growth and development in the City creates additional demand and need for public fire protection facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs for new fire service facilities to serve new growth and development in the City The City Council believes that this can be accomplished by the assessment of fire impact fees on new residential, commercial, and industrial development in the City. It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the fire impact fee program. Section 2. Definitions. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington, County of King. 4. "Development activity" means any construction of a building or structure that creates additional demand and need for fire safety facilities. C. \Donna and Settings \All Users \Desktop \Kelly \MSDATA \Ordinances \Fire Impact Fees.doc LV_ksn 12/4/2008 Page 1 of 5 5 "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 6. "Encumber" means to reserve, set aside, or earmark the fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective services. 7. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional fire capital facilities. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the fire facilities needed to serve new growth and development that is a proportionate share of the cost of fire capital facilities that is used for facilities that reasonably benefit new development. Impact fees do not include a reasonable permit fee, an application fee, and the administrative fee for collecting and handling fire impact fees or cost of reviewing independent fee calculations. 9. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 10. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of new development. 11. "Public facilities" means the following capital facilities owned or operated by governmental entities: (1) public streets and roads; (2) publicly owned parks and open spaces and recreational facilities; (3) school facilities; (4) fire protection facilities not part of a fire district; and (5) police facilities and essential public facilities as defined by Chapter 36.70A RCW. Section 3. Fire Impact Fee Assessment. A. The City shall collect fire impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required, effective January 1, 2009 This will include the expansion of existing uses, which create the demand for fire protection services. B. Fire impact fees shall be assessed at the time of a technically- complete building permit application that complies with the City's zoning ordinances and building and development codes. Fire impact fees shall be collected from the fee payer at the time the building permit is issued. C. Except if otherwise exempt, the City shall not issue the required building permit unless or until the fire impact fees are paid. Section 4. Use of Fire Impact Fees. A. Pursuant to this ordinance, fire impact fees shall be used for fire facilities that will reasonably benefit the City and its residents. B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. C. Fees shall not be used for maintenance and operations, including personnel. D Fire impact fees shall be used for but not limited to land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to fire protection facilities. C \Documents and Settings \All Users Desktop \Kelly MSDATA Ordinances Fire Impact Fees.doc LV:ksn 12 /4/2008 Page 2 of 5 E. Fire impact fees may also be used to recoup public improvement costs incurred by the City to the extent that flew growth and development will be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for fire facility improvements, impact fees may be used to pay the principal on such bonds. Section 5. Fire Impact Fee Capital Facilities Plan. In order to collect fire impact fees, the City must first adopt a Fire Capital Facilities Plan as an element of the City's Comprehensive Plan. The City's Capital Facilities Plan for fire protection services shall consist of the following elements: 1. The City's capacity over the next six years, based on an inventory of the City's fire facilities both existing and under construction, 2. The forecast of future needs for fire facilities based upon the City's population projections; 3. A six-year financial plan component, updated as necessary, to maintain at least a six-year forecast for financing needed within projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the Capital Facilities PIan; and 5. City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's Capital Facilities Plan or plan update. Section 6. Fire Impact Fee Formula. The impact fee formula is based on the assumptions found in Tukwila Fire Impact Fees, 2008, Exhibit A, and Tukwila Fire Department Capital Facilities List, Exhibit B, attached hereto and by this reference fully incorporated herein. FIRE IMPACT FEE CALCULATIONS Impact Fee Land Use Per Residential Unit Per 1,000 Sq. Ft. GFA Single family $922 Multi- family $1,200 Office $1,624 Retail $580 Industrial $127 Section 7. Fire Impact Fee Adjustments. A. The City may adjust a fire impact fee at the time the fee is imposed to consider unusual circumstances in specific rases to ensure that impact fees are imposed fairly. B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the Fire Chief who shall review the study to determine that the study: 1. is based on accepted impact fee assessment practices and methodologies, 2. uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity; 3 complies with the applicable state laws governing impact fees; 4. is prepared and documented by professionals who are mutually agreeable to the City and the developer and are qualified in their respective fields; and 5. shows the basis upon which the independent fee calculation was made. C. In reviewing the study, the Fire Chief may require the developer to submit additional or different documentation. If an acceptable study is presented, the Fire Chief may adjust the fee to that appropriate for the particular development activity. If C: \Documents and Setting \All Users Desktop Kelly MSDATA Ordinances Fire Impact Fees.doc LV:ksn 12/ 4/2008 Page 3 of 5 an acceptable study is not presented, the developer shall pay the impact fees required prior to submitting the study. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this ordinance to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. Section 8. Credits. A fee payer can request that a credit, or credits, be awarded to the fee payer for the value of dedicated land, improvements to, or new construction of any system improvements provided by the developer to facilities that axe identified in the Capital Facilities Plan and that are required by the City as a condition of approving the development activity. Section 9. Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building permit. B. Appeals regarding fire impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. C. Determinations of the City staff with respect to the applicability of fire impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner pursuant to this section. D. An appeal shall be taken within 10 working days of payment of the impact fees under protest or within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the reasons for the appeal with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. Section 10. Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current owner of the property on which the impact fees were paid may receive a refund of such fees. B The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first out basis. C. Owners seeking a refund must submit a written request for a refund of the fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. D. Any impact fees for which no application has been made within the one -year period shall be retained by the City and expended on appropriate fire facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. Section 11. Exemptions. The fire impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted fire department master plan and related documents, as appended to the City's Comprehensive Plan. All new development located in the City will be charged a fire impact fee, provided that the following exemptions shall apply. Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this ordinance shall be exempt from the payment of fire impact fees. The following shall be exempt from fire impact fees: C \Documents and Settings \All 'Users Desktop Kelly MSDATA Ordinances Fire Impact Fees.doc LV:ksn 12/4/2008 Page 4 of 5 1. Replacement of a structure with a new structure having the same use, at the same site, and when such replacement is within 12 months of demolition or destruction of the previous structure, 2. Alteration or expansion of or remodeling of an existing dwelling or structure where no new units are created and the use is not changed, 3. Construction of an accessory residential structure; 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs; 5. Demolition of or moving an existing structure within the City from one site to another; 6. Low income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Fiscal impact analysis of the effect of impact fees upon low- income housing and how exempting housing from impact fees would forward the goals for low- income housing in the City and King County; b. That adequate documentation be provided that the housing will remain available for low- income persons for a 10 -year period of time at affordable rents; and c. In the case of owner- occupied dwellings, that such housing will be sold or leased at affordable rates to low income households for a period of 10 years; and d. The impact fee for exempt development shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken within the City for fire protection services and facilities. Section 12. Authority Unimpaired. Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental affects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and /or Chapter 58.17 RCW, governing plats and subdivisions, provided that the exercise of authority is consistent with Chapters 43.21C and 82.02 RCW. Section 13. 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 14. 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 2008. ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number: Attachments: Exhibit A Tukwila Fire Impact Fees, 2008 Exhibit B Fire Department Capital Facilities List C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Fire Impact Fees.doc LV :ksn 12 /4/2008 Page 5 of 5 EXHIBIT A TUKWIAL FIRE IMPACT FEES 2008 TABLE 1. TUKWILA FIRE IMPACT FEE CALCULATION 2008 TABLE 2. TUKWILA FIRE SERVICE DEMAND CALCULATION 2008 EXHIBIT A TUKWILA FIRE IMPACT FEES 2008 TABLE 3. 2007 INCIDENT RESPONSES BY PROPERTY TYPE AND ALLOCATION TO IMPACT FEE CATEGORIES Fire Department Capital Facilities List EXHIBIT B Capital Facility Cost 1. Construct/build relocated Station 51 5,000 gsf $2,000,000 addition due to new growth in TUC 2. Purchase aid car for Station 51 (new) $185,000 3. Purchase engine for Station 54 to replace aerial $750,000 ladder truck 4. Purchase land for relocated Station 52, if Station 51 $544,500 is relocated 5. Construct/build relocated Station 52, if Station 51 is $3,000,000 relocated 1 5,000 gsf building addition x $400 /psf building construction cost 2 '/2 acre site (21,780 sf) x $25 /psf land cost 3 7,500 gsf building x $400 /psf building construction cost TOTAL $6,479,500 C•\Documents and Settings\AII Users\Desktop\Kelly\MSDATA \Ordinances\Fire Impact Fees Exhibit B Capital Facilities List.doc LV :ksn 12/4/2008 Page 1 of 1 AT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF PARKS IMPACT FEES ON NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHLNG AN EH ECTWE DATE. WHEREAS, pursuant to the Growth Management Act of the State of Washington and RCW 36.70A, the City of Tukwila has an adopted Comprehensive Plan, which includes provisions for parks facilities as part of its Capital Facilities Element; and WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as part of the financing for public facilities, including parks facilities; and WHEREAS, the Tukwila City Council desires to provide funding for parks facilities, as referenced in the Capital Facilities Element of the Comprehensive Plan, through the imposition of residential and non residential development impact fees beginning January 1, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new growth and development in the City creates additional demand and need for public parks facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs for new parks facilities to serve new growth and development in the City. The City Council believes that this can be accomplished by the assessment of parks impact fees on new residential, commercial, and industrial development in the City It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the parks impact fee program. Section 2. Definitions. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington, County of King. 4. "Development activity" means any construction of a building or structure that creates additional demand and need for parks facilities. 5 "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances Parks Impact Feas.doc LV:ksn 12/4/2008 Page 1 of 5 6. "Encumber" means to reserve, set aside, or earmark the parks impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of parks services. 7 "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional parks capital facilities. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the parks facilities needed to serve new growth and development that is a proportionate share of the cost of parks capital facilities that is used for facilities that reasonably benefit new development. Impact fees do not include a reasonable permit fee, an application fee, and the administrative fee for collecting and handling parks impact fees or cost of reviewing independent fee calculations. 9. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 10. "Proportionate share" means that portion of the cost for parks facility improvements that are reasonably related to the service demands and needs of new development. 11. "Public facilities" means the following capital facilities owned or operated by governmental entities: (1) public streets and roads; (2) publicly owned parks and open spaces and recreational facilities; (3) school facilities; (4) fire protection facilities not part of a fire district; and (5) police facilities and essential public facilities as defined by Chapter 36.70A RCW. Section 3. Parks Impact Fee Assessment. A. The City shall collect parks impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required, effective January 1, 2009. This will include the expansion of existing uses, which create the demand for parks services. B. Parks impact fees shall be assessed at the time of a technically complete building permit application that complies with the City's zoning ordinances and building and development codes. Parks impact fees shall be collected from the fee payer at the time the building permit is issued. C. Except if otherwise exempt, the City shall not issue the required building permit unless or until the parks impact fees are paid. Section 4. Use of Parks Impact Fees. A. Pursuant to this ordinance, parks impact fees shall be used for parks facilities that will reasonably benefit the City and its residents. B Fees shall not be used to make up deficiencies in City facilities serving an existing development. C. Fees shall not be used for maintenance and operations, including personnel. D. Parks impact fees shall be used for but not limited to land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to parks facilities. C. \Documents and Settings \All Users Desktop Kelly \iv4SDATA Ordinances \Parks Impact Fees.doc LV:ksn 12/4/2008 Page 2 of 5 E. Parks impact fees may also be used to recoup public improvement costs incurred by the City to the extent that new growth and development will be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for parks facility improvements, impact fees may be used to pay the principal on such bonds. Section 5. Parks Impact Fee Capital Facilities Plan. In order to collect parks impact fees, the City must first adopt a parks capital facilities plan as an element of the City's Comprehensive Plan. The City's Capital Facilities Plan for parks services shall consist of the following elements: 1. The City's capacity over the next six years, based on an inventory of the City's parks facilities both existing and under construction; 2. The forecast of future needs for parks facilities based upon the City's population projections; 3. A six-year financial plan component, updated as necessary, to maintain at least a six-year forecast for financing needed within projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the Capital Facilities Plan; and 5 City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's Capital Facilities Plan or plan update. Section 6. Parks Impact Fee Formula. The impact fee formula is based on the assumptions found in Tukwila Parks Impact Fees, 2008, Exhibit A, and Tukwila Parks Capital Facilities List, Exhibit B, attached hereto and by this reference fully incorporated herein. PARKS IMPACT FEE CALCULATIONS Impact Fee Land Use Per Residential Unit 1 Per 1,000 Sq. Ft. GFA Single Family 1 $1,426 Multi- Family $1,398 I Office 1 $837 Retail 1 $419 Industrial 1 I $262 Section 7. Parks Impact Fee Adjustments. A. The City may adjust a parks impact fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly. B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the Director of Parks and Recreation, who shall review the study to determine that the study: 1 is based on accepted impact fee assessment practices and methodologies; 2. uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity; 3. complies with the applicable state laws governing impact fees; 4. is prepared and documented by professionals who are mutually agreeable to the City and the developer and are qualified in their respective fields, and 5. shows the basis upon which the independent fee calculation was made. C: \Documents and S ttin \Al Users \Desktop \Kelly \MSDATA \Ordinances \Parks Impact Fees.doc LV:ksn 12/4/2008 Page 3 of 5 C. In reviewing the study, the Director of Parks and Recreation may require the developer to submit additional or different documentation. If an acceptable study is presented, the Director of Parks and Recreation may adjust the fee to that appropriate for the particular development activity. If an acceptable study is not presented, the developer shall pay the impact fees required prior to submitting the study D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this Ordinance to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. Section 8. Credits. A fee payer can request that a credit, or credits, be awarded to the fee payer for the value of dedicated land, improvements to, or new construction of any system improvements provided by the developer to facilities that are identified in the Capital Facilities Plan and that are required by the City as a condition of approving the development activity. Section 9. Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building permit. B. Appeals regarding parks impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. C. Determinations of the City staff with respect to the applicability of parks impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner pursuant to this section. D. An appeal shall be taken within 10 working days of payment of the impact fees under protest or within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the reasons for the appeal with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. Section 10. Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current owner of the property on which the impact fees were paid may receive a refund of such fees. B. The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first out basis. C. Owners seeking a refund must submit a written request for a refund of the fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. D. Any impact fees for which no application has been made within the one -year period shall be retained by the City and expended on appropriate parks facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. Section 11. Exemptions. The parks impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted parks master plan and related documents, as appended to the City's Comprehensive Plan. All new development located in the City will be charged a parks impact fee, provided that the following exemptions shall apply Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this C. \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \Parks Impact Fees.doc LV:ksn 12/4/2008 Page 4 of 5 ordinance shall be exempt from the payment of parks impact fees. The following shall be exempt from parks impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and when such replacement is within 12 months of demolition or destruction of the previous structure; 2. Alteration or expansion of or remodeling of an existing dwelling or structure where no new units are created and the use is not changed; 3 Construction of an accessory residential structure; 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs; 5. Demolition of or moving an existing structure within the City from one site to another; 6. Low income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Fiscal impact analysis of the effect of impact fees upon low- income housing and how exempting housing from impact fees would forward the goals for low income housing in the City and King County; b. That adequate documentation be provided that the housing will remain available for low- income persons for a 10 -year period of time at affordable rents; and c. In the case of owner occupied dwellings, that such housing will be sold or leased at affordable rates to low- income households for a period of 10 years; and d. The impact fee for exempt development shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken within the City for parks services and facilities. Section 12. Authority Unimpaired. Nothing in this Ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental affects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and /or Chapter 58.17 RCW, governing plats and subdivisions, provided that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. Section 13. 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 14. 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 2008. AI hST /AUTHENTICATED Christy O'Flaherty, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number Attachment: Tukwila Parks Impact Fees, 2008, Exhibit A Tukwila Parks Capital Facilities List, Exhibit B C. \Documents and Settings \All Users\ Desktop Kelly \MSDATA Ordinances \Parks Impact Fe.doc LV :ksn 12/4/2008 Page 5 of 5 TABLE 1: 2008 Park Impact Fee Calculations Land Use 516 2,384 2,900 2.54 2.44 3,198 2.49 2.44 14,484 1.00 1,349 1.00 4,401 1.00 4,392 27,823 Note: $6,400,000 is 80% of $8,000,000 EXHIBIT A Tukwila Parks Impact Fees, 2008 2007 2007 2007 Building 2020 Housing 2020 2020 Building Housing Employment Area -3 Units -1 2 Net Growth, 2008 2020 Housing Units Employment Building Employment: Employment: 4 -5 Area 3 Tukwila Non Tukwila Residents Residents 9 -6 91 -6 1,482 370,500 1 133 4,836 2,418,000 435 4,826 3,860,8001 434 11,144 6,649,300 I 1,003 Persons per Use Ratio Total Use Use by Cost Housing Unit Between by Land Land Use Allocation Residents/ Use Category Employees Category I 11.49% I 52.06% 4.85% 15.82% 1 15.78% 1 100.00% 1,349 4,401 4,392 10,141 $735,607 $3,331,715 $310,214 $1,012,279 $1,010,185 $6,400,000 Units Employme Area nt Single- family 3,822 1 4,338 Multi- family 4,107 6,491 Office 6,245 1,561,250 7,727 Retail 1 20,384 10,192,000 25,220 Industrial 1 20,343 16,274,400 25,169 TOTALS 7,929 I 46,972 28,027,650 10,829 58,116 1. OFM 2. PSRC 2007 Covered Emplooyment Estimates 3. Retail: 500gsf per emp; Office: 250gsf per emp; Industrial: 800gsf per emp; X emp growth 4. 43 SF du/yr; rest is MF from 2007 Buildable Lands Report 5. 90% of Buildable Lands Report estimates, at same as 2007 employment 6. Tukwila Resident/Non Tukwila resident breakdown based on 2000 census data In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of 17,181 1,931,750 12,610,000 20,135,200 34,676,950 Impact Fee Per Housing Per 1,000 Rounded Unit GFA $1,425.59 I 1 S1,426 $1,397.53 I 1 S1,398 $837.29 1 S837 1 $418.64 I S419 I $261 1 S262 9% Tukwila Parks Capital Facilities List EXHIBIT B Project List Impact Fees 2009 to 2015 Project Cost Duwamish Riverbend Hill Develop Phase II 2,000,000 Trail Connections Green River Trail to Renton 500,000 Black/Cedar River Trail Tukwila Pond Development Phase IV 3,000,000 City of Tukwila Pool [Extend land lease]; expand features 500,000 and services TOD Pedestrian Bridge Sounder Connection 2,000,000 Total $8,000,000 FINANCE AND SAFETY COMMITTEE Meeting Minutes December 2, 2008, 5:00 p.m.; Conference Room #3 City of T ukwila Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Bruce Fletcher, Rick Still, Lisa Verner, Gail Labanara, Shawn Hunstock, Mary Miotke, Nick Olivas, Steve Rydeen, David Haynes, Jack Pace, Rhonda Berry and Kimberly Matej Guests: Mark Segale, Bill Arthur, Nancy Damon, Mike Hansen, Chuck Parrish and Louis Strander and Joe Desmoine CALL TO ORDER: Chair Robertson called the meeting to order at 5:05 p.m. The agenda was amended to reflect the new order of business as presented below. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Impact Fee Ordinances for Fire and Parks This agenda item is returning to the Finance and Safety meeting for additional discussion prior to returning to full Council. As a result of tonight's discussion, staff is requesting Committee recommendations to Council regarding impact fees. Lisa Verner distributed several pages to Committee members with corrections from infouuation that was included in the original agenda packet (substitution for pages 52, 61 and 62). She also distributed an additional four pages that were not included in the original agenda packet. Lisa reviewed a list of example impact fees that would have been paid by recent developments if impact fees had been implemented and assessed at the time of those projects. Additionally, she distributed a memo from Derek Speck which states his opinion, as Economic Development Administrator, that at the impact fee levels proposed, it is unlikely that development would be lost. However, he is not aware of any way to determine conclusively whether the impact fees would or would not cause a loss in development. Although impact fees may appear high, they are they are a fairly low percentage of the development costs. After this discussion, staff began presentation of the Mayor's recommendations in regards to impact fees. The four specific questions outlined below are the policy questions that need to be answered by full Council. Staff requested recommendations from the Finance and Safety Committee on each issues as outlined below. O Determine if impact fees should or should not be implemented for fire and parks: o Fire Impact Fees Committee recommends implementation. UNANIIVIOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. o Park Impact Fees Committee recommends implementation. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. IdentOr the projects which should be included in the list that establishes capital facilities projects resulting from new growth as well as the costs associated with those lists for both fire and parks: o Fire Capital Facilities Projects Committee supports the list as recommend by the Mayor and presented in the Finance and Safety Committee agenda packet page 57. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Finance Safety Committee Minutes December 2, 2008 Page 2 o Park Capital Facilities Projects Committee supports the List as recommended by the Mayor and presented in Exhibit B, page 3, of a document entitled Mayor's Recommendation Impact Fees 12 -2 -08, which was distributed at tonight's Committee meeting (information attached to minutes). UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Determine the City contribution- developer impact fee split (90/10, 80/20, 70/30, etc) o Fire impact fee City contribution developer split. Mayor's recommendation for fire impact fees is a 90/10 split. This means that 90% of the project costs will be funded through the collection of impact fees and the remaining 10% will be funded through City contribution. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. o Park impact fee City contribution developer split. Mayor's recommendation for the park impact fees is a 80/20 split. This means 80% of the project costs will be funded through the collection of impact fees, and the remaining 20% will be funded through City contribution. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Committee members asked why Fire fees would be funded at a 90/10 split and Parks fees at an 80/20 split. Staff explained that many times the determination of impact fee contribution splits are very subjective. Fire is an essential service provided by the City, and calls for service will increase as development increases. The need for adequate basic safety and life service responses justify the higher developer contribution. The Parks fee split is lower as City staff feels confident that available grants and other such resources can assist in the City absorbing a larger contribution amount. Determine impact fees calculations /contributions based on designated land use categories (i. e.: single family, multi family, office, retail and industrial). o This was new information presented to the Committee at the beginning of the meeting. Members reviewed the information and felt that it appeared as if the Mayor's recommended contribution splits based on land use designations were acceptable. However, since this is new information they prefer to take more time to review the material and recommend forwarding this item to the COW. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Several members of the public were in attendance at the meeting. Questions were raised regarding the park use ratios, specifically, data which stated that 70% of users are nonresidents. A comment was made that there is no data identifying what percentage of the nonresident users are employed within the City. Several guests also shared that they believe impact fees will drive development away from this location, stating that development decisions are based on prices, and the assessment per square foot of retail space is significant. Mark Segale communicated that in the impact fee audit conducted by the State for the City of Redmond detail audit work was conducted for fire fees, but not for park fees. He felt that City staff was purely making an assumption regarding park fees and wanted to clarify that no audit had been conducted on Redmond park impact fees. In closing, the Committee reviewed Capital Improvement Program (CIP) pages that are applicable to impact fee projects and requested several wording changes. B. South Correctional Entity (SCORE) Interlocal Agreement (Multi- Jurisdictional Misdemeanor Jail Facility) In relation to the South Correctional Entity facility and formation of a respective public development authority, staff is seeking full Council approval of an ordinance authorizing a SCORE interlocaI agreement between all owner cities and formation of the SCORE Development Authority. Rhonda Berry provided an update of information regarding SCORE since the item was last heard at Committee and COW (see Finance and Safety minutes dated March 4, 2008, and COW minutes dated March 24, 2008). She distributed copies of the Powerpoint presentation that will be shown at the COW on December 8, 2008, in order to facilitate an informed discussion of the project. CAS NUMBER 08-125 Discussion S P( )NSOR S1 )NS()R'S Su:.\r:\r \R� Fund Source. Comments MTG. DATE 10/13/08 10/20/08 12/01/08 10/20 12/1 12/08/08 EXPENDITURE, REQUIRED MTG. DATE 10/13/08 1 11Ieetin, Date 1 10/13&10/20 12/01/08 12/08/08 12/15/08 COUNCIL AGENDA SYNOPSIS Prepared by LV LV LV LV Motion Resolution ditg Date dltg Date 11Itg Date 1 0/11/08&12/.4 /OR I,ttttals ITEM INFORMATION Maj'or's review I Council review 1ORIGINALAGENDA DATE: OCTOBER 13, 2008 AG l :ND ITEM Trrl.l'. An Ordinance adopting the Fire Master Plan, adopting Mayor's recommendations, and establishing Level of Service Standards Ordinance Bic Award Public Hearing Other Mtg Date 12/15/08 lftg Date Coun67l ma Ad n Svcs DCD Finance Fire U Legal P &R Police NV An Ordinance adopting the Fire Master Plan, adopting Administration responses to Plan recommendations (implementation), and establishing Level of Service for fire services. RI BY COW IvItg CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. 1 1 Parks Comm. DA 1E: 8/19/08 F 9/23/08 F 10/13/08 COW RECOMMENDATIONS: SPONSOR /ADMIN Approve and forward to COW for discussion COMMnTE1: Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION Forward to the next Regular Meeting Forward to 12/01/08 Regular Meeting Forward to 12/08/08 Committee of the Whole IT NO. Mtg Date 10/20/08 Altg Date Transportation Cmte Planning Comm. AMOUNT BUDGETED APPROPRIATION REQUIRED ATTACHMENTS Informational Memorandum dated 8/19/08 (revised 10/13/08) to include attachments: Addendum 1 (to be added to Fire Master Plan, distributed previously) Exhibits B &C Ordinance in draft form Minutes from the Finance Safety Committee meetings of 8/19/08 and 9/23/08 Ordinance in final form Informational memorandum dated 12/3/08; Addendum 1; Ordinance in final form (Please bring your C. O, W. agenda packet from 10 /13/08 for reference) (Please bring your copy of the Fire Master Plan, distributed previous /y) City of Tukwila CC: Mayor Haggerton Rhonda Berry 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Lisa Verner, Project Manager, Mayor's Office Nick Olivas, Fire Chief DATE: December 3, 2008 RE ADDENDUM #1 TO THE FIRE MASTER PLAN Adoption of the Fire Master Plan is on the Council agenda for the Committee of the Whole meeting of December 8, 2008. The Fire Master Plan consists of two pieces. the plan itself and the 2 -page Addendum #1. The Fire Master Plan was distributed in August. Addendum #1 is attached for your convenience. Administration recommends Council forward the Fire Master Plan and Addendum #1 to the Regular Meeting on December 15, 2008 for adoption. Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us Addendum Addendum Recommended capital expenditures for the City of Tukwila included replacement of two facilities: Fire Station No. 51 and 52. A key element of the facility development is the acquisition of suitable property to locate the structures. The amount of land identified for Fire Station No. 51 replacement is 3.3 acres and 1.0 acre for a replacement of Fire Station No. 52. Bare land in the central business district for Fire Station No. 51 is estimated to cost approximately $35.00 per square foot.' Raw land on the hill section, to relocate Fire Station No. 52 is slightly less at approximately $20 -25 per square foot.' Estimates of the cost to purchase land for the two fire stations is in Figure 1. Figure 1: Estimated Cost of Land for Replacement Fire Station No. 51 52 No. of No. of Square Replacement Acres Feet Cost per Square Foot Total Fire Station No. 51 3.3 143,560 1 $35.00 $5,031,180 Low Range $871,200 Fire Station No. 52 1.0 43,560 $20 00 High Range $25 00 $1,089,000 $5,902,380 Total to $6,120,180 Property acquisition cost for Fire Station No. 51 and 52 ranges from $5,902,380 to $6,120,180. Summary of Capital Needs from Community Growth An impact fee is a fee implemented by a local government on a new or proposed development to assist or pay for that portion of the costs that the new development affects existing public services. The fees are a charge on new developments to help fund and pay for the construction or needed expansion of offsite capital improvements. These fees reduce the economic burden on local jurisdictions that are trying to deal with population and service demand growth in the area. Source: Brian A. Bruininks, Certified Commercial Investment Member (CCIM), The Andover Company. 2 Note: 1 acre 43 560 square foot. A summary of capital requirements for the City of Tukwila Fire Department comprises the procurements for both existing needs and those to meet the needs that result from new development. The capital requirements to serve future growth of the City were separated from those designated to meet current service demand. An estimate of the capital requirements for facilities and apparatus to meet future service demand is complied in Figure 2 Capital Item Figure 2: Capital Requirements Linked to New Development Total Square Square Feet Linked Cost Linked to Feet to impact Total Cost Impact Construction cost of relocated Fire Station 25,000 15,000 $11,870,000 $7,122,000 No. 51 New Aid Car for Fire N/A N/A $185,000 $185,000 Station No. 51 Fire Engine for Fire Station No 54 $525,000 (replacement for N/A N/A to $750,000 aerial apparatus) $750,000 Land requirement for relocated Fire Station $871,200 No. 52 (required if 43,560 to $1,089,000 Fire Station No. 51 is $1,089,000 relocated) Construction cost of relocated Fire Station N/A N/A $3,500,000 $3,500,000 No 52 43,560 (1.0 acre) Total Cost Linked to Impact $12,646,000 The capital cost of facilities and apparatus to meet service demand linked to the impact from growth totals $12,646,000. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2008 FIRE MASTER PLAN WITH THE INCLUSION OF THE MAYOR'S RESPONSE SPECIFYING PHASED IMPLEMENTATION; ESTABLISHING LEVEL -OF- SERVICE GOALS FOR FIRE SERVICES; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to have a fire strategic plan, addressing fire services needed for growth in the next decade and establishing level -of- service goals for the Fire Department; and WHEREAS, the City Council desires to adopt the recently prepared 2008 Fire Master Plan, which contains level -of- service recommendations; and WHEREAS, the 2008 Fire Master Plan provides a comprehensive analysis of the services provided by the Fire Department; and WHEREAS, the Mayor has reviewed and responded to the 2008 Fire Master Plan, specifying phased implementation based on available funding of the recommenda- tions contained therein; and WHEREAS, the City Council has reviewed the 2008 Fire Master Plan and has accepted the Mayor's recommendations; and WHEREAS, the Fire Master Plan, the Mayor's response thereto, and the City's level -of- service goals for fire services were presented to the public for comment and modification at a public hearing on October 20, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Fire Master Plan. The City of Tukwila hereby adopts the 2008 Fire Master Plan as Exhibit A, and by this reference fully incorporated herein, and the Mayor's recommendations as Exhibit B, which is attached hereto. Section 2. Fire Level of Service. The City of Tukwila hereby adopts the following Level -of- Service Goals for the Fire Department: Establish a goal of 5 minutes, 33 seconds, for response to calls- for service within the City, at least 90% of the time. Operate four fire stations distributed throughout the City Provide the following fire services: prevention, suppression, aid, rescue, hazardous materials response and public education. Maintain equipment level of three front -line fire engines, one front -line aerial fire engine, and one front -line aid car. Maintain personnel level of three shifts of professional firefighters. C. \Documents and Settings \All Users Desktop \Keity \MSDATA \Ordinances \Fire Master Plan.dec ksn 12/4/2008 Page 1 of 2 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 2008. ATTEST/AUTHENTICATED. Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A 2008 Fire Master Plan Exhibit B Mayor's Recommendations Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number. C \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \:ire Master Plan.doc ksn 12/4/2008 Page 2 of 2 EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS WORKSHEET SHORT TERM EXHIBIT B ADMINISTRATION RESPONSES TO FIRE MASTER PLAN RECOMMENDATIONS LONG TERM / GROWTH CAS NUMBER 08-134 SUMMARY 2014 CIP. BY COW Mtg Fund Source: Comments 1 MTG. DATE 11/17/08 12/01/08 1 MTG. DATE 11/24/08 1 1 Mtg Date Utilities Cmte EXPI :ND1TURI•. REQUIRED 12/01/08 12/08/08 COUNCIL AGENDA SYNOPSIS Meettnq Date 11/24/08 12/01/08 12/08/08 12/15/08 1 I Initials Prepared by Mayor's review Council review SH 1 -z- I4 SH I SH 1 A4 SH 10 ITEM INFORMATION I ORIGINAL AGENDA DATE: NOVEMBER 24, 2008 Review of final adjustments to the 2009 -2010 proposed budget and 2009 -2014 CIP C,\ 1'I'.G( )RY Discussion Motion Resolution Ordinance BzdAward Public Heanng n Other A'1tg Date 11/24/08 12/8/08 lltg Date 12/15/08 lttg Date 12/15/08 Aitg Date Mtg Date 11/17/08 Mtg Dote IS )NSOR Council Muyor Adm Svcs DCD Finance Fire 1 Legal P&R Police PIV F &S Cmte Parks Comm Attached for review are the final changes to the 2009 -2010 proposed budget and 2009- Council reviewed the budget at four Councl meetings in October /November and conducted the Public Hearing on November 17, 2008. CA &P Cmte Arts Comm. Transportation Cmte Planning Comm. DATE. 11/18/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve final changes for adoption of the budget and CIP COMMITTEE Unanimous approval; forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF C OUNCIL ACTION Public Hearing at City Council meeting. Forward to 12/08/08 Committee of the Whole Meeting ITEMNO. APPROPRIATION REQUIRED ATTACHMENTS Informational memorandum dated 11/19/08 with budget errata and CIP sheets Attachments A, B and C Budget Ordinance and CIP Resolution in final form Minutes from the Finance and Safety Committee meeting of 11/18/08 Attachments listed above Informational memorandum dated 12/3/08, with revised errata data Ordinance and Resolution in final form (Please bring your copies of the proposed Budget and CIP) City of Tukwila Finance Department Shawn Hunstock, Director Mayor Haggerton Committee of the Whole From: Shawn Hunstock, Finance Director Date: December 3, 2008 Subject: REVISED 2009 -2010 Budget Errata To: Attached you will find a revised budget errata detailing changes from the 2009 -2010 Proposed Budget document. This information has been updated to reflect the $39,035 savings on debt service costs, due to the recent refunding, which was used along with $60,965 from fund balance to increase Human Services funding by $100;000 ($50,000 per year). Also attached is a reconciliation by fund of the original 2009 -2010 Proposed Budget amounts, changes detailed on the first attachment, and a new total by fund. These new totals will agree with the revised budget ordinance. The proposed budget and attached changes will be reviewed at Committee of the Whole on December 8 and City Council on December 15 cc: Rhonda Berry, City Administrator Jim Haggerton, Mayor 2009 - 2010 REV 12/1/2008 BUDGET ADJUSTMENTS GENERAL 000 LOCAL RETAIL SALES AND USE TAX TRANSFER IN FROM FUND 303 2009 - 2010 REV BUDGET ADJUSTMENTS HOTEL / MOTEL TAX 101 ESTIMATED BEGINNING UNRESERVED FUND BALANCE ARTERIAL STREET 104 2009 - 2010 REV BUDGET ADJUSTMENTS DEBT SERVICE FUND 207 1999 BOND ISSUE LAND ACQUISITION RECREATION AND PARK DEVELOPMENT 301 FACILITY REPLACEMENT 302 2009 - 2010 REV BUDGET ADJUSTMENTS GENERAL GOVERNMENT IMPROVEMENTS 303 WATER 401 SEWER 402 2009 - 2010 REV BUDGET ADJUSTMENTS SURFACE WATER 412 EQUIPMENT RENTAL 501 INSURANCE FUND 502 2009 - 2010 REV BUDGET ADJUSTMENTS FIREMAN'S PENSION FUND 611 FIRE INSURANCE PREMIUM TAX Budget Reconciliation by Fund Fund 000 General 101 Hotel /Motel Tax 103 City Street 104 Arterial Street 105 Contingency 107 Fire Equipment Cumulative Reserve 207 Limited Tax G O. Bonds, 1999 208 Limited Tax G.O. Bonds, 2000 209 Limited Tax G.O. Bonds, 2003 210 Limited Tax G.O. Refunding Bonds, 2003 301 Land Acquisition, Rec. Park Development 302 Facility Replacement 303 General Government Improvements 401 Water 402 Sewer 404 Water /Sewer Revenue Bonds 405 Bond Reserve 411 Foster Golf Course 412 Surface Water 501 Equipment Rental 502 Insurance Fund 503 Insurance LEOFF 1 Fund 611 Firemen's Pension Total Proposed Budget 99,367,000 3,526,651 877,000 90,804,000 892,187 767,797 1,886,000 735,000 1,531,000 1,233,000 8,968,000 7,899,000 1,700,000 15,041,301 15,862,365 1,241,435 411,000 5,137,534 11, 824,134 10,104,968 14,090,217 2,282,562 1,524,000 297,706,151 Adjustment 169,035 70,497 749,000 (39,035) 2,304,000 40,000 576,000 110,000 160,000 220,001 (935, 000) 54,000 3,478,498 Final 99,536,035 3,597,148 877,000 91,553,000 892,187 767,797 1,846,965 735,000 1,531,000 1,233,000 11,272,000 7,939,000 2,276,000 15,151,301 15,862,365 1,241,435 411,000 5,137, 534 11,984,134 10,324,969 13,155,217 2,282, 562 1,578,000 301,184,649 CIP Parks and Trails Related to Fish Habitat Grand Total Chanoes from 2008 to 2009 CIP: New: 10 City of Tukwila Leisure Pool Addition 20 Hand Boat Launches City of Tukwila CAPITAL IMPROVEMENT PLAN for 2009 2014 PARKS RECREATION 301 Fund Page PROJECT TITLE 2009 2010 2011 2012 2013 2014 TOTAL Sources Years 7 Codiga Park 610 0 0 0 0 0 610 10 0 8 Duwamish River Bend Hill Park 504 0 0 0 0 250 754 353 2,750 9 City of Tukwila Pool 387 100 100 120 120 120 947 0 120 10 City of Tukwila Leisure Pool Addition 0 0 0 0 0 125 125 33 1,375 11 Tukwila Pond 199 339 0 0 0 250 788 206 2,750 12 Fort Dent Park 36 0 200 0 0 0 236 100 1,600 13 Greenbelt Multipurpose Trails 63 43 43 43 43 0 235 235 0 14 Black River Trail Connector 23 0 0 0 0 83 106 56 917 15 57th Ave S Park Extension 25 0 0 0 0 0 25 0 150 16 Parks, Recreation Open Space Plan 0 0 0 0 75 0 75 0 0 17 Ryan Hill Park 0 0 0 0 0 0 0 0 2,500 18 Macadam Winter Garden 0 0 0 0 0 0 0 0 500 19 Southgate Park Improvements 0 0 0 0 0 0 0 0 1,000 20 Hand Boat Launches 0 0 0 0 0 0 0 0 750 21 Log House Park 0 0 0 0 0 0 0 0 200 22 Wilcox River Park 0 0 0 0 0 0 0 0 150 23 WRIA 9 Watershed Planning 11 11 12 12 12 12 70 0 12 24 Duwamish Gardens 2,559 1,000 0 0 0 0 3,559 3,256 0 25 Riverton Creek Flap Gate Removal 50 650 0 0 0 0 700 572 0 26 Gilliam Creek Fish Barrier Removal 0 0 0 0 0 0 0 0 675 27 Nelson Salmon Habitat Side Channel 0 0 0 0 0 0 0 0 645 28 Foster Golf Course Riverbank 0 0 0 0 0 0 0 0 434 29 Lower Gilliam Creek Channel 0 0 0 0 0 0 0 0 248 4,467 2,143 355 175 250 840 8,230 4,821 16,776 Park Impact Fee List Projects (project must be started within 6 years). *Other After Six Deleted: Water Spray Park, completed in 2008. Riverton Creek Upper Watershed, originally part of TIB Phase II street improvements but stream restoration is not needed. Southgate Creek Habitat Phase II, peak flows will be reduced with TIB high flow bypass and stabilizing slopes will not be needed. CIP301 *Denotes other funding sources, printed 12/03/2008 grants, mitigations, etc. 6 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Engineering Land (RJW) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES USACE Actual Grant Proposed Grant Mitigation Expected City Oper. Revenue TOTAL SOURCES CITY OF TUKWILA CAPITAL PROJECT SUMMARY Through Estimated 2007 2008 2009 96 12 12 75 605 44 523 701 56 610 Project Location 2009 to 2014 Codiga Park Hand Boat Launch LINE ITEM: 301.00.594.760. .50 PROJECT NO. 98 -DRO6 Develop a neighborhood park on the uplands of the side channel located at Codiga Park property. This park will complete the side channel project started by the Corps of Engineers in 2004. Barn demolished in 2003. Side channel completed in 2004. Partnership with US Corps of Engineers has been completed and no additional Corps money is available. The remaining Park development will be completed by the City in 2009. Approximately 200 staff hours per year to maintain vegetation and collect trash. Park will include an observation platform with interpretive signage, a canoe /kayak hand boat launch, trail access to the sandbar, 5 free standing picnic tables, and a parking lot. 2010 2011 2012 2013 2014 BEYOND TOTAL 560 560 10 10 0 0 141 56 600 0 0 0 0 0 0 797 701 56 610 0 0 0 0 0 0 1,367 120 0 75 1,172 0 0 0 0 0 0 1,367 7 PROJECT: Duwamish River Bend Hill Park CITY OF TUKWILA CAPITAL PROJECT SUMMARY LINE ITEM: 301.00.594.760. .69 PROJECT NO. 03 -PK09 Land development for this 8.6 acre parcel will preserve open space and allow future restoration for this DESCRIPTION: passive public park at 3800 S 115 St. (Also known as Poverty Hill and Grandmother's Hill.) JUSTIFICATION: Meets the Parks and Open Space Plan providing cultural and historical value along the City's shoreline. Phase I development began in 2008. Seeking grant funds in a partnering effort with the Cascade Land STATUS: Conservancy and the Friends of the Hill citizen's group. Phase II funding is dependent on grant funding and Park Impact fees. MAINT. IMPACT: Approximately 200 staff hours per year. COMMENT: Phase II is on Park Impact fee list for $2 million and goal is to start the project by 2014. Sound Transit mitigation of $313k for construction site. Applying for a Recreation Conservation Office (RCO) grant for $220,000. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Engineering 126 27 53 250 50 506 Land (R/W) 975 450 1,425 Construction 451 2,250 2,701 TOTAL EXPENSES 1,101 27 504 0 0 0 0 250 2,750 4,632 FUND SOURCES Awarded Grant 910 910 Proposed Grant 220 150 370 Mitigation 284 29 313 Park Impact Fees Expected 133 1,467 1,600 City Oper. Revenue (93) (2) 284 0 0 0 0 117 1,133 1,439 TOTAL SOURCES 1,101 27 504 0 0 0 0 250 2,750 4,632 dt. Project Location 2009 to 2014 8 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Engineering Land (R/W) Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected City Oper. Revenue TOTAL SOURCES CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 City of Tukwila Pool LINE ITEM: 301.00.594.760. .68 PROJECT NO. N/A Ongoing capital repairs and maintenance for the Tukwila City Pool. King County transferred the pool to the City of Tukwila in 2003 and contributed a total of $100,000 in 2004 and 2005. Swimming pool was built in 1973 and requires ongoing repairs and maintenance for continued use. Projects include a new pool liner and bulk head and upgrading for handicap (ADA) access. Projects will be dependent upon negotiating an extension of the lease with the Tukwila School District that is due to expire in 2011. Ongoing project, only one year actuals shown in first column. Project is on Park Impact Fee list and goal is to start project by 2014, see next page for Impact Fee project. Through Estimated 2007 2008 2009 5 40 15 15 20 20 20 20 155 0 10 347 85 85 100 100 100 100 927 10 5 387 100 100 120 120 120 120 1,082 10 5 387 10 5 387 Project Location 2010 2011 2012 2013 2014 BEYOND TOTAL 100 100 100 100 9 0 0 0 0 120 120 120 120 1,082 120 120 120 120 1,082 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Engineering Construction Mgmt Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Park Impact Fees City Oper. Revenue TOTAL SOURCES CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 City of Tukwila Leisure Pool Addition LINE ITEM: 301.00.594.760. PROJECT NO. 08 -PK02 Leisure Pool will expand features at the City of Tukwila Pool that may include water slides, lazy rivers and water spray pool equipment. Swimming pool was built in 1973 and requires new apparatus for the benefit and growth of the community. Project is currently under review and is included in the Park, Recreation and Open Space Plan. Project will be dependent upon negotiating an extension of the lease with the Tukwila School District that is due to expire in 2011. Project is on Park Impact Fee list and goal is to start project by 2014, see previous page for pool maintenance. Through Estimated 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL 125 25 225 1,125 0 0 0 0 0 0 0 125 1,375 0 0 0 0 0 0 Project Location 0 0 0 0 10 33 0 0 92 0 0 125 367 1,008 1,375 150 225 1,125 1,500 0 0 0 400 1,100 1,500 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Engineering Land (R/W) Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Park Impact Fees City Oper. Revenue TOTAL SOURCES Tukwila Pond LINE ITEM: 301.00.594.760. .52 PROJECT NO. 03 -PK10 The Tukwila Pond Concept Plan Phase I identified development to extend viewing platforms, construct trail and boardwalk and other amenities. Phase II included a 50% design for park amenities, and a feasibility study and design for water quality improvements (completed in 2008). Phase III will include final design of park improvements, water quality monitoring, buffer enhancement along Andover Park West, and construction of the water quality treatment system (alum injection and aeration). Phase IV and beyond will include final design and construction of park amenities. Phase I completed 2006, Phase II completed in 2007 and 2008. Water quality treatment system: $9,982 annualized over 50 years (annual alum purchase maintenance). Wetland mitigation fee of $86,000 was from WIG Properties and was used for the water quality studies. King County grant received in 2008 for buffer enhancement. Seeking partial grant funding for constructing water quality improvements and park amenities. Project is on Park Impact Fee list for Phase IV. Through Estimated 2007 2008 2009 104 40 181 104 40 199 86 200 18 38 193 339 0 0 0 50 104 40 199 339 0 0 0 250 Project Location CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 2 6 2010 2011 2012 2013 2014 BEYOND TOTAL 18 339 2,700 3,057 339 0 0 0 250 2,750 3,682 11 250 50 625 0 8 150 150 86 2,200 2,400 400 1,038 2,750 3,682 DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: PROJECT: Black River Trail Connector LINE ITEM: 301.00.594.760. .38 PROJECT NO. 07 -PK01 Trail connection providing a link from the Green River Trail in Fort Dent Park to Monster Road in the City of Renton. Most of this area is currently Union Pacific Railroad property. Extend the City's and the region's trail system by 1/4 mile, in partnership with the City of Renton, to provide a safe, convenient, and attractive non motorized connection between the two cities. Funding is now available through the King County Parks Division Capital Expansion Levy for 2008. An informal trail currently exists along this alignment. King County regional trail staff is also working with the City. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Engineering 23 Land (R/W) Construction TOTAL EXPENSES 0 0 23 FUND SOURCES Awarded Grant 23 Proposed Grant Mitigation Actual Park Impact Fees City Oper. Revenue TOTAL SOURCES CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 Project is on Park Impact Fee list and the goal is to start the project by 2014. Easement agreements or property acquisition may be needed in order to construct a trail on this property. 33 367 400 0 0 0 0 0 0 0 50 550 600 0 0 23 0 0 0 0 83 917 1,023 Project Location 0 0 0 0 83 917 1,023 14 83 17 123 300 300 600 600 23 0 0 PROJECT: Ryan Hill Park DESCRIPTION: of the City. Land will need to be purchased and a neighborhood park built in this somewhat isolated northeast part JUSTIFICATION: To provide a park in a neighborhood that lacks open space and recreation areas. STATUS The 2008 Park and Open Space Plan identified the needed land area for purchase of a park in the Ryan Hill neighborhood as a City priority. MAINT. IMPACT: To be determined. COMMENT: FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Engineering 250 250 Land (R/W) 750 750 Construction 1,500 1,500 TOTAL EXPENSES 0 0 0 0 0 0 0 0 2,500 2,500 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Park Impact Fees 0 City Oper. Revenue 0 0 0 0 0 0 0 0 2,500 2,500 TOTAL SOURCES 0 0 0 0 0 0 0 0 2,500 2,500 Project Location CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 LINE ITEM: 301.00.594.760. .32 PROJECT NO. 06 -PK04 S11'2St S 1 St Ilk r J A aD m 0 wv, 4 i1 6' GIS 17 FINANCIAL Through E stimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Engineering 100 100 Land (R/W) 300 300 Construction 600 600 TOTAL EXPENSES 0 0 0 0 0 0 0 0 1,000 1,000 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Park Impact Fees 0 City Oper. Revenue 0 0 0 0 0 0 0 0 1,000 1,000 TOTAL SOURCES 0 0 0 0 0 0 0 0 1,000 1,000 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 PROJECT: Southgate Park Improvements LINE ITEM: 301.00.594.760. .55 PROJECT NO. 90 -PK03 DESCRIPTION: Acquire land and develop a trail from Tukwila International Blvd through Southgate Park. JUSTIFICATION: Keep the park as a greenbelt park/open space. STATUS: Currently a greenbelt area with few improvements. Some stream bank stabilization may be considered as part of the trail system. MAINT. IMPACT: To be determined. COMMENT: e Project Location 11 iirenn f 19 PROJECT: Hand Boat Launches LINE ITEM: 301.00.594.760. PROJECT NO. 08 -PK01 Construction of boat launches which will provide access to the Green River for non motorized craft. Launches will be constructed at Christianson Road, Fort Dent Park, and the Log House Park. DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY The Parks, Recreation and Open Space Plan and the Shoreline Master Plan promote and encourage additional public access to the Green River. New CIP project for 2009 2014. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Engineering 63 63 Land (R/W) 0 Const. Mgmt. 140 140 Construction 547 547 TOTAL EXPENSES 0 0 0 0 0 0 0 0 750 750 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Donation 0 Park Impact Fees 0 City Oper. Revenue 0 0 0 0 0 0 0 0 750 750 TOTAL SOURCES 0 0 0 0 0 0 0 0 750 750 Project Location: Entire System 2009 to 2014 20 zo CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 20t4 PROJECT: Tukwila Urban Center Pedestrian /Bicycle Bridge LINE ITEM: 104.01.595. .23 PROJECT NO. 05 -RWO3 DESCRIPTION: Construct a new pedestrian /bicycle bridge over the Green River. JUSTIFICATION: Pedestrian /bicycle connection between Tukwila's Urban Center "core" and commuter rail /Amtrak station. Supports local and regional goals and policies regarding land use and transportation in Urban Center. STATUS Pedestrian System Report has identified the optimal location for bridge crossing to be south of the Best Westem Hotel. Type, Size and Location Report began in 2007 with completion in 2008. MAINT. IMPACT: To be determined. COMMENT: State Enhancement design grant for $190,000 and Transit Oriented Development (TOD) planning grant of $55,000. Proposed earmark grants next available in 2011. Project is on Park Impact Fee List. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Design 41 204 500 745 Land (R/W) 100 100 Const. Mgmt. 300 300 Construction 1,100 1,100 TOTAL EXPENSES 41 204 0 0 0 500 100 1,400 0 2,245 FUND SOURCES Awarded Grant 41 204 245 Proposed Grant 100 20 280 400 Mitigation Actual 0 Park Impact Fees Expected 400 80 1,120 1,600 City Oper. Revenue 0 0 0 0 0 0 0 0 0 0 TOTAL SOURCES 41 204 0 0 0 500 100 1,400 0 2,245 Project Location 33 Grand Total Chanaes from 2008 to 2009 CIP: New: 79 Relocate Fire Station 51 80 New Aid Car for Fire Station 51 81 New Engine for Fire Station 54 82 Relocate Fire Station 52 City of Tukwila CAPITAL IMPROVEMENT PROGRAM for 2009 2014 FIRE IMPROVEMENTS 304 Fund CIP *Other After Six Page PROJECT TITLE 2009 2010 2011 2012 2013 2014 TOTAL Sources Years 79 Relocate Fire Station 51 0 0 0 0 0 833 833 150 9,167 80 New Aid Car for Fire Station 51 0 0 0 0 0 15 15 14 170 81 New Engine for Fire Station 54 0 0 0 0 0 63 63 56 687 82 Relocate Fire Station 52 0 0 0 0 0 295 295 266 3,250 0 0 0 0 0 1,206 1,206 486 13,274 Fire Impact Fee List Projects (project must be started within 6 years). *Denotes other funding sources, grants, mitigations, etc. Cip302- 303 304 -411, 12/03/2008 78 PROJECT: Relocate Fire Station 51 LINE ITEM PROJECT NO. 08 -BG02 DESCRIPTION: Construct 25,000 square foot Fire Station 51 with only 5,000 sf due to additional growth. JUSTIFICATION: Fire Station 51 will be relocated due to expected growth in the Tukwila Urban Center and Tukwila South. Land is donated by Tukwila South Project. The new fire station will include bays for ladder truck and new aid car. STATUS: New CIP project for 2009 2014. Land donation is expected in 2009. MAINT. IMPACT: COMMENT: FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Design Land (RJW) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Bond Fire Impact Fees Fire Impact Fees Expected City Oper. Revenue TOTAL SOURCES Project is on Fire Impact Fee list and goal is to start the project by 2014. Full funding is $10,000,000 over 12 years with $2 million due to new growth and funded by fire impact fees at 90 %/10% split. One twelfth funding shown in 2014, when the projects will start, with the rest of funding in Beyond. Entire System CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 `vF E tea r� 79 0 0 0 0 0 0 0 0 0 833 9,167 10,000 833 9,167 10,000 0 0 0 7,517 7,517 0 0 0 150 1,650 1,800 683 0 683 833 9,167 10,000 PROJECT: New Aid Car for Fire Station 51 LINE ITEM: PROJECT NO. 08 -BG03 DESCRIPTION: Purchase a new aid car based on the relocation of Fire Station 51. JUSTIFICATION: The Fire Master Plan states that a new aid car is needed at the relocated Fire Station 51 due to anticipated growth. STATUS: New CIP project for 2009 2014. MAINT. IMPACT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 This project is on the Fire Impact Fee list and the goal is to start the project by 2014. Full funding is of COMMENT: $185,000 over 12 years. One twelfth funding is shown in 2014, when the projects will start, with the rest of funding in Beyond. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Design 0 Land (R/W) 0 Const. Mgmt. 0 Construction 15 170 185 TOTAL EXPENSES 15 170 185 FUND SOURCES Awarded Grant 0 0 0 Proposed Grant 0 0 0 Fire Impact Fees 0 0 0 Fire Impact Fees Expected 14 153 167 City Oper. Revenue 1 17 18 TOTAL SOURCES 15 170 185 80 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 PROJECT: New Engine for Fire Station 54 LINE ITEM: PROJECT NO. 08 -13G04 DESCRIPTION: Purchase fire engine for Station 54 to replace aerial ladder truck, when it is moved to relocated Station 51. Moving the ladder truck to relocated Fire Station 51 puts it where it will serve the need and the taller buildings JUSTIFICATION: located at the Tukwila Urban Center. An engine is needed to replace the ladder truck and will be the response apparatus at Fire Station 54. STATUS: New CIP project for 2009 2014. MAINT. IMPACT: COMMENT: This apparatus is listed on the Fire Impact Fee list and the goal is to start by 2014. The new fire engine is needed due to expected growth. Full funding is $750,000 over 12 years. One twelfth funding is shown in 2014, when the projects will start, with the rest of funding in Beyond. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Design 0 0 0 Land (R/W) 0 0 0 Const. Mgmt. 0 0 0 Construction 63 687 750 TOTAL EXPENSES 63 687 750 FUND SOURCES Awarded Grant 0 0 0 Proposed Grant 0 0 0 Fire Impact Fees 0 0 0 Fire Impact Fees Expected 56 619 675 City Oper. Revenue 7 68 75 TOTAL SOURCES 63 687 750 81 PROJECT: Relocate Fire Station 52 LINE ITEM: DESCRIPTION: Purchase land and relocate Fire Station 52 after evaluation of need based on relocation of Fire Station 51. The Fire Master Plan states that Fire Station 52 may need to be relocated to provide adequate service coverage if Fire Station 51 is relocated. JUSTIFICATION: STATUS: New CIP project for 2009 2014. MAINT. IMPACT: COMMENT: FINANCIAL Through Estimated (in $000's) EXPENSES Design Land (R/W) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Fire Impact Fees Fire Impact Fees Expected City Oper. Revenue TOTAL SOURCES CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 PROJECT NO. 08 -BG05 This project is on the Fire Impact Fee List and the goal is to start the project by 2014. Full funding is $3,545,000 over 12 years. One twelfth funding is shown in 2014, when the projects will start, with the rest of funding shown in Beyond. 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL 0 45 0 250 295 0 0 0 0 0 0 266 2,925 29 325 295 3,250 Entire System 82 0 500 545 0 2,750 3,250 0 0 3,000 3,545 0 0 0 3,191 354 3,545 ATTACHMENT A CITY OF TUKWILA TOTAL REVENUES EXPENDITURES 2009 2014 Analysis in 000's REVENUES (see A -1) 2009 2010 2011 2012 2013 2014 Totals General Revenues Sales Tax 19,595 20,182 20,787 21,411 22,053 22,715 126,744 Property Taxes 12,200 12,688 13,005 13,330 13,664 14,005 78,892 Utility Taxes 4,026 4,185 4,352 4,526 4,708 4,896 26,693 Gambling Taxes 2,100 2,100 2,163 2,228 2,295 2,364 13,249 Contract Agreement SCL 1,900 1,900 1,976 2,055 2,137 2,223 12,191 Charges /Fees for Services 4,998 5,277 5,488 5,708 5,936 6,173 33,580 Transfers In Other Funds 2,305 2,397 2,493 2,593 2,696 2,804 15,288 Intergovernmental Revenue 868 887 922 959 998 1,038 5,672 Other Taxes /Miscellaneous 1,596 1,641 1,707 1,775 1,846 1,920 10,484 Subtotal 49,588 51,257 52,894 54,585 56,332 58,137 322,794 Dedicated Revenues (Capital) Real Estate Taxes 1,000 1,000 1,040 1,040 1,080 1,080 6,240 Motor Vehicle Taxes 450 450 455 460 470 475 2,760 Investment Interest/Misc. 565 565 600 600 635 635 3,600 Property Taxes 130 130 130 130 130 130 780 Parking Taxes 140 140 140 140 140 140 840 Transfers from Golf Course 0 0 150 150 175 175 650 Subtotal 2,285 2,285 2,515 2,520 2,630 2,635 14,870 TOTAL REVENUE AVAILABLE 51,873 53,542 55,409 57,105 58,962 60,772 337,664 EXPENDITURES Operations Maintenance: 46,447 48,002 49,922 51,919 53,996 56,155 306,442 (See Attachment B) Debt Service 2,108 2,161 2,383 3,020 3,522 3,510 16,704 Admin /Engineering Overhead 1,125 1,170 1,785 1,856 1,930 2,007 9,873 Subtotal Available 2,193 2,209 1,319 310 (486) (900) 4,645 Capital Attachment C Neighborhood Revitalization Residential Streets 250 400 100 100 100 100 1,050 Parks Trails /ESA 1,889 528 212 132 207 441 3,409 Economic Development Bridges 210 145 145 205 205 270 1,180 Commercial Streets 5,559 8,722 2,171 2,055 4,235 4,785 27,527 General Government General Improvements 1,121 600 600 600 600 600 4,121 Facilities (3,935) 140 0 0 0 0 (3,795) Fire Improvements 0 0 0 0 0 720 720 Subtotal Capital 5,094 10,535 3,228 3,092 5,347 6,916 34,212 Balance by Year (2,901) (8,326) (1,909) (2,782) (5,833) (7,816) (29,567) Carryover from 2008 32,898 0 0 0 0 0 32,898 Accumulated Totals 29,997 21,671 19,762 16,980 11,147 3,331 VII 12103/2008 ATTACHMENT B City of Tukwila General Fund Operations Maintenance Expenditures 2009 2014 Analysis in 000's EXPENDITURES 2009 2010 2011 2012 2013 2014 Totals City Council 282 298 310 322 335 349 1,896 Mayor, Boards 2,696 2,728 2,837 2,951 3,069 3,191 17,472 Administrative Services 606 605 629 654 681 708 3,883 Finance 1,787 1,837 1,910 1,987 2,066 2,149 11,737 City Attorney 496 496 516 536 558 580 3,182 Recreation 3,545 3,646 3,792 3,944 4,101 4,265 23,293 Parks 1,019 1,053 1,095 1,139 1,184 1,232 6,722 Community Development 2,964 3,189 3,317 3,449 3,587 3,731 20,237 Municipal Court 1,150 1,189 1,237 1,286 1,337 1,391 7,590 Information Technology 1,109 1,146 1,192 1,240 1,289 1,341 7,316 Police 13,472 14,147 14,713 15,301 15,913 16,550 90,097 Fire 1 0,338 10,603 11,027 11,468 11 ,927 12,404 67,767 Public Works 4,073 4,219 4,388 4,563 4,746 4,936 26,924 Street Maintenance 2,639 2,744 2,854 2,968 3,087 3,210 17,501 Dept. 20 Miscellaneous 271 102 106 110 115 119 823 TOTAL EXPENDITURES 46,447 48,002 49,922 51,919 53,996 56,155 306,442 Notes: A 4% increase is anticipated for the years 2009 -2014 due to the expected increases in healthcare, retirement rates, and general inflationary pressures. Most of the increases will be related to salaries and benefits. Moderate cost -of- living allowances (COLAS) are projected along with the normal annual step increases. The Rainy Day contingency and the estimated ending fund balances are not shown here as budgeted amounts because they are considered reserves to be used in emergencies. X 12/03!2008 ATTACHMENT C CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT PROJECT COSTS 2009 - 2014 IN 000'S ATTACHMENT C CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT PROJECT COSTS 2009 - 2014 IN 000'S ATTACHMENT C CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT PROJECT COSTS 2009 - 2014 IN 000'S ATTACHMENT C CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT PROJECT COSTS 2009 - 2014 IN 000'S DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2009 -2010 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN El. FECTWE DATE. WHEREAS, the preliminary budget of the City of Tukwila for the year 2009 -2010 biennium was submitted to the City Council in a timely manner for their review; and WHEREAS, a Public Hearing on the proposed budget was advertised and held on November 17, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby adopts the document entitled "City of Tukwila 2009- 2010 Budget," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.120. Section 2. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: FUND 000 General 101 Hotel /Motel Tax 103 City Street 104 Arterial Street 105 Contingency 107 Fire Equipment Cumulative Reserve 207 Limited Tax G.O. Bonds, 1999 208 Limited Tax G.O. Bonds, 2000 209 Limited Tax G.O. Bonds, 2003 210 Limited Tax G.O. Refunding Bonds, 2003 301 Land Acquisition, Recreation Park Develpmt. 302 Facility Replacement 303 General Government Improvements 401 Water 402 Sewer 404 Water /Sewer Revenue Bonds 405 Bond Reserve 411 Foster Golf Course 412 Surface Water 501 Equipment Rental 502 Insurance Fund 503 Insurance LEOFF 1 Fund 611 Firemen's Pension TOTAL ALL FUNDS COMBINED EXPENDITURES $99,536,035 3,597,148 877,000 91,553,000 892,187 767,797 1,846,965 735,000 1,531,000 1,233,000 11,272,000 7,939,000 2,276,000 15,151,301 15,862,365 1,241,435 411,000 5,137,534 11,984,134 10,324,969 13,155,217 2,282,562 1,578,000 $301,184,649 C: \Documents and Setting \All Users \Desktop\ Kelly \MS DATA Ordinances \Budget 2009- 2010.doc KF:ksn 12/4/2003 REVENUES $99,536,035 3,597,148 877,000 91,553,000 892,187 767,797 1,846,965 735,000 1,531,000 1,233,000 11,272,000 7,939,000 2,276,000 15,151,301 15,862,365 1,241,435 411,000 5,137,534 11,984,134 10,324,969 13,155,217 2,282,562 1,578,000 $301,184,649 Page 1 of 2 Section 3. A complete copy of the final budget for 2009 -2010, as adopted, together with a copy of this adopting ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. 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. 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 and effect 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 2008. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY- Office of the City Attorney Attachment: City of Tukwila 2009 -2010 Budget Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number: C. \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Budget 2009- 2010.doc KF_rsn 12/4/2008 Page 2 of 2 city of Tukwila Resolution No. Washington A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2009 -2014 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. WHEREAS, when used in conjunction with the annual City budget, the Capital Improvement Program (CIF) and the Financial Planning Model for the period 2009 -2014 are resource documents to help plan directions the City will consider for the future; and WHEREAS, the Financial Planning Model and CIP are not permanent fixed plans, but are rather guidelines or tools to help reflect future goals and future resources at the time annual budgets are being planned; and WHEREAS, the commitment of funds and resources can only be made through the annual budget process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby adopts the 2009 -2014 Financial Planning Model and accompanying Capital Improvement Program, incorporated by this reference as if fully set forth herein. Section 2. A copy of the 2009 -2014 Financial Planning Model and accompanying Capital Improvement Program shall be kept on file in the City Clerks Office and is hereby attached. Section 3. The assumptions, revenues and expenditures will be reviewed and updated annually or as necessary by the City Council. Section 4. The detail of CIP projects will be reflected in the published Financial Planning Model and Capital Improvement Program 2009 -2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: 2009 -2014 Capital Improvement Program joe Duffie, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number C \Documents and Settings \All Users Desktop Kelly MSDATA Resolutions Financial Planning Model 01' 2009- 2014.doc SFLksn 11/25/2008 Page 1 of 1 'Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR c.O.W. December 1 8 15 ~ 22 25"'- Special Presentation: Orristmas Day See agenda packet . Certificates of (City offices closed) cover sheet for this appreciation to week's agenda Russell Bradley and 29th - (December 8, 2008 Henry Marvin Fifth Monday of the Committee of the Whole . Recycler of the Year month - no Council Meeting) meeting scheduled Bid Award: Tukwila Inn Blvd. Phases II and ill Unfinished Business: . Tul.-wila Urban Center Access Project (Klickitat) COMMITTEE OF THE Supplemental WHOLE MEErrNG TO Agreement #2 BE FOLLOWED BY A . South Correctional SPEGAL MEETING Entity (S.C.O.R.E.) inter local agreement . Contract extension for Commercial Development Solutions . Impact fees . Ordinance adopting the 2008 Fire Master PIan with the inclusion of Mayor's response specifying phased implementation, and establishing level-of- service goals for fire services January 5 12 20 (Tuesday) 26 1st -New Yenrs Day Special Presentation: Public Hearing: Public Hearing: Special Presentation: (City offices closed) Introduction of K9 Ordinance authorizing Development 2008 COPCAB awards Officer Jamie Sturgill the Mayor to enter into regulation ordinances to a citizen and a Police 19"' - and his partner, a development for Tukwila South Department employee, M.L. King, Jr. Day Gino. agreement ,vith Unfinished Business: and year-end (Citlj offices closed) Unfinished Business: LaPianta, LLC for the . Development presentation Tukwila South project known as regulation development Tukwila South ordinances for agreement Special Issues: Tukwila South Ordinance authorizing . Ordinance the Mayor to enter into authorizing the a development Mayor to sign the agreement with Tukwila South LaPianta, LLC for the development project known as agreement TukwilaSouth 8th (Monda ) > Community Affairs & Parks Cmte, 5: 00 PM (CR #3) ~ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) 15th (Monda ~ Utilities Cmte, 5:00 PM (CR #/) ~ City Council Regular Mtg., 7:00 PM (Council Chambers) Upcoming Meetings & Events DECEMBER 2008 9th (Tuesda') > TraIb-portation Cmte, 5:00 PM (CR #/) ~ Highway 99 Action Cmte, 7:00 PM (Community Center) 16th (Tuesda ) "T Finance & Safety Cmte, 5 :00 PM (CR #3) 10th (Wednesda .) ;.:. Planning Commission (Work Session on the Shoreline Master Program), 6:00 PM (Council Chambers) I 17th (Wednesdav) ~ Crime Hot Spots Task Force Mtg., 10:00 AM (CR #5) ~ Parks Commission, 5:30 PM (Community Center) ~ Library Adyisory Board, 7 :00 PM (Community Center) PlEASE NOTE SPECIAL MEETING LOCATION. 11th (Thursda 13th (Saturday) Council Coffee Chat 10:00 AM to 12:00 NOON at Starbucks (13038 /ntentrban Ave) Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. SU1'\'DAY, DEC. 14 Rainier Symphony performs with the Northwest University Chorale 3:00 PM Foster Peiforming Arts Center www.rainiersymphony. org or call 206-781-5618 I 20th (Saturdav > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ~ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ~ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 PM, Cont. Room #3. Agenda items for /2/8/08 meeting: (A) Cascade Land Conservancy membership. (B) Contract extension for Commercial Development Solutions. (C) Impact fee ordinances for Fire and Parks. ~ Finance & Safety Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #3. > Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tubvila Community Center. Contact Chief Dave Haynes at 206-433-/812. ~ Planning CommissionIBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Noy. & Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynella Bivens at 206-43/-3670. ~ Transportation Committee: 2nd & 4th Tues., 5:00 PM, Cont. Room #1. Agenda item for /2/9/08 meeting: (A) Walk and Roll Plan (Non-motorized Transportation Plan) ordinance. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. >- Planning Commission (Work Session on the Shoreline Master Program at 6:00 PM and Public Hearing at 7:00 PM) (Council Chambers) 18th (Thursdav) >- Domestic Violence Task Foree, 12:00 NOON (CR #5) 19th (Friday) I I > Tubyila Historical Society, 7:00PM (George Long facility)