HomeMy WebLinkAboutCOW 2007-02-26 COMPLETE AGENDA PACKET ►w qs Tukwila City Council Agenda
RD, z. COMMITTEE OF THE WHOLE
o Steven M. Mullet Mayor Councilmembers: Joe Duffie Joan Hernandez
--4,8495
t Rhonda Berry, City Administrator Pam Carter Jim Haggerton
1908 Verna Griffin, Council President Pamela Linder Dennis Robertson
Monday, February 26, 2007; 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL a. Oath of office administered to:
PRESENTATIONS Ken Hernandez, Tukwila Police lateral hire.
b. Economic analysis of the real estate market along
Tukwila International Boulevard;
Matthew Gardner, consulting firm of Gardner- Johnson.
c. Fundamentals of Local Improvement Districts;
Hugh Spitzer, Bond Counsel, Foster Pepper PLLC.
3. CITIZEN At this time, you are invited to comment on items not included
COMMENT on this agenda (please limit your comments to five minutes per
citizen). To comment on an item listed on this agenda, please save
your comments until the issue is presented for discussion.
4. SPECIAL a. Draft amendment to interlocal agreement with King County Pg. 3
ISSUES for animal control services.
b. Interlocal agreement with SeaTac and Des Moines for Pg.19
Minor Home Repair Program.
c. Sole source Central Control System purchase for Pg.27
Foster Golf Links.
d. Concurrency Test Fee and Traffic Impact Fees. Pg.35
e. Contract with M. J. Durkan for 2007 lobbying services. Pg.57
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 with advance notice
to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER 07-023 I ORIGINALAGENDADATE: FEBRUARY 26, 2007
AGENDA ITEM TITLE Interlocal Agreement with King County regarding Animal Services and Programs
CATEGORY Discussion Motion Resolution Ordinam Bid Auund Public Hearing Other
MtgDate Mtg Date3 /5/ 07 MtgDate MtgDate MtgDate MtgDate MtgDate
SPONSOR Council Mayor AdmSus DCD Finanx Fire Legal P6- R Police PW
SPONSOR'S Proposed Amendment to Interlocal Agreement with King County regarding Animal Services
STJMMARY and Programs
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm
DATE: 2/20/07
RE COMME NDATIONS:
SPONSOR/ADMIN. Review and forward to Regular meeting
COMBIIrIhE Unanimous approval; Forward to Cora of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$Not to exceed $35,000 /yr
Fund Source: 000.50
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
I 02/26/07 1 1
I 1 1
MTG. DATE ATTACHMENTS
2/26/07 1 Memo from Mayor's Office to Council
1 Interlocal Services Agreement
Pertinent sections of RCW, King Co Animal Control Regulations, and the TMC
1 Finance Safety Committee minutes of 2/20/07
03/05/07
1
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l 6200 SouthcenterBoulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor
1908
MEMORANDUM
TO: Finance and Safety Committee
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FROM: Mayor's Office (rA
L, J� j
DATE: Febrmry 13,2007
SUBJECT: Interlocal Services Agreement
King County Animal Services and Programs
Attached for committee review is an amendment to the interlocal agreement between the
City of Tukwila and King County regarding animal control services and programs.
As requested at the Feburary 5 committee meeting, a few changes have been
incorporated into the amendment: 1) Section 1C now provides for a general monthly
calendar in advance;2) Section 2 specifies a not -to- exceed contract dollar amount; and 3)
Section 6 more clearly states which interlocal is effective should the amendment be
terminated.
Other changes the committee requested were not incorporated into the contract, and Al
Dams from King County Animal Control will be present at the meeting to explain why it
would not be prudent to make those changes. Also, Mr. Dams will explain reporting
relationships and how performance appraisals and disciplinary actions would be handled.
Staff requests that the committee review the draft interlocal and forward to COW for
consideration.
Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us
LNTERLOCAL SERVICES AGREEMENT AMENDMENT
Between the City of Tukwila and
King County Regarding Animal Services and Programs
This is an Amendment to the standing Interlocal Agreement between the City of Tukwila and
King County. The Amendment is for supplemental animal control services between the City of
Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as the
"City" and King County, a home -rule charter county, a political subdivision of the State of
Washington, hereinafter referred to as the "County
WHEREAS, the City and County entered into an Interlocal Agreement dated December 15,
1993 "Interlocal Agreement relating to the provision of animal control services within the
City; and
WHEREAS, the City and County wish to amend the Interlocal Agreement to enable the County
to provide the City with additional animal control services;
NOW, in consideration of mutual covenants, the City and County hereby agree to amend the
Interlocal Agreement as follows:
Section 1. Service Obligation.
A. The County shall provide supplemental animal control services in the fomi of an
additional animal control officer dedicated to the City for special emphasis on, but
not limited to, off -leash violations, barking dog complaints, potentially dangerous
dogs, and to provide special presentations at community events such as the
Backyard Wildlife Habitat Fair and Tukwila Days. The scheduling of these
supplemental services will be determined by mutual agreement of the contract
administrators of this Amendment.
B. The additional animal control officer will be stationed within the City limits to
respond to specific calls for service, perform routine patrols, communicate with
the contract administrator, and handle other related tasks as agreed to by the
contract administrators of this Amendment.
C. The County shall provide the City, in advance, with a general monthly calendar of
scheduled services in Tukwila, and a quarterly report of the supplemental hours
worked and services performed.
Section 2. Compensation. In consideration for the supplemental services provided by
the County as set forth herein, the City agrees to pay the County for the hours of animal control
officer work at the rate of $30/hour, not to exceed $35,000 a year.
Section 3. Contract Administrators. For purposes of these supplemental services, the
contract administrators shall be the City Administrator or a designee and the King County
Animal Services and Programs Manager or designee.
Section 4. Other Portions of the Agreement Unaffected. Except as specifically stated
herein, all other portions of the Interlocal Agreement shall remain in place and are unaffected by
this Amendment.
Section 5. Previous Amendments. All previous amendments to the Interlocal
Agreement are terminated.
Section 6. Termination of Supplemental Services. With or without cause, the County
or City may revert back to the original terms of the December 15, 1993 Interlocal Agreement, by
providing thirty days written notice to the other party of termination of these supplemental
services.
Section 7. No Third Party Beneficiaries. The Interlocal Agreement and this
Amendment have been entered into for the sole benefit of the City and County. Nothing in the
Interlocal Agreement or this Amendment is intended to create any rights for or obligations owing
to third parties.
Section 8. Effective Date. This Amendment shall be effective upon the date last signed
below.
IN WITNESS WHEREOF, the parties have executed this agreement.
CITY OF TUKWILA KING COUNTY
Steven M. Mullet Date: Ron Sims Date:
Mayor King County Executive
Approved as to form: Approved as to form:
City Attorney Date: Deputy Prosecuting Attorney Date:
W: wpadmin /mayorsofficecontracts /2007ani malcontrolv2
RCW 16.08.030: Marauding dog Duty of owner to kill. Page 1 of 1
RCW 16.08.030
Marauding dog Duty of owner to kill.
It shall be the duty of any person owning or keeping any dog or dogs which shall be found killing any domestic animal to
kill such dog or dogs within forty -eight hours after being notified of that fact, and any person failing or neglecting to
comply with the provisions of this section shall be deemed guilty of a misdemeanor, and it shall be the duty of the sheriff
or any deputy sheriff to kill any dog found running at large (after the first day of August of any year and before the first
day of March in the following year) without a metal identification tag.
[1929 c 198 7; RRS 3108. Prior: 1919 c 6 7; 1917 c 161 7; RCS 3108.]
http:// apps .leg.wa.gov /RCW /default.aspx ?cite 16.08.030 2/23/2007
Chapter 16.08 RCW: Dogs (formerly dangerous dogs) Page 1 of 1
16.08.070
Dangerous dogs and related definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 16.08.070 through
16.08.100.
(1) "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic
animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any
public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or
disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or
domestic animals.
(2) "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or
private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been
previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of
such and the dog again aggressively bites, attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple
sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog shall be securely
confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children
and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and
shall also provide protection from the elements for the dog.
(5) "Animal control authority" means an entity acting alone or in concert with other local governmental units for
enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.
(6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control
authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the
licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law
enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and
impoundment of any animal.
(7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having
an interest in, or having control or custody of an animal.
[2002 c 244 1; 1987 c 94 1.]
Notes:
Severability -1987 c 94: "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected." [1987 c 94 6.]
http:// apps.leg.wa.gov /rcw /default.aspx ?cite 16.08 &full =true 2/23/2007
(King County 12 -2002)
ANIMAL CONTROL REGULATIONS 11.04.270 11.04.290
B. FORM OF APPEAL. Any person entitled to service under Section 11.04.260 B may appeal from
any notice and order or any action of the director of the animal control authority under this chapter by filing at
the office of the director of the animal control authority within fourteen days from the date of the service of
such order, a written appeal containing:
1. A heading in the words: "Before the Board of Appeals of the County of King";
2. A caption reading: "Appeal of giving the names of all appellants participating in the
appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the animal
involved in the notice and order;
4. A brief statement in concise language of the specific order or action protested, together with
any material facts claimed to support the contentions of the appellant;
5. A brief statement in concise language of the relief sought, and the reasons why it is claimed
the protested order or action should be reversed, modified, or otherwise set aside;
6. The signatures of all parties' names as appellants, and their official mailing addresses;
7. The verification (by declaration under penalty of perjury) of at least one appellant as to the
truth of the matters stated in the appeal.
C. SCHEDULING AND NOTICING APPEAL. The board of appeals shall set a time and place, not
more than thirty days from such notice of appeal for hearing thereon. Written notice of the time and place of
hearing shall be given at least ten days prior to the date of the hearing to each appellant by the
manager -clerk of the board.
D. At the hearing, the appellant shall be entitled to appear in person and be represented by counsel
and offer such evidence pertinent and material to the action of the director. Only those matters or issues
specifically raised by the appellant in the written notice of appeal shall be considered.
E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of
his right to an administrative hearing.
F. Enforcement of any notice and order of the director of the animal control authority issued under
this chapter shall be stayed during the pending of an appeal, except impoundment of an animal which is
vicious or dangerous or cruelly treated. (Ord. 1396 Art. III 10, 1972).
11.04.280 Redemption procedures. Any animal impounded pursuant to the provisions of Section
11.04.210 may be redeemed upon payment of the redemption fee as provided in Section 11.04.035.
Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense but
shall be charged on the second offense at the second offense rate. An additional kenneling fee for each
twenty- four -hour period, or portion thereof, during which such dog or cat is retained by the impounding
agency shall be made payable to the county. The redemption fee for livestock shall be as provided in
Section 11.04.035 plus any hauling and boarding costs due. Livestock not redeemed may be sold at public
auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in
accordance with the rate established by contract between the county and the given stock yard used for
holding such animal. (Ord. 10168 8, 1991: Ord. 7861 2, 1986: Ord. 6702 2, 1984: Ord. 6370 10,
1983: Ord. 6243 2, 1982: Ord. 4610 6, 1979: Ord. 3980 2, 1978: Ord. 2428 13, 1975: Ord. 1396
Art. III 11, 1972).
11.04.290 Corrective action Vicious animals.
A. Vicious animals.
-i
11.04.290 ANIMAL CONTROL
1. An animal, declared by the director to be vicious pursuant to the definition in this chapter,
may be kept, harbored or maintained in King County only upon compliance with those requirements
prescribed by the director.
In prescribing these requirements, the director must take into consideration the following factors:
a. The breed of the animal and its characteristics;
b. The physical size of the animal;
c. The number of animals in the owner's home;
d. The zoning involved; size of the lot where the animal resides; the number and proximity of
neighbors;
e. The existing control factors, including but not limited to fencing, caging, runs, staking
locations;
f. The nature of the behavior giving rise to the director's determination that the animal is
vicious:
(1) extent of injury(ies);
(2) circumstance, e.g., time of day, on /off property, provocation instinct;
(3) circumstances surrounding the result and complaint, e.g. neighborhood disputes,
identification, credibility of complainants and witnesses.
2. Requirements which may be prescribed include, but are not limited to the following:
a. Erection of additional or new fencing adequate to keep the animal within the confines of its
property;
b. Construction of a run within which the animal is to be kept. Dimensions of the run will be
consistent with the size of the animal;
c. Keeping the animal on a leash adequate to control the animal, the length and location to be
determined by the director. When unattended the leash must be securely fastened to a secure object;
d. Maintenance of the animal indoors at all times, except when personally controlled on a
leash adequate to control the animal by the owner or a competent person at least fifteen (15) years of age;
e. Removal of the animal from the county within forty -eight (48) hours from receipt of such
notice.
3. Failure to comply with any requirement prescribed by the director pursuant to Section
11.04.290 of this chapter constitutes a misdemeanor. Such animal shall not be kept in unincorporated King
County forty -eight hours after receiving written notice from the director. Such animal or animals found in
violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or
keeper of such animal(s) has no right to redeem such animal or animals.
B. Removal.
1. Any animal constituting a public nuisance as provided herein shall be abated and removed
from the county by the owner or by the director of the animal control authority, upon the receipt of three
notices and orders of violation by the owner in any one -year period; provided, however, that this removal
procedure shall not apply to the vicious animal removal procedure set out in Section 11.04.290 A.3 of this
chapter. Where it is established by record pursuant to this chapter and no finding was entered showing that
the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the
director of the animal control authority shall notify and direct the owner of the animal to abate or remove the
same from the county within ninety-six hours from the date of notice. If such animal is found to be within the
confines of King County after ninety-six hours have elapsed from the date of notice, the same shall be
abated and removed by the director of the animal control authority. Animals removed pursuant to the
provisions of this section shall be removed from King County or be subjected to euthanasia by the animal
control authority.
ANIMAL CONTROL REGULATIONS 11.04.290 11.04.340
2. Any dog or other animal which bites, attacks, or attempts to bite one or more persons two or
more times within a two -year period is declared to be a public nuisance and shall not be kept within
unincorporated King County forty -eight hours after receiving written notice from the director. Such animal or
animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and
the owner or keeper of such animal(s) has no right to redeem such dog or animal. (Ord. 7923 4, 1987:
Ord. 2428 14, 1975: Ord. 1396 Art. III 12, 1972).
11.04.300 Civil penalty and abatement costs Liability of owner. The civil penalty and the cost of
abatement are also personal obligations of the animal owner. The prosecuting attorney on behalf of King
County may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies.
(Ord. 1396 Art. III 13, 1972).
11.04.310 Costs of enforcement action. In addition to costs and disbursements provided for by
statute, the prevailing party in a collection action under this chapter may, in the court's discretion, be allowed
interest and a reasonable attorney's fee. The prosecuting attorney shall seek such costs, interest, and
reasonable attorney's fees on behalf of King County when the county is the prevailing party. (Ord. 1396 Art.
III 14, 1971).
11.04.320 Miscellaneous service charges. The King County animal control section is hereby
authorized to collect the following charges for animal control related services:
Lost or stolen license tag replacement $2.00
(Ord. 6370 11, 1983).
11.04.330 Additional rules and regulations. The animal control section is authorized to make and
enforce rules and regulations, not inconsistent with the provisions of this chapter, and it is unlawful to violate
or fail to comply with any of such rules and regulations. All of such rules and regulations shall be reduced to
writing and adopted pursuant to King County Code, Chapter 2.98. (Ord. 6370 12, 1983).
11.04.335 Waiver of fees and penalties. A. The director has the authority to waive licensing fees,
late licensing penalty fees, adoption fees, and redemption and sheltering fees, in whole or in part, when to
do so would further the goals of the animal control section and be in the public interest.
B. In determining whether a waiver should apply, the director must take into consideration the
following elements:
1. The reason the animal was impounded;
2. The reason or basis for the violation, the nature of the violation, the duration of the violation,
and the likelihood the violation will not recur;
3.The total amount of the fees charged as compared with the gravity of the violation;
4. The effect on the owner, the animal's welfare and the animal control section if the fee(s) or
penalties are not waived and no payment is received. (Ord. 10809 7, 1993: Ord. 7986 3, 1987).
11.04.340 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity
of the remaining portion of this chapter. (Ord. 6370 13, 1983).
(King County 6 -93)
TITLE 7 ANIMALS
2. Fail to remove the fecal matter deposited other remedies and penalties, the provisions of this
by his /her animal on public property, public chapter relating to dangerous dogs and potentially dm-
i easements, or private property of another before the gerous dogs shall apply;
owner leaves the immediate area where the fecal 9. Any domesticated animal which howls,
matter was deposited. yelps, whines, barks or makes other oral noises in
3. Fail to have in his /her possession such a manner as to disturb any person or neighbor
equipment such as a plastic bag or other means of hood to an unreasonable degree;
conveyance necessary to remove his /her animal's 10. Any domesticated animal which enters
fecal matter when said animal deposits fecal matter on upon another person's property without the permis-
public property, public easement or another's private sion of that person;
property. 11. Animals staked, tethered or kept on public
D. Animal show. Any animal show or exhibi- property without prior written consent of the County
tion held out of doors or in a public building must Animal Control Authority;
notify the Animal Control Authority and the City of 12. Animals on any public property not under
Tukwila at least 24 hours in advance of the event. control with a leash held by the owner or other com-
petent person;
(Ord. 2011 §1(part), 2003) 13. Animals kept, harbored or maintained and
known to have a contagious disease unless under the
7.04.080 Nuisance defined Violation treatment of a licensed veterinarian;
A. For purposes of this chapter, nuisances are vio- 14. Animals running in dog packs.
lations of this chapter and shall be defined as follows: B. Nuisance violations shall be subject to a civil
1. Any public nuisance relating to animal fine and enforcement necessary to abate the violation.
control known as common law or in equity jurispru- (Ord. 2011 §1(part), 2003)
dence;
2. Any animal running at large within the 7. 4.085 Dangerous and Potentially Dangerous
City; Dogs Registration, Prohibitions, Etc.
3. Any domesticated animal, whether A. It is unlawful for an owner to have a danger
licensed or not, which runs at large in any park, or ous dog or a potentially dangerous dog as defined in
enters any public playground or school ground. How- TMC 7.04.020, in the City without fulfilling the
ever, this subsection shall not prohibit a person from requirements of the City and of the Animal Control
walking or exercising an animal in a public park or on a Authority.
public beach when such animal is on a leash, tether or B. No potentially dangerous dog or dangerous dog
chain not to exceed eight feet in length. This subsection shall go unrestricted upon the premises of the owner.
shall not apply to any person using a trained, properly Further, no potentially dangerous or dangerous dog
licensed guide or service dog, or to animal shows, shall be kept on a porch, patio or in any part of a house
exhibitions or organized dog training classes. or structure which would allow such dog to exit the
4. Any animal which enters any place where building on its own volition.
food is stored, prepared, served or sold to the public, or C. All potentially dangerous and dangerous dogs
any other public building or hall. However, this sub shall be securely confined indoors or in a secure enclo-
section shall not apply to any person using a licensed sure. Such an enclosure can be a pen, dog run, or struc-
guide or service dog, to veterinary offices or hospitals, ture, suitable to prevent the entry of young children
businesses offering pet services, or to animal shows, and designed to prevent the animal from escaping.
exhibitions or organized dog- training classes. Such pen, structure or dog run shall have secure sides
5. A female domesticated animal, whether and a secure top. The sides of the enclosure shall not
licensed or not, while in heat, accessible to other directly adjoin a neighboring property. If the pen, struc-
animals for purposes other than controlled and planned ture or do g run area has no bottom secured to the sides,
breeding; the sides shall be embedded not less than two feet into
6. Any domesticated animal which chases, the ground. An enclosure with doors, windows, or
runs after, or jumps at vehicles using the public streets other openings enclosed solely by wire or mesh
and alleys; screening shall not be considered a proper enclosure as
7. Any domesticated animal which habitually defined in this section.
snaps, growls, snarls, jumps upon, or otherwise D. No person owning or harboring, or having the
threatens persons lawfully using the public sidewalks, care of, a potentially dangerous or dangerous dog shall'
streets, alleys other public ways. suffer or permit such dog to go beyond the premises of
8. Any animal which has exhibited vicious such person, unless such dog is securely muzzled in a
propensities and which constitutes a danger to the manner that will not cause injury to the dog but shall
safety of persons or property off his premises or law- prevent it from biting any person or animal; and is
fully on his premises; provided, that in addition to restrained with a chain having a minimum tensile
Printed May 2004 Page 7-5
TUKWILA MUNICIPAL CODE
strength of 300 pounds and not exceeding three feet in 1. The written complaint of a citizen who is
length. willing to. testify that the animal has acted in a manner
E. Any corrective actions available under King which causes it to fall within the definitions in TMC
County's Code 11.04.290 must be made as required by 7.04.020 H or Q; or
III
an animal control officer. 2. Dog bite reports filed with the Animal Con-
F. No person shall own or possess with intent to trol Authority; or
sell, or offer for sale, breed, or buy or attempt to buy 3. Actions of the dog witnessed by any ani-
within the City any potentially dangerous or dangerous mal control officer or law enforcement officer; or
dog. 4. A verified report that the animal previously
G. No person shall own or harbor any dog for the has been found to be either potentially dangerous or
purpose of dog fighting, or train, torment, badger, bait or dangerous by any Animal Control Authority; or
use any dog for the purposes of causing or encouraging 5. Other substantial evidence admissible in a
said dog to unprovoked attacks upon human beings or court of law.
domestic animals. B. Exception. Dogs shall not be declared danger
(Ord. 2011 §1(part), 2003) ous if the threat, injury or damage was sustained by a
person who, at the time, was committing a willful
7.04.087 Additional Dangerous Dog Regulations trespass or other tort upon the premises occupied by
Dangerous dogs which have been shown to be a the owner of the dog, or was tormenting, abusing or
particular threat to the health, safety and welfare of the assaulting the dog, or in the past has been observed or
community may be subject to additional dangerous dog reported to have tormented, abused or assaulted the
regulations as follows: dog, or was committing or attempting to commit a
1. A dog which has been declared dangerous crime.
may be removed and destroyed if the release of the C. Declaration, service to owner in writing.
dog would create a significant threat to the health, The declaration shall be in writing, and shall be served
safety, and welfare of the public. on the owner or keeper in one of the following
2. If it is determined that a dangerous dog methods:
shall not be removed or destroyed, Animal Control 1. Certified mail to the owner's or keeper's
shall impose any additional conditions upon the own- last known address; or
ership of the dog that protect the health, safety and 2. Personally delivered; or
welfare of the public. 3. Posting the notice of violation and order on
3. The owner of a dangerous dog that is not the front door of the living unit of the owner or person
removed and destroyed shall be required to have a with right to control the animal if said owner or person
surety bond issued by a surety insurer qualified under is not home; or
Chapter 48.28 RCW in a sum not less than $250,000 4. If the owner or keeper cannot be located
payable to a person injured by the dog; or a policy of by one of these methods, by publication in a news
liability insurance, such as homeowners's insurance, paper of general circulation.
issued by an insurer qualified under RCW Title 48 in The owner or keeper of any animal found to be a
the amount of at least $250,000, insuring the owner or potentially dangerous or dangerous dog under this sec
keeper for personal injuries inflicted by the dangerous tion shall be assessed all actual service costs expended
dog, with a certificate from the insurer providing for under this subsection.
written notice to the City within 30 days of cancella- D. Declaration, information required. The
tion, reduction of limits, or termination of coverage. declaration set forth in this section shall state at least:
4. A copy of the surety bond or liability insur- 1. A description of the animal;
ance policy shall be provided to the City before the 2. The name and address of the owner or
dangerous dog is.returned to Tukwila to live. keeper of the animal, if known;
(Ord. 2011 §'1(part), 2003) 3. The whereabouts of the animal if it is not
7.04.090 in the custody of the owner or keeper;
.04.090 Declaration of Dangerous and
4. The facts upon which the declaration is
Potentially Dangerous Dog based;
A. Provision for declaring dangerous and 5. The availability of a hearing in case the per
potentially- dangerous dogs. Based on an investiga- son objects to the declaration, if a request is made
tion, the Animal Control Authority may find and within 14 days.
declare an animal potentially dangerous or dangerous if 6. The restrictions placed on the animal as a
it has probable cause to believe that the animal falls result of the declaration; and
within the definitions set in TMC 7.04.020 1-1 or Q. For 7. The penalties for violation of the restric
the purposes of this chapter, the determination of prob- tions, including the possibility of destruction of the
able cause may include: animal, and imprisonment or fining of the owner or
keeper.
Pane 7 Printed May 2004
TITLE 7 ANIMALS
E. Declaration appeal procedure. If the owner alleviation of pain, suffering or injury he or she has so
or keeper of the animal wishes to contest the caused to any animal.
declaration, the following procedures shall apply: 3. Lay out or expose any kind of poison, or to
1. The owner or keeper shall, within 14 days leave exposed any poison food or drink for man,
of receipt of the declaration, or within 14 days of the animal or fowl, or any substance or fluid whatever or
publication of the declaration, or within 14 days of the wherein there is deposited or mingled any kind of
publication of the declaration pursuant to 7.04.090 C, poison, or poisonous or deadly substance or fluid
request a hearing from the King County Animal Con- whatever, on any premises or in any unenclosed
trol Authority Board of Appeals. Failing to exhaust this place, or to aid or abet any person in so doing, unless in
administrative appeal process shall be a bar to action in accordance with the provisions of RCW 16.52.190.
a court of law. Any appeal decision issued by the Board 4. Abandon any domestic animal by dropping
of Appeals can be appealed in Superior Court. off or leaving such animal on the street, road or high
2. If the Board of Appeals finds there is insuf- way, or in any other public place, or on the private
ficient evidence to support the declaration, it shall be property of another.
rescinded and the restrictions imposed thereby 5. Keep an animal in an enclosed vehicle
annulled. when the temperature inside the vehicle reaches 80 °F,
3. If the Board of Appeals finds sufficient and /or the animal appears to be in stress as a result of
evidence to support the declaration, then it shall be excessive heat or thirst.
affirmed. B. Any person may lawfully kill a dangerous
4. If Board of Appeals finds that the animal animal when a clear and present danger exists to his or
is not a potentially dangerous or dangerous dog, no her own self or to the public safety, and a record of
costs shall be assessed against the City or the Animal complaint against the animal has been filed with the
Control Authority or officer. Animal Control Authority.
(Ord. 2011 §1(part), 2003) (Ord. 2011 §I(part), 2003)
7.04.100 Declaration impoundment and 7.04.120 Enforcement authority
abatement A. The director of the Animal Control Authority
A. Impoundment. Following service of a declara- and his /her authorized animal control officers are
tion of potentially dangerous or dangerous dog, and authorized to take such lawful action as may be
pending appeal under TMC 7.04.090 D, the Animal required to enforce the provisions of this chapter and
Control Authority may, if circumstances require, the laws of the State as they pertain to animal cruelty,
impound the animal at the owner's or keeper's shelter, welfare, and enforcement of control.
expense, until the appeal to the Board of Appeals or a B. The director of the Animal Control Authority or
court of competent jurisdiction orders either its his/her authorized animal control officer shall not enter
redemption or destruction. a building designated for and used for private purposes,
B. Abatement. Any dog or other animal which unless the officer has reasonable cause to believe an
bites, attacks, or attempts to bite one or more persons animal is being maintained in the building in violation
two or more times within a two -year period is of this chapter.
declared to be a danger to public safety, and shall not be C. The director of the Animal Control Authority
kept within the City 48 hours after receipt of written and his /her authorized animal control officers, while
notice from the director or his authorized animal con- pursuing any animal observed by the officer to be in
trol officer. Such animal or animals found in violation of violation of this chapter, or during investigations for
this section will be impounded and disposed of as an unlicensed animals, may enter upon any public or
unredeemed animal, and the owner or keeper of such private property, except any building designated for and
animal(s) has no right to redeem such dog or animal. used for private purposes, for the purpose of abating the
(Ord. 2011 §1(part), 2003) animal violation being pursued or the licensing of
animals.
7.04.110 Cruelty to animals Unlawful D. No person shall deny, prevent, obstruct, or
A. It is unlawful for any person to: attempt to deny, prevent or obstruct an officer from
1. Willfully and cruelly inflict physical injury, pursuing any animal observed to be in violation of this
or to kill any animal by any means causing unneces- chapter. Further, no person shall fail or neglect, after a
sary fright, suffering or pain. proper warrant has been presented, to promptly permit
2. By reason of neglect or intent, fail to pro the director or his /her authorized animal control officer
vide the animal with necessary food, water, shelter, to enter private property to perform any duty imposed
rest, sanitation, ventilation, space or medical attention, by this chapter. Any person violating this subsection is
thereby causing or allowing any animal to endure pain, guilty of a misdemeanor.
suffering or injury; or to fail or neglect to aid or attempt
Printed May 2004 Page 7 -7
Finance Safety Committee
February 20, 2007 5:00 p.m.
Present: Jim Haggerton, Chair; Joan Hernandez and Pam Linder, Council members.
Rhonda Berry, City Administrator; Diane Jenkins, Administrative Assistant to the City
Council; and Al Dams, Assistant Manager, King County Animal Services.
Business Agenda
A. Contract with M. J. Durkan for 2007 lobbying services
Ms. Berry reviewed the revised contract with M.J. Durkan for 2007 lobbying services. A new
section on conflict of interest was added. This is pre emptive so that when new clients are added
it addresses what happens when there could be a possible conflict of interest. Mr. Haggerton
expressed his appreciation on the services provided by Mr. Durkan at the recent AWC legislative
conference. Unanimous approval. Forward to February 26 COW.
B. Draft contract for animal control services
Ms. Berry indicated that at the request of the committee members at the February 5 CAP
meeting, changes were incorporated. The changes are denoted on the margin of the contract.
She reviewed the changes. In Section 1C, it states that the city will be provided with a monthly
calendar; Section 2 specifies that the contract will not exceed $35,000 per year; and Section 6
clarifies how the contract will be terminated. Other items discussed were input into the
performance evaluation and the process to be used to express concerns with the services; if these
items were included in the contract, it may delay implementation of the contract. Ms. Berry
continued and explained the appeal process which would be used for enforcing Tukwila's
ordinance regarding dangerous dogs. Mr. Dams explained that the City's ordinance regarding
dangerous dogs (TMC 7.04.085) is different than King County's ordinance on vicious animals
(KC 11.04.290). Tukwila allows that a dog which is declared dangerous can be destroyed; this
cannot be done under King County ordinance. The dog can be removed. King County would
confine the animal based on the circumstances. If the situation warrants that the animal needs to
be euthanized, this would be governed under RCW 16.08.30, Marauding Dog Duty of Owner to
Kill. This RCW provides that it is the duty of a person to kill an animal within 48 hours after
notification otherwise they are deemed guilty of a misdemeanor. Tukwila's code is stronger.
Since there is a difference in the ordinances, if this action were taken, the process of appeals
would be done through Tukwila's municipal court process since King County Board of Appeals
cannot rule on a code other than King County. A citation would be issued through Tukwila.
Tukwila would not be able to access King County free legal service on this type of case; Tukwila
would have the benefit of legal service from King County on other animal control citations.
Ms. Berry noted that the animal control officer would be educated on this issue. Mr. Dams
referenced RCW 16.08.070, Dangerous Dogs and Related Definitions. If an order is placed in
King County, that order is valid throughout the State of Washington; the order follows the
animal. If they violate a removal order, it is unredeemable.
Ms. Linder described a problem that occurred that created problems with the neighbors when
differing information was shared with them. It is important that accurate infoiniation be shared.
Ms. Berry asked if King County maintained a database to know how many animals are licensed
to a residence. Mr. Dams replied that it does maintain a database.
Mr. Dams noted that there would be additional "boiler plate" language added to the contract.
Ms. Berry related that this contract would be presented at the Committee of the Whole and entire
contract presented at the regular council meeting.
N.
Minutes Finance Safety Committee 2
February 20, 2007
Ms. Hernandez asked where the animal control officer would be housed. Ms. Berry indicated
that he /she would be housed at either the police department or code enforcement. Mr. Dams
pointed out that this is a pilot program; if enough cities participate, a full -time animal control
officer would be hired. The contract would be increased in order to cover benefits. The contract
is being fulfilled with part-time seasonal employees. A full -time officer would provide greater
stability and more familiarity with the cities. Unanimous approval to forward to February 26
Committee of the Whole meeting.
Adjournment: 6:00 p.m.
Committee Chair Approval
i utes by DJ.
COUNCIL AGENDA SYNOPSIS
lc Op. Initials ITEM NO.
N ��1 1 tlleetin Date Prepared by illayor review Council review
„Iv r 02/26/07 1 EB AAL-R AZ')
rsoa
ITEM INFORMATION
CAS NUMBER: 07-024 I ORIGNAL AGENDA DATE: 2/26/07
AGENDA II'EM TITLE Interlocal agreement between City of SeaTac, Des Moines and Tukwila for Joint
Minor Home Repair program.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 2/26/07 lbitg Date 3/5/07 Mtg Date Mtg Date AN Date if g Date lItg Date
SPONSOR Council Mayor Adni Svcs DCD Finance Fire Legal P&R Police PIV I
SPONSOR'S City Council must authorize the Mayor's signature on the interlocal agreement between
SUMMARY the cities of SeaTac, Des Moines and Tukwila for planning, funding and implementing a
joint minor home repair program in 2007.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/13/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign agreement
COMMIrrEE Unanimous approval; forward to COW
COST=IMP FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: COMMUNITY DEVELOPMENT BLOCK GRANT
Cc °mments:
MTG. DAT-E RECORD OF COUNCIL ACTION
2/26/07
I
I MTG. DATE ATTACHMENTS
2/26/07 Interlocal agreement
Draft Community Affairs and Parks Committee minutes of 2/13/07
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SEATAC, DES MOINES, AND THE CITY OF TUKWILA FOR
PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT
MINOR HOME REPAIR PROGRAM IN 2007
THIS INTERLOCAL AGREEMENT "Interlocal is entered into pursuant to
Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac "SeaTac
the City of Des Moines "Des Moines and the City of Tukwila "Tukwila hereinafter
referred to as "City" or "Cities," to provide for planning, funding, and implementation of
a minor home repair program.
WHEREAS, the Cities engage in activities which support human service
providers in King County; and
WHEREAS, the Cities wish to make the most efficient use of their resources by
g provide funding support providers King cooperating p eratin to ide fundin to su ort human service roviders in south Kin County;
and
WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the
Cities have the authority to engage in cooperative efforts that will result in more efficient
use of government resources;
NOW, THEREFORE, and in consideration of the terms, conditions, and
performances made herein, it is agreed as follows:
1. Purpose The purpose of this Interlocal is to set up a cooperative arrangement
between the Cities to consolidate the human services application and funding process for
a minor home repair program. This Interlocal will increase the efficiency of
administering the program while decreasing administrative costs.
2. Responsibilities
A. Tukwila's Duties
1) Contract and act as the fiscal and administrative agent with King
County for the implementation of a Block Grant for a minor home repair program for Des
Moines, Tukwila and SeaTac, as detailed in Exhibit "A."
2) Maintain required documentation and prepare required reports for
King County consistent with the County's requirements regarding the use of Community
Development Block Grant funds.
3) Maintain accounts and records that properly reflect transactions related
to this Interlocal.
4) Responsible for all monies paid pursuant to this Interlocal.
Joint Human Services Application and Funding MOU
Page 1 of 5
5) Responsible for the implementation of the minor home repair program
within Tukwila in accordance with terms specified in the Block Grant contract between
Tukwila and King County.
6) Review and pay invoices for any services performed in Tukwila
pursuant to this Interlocal.
7) Reimburse SeaTac and Des Moines on a monthly basis for any
invoices received pursuant to this Interlocal.
B. SeaTac's Duties
1) Responsible for the implementation of the minor home repair program
within SeaTac in accordance with terms specified in the Block Grant contract between
Tukwila and King County.
2) Review and pay invoices for any services performed in SeaTac
pursuant to this Interlocal.
3) Remit invoices to Tukwila for reimbursement.
C. Des Moines' Duties
1) Responsible for the implementation of the minor home repair program
within Des Moines in accordance with terms specified in the Block Grant contract
between Tukwila and King County.
2) Review and pay invoices for any services performed in Des Moines
pursuant to this Interlocal.
3) Remit invoices to Tukwila for reimbursement
D. Cities' Joint Duties
1) Subcontract with an agency /contractors that will perform qualified home
repairs in Tukwila, SeaTac, and Des Moines in accordance with King County's Block
Grant program.
2) No City shall use more funds than have been agreed upon as referenced
in Exhibit A. However, if the respective city is unable to spend the funds agreed upon by
the 3 quarter of 2007, the Cities may mutually agree to shift funds to another city that
has on -going demand for minor home repair.
3. Duration. This Interlocal shall become effective when it is approved by the
Cities and shall remain in effect through December 31, 2007.
4. Termination. Any City may teiininate this Interlocal without cause by giving
the other Cities a thirty -day written notice. The terminating City shall remain fully
Interlocal agreement for Minor home repair
Page2of5
responsible for meeting its funding responsibilities and other obligations established by
this Interlocal through the end of the calendar year in which such notice is given.
5. Notices. Notices to the Cities shall be sent to the following persons:
City Contact
SeaTac Human Services Coordinator, currently Colleen Brandt Schluter
4800 S. 188 Street, SeaTac, WA 98188
206 973 -4815; cbschluter @ci.seatac.wa.us
Des Moines Code Enforcement Officer, currently Nancy Uhrich
21630 11 Ave. S., Suite D, Des Moines, WA 98198 -6398
206 870 -6558; nuhrich @desmoineswa.gov
Tukwila Human Services Manager, currently Evelyn Boykan
6200 Southcenter Blvd, Tukwila, WA 98188
206- 433 -7180 eboykan @ci.tukwila.wa.us
6. Indemnification
Each City agrees to indemnify the other City from any claims, damages, losses,
and costs, including, but not limited to, attorney's fees and litigation costs arising out of
claims by third parties for breach of contract, property damage, and bodily injury,
including death, caused solely by the negligence or willful misconduct of such City, the
City's employees, affiliated corporations, officers, and lower tier subcontractors in
connection with this Interlocal.
Each City hereby waives its immunity under Title 51 of the Revised Code of
Washington for claims of any type brought by any City agent or employee against the
other City. This waiver is specifically negotiated by the parties and a portion of the
City's payment hereunder is expressly made the consideration for this waiver.
7. Insurance. Each City shall procure and maintain in full force throughout the
duration of the Interlocal comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self insured cities, the City
shall provide proof of such membership in lieu of the insurance requirement above. Such
self insurance shall provide coverage equal to or greater than that required of non -self
insurance pool member Cities.
8. Annlicable Law: Venue: Attorney's Fees. This Interlocal shall be governed
by and construed in accordance with the laws of the State of Washington. In the event
Interlocal agreement for Minor home repair
Page 3 of 5
any suit, arbitration, or other proceeding is instituted to enforce any term of this
Interlocal, the cities specifically understand and agree that venue shall be exclusively in
King County, Washington.
9. Counterparts. This document may be executed in any number of counterparts,
each of which shall be considered an original.
10. Amendment or Modification. This Interlocal may be amended or modified in
writing with the mutual consent of the Cities.
IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of
this Ltfh day of The b 2006.
CITY OF SEATAC CITY OF TUKWILA
By: By:
Craig War\i, City Manager Steven M. Mullet, Mayor
Date: (btO Date:
Attest: Attest:
[Printed Namel [Printed Namel
Title: Title:
Approved As To Form: Approved As To Form:
Ma
Mary Mi>Rte- Bartolo, City Attorney Shelley M. Kerslake, City Attorney
CITY OF DES MOINES
By:
Tony Piasecki, City Manager
Date:
Attest:
[Printed Namel
Title:
Appry AsToF••
r
Richard Brown, Assistant City Attorney
Interlocal agreement for Minor home repair
Pale 4 of 5
EXHIBIT A
to
Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint
Minor Home Repair Program
CALENDAR YEAR 2007
Name of Agencies 1 Participating Cities Tentative Funding
HomeTask.com, Total Home Tukwila Lead City $22,668
Improvement and qualified contractors Des Moines $17,666
SeaTac $24,666
TOTAL $65,000
Interlocal agreement for Minor home repair
Page 5 of 5
Community Affairs and Parks Committee
Minutes
February 13, 2007 5:00 p.m.
Present: Pam Linder, Chair; Verna Griffith and Pam Carter, Council Members;
Evelyn Boykan, Program Manager, Human Services; Jack Pace, Deputy Director, Department
of Community Development (DCD); Minnie Dhaliwal, Senior Planner, DCD; Moira
Bradshaw, Senior Planner, DCD; Rick Still, Deputy Director, P& R; Diane Gallegos, Habitat
for Humanity of Seattle /South King County; Mon Wig, Wig Properties; Leshya Wig, Wig
Properties; Chuck Parrish, Community Member and Wynetta Bivens
Business Agenda
A. Interlocal agreement with SeaTac and Des Moines to implement a minor home repair program
for 2007
Ms. Boykan gave an overview of the Minor Home Repair program, which is for low to moderate
income residents. The funding for this program will be allocated from the Community Development
Block Grant funds, which was awarded to the City by King County. The implementation of this
program will be a joint effort between the City of Tukwila, SeaTac, and Des Moines. Eligible
homeowners who live in either of these Cities may receive approximately $1,500 in repairs in one
calendar year, for minor home repairs. They can be subsidized up to $5,000 over a ten year period.
The City has contracted with Home Task and Total Home Improvement to do the repairs. Ms.
Boykan is seeking approval on the Interlocal Agreement between the three Cities. Forward to
Committee of the Whole on February 26 with unanimous approval.
B. Southcenter Square street naming
Moira Bradshaw returned with this item regarding the alternative name of "Wig" in the street title, as
staff was directed, for additional discussion. Ms. Linder, who was not present when this item was
discussed at the January 23 meeting, indicated she has reviewed and agrees with the minutes. Ms.
Griffith, who also was not present, said she is ok with the minutes. Ms. Carter was in favor of
naming one street Ed Bauch. She brought up the idea of a "name bank" for future street naming. Ms.
Linder was not in favor of the "name bank." Ms. Linder asked Mr. Wig which street he preferred to
name "Wig Drive Mr. Wig replied his preference is the street on the north end. The committee
recommended naming the street located on the north end "Wig Drive Ms. Linder suggested that the
Council make the decision for naming the second street either Ed Bauch or Mae Harris. There was
discussion on the Fire Marshall's role in assigning street addresses and street names. Ms. Bradshaw
clarified that the Fire Marshall assigns street addresses only. It was suggested that Wally Rant's name
is considered for future reference when assigning street names. Forward recommendation to
Committee of the Whole for approval of "Wig Drive" and a decision for the second street.
C. Disposition of surplus property to Habitat for Humanity
The property owned by the City, located at 12230 43 Ave. South is no longer needed by the City.
The City is interested in declaring the property as surplus and offering it to the Habitat for Humanity
of Seattle /South King County. Diane Gallegos, Representative for Habitat for Humanity of
Seattle /South King County, gave an overview of the Agency's processes, requirements, and other
projects undertaken by them. The Agency is excited at the prospect of receiving the property from the
City and taking on another project. The committee expressed their excitement and support. Pam
Linder requested that the Peterson Hall sign on the property is retained. Rick Still said that the sign is
currently displayed at the Tukwila Community Center.
The variance procedure will need to be followed to develop this 3,000 sq. ft. lot. On March 5` a
public hearing will be held to decide on the moratorium and code clarification for allowing
COUNCIL AGENDA SYNOPSIS
k J ti Initials ITEM NO.
1 i
.ko o Meeting Date Prepared by Mayor's review 1 C ancilreview 1
o 1 02/26/07 I RS I AAL -e" 1 1 4.
is feA 03/05/07
A
1TE M INFORMATION
1 CAS NUMBER: 07-025 I ORIGINAL AGENDA DATE: 02/26/07
AGENDA ITEM TITLE Sole Source Golf Irrigation Central Control System Purchase
CATEGORY Discussion Motion Resolution Ordinance Bid Award PublicHeanng Other
Mtg Date 02/26/07 Mtg Date Mtg Date 03/05/07 IvItg Date lbltg Date ltiitg Date lltg Date
SPONSOR Council Mayor Actin Svcs DCD Finance Fire Legal P &R Police Ply' I
SPONSOR'S Foster Golf Links currently uses an automated irrigation system. A Central Control System
SUMMARY uses a computer to read the weather station data and to operate the automated system,
applying the correct amount of water needed for the turf for that particular day. The Rain
Bird Nimbus II Central Control System is the only system that is compatible with the
current irrigation system and there is only one vendor who can provide the System,
thereby making this a sole source purchase.
RLVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: CA &P 02/13/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve sole source Central Control System purchase.
COMMIT EE Approve sole source Central Control System purchase.
COSTWPACTriFFUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$32,018.43 $35,000.00 $N /A
Fund Source: BUDGET NUMBER 411.00.594.760.64.05
Comments:
MTG =DATE I RECORD OF COUNCIL ACTION
1 2/26/07 1 I
MTG DATE I ATTACHMENTS
02/26/07 Memo from R. Still, dated 02/05/07
Draft Sole Source Resolution
1 I Community Affairs and Parks Committee minutes date 02/13/07 (Draft)
03/05/07 1
I I
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: ick Still, Deputy Director of Parks Recreation
DATE: February 5, 2007
SUBJECT: Sole Source Central Control System Purchase Foster Golf Links
BACKGROUND
Foster Golf Links 2007 CIP budget includes $35,000 for the purchase of an irrigation
computerized Central Control System. The Foster Golf Links utilizes an automated
irrigation system to keep the course's turf healthy and green. The irrigation controller
system is set manually based upon the expertise of the Golf Maintenance Supervisor and
estimates from the golf course's weather station. The system is limited in setting the
frequency, duration, and cycling of the amount of water used. The entire golf course
cannot currently be watered in one night.
DISCUSSION
The proposed irrigation computerized Central Control System will utilize the weather
station data to put the correct amount of water needed for the various types of turf (greens
and tees, fairways and roughs) based upon the temperature, humidity, wind, and
evaporation rate. It will be possible to water the entire golf course in one night. The
computer can cycle back through different areas (or controller stations) that have
different saturation rates. An example of this would be a green that has a steep hill on it.
The hill doesn't get enough water while the lower area gets too much water causing a
puddle. By cycling through the station, the desired thirty minutes of water may be done in
three ten minute watering cycles. This allows the water to soak into the ground before the
next application is applied.
The Rain Bird Nimbus II irrigation computerized Central Control System is the only
system that operates with our current weather station, irrigation controllers (clocks) and
irrigation valves. The Nimbus II system includes:
Course Monitor screen shows a graphical real -time view of the course with the
ability to monitor activities at a glance.
RainWatch that suspends irrigation while simultaneously measuring the amount of
rain that is falling to determine if the turf needs more water that night.
Flo Graph allows visibility of real -time graphics of water used and pump
activations.
Flo Manager balances system demand at maximum capacity with the efficiency of
pump station and delivery network.
Virtual Weather provides Rain Bird the ability to generate the evapotranspiration
(ET) rates from the Weather Station [wind, humidity, temperature, solar radiation
and rainfall].
Minimum ET uses environmental conditions to promote healthier turf by provide
the proper amount of water needed by the plant (grass).
Cycle Soak works with Flo- Manager to achieve maximum efficiency and
conservation.
Water bud2etina allows you to react to changing conditions with ease or to reduce
the amount of water used.
Smart Pump software links our pump station to the Central Control System
providing real time communication and optimizing the irrigation cycle and reducing
g p g g Y g
wear and tear on the pump.
Smart Sensors stop a valve from operation if there is too much water flow (broken
head or line) and sends an alert for the staff as needed repair for the next day.
Rain Bird FREEDOM allows handheld two -way radio communication with Nimbus
II to stop, start or continue water application. This allows staff to turn on and off the
system to work on it during the day in between golfers walking by a certain area.
In addition to the computer system and software, this project includes purchasing
irrigation controllers need to be upgraded. This is simply done with a 'Retro Kit' that just
change the face plate instead of purchasing all new hardware for the controllers.
Another part of the system's purchase identified above is the Rain Bird FREEDOM. This
is a two -way radio that allows our staff to perform maintenance work throughout the
course without having to physically turn on or off the clocks manually. The advantage of
this is there can be 400 yards between where a repair may be need and the clock. With
the two -way radio, a staff member doesn't have to drive over to the clock to do a quick
line clearing flush of the irrigation line or head that they are working on.
SOLE SOURCE
The Rain Bird Nimbus II irrigation computerized Central Control System is the only
system that operates with our current weather station, irrigation controllers (clocks) and
irrigation valves. The Rain Bird Company only distributes their irrigation computerized
Central Control System products through Horizon Irrigation stores. The Renton Horizon
Irrigation store territory includes the City of Tukwila. This is the only store that we can
make the purchase from and the only product that can operate our system. Therefore, the
Rain Bird Nimbus II irrigation computerized Central Control System is the only system
that operates with our current weather station, irrigation controllers (clocks) and irrigation
valves.
Please see the attached Horizon Irrigation Bid of $32,018.43, including tax, and a
Resolution that authorizes the Sole Source purchase of the Nimbus II Computerized
Irrigation System from Horizon Irrigation, Renton, Washington.
Cc: Rhonda Berry, City Administrator
Kevin Fuhrer, Finance Director
Shelley Kerslake, City Attorney
Document, Order Acknowledgement Quote Order Invoice Date ORDER
000000 11112506-00
Cost 20257 PO Date PO Page 0
02Y07/07 Nimbosll Upgrade
Bill To' Tukwila City of Correspondence To: REMIT PAYMENTS TO:
6200 S. Center Blvd HORIZON
P.U. BOX 52758
Tukwila, AA 98188 PHOENIX, AZ 85072-2758
Ship To: Faster Golf Links Instructions
135W0 Interurban South
Ship Point Via Shipped Torts
Tukwila NA 98168 Tacoma 253-581-4018 Will Call 2% 10th/NFDN
Product Quantity Quantity Quantity Qty. Price Net
Ln# And Description Ordered D.O. Shipped UM UM 1%:::t Extended
*a****a**a**a****aaa***a*a********a****a*a*oaa*XXIx**a****a*
Upgrade package includes:
Nimbxs[l Software on CD-ROM
DELL Computer Assy.
PcAnywhore Software Antivirus
Heather Freedom Modules
One Year GSP
Certified Start Up (roq for warranty)
On-site programming
On-site training
On-site computer setup
a*
1 H52030-01 each oAch 10270.2000 10270.20
Maxi5 to Nimhusll Upgrd w/ DELL Comp lyr GSP
includes Certified Start Up and Programmign Training
2 parF'4rptro 4 each each 1235,0W00 4940.00
RainBind PAR24 Retro Kit
3 parl6twretro 3 each each 845.0000 2535.00
RainBird 16 sta retrofit PAR controller
4 rb63207901 J each each 969.7500 2909.25
CONTROL MOD SUB-ASSY PAR
5 rh63206301 3 each each 96.7500 290.25
Rainbird xfmr-coon a»sy PAR 110v
H59503 ech each 6831.0000 6831.00
FREEDOM SYSTEM
7 9#1100 1 each each 81.8000 81.00
POLYPHAS[R SURGE PROTECTOR
8 rtk3180 1 each each 795.80t0 795.00
KEfWOOD FRFF0OM RADIO INCLUDES CHARGER
9 RFL 1 each each 777.0000 777.00
Radio Froox*ncy License
3 Lines Total rIty Shipped Total 18 Total 29428.70
Taxes 2589,73
This quote is for estimating purposes only. Quantities may vary.
Bid valid for 30 days only.
Contisd I r r i g a t i o n E q u i p m e n t L i g h t i n g F e r t i l i z e r
w/ w u r z o n o n n e c o m
Dm�mm�� Order Acknowledgement Quote Order Invoice Date ORDER
00-0000 11112506-00
Cust 20257 PO DA±o PO Page
02/07/07 NiwbuaII Upgrade 2
Dill To: Tukwila City of Correspondence To: REMIT PAYMENTS TO:
6200 S. Center Blvd HORIZON
P.O. BOX 52758
Tukwila HA 98188 PHOENIX, AZ 85072-2758
7:M2 Tcf Fost» Scl
13500 interurban South
Ship Point Via Shipped Term
Tukwila WA 98168 Tacoma 253-581-4N18 Will Call 2% 10th/NEON
Product Quantity Quantity Quantity Qty. Price Net
1 And Description Ordered D.O. Shipped UN UM Aaount Extended
lPvaice Total 32018.43
This quote is for etiEating purposes only. Quantities Bay vary.
Bid valid for 30 days only.
_ast Page I r r i g a t i o n E q u i p m e n t L i g h t i n g F e r t i l i z e r
w w m' H o r z p n O n n e c o m
AFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, WAIVING THE BIDDING REQUIREMENT FOR THE
PURCHASE OF A COMPUTERIZED IRRIGATION CENTRAL CONTROL
SYSTEM, THE RAIN BIRD NIMBUS II, FOR FOSTER GOLF LINKS.
WHEREAS, the City of Tukwila owns and operates the Foster Golf Links; and
WHEREAS, Foster Golf Links utilizes an automated irrigation system to water the
golf course; and
WHEREAS, a computerized irrigation Central Control System is budgeted in the
2007 Capital Improvement Program for Foster Golf Links and is needed to utilize the
existing weather station, controller hardware, and valves; to irrigate more efficiently,
conserve water and staff time, and reduce wear on the pump system; and
WHEREAS, the Rain Bird Nimbus II is the only Central Control System that will
operate with the Foster Golf Links' current automated irrigation system and the only
distributor of the Rain Bird Nimbus II Central Control System is Horizon Irrigation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The purchase of the Rain Bird Nimbus II Central Control System from
Horizon Irrigation is clearly and legitimately limited to a single source.
Section 2. The bidding requirement for the purchase of the Rain Bird Nimbus II
Central Control System is hereby waived.
PASSED BY THE CITY COUNCIL OF THE Crl Y OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST /AUTHENTICATED:
Verna Griffin, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
C: \Documents and Settings \All Users Desktop Kelly \MSDATA Resolutions \Trio lion System sole source.doc
RS:ksn 2/22/2007 Page 1 of 1
February 13, 2007, Minutes
Community Affairs Parks Committee r a CT—
Page 2 of 2 1
development on undersized lots. Jack Pace provided information from when the lots were originally
plotted.
Ms. Linder asked who owned the property located at 12232 and 12234 43` Ave. South. Ms. Dhaliwal
replied that Darryl Doak was the original owner and that he built new houses and sold to new owners.
Ms. Linder requested that Ms. Gallegos attend the February 12 Committee of the Whole meeting.
Ms. Carter requested a PowerPoint presentation on Habitat for Humanity, which should be
coordinated with the City Clerk's Office.
Mr. Parrish, a community member, inquired about special notice regarding declaring the property as
surplus to gain the comfort of the neighborhood. Ms. Linder suggested flyers could be posted at the
Tukwila Community Center. However, no other form of notice is necessary. Forward to the
Committee of the Whole for a decision.
D. Sole Source Central Control System purchase
Rick Still returned with this item after presenting it during the budget discussions. There are two
reasons why this is a sole source purchase. First, it is the only Central Control System that works with
the weather station, controllers and valves that are in use today at Foster Golf Links. Second, the Rain
Bird Central Control System is only distributed through Horizon irrigation Supply Company. Mr. Still
said this system is high tech, would be maintained by local distributor, will save water and money, and
is the only item in the Golf CIP Budget. Ms. Carter suggested that a discussion takes place with the
IT Dept regarding the PC software to coordinate anti -virus compatibility. Rick said that the IT
Department has already reviewed the system specifications but he will have another discussion with
them. Mr. Parrish asked what the gain would be if this system was installed. Rick said the system
would save money on pumping the water by using only the amount of water that the turf plant needs
(see ET rates in staff Memorandum), water can be applied in cycles to allow the water to soak in to the
areas before additional water is applied, which would help alleviate the current problem with wet
spots and fungus growth, it will save staff time of resetting the controllers manually every time the
weather changes and using the hand held radio controller while repairing or adjusting irrigation heads
and lines, and it will help the health and playability of the golf course. Forward recommendation to
the Committee of the Whole on February 26"' for approval.
E. Fourth Quarter/Year End Report
Jack Pace provided updates on:
Rehab of the Pacific Court Property.
Water quality monitoring at Tukwila Pond.
Mall update food court is gone; Kohl's will start construction at the end of February; mall
owners determine tenants to go in the old Mervyn's location.
Shoreline Master Plan update is on the website. There will be a draft plan available for
review by the end of the year. Then the final document will be produced.
Adjourned:
Committee Chair Approval
Prepared by: WB
Reviewed by:
COUNCIL A GENDA SYNOPSIS
/k Initials IJEM
J O f �1k ,,r) 19 Meetin Date I Prepared by 1 Mayor's review- I Council review
Vt -4-0, 2/26/07 I CK .A.4.0 I 0117) Ca I 3/5/07
18
ITEM INFORMATION
CAS NUMBER: 07-026 I ORIGINAL AGENDA DA 1E: FEBRUARY 26, 2007
AGENDA ITEM TITLE Concurrency Test Fee and Traffic Impact Fees
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 2/26/07 Mtg Date Mtg Date 3/5/07 Mtg Date 3/5/07 Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PTV
SPONSOR'S Ordinances 2110 and 2111 were passed in December 2005 establishing a concurrency
SUMMARY standard and traffic impact fees. Both ordinances need to be amended for ease of setting
fees. The resolution modifies the Public Work Fee Schedule to include the annual update
to the Traffic Impact Fees as well as establishes the Concurrency Test Fee Schedule.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/12/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Forward to COW for discussion and then adoption.
COMMITTEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
2/26/07
3/5/07 1
1 MTG. DATE 1 ATTACHMENTS
2/26/07 I Information Memo dated February 7, 2007 Concurrency Test Fee Table
Information Memo dated February 7, 2007 Transportation Impact Fees Tables
Ordinance
Resolution Public Works Fee Schedule
Transportation Committee Meeting Minutes from February 12, 2007
I I
3/5/07 1
IlTUK2 \VOL I\PUSB WORKS,Cyndy\Concurrency Impact Fees CAS Concurrency Test Fee Impact Fee Update 2 -07.doc
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: February 7, 2007
Subject: Concurrencv Test Fee Schedule
ISSUE
Review and approve the proposed Concurrency Test Fee Schedule for new development.
BACKGROUND
In December 2005, the City amended its Transportation Element as part of the state required
update to the Comprehensive Plan. In the Transportation Element, level of service standards are
established which Tukwila is required to enforce and maintain. The City uses the emme /2 traffic
model to determine if adequate capacity is available for growth. Mirai Transportation Planning
and Engineering was the consultant retained by Tukwila in 2002 to develop the city -wide
transportation model and then later retained to update the model in 2006. Part of the work
completed by Mirai was to assist the City in developing a concurrency test fee schedule to be
assessed by new development to help offset the costs of maintaining the City's transportation
model and annual updates.
The Concurrency Ordinance, adopted in 2005, states, "The applicant shall submit a detailed project
description of the development, including location, vehicular circulation, and gross floor area by use,
as part of the concurrency application and concurrency test fee." Until now, no concurrency test fee
has been established.
ANALYSIS
The attached table shows the proposed concurrency test fee schedule to be charged when a new
application is submitted. This fee has been developed based on similar types of development and
approximate contribution to new trip generation. This cost to the developer is expected, and has
been designed to be a savings of both time and money due to the dramatic change in
Transportation Impact Analysis (TIA) requirements. In the past, approximately 60 -80% of the
work associated with the individual TIA requirements was to address concurrency. These
proposed fees have been developed to be substantially less than the cost of a full TIA for most
new developments. Some smaller developments, such as the small scale home builder who may
not have been required to submit a TIA in the past, will now be charged a small fee to pay for their
project's incremental impact on the City's transportation system.
RECOMMENDATION
Approve the Concurrency Test Fee Schedule for residential and non residential uses.
CK:ad
attachment
f uk2\ o11`pubworks`tyndylconcuirency impact fees \infomiation memo concurrency test fee implementation 2-12-07 ileac)
DEVELOPMENT APPLICATION FEES FOR CONCURRENCY ANALYSIS
FEES FOR RESIDENTIAL USE FEES FOR NON-RESIDENTIAL USE
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director r
Date: February 7, 2007 U
Subject: Traffic Impact Fee Schedule Update
ISSUE
Annual update to the Traffic Impact Fee schedule.
BACKGROUND
State law requires the City of Tukwila to plan under the Growth Management Act (GMA). A
substantial update to the Transportation Element was completed in 2005 and a new method for
assessing traffic impact fees was put in place effective January 1, 2006. The impact fee schedule
was developed through identification of future roadway improvements necessary to maintain the
City's adopted concurrency standard and a fiscal analysis on how much funding capability
Tukwila will have. Impact fees are one tool allowed under GMA to finance necessary roadway
improvements.
RCW 82.02.909 defines Impact Fees as "...a means of payment of money imposed upon
development as a condition of development approval to pay for public facilities needed to serve
new growth and development, that is reasonably related to the new development that creates
additional demand and need for public facilities, that is a proportionate share of the cost of the
public facilities, and that is used for facilities that reasonably benefit the new development."
TMC 9.48.100 states "The impact fee may be updated annually to evaluate the consistency of
development density assumptions, estimated project costs and adjusted for awarded grant funding, if
any. Updates that result in a change in impact fees will be reviewed by the City Council. Impact fee
changes will only occur through an ordinance requiring Council action."
ANALYSIS
The first attached matrix shows the projects per zone which are identified in the 2007 CIP as
having funds expended within the next six years. Impact fees must be calculated after all other
sources of funding have been subtracted; therefore, the amount being collected under Impact Fee
Cost is less than the actual project cost. Further, since the City must pay for the impacts of
existing volumes as well as regional growth utilizing City facilities, only those trips which are new
to each zone and which are associated with new growth in the zone are considered.
The second matrix, the proposed Impact Fee Schedule 2007, has been updated from the adopted
2006 version to reflect current project costs adopted in the 2007 -2012 CIP. The attached map
shows the boundaries of the four impact fee zones. For comparison, Public Works Bulletin A3
has been included to show the current Transportation Impact Fees. A table comparing Tukwila's
proposed impact fees with other surrounding jurisdictions is also included.
RECOMMENDATION
Approve the Traffic Impact Fee Schedule.
CK:ad
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Impact Fee Schedule 2007
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost per Trip All Other Uses 1 1 $1,736.801 $1,357.771 $1,061.201 $819.38
Residential
Single Family dwelling 1 $1,659.351 $1,297.221 $1,013.881 $782.84
Multi Family 1 dwelling 1 $712.091 $556.691 $435.091 $335.95
Retirement Community dwelling 1 $722.891 $565.131 $441.691 $341.04
Nursing Home /Convalescent Center bed 1 $289.15( $226.051 $176.681 $136.42
Assisted Living dwelling 1 $289.151 $226.051 $176.681 $136.42
Commercial Services
Drive -in Bank 1 sq ft/GFA $23.14 $18.091 $14.14 $10.92
Walk -in Bank I sq ft/GFA $18.67 $14.601 $11.41 $8.81
Day Care Center I sq ft/GFA $9.28 $7.251 $5.67 $4.38
Library sq ft/GFA $4.24 $3.32 $2.59 $2.00
Post Office sq ft/GFA $6.46 $5.05 $3.95 $3.05
Hotel /Motel room $1,107.80 $866.04 $676.87 $522.63
Service Station VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17
Service Station /Minimart VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17
Service Station /Minimart/Car Wash VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17
Carwash (Self- Serve) Stall $2,826.58 $2,209.72 $1,727.06 $1,333.51
Movie Theater screen $64.24 $50.22 $39.25 $30.31
Health Club sq ft/GFA $4.421 $3.46 $2.70 $2.09
Racquet Club sq ft/GFA $1.991 $1.56 $1.22 $0.94
Marina Berth $247.38 $193.39 $151.15 $116.71
Commercial Institutional
Elementary School /Jr. High School student $195.27 $152.66 $119.31 $92.13
High School student $131.43 $102.75 $80.31 $62.01
University /College student $267.56 $209.17 $163.48 $126.23
Church sq ft/GFA $1.15 $0.90 $0.70 $0.54
Hospital sq ft/GFA $2.22 $1.73 $1.35 $1.05
Commercial Restaurant
Restaurant sq ft/GFA $9.56 $7.48 $5.84 $4.51
Fast Food Restaurant w/o drive thru sq ft/GFA $12.27 $9.60 $7.50 $5.79
Fast Food Restaurant w drive /thru sq ft/GFA $16.26 $12.71 $9.94 $7.67
Industrial
Light Industry/High Technology sq ft/GFA $2.06 $1.61 $1.26 $0.97
Industrial Park sq ft/GFA $2.06 $1.61 $1.26 $0.97
Warehousing /Storage sq ft/GFA $1.15 $0.90 $0.70 $0.54
Mini Warehouse sq ft/GFA $0.50 $0.39 $0.31 $0.24
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Impact Fee Schedule 2007
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost per Trip All Other Uses 1 1 $1,736.801 $1,357.771 $1,061.201 $819.38
Commercial Retail
Shopping Center
up to 9,999 sq ft sq ft/GLA $4.181 $3.27 $2.55 $1.97
10,000 sq ft- 49,999 sq ft sq ft/GLA $3.511 $2.75 $2.15 $1.66
50,000 sq ft- 99,999 sq ft sq ft/GLA $3.031 $2.37 $1.85 $1.43
100,000 sq ft- 199,999 sq ft sq ft/GLA $2.611 $2.04 $1.59 $1.23
200,000 sq ft- 299,999 sq ft sq ft/GLA $2.38 $1.86 $1.45 $1.12
300,000 sq ft- 399,999 sq ft sq ft/GLA $2.82 $2.21 $1.72 $1.33
over 400,000 sq ft sq ft/GLA $3.17 $2.48 $1.94 $1.49
Miscellaneous Retail Sales sq ft/GFA $3.17 $2.48 $1.94 $1.49
Supermarket sq ft/GFA $7.73 $6.04 $4.72 $3.64
Convenience Market sq ft/GFA $14.39 $11.25 $8.79 $6.79
Nursery/Garden Center sq ft/GFA $2.62 $2.05 $1.60 $1.24
Furniture Store sq ft/GFA $0.22 $0.17 $0.13 $0.10
Car Sales New /Used sq ft/GFA $4.56 $3.57 $2.79 $2.15
Auto Care Center sq ft/GLA $2.62 $2.05 $1.60 $1.24
Quick Lubrication Vehicle Shop Service Bay $2,899.10 $2,266.42 $1,771.37 $1,367.73
Auto Parts Sales sq ft/GFA $3.34 $2.61 $2.04 $1.58
Pharmacy (with Drive Through) sq ft/GFA $3.44 $2.69 $2.10 $1.62
Pharmacy (no Drive Through) sq ft/GFA $3.36 $2.63 $2.05 $1.58
Free Standing Discount Store sq ft/GFA $3.13 $2.44 $1.91 $1.47
Hardware /Paint Store sq ft/GFA $2.66 $2.08 $1.62 $1.25
Discount Club sq ft/GFA $3.13 $2.44 $1.91 $1.47
Video Rental sq ft/GFA $4.881 $3.82 $2.98 $2.30
Home Improvement Superstore sq ft/GFA $1.331 $1.04 $0.81 $0.63
Tire Store Service Bay $1,938.321 $1,515.31 $1,184.33 $914.45
Electronics Superstore sq ft/GFA $3.111 $2.43 $1.90 $1.46
Commercial Office
Administrative Office
up to 9,999 sq ftl sq ft/GFA 1 $8.101 $6.331 $4.951 $3.82
10,000 sq ft- 49,999 sq ftI sq ft/GFA 1 $8.101 $6.331 $4.951 $3.82
50,000 sq ft- 99,999 sq ftl sq ft/GFA 1 $4.701 $3.671 $2.871 $2.22
100,000 sq ft- 199,999 sq ftI sq ft/GFA 1 $3.561 $2.781 $2.171 $1.68
200,000 sq ft- 299,999 sq ftl sq ft/GFA 1 $3.101 $2.43 $1.901 $1.46
over 300,000 sq ftl sq ft/GFA 1 $2.911 $2.27 $1.781 $1.37
Medical Office /Clinic 1 sq ft/GFA 1 $6.291 $4.911 $3.841 $2.97
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
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�t!,y PUBLIC WORKS BULLETIN A3
PAVEMENT MITIGATION AND
1.,„4.41% o TRANSPORTATION IMPACT FEES
CITY OF TUKWII,A
7908 Public Works Department
206 -433 -0179
This Bulletin summarizes pavement mitigation fees and transportation impact fees applicable to private
development projects within the city.
PAVEMENT MITIGATION FEE
The City does not allow pavement cuts in pavement that is three years old or newer (TMC 11.04 Recently Improved
Street), except by written approval from the Public Works Director.
Public Works charges a pavement mitigation fee whenever pavement in the right -of -way is disturbed. The
pavement mitigation fee compensates the City for reduced life span due to disturbance of roadway surfaces.
The fee is based on the total square footage of impacted pavement and on the remaining life of the existing
pavement. The mitigation fee, based on cut limits shown on the permit plan set, is paid when the permit is
issued. To estimate the cut area, add two feet to all sides of the expected cut limits before calculating the
area. This fee may be adjusted, based on the Inspector's measurement of the actual cut limits. Use the
following table to estimate the pavement mitigation fee.
Approx. Remaining Years Pavement Mitigation Fee
0-1 $0.00
1 -2 (10 $1.00
2 -5 (25 $2.50
5 -7 (33 $3.30
7 -10 (50 $5.00
10-15 (75 $7.50
15 -20 (100 $10.00
TRANSPORTATION IMPACT FEE
Consistent with the Comprehensive Plan, the Six -year Transportation Plan and the Capital Improvement Plan, the
transportation impact fee helps ensure that new development bears its proportionate fair share of transportation
facilities necessitated by the new development. The fee applies to any construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any structure that requires a building permit and generates any
new PM peak hour trips The transportation impact fee is charged to each development according to an impact
fee schedule based on defined zones. The fees are assessed as part of the building permit and are due and payable
when the permit is issued. (TMC 9.48 and Ordinance 2111)
This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed for
specific compliance to codes and regulations.
Approved 12.31.2005 1
Impact Fee Schedule 2006
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost perTrip> 1 1 $1,424.711 $1,345.461 $1,071.731 $807.07
Residential
Single Family 1 dwelling 1 $1,361.181 $1,285.461 $1,023.941 $771.08
Multi Family 1 dwelling $826.331 $780.371 $621.601 $468.10
Retirement Community dwelling $291.101 $274.911 $218.981 $164.90
Nursing Home /Convalescent Center bed 1 $215.631 $203.641 $162.211 $122.15
Assisted Living 1 dwelling 1 $183.291 $173.091 $137.881 $103.83
Commercial Services
Drive -in Bank 1 sq ft/GFA 1 $18.981 $17.92 $14.281 $10.75
Walk -in Bank 1 sq ft/GFA 1 $15.321 $14.47 $11.521 $8.68
Day Care Center 1 sq ft/GFA 1 $7.62 $7.20 $5.741 $4.32
Library 1 sq ft/GFA $3.48 $3.29 $2.62 $1.97
Post Office 1 sq ft/GFA $5.30 $5.00 $3.98 $3.00
Hotel /Motel 1 room $908.73 $858.19 $683.59 $514.78
Service Station VFP $3,812.37 $3,600.31 $2,867.84 $2,159.64
Service Station/Minimart 1 VFP $2,627.55 $2,481.40 $1,976.56 $1,488.46
Service Station /Minimart/Car Wash 1 VFP $3,885.36 $3,669.24 $2,922.74 $2,200.99
Carwash (Self -Serve) 1 Stall $2,318.66 $2,189.69 $1,744.20 $1,313.48
Movie Theater 1 screen $33,521.56 $31,656.97 $25,216.45 $18,989.37
Health Club sq ft/GFA $3.85 $3.64 $2.90 $2.18
Racquet Club 1 sq ft/GFA $1.64 $1.54 $1.23 $0.93
Marina 1 Berth $202.92 $191.64 $152.65 $114.95
Commercial Institutional
Elementary School /Jr. High School 1 student $160.18 $151.27 $120.50 $90.74
High School 1 student $107.82 $101.82 $81.10 $61.08
University /College 1 student $219.481 $207.27 $165.10 $124.33
Church 1 sq ft/GFA 1 $0.941 $0.89 $0.71 $0.53
Hospital sq ft/GFA 1 $1.421 $1.34 $1.07 $0.80
Commercial Restaurant
Restaurant 1 sq ft/GFA 1 $7.841 $7.41 $5.90 $4.44
Fast Food Restaurant w/o drive thru 1 sq ft/GFA $10.071 $9.51 $7.571 $5.70
Fast Food Restaurant w drive /thru 1 sq ft/GFA $12.891 $12.17 $9.701 $7.30
Industrial
Light Industry/High Technology 1 sq ft/GFA 1 $1.921 $1.82 $1.451 $1.09
Industrial Park 1 sq ft/GFA 1 $1.811 $1.711 $1.361 $1.02
Warehousing /Storage 1 sq ft/GFA 1 $1.001 $0.951 $0.751 $0.57
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Impact Fee Schedule 2006
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost per Trip 1 1 $1,424.711 $1,345.461 $1,071.731 $807.07
Commercial Retail
Shopping Center
up to 9,999 sq ft sq ft/GLA 1 $3.431 $3.24 $2.58 $1.94
10,000 sq ft- 49,999 sq ft sq ft/GLA $3.011 $2.84 $2.26 $1.70
50,000 sq ft- 99,999 sq ft sq ft/GLA $2.20 $2.08 $1.65 $1.25
100,000 sq ft- 199,999 sq ft sq ft/GLA $2.15 $2.03 $1.62 $1.22
200,000 sq ft- 299,999 sq ft sq ft/GLA $1.96 $1.85 $1.47 $1.11
300,000 sq ft- 399,999 sq ft sq ft/GLA $2.32 $2.19 $1.75 $1.31
over 400,000 sq ft sq ft/GLA $2.61 $2.47 $1.97 $1.48
Miscellaneous Retail Sales sq ft/GFA $1.19 $1.12 $0.89 $0.67
Supermarket sq ft/GFA $6.98 $6.59 $5.25 $3.95
Convenience Market sq ft/GFA $12.10 $11.43 $9.10 $6.86
Nursery/Garden Center sq ft/GFA $1.74 $1.64 $1.31 $0.99
Fumiture Store sq ft/GFA $0.18 $0.17 $0.13 $0.10
Car Sales New /Used sq ft/GFA $3.97 $3.75 $2.98 $2.25
Auto Care Center sq ft/GLA $1.55 $1.46 $1.17 $0.88
Quick Lubrication Vehicle Shop Service Bay $1,358.94 $1,283.35 $1,022.26 $769.82
Auto Parts Sales sq ft/GFA $2.74 $2.59 $2.06 $1.55
Pharmacy(with Drive Through) sq ft/GFA $3.40 $3.21 $2.56 $1.93
Free Standing Discount Store sq ft/GFA $2.40 $2.27 $1.81 $1.36
Hardware /Paint Store sq ft/GFA $2.03 $1.91 $1.52 $1.15
Discount Club sq ft/GFA $4.10 $3.87 $3.08 $2.32
Video Rental sq ft/GFA $3.06 $2.89 $2.30 $1.74
Home Improvement Superstore sq ft/GFA $1.62 $1.53 $1.22 $0.92
Tire Store Service Bay $1,590.01 $1,501.57 $1,196.08 $900.72
Electronics Superstore sq ft/GFA $2.55 $2.41 $1.92 $1.44
Commercial Office
Administrative Office
up to 9,999 sq ftl sq ft/GFA 1 $6.651 $6.281 $5.001 $3.76
10,000 sq ft- 49,999 sq ft1 sq ft/GFA 1 $6.651 $6.281 $5.001 $3.76
50,000 sq ft- 99,999 sq ftl sq ft/GFA 1 $3.851 $3.641 $2.901 $2.18
100,000 sq ft- 199,999 sq ft1 sq ft/GFA $2.921 $2.751 $2.191 $1.65
200,000 sq ft- 299,999 sq ftl sq ft/GFA 1 $2.551 $2.401 $1.911 $1.44
over 300,000 sq ftl sq ft/GFA 1 $2.391 $2.251 $1.791 $1.35
Medical Office /Clinic 1 sq ft/GFA 1 $5.661 $5.341 $4.251 $3.20
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Traffic Impact Fee Comparison 2007
Jurisdiction Cost Per Trip
Sammamish $14,706.89
Covington (High) $6,335.00
Redmond (High) $4,241.46
Snohomish County (Outside UGA High) $3,570.73
Kenmore $3,509.76
Snohomish County (Inside UGA High) $3,268.29
Bothell $3,100.00
Des Moines $2,506.54
Seattle (South Lake Union) $2,273.17
Snohomish County (Outside UGA Low) $2,065.85
Snohomish County (Inside UGA Low) $1,892.68
Olympia $1,873.17
Newcastle $1,463.41
Bellevue (High) $1,439,02
Kirkland $1,429.27
T ikwi)a::(Z
Redmond (Low) $1,143.90
Auburn $1,075.61
(3:::
Covington (Low) $1,036.00
Bellevue (Low) $790.24
Covington also collects additional impact fees on a cost per trip
basis varying from $95 to $2115 per trip through individual projects
CITY OF TUKWILA' 1
WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TMC 9.48 AND ORDINANCE
2111 REGARDING CONCURRENCY STANDARDS AND
TRAFFIC IMPACT FEES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, the City desires to annually update its impact fees and concurrency test fees
to reflect current costs; and
WHEREAS, adopting the fees in a separate document will allow them to be more easily
updated in the future; and
WHEREAS, Ordinance 2110 did not specify the Concurrency Test Fee; and
WHEREAS, Ordinance 2111 included the Traffic Impact Fee Schedule in Attachment A;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to Ordinance 2110. Tukwila Ordinance 2110, Section 3.B.3 hereby
amended to read:
The applicant shall submit a detailed project description of the development,
including location, vehicular circulation, and gross floor area by use, with the
concurrency application and concurrency test fee as adopted by motion or resolution
by the Tukwila City Council.
Section 2. Amendment to Ordinance 2111. Tukwila Ordinance 2111, codified at Tukwila
Municipal Code 9.48.030.A is hereby amended to read:
The City hereby authorizes the assessment and collection of impact fees on
development activity at the rates adopted by motion or resolution by the Tukwila
City Council.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF 2005.
CITY OF TUKWILA
-1-
\\tuk2\voll \PUBWORKS\Cyndy\Concurrency Impact Fees \ORDINANCE MODIFYING 2110 AND 2111 doc/G/02/21/07
C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A PUBLIC WORKS FEE SCHEDULE
WHEREAS, each year the City analyzes the rate model for the three utility water, sewer and
surface water enterprise funds and updates the traffic model and analyzes the transportation network to
ensure continued compliance with the Growth Management Act and the adopted Comprehensive Plan;
and
WHEREAS, the City needs to recoup a greater percentage of the cost of operating and
maintaining its infrastructure for water, sewer and surface water utilities; and
WHEREAS, the City is authorized to require payment of fees that are akin to charges for
services rendered; and
WHEREAS, the City of Tukwila has adopted a Comprehensive Plan pursuant to the Growth
Management Act of the State of Washington and RCW 36.70A, which includes as part of the
transportation element of the Comprehensive Plan elements relating to traffic impacts and necessary
mitigation; and
WHEREAS, the Growth Management Act requires that the City adopt and enforce ordinances
"which prohibit development approval if the development causes the level of service on a locally owned
transportation facility to decline below the standards adopted in the transportation element of the
comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of
development are made concurrent with the development." (RCW 36.70A.070(6)(b); and
WHEREAS, the City uses the traffic model updates to issue Certificates of Concurrency for
new development in lieu of requiring independent traffic impact analysis reports; and
WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as
part of the financing for public facilities, including transportation facilities; and
WHEREAS, each year the City updates the Financial Planning Model and Capital Improvement
Program; and
WHEREAS, the City Council of the City of Tukwila has adopted a transportation element of its
Comprehensive Plan, including transportation facilities, and desires to provide funding for said plan
through the imposition of development impact fees; and
WHEREAS, the City desires to annually update its impact fees to reflect current project costs;
and
WHEREAS, adopting the fees in a separate document will allow them to be more easily
updated in the future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Public Works fees will be charged according to the following schedule:
TUK2 \VOLI\PUBWORKS \GAIL\Resolution PIN Fees February 2007.doc
Public Works Fee Schedule
Permit Description Cost
1 Type A (Short-Term Nonprofit) 1 $50
1 Type B (Short-Term Profit) 1 $100
$250 Application Base Fee, plus four components
based on construction value
Type C 1) Plan Review
(Disturbance of City Right -of -Way) 2) Construction Inspection
3) Pavement Mitigation
4) A Grading Plan Review
1 Type D (Long -Term) 1 $100
Type E $100
(Potential Disturbance of City Right -of -Way)
$250 Processing Fee, plus $5,000 cash deposit,
Type F (Blanket Permits) withdraw $100 /instance for inspection
Additional Inspections $47.00 per inspections
Franchise- Telecommunications $5,000 Administrative Fee 1
Franchise Cable $5,000 plus 5% of total revenue
Street Vacation $1,200
$500 Processing Fee, plus 17% administrative fee,
Latecomer's Agreements plus $500 segregation fee
Flood Zone Control 1 $50 1
Water Meter Installation
.75" 600
1" 1,100
1.5" 2,400
2" 2,800
3" 4,400
4" 7,800
6" 12,500
1 Water Meter Deduct 1 $25 1
Copy of City of Tukwila's Infrastructure
Design and Construction Standards $50
Residential Sewer Service Flat rate of $8.80 per month
(single dwelling unit) (TMC 14.16.030 No. 1)
Residential Sewer Service Flat rate $8.80 per month for each dwelling unit
(multiple dwelling unit, permanent type) (TMC 14.16.030 No. 2)
Commercial and Industrial Flat rate of $15.40 per month and in addition any
Sewage Service usage over 750 cubic feet of water per month shall
be at the rate of $15.40 per 750 cubic feet. (TMC
14.16.030 No. 4)
Sewer Late Charge $5.00 per month on sewer accounts more than 30
days in arrears. (TMC 14.16.030 No. 5)
TUK2 \VOLI\PUBWORKS \GAIL\Resolution PW Fees February 2007.doc
Public Works Fee Schedule (cont.)
Permit Description Cost
Surface Water Utility Rates per year Service Charge Service Charge
Category Per acre Per 4,356 sq. ft.
1. Natural 77.00 7.70
2. 0 20% Developed Surface $167.30 $16.73
3. 21 50 Developed Surface $306.70 $30.67
4. 51— 70% Developed Surface $457.70 $45.77
5. 71 85% Developed Surface $551.30 $55.13
6. 86 100% Developed Surface $643.20 $64.32
7. Single Family Residential Parcels 62.00 per parcel N/A
\TUK2 \VOLl\PUBWORKS \GAIL\Resolution PW Fees February 2007.doc
PUBLIC WORKS FEE SCHEDULE
TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE
Public Works Fee Schedule (cont.)
Traffic Impact Fee Schedule
Unit of
Land Uses Measure Zone 1 Zone 2 Zone 3 Zone 4
Cost per Trip All Other Uses 1 1 $1,736.801 $1,357.771 $1,061.201 $819.38
Residential
Single Family I dwelling 1 $1,659.351 $1,297.221 $1,013.881 $782.84
Multi Family 1 dwelling 1 $712.091 $556.691 $435.091 $335.95
Retirement Community 1 dwelling 1 $722.891 $565.131 $441.691 $341.04
Nursing Home /Convalescent Center 1 bed 1 $289.151 $226.051 $176.681 $136.42
Assisted Living 1 dwelling 1 $289.151 $226.051 $176.681 $136.42
Commercial Services
Drive -in Bank I sq ft/GFA 1 $23.141 $18.091 $14.141 $10.92
Walk -in Bank 1 sq ft/GFA 1 $18.671 $14.601 $11.411 $8.81
Day Care Center I sq ft/GFA 1 $9.28 $7.251 $5.671 $4.38
Library 1 sq ft/GFA $4.24 $3.321 $2.591 $2.00
Post Office 1 sq ft/GFA $6.461 $5.05 $3.951 $3.05
Hotel /Motel I room 1 $1,107.80 $866.04 $676.87 $522.63
Service Station 1 VFP $3,203.13 $2,504.101 $1,957.14 $1,511.17
Service Station /Minimart VFP 1 $3,203.13 $2,504.101 $1,957.14 $1,511.17
Service Station/Minimart/Car Wash VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17
Carwash (Self Serve) 1 Stall $2,826.58 $2,209.72 $1,727.06 $1,333.51
Movie Theater I screen $64.24 $50.22 $39.25 $30.31
Health Club 1 sq ft/GFA $4.42 $3.46 $2.70 $2.09
Racquet Club sq ft/GFA $1.99 $1.56 $1.22 $0.94
Marina Berth $247.38 $193.39 $151.15 $116.71
Commercial institutional
Elementary School /Jr. High School student $195.27 $152.66 $119.31 $92.13
High School student $131.43 $102.75 $80.31 $62.01
University /College student $267.56 $209.17 $163.48 $126.23
Church sq ft/GFA $1.15 $0.90 $0.70 $0.54
Hospital sq ft/GFA $2.221 $1.731 $1.351 $1.05
Commercial Restaurant
Restaurant sq ft/GFA $9.561 $7.481 $5.841 $4.51
Fast Food Restaurant w/o drive thru sq ft/GFA $12.271 $9.601 $7.501 $5.79
Fast Food Restaurant w drive /thru sq ft/GFA $16.26 1$12.71 I$9.94 I$7.67
1 1 1
Industrial
Light Industry/High Technology sq ft/GFA $2.061 $1.611 $1.261 $0.97
Industrial Park sq ft/GFA $2.061 $1.611 $1.261 $0.97
Warehousing /Storage sq ft/GFA 1 $1.151 $0.901 $0.701 $0.54
Mini Warehouse sq ft/GFA 1 $0.501 $0.391 $0.311 $0.24
TUK2 \VOL1\PUBWORKS \GAIL\Resolution PW Fees February 2007.doc
Public Works Fee Schedule (cont.)
Traffic Impact Fee Schedule
Unit of
Land Uses Measure Zone 1 Zone 2 Zone 3 Zone 4
Commercial Retail
Shopping Center
up to 9,999 sq ft sq ft/GLA $4.18 $3.27 $2.551 $1.97
10,000 sq ft- 49,999 sq ft sq ft/GLA $3.51 $2.75 $2.151 $1.66
50,000 sq ft- 99,999 sq ft1 sq ft/GLA $3.03 $2.37 $1.851 $1.43
100,000 sq ft- 199,999 sq ft1 sq ft/GLA $2.61 $2.04 $1.591 $1.23
200,000 sq ft- 299,999 sq ft sq ft/GLA $2.38 $1.86 $1.451 $1.12
300,000 sq ft- 399,999 sq ft sq ft/GLA $2.82 $2.21 $1.721 $1.33
over 400,000 sq ft sq ft/GLA $3.17 $2.48 $1.94 $1.49
Miscellaneous Retail Sales sq ft/GFA $3.17 $2.48 $1.94 $1.49
Supermarket sq ft/GFA $7.73 $6.04 $4.72 $3.64
Convenience Market sq ft/GFA $14.39 $11.251 $8.79 $6.79
Nursery/Garden Center sq ft/GFA $2.62 $2.051 $1.60 $1.24
Furniture Store sq ft/GFA $0.22 $0.17 $0.13 $0.10
Car Sales New /Used sq ft/GFA $4.56 $3.57 $2.79 $2.15
Auto Care Center sq ft/GLA $2.62 $2.05 $1.60 $1.24
Quick Lubrication Vehicle Shop Service Bay $2,899.10 $2,266.42 $1,771.37 $1,367.73
Auto Parts Sales sq ft/GFA $3.34 $2.61 $2.04 $1.58
Pharmacy (with Drive Through) sq ft/GFA $3.44 $2.69 $2.10 $1.62
Pharmacy (no Drive Through) sq ft/GFA $3.36 $2.63 $2.05 $1.58
Free Standing Discount Store sq ft/GFA $3.13 $2.44 $1.91 $1.47
Hardware /Paint Store sq ft/GFA $2.66 $2.08 $1.62 $1.25
Discount Club sq ft/GFA $3.13 $2.44 $1.91 $1.47
Video Rental sq ft/GFA $4.88 $3.82 $2.98 $2.30
Home Improvement Superstore sq ft/GFA $1.33 $1.04 $0.81 $0.63
Tire Store Service Bay $1,938.32 $1,515.31 $1,184.33 $914.45
Electronics Superstore sq ft/GFA $3.11 $2.43 $1.90 $1.46
Commercial Office
Administrative Office
up to 9,999 sq ft1 sq ft/GFA 1 $8.10 $6.331 $4.951 $3.82
10,000 sq ft- 49,999 sq ft1 sq ft/GFA 1 $8.10 $6.331 $4.951 $3.82
50,000 sq ft- 99,999 sq ftl sq ft/GFA 1 $4.701 $3.671 $2.871 $2.22
100,000 sq ft- 199,999 sq ft sq ft/GFA $3.561 $2.781 $2.171 $1.68
200,000 sq ft- 299,999 sq ft sq ft/GFA $3.101 $2.431 $1.901 $1.46
over 300,000 sq ft1 sq ft/GFA 1 $2.911 $2.271 $1.781 $1.37
Medical Office /Clinic 1 sq ft/GFA $6.291 $4.911 $3.841 $2.97
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
\TUK2 \VOLI\PUBWORKS \GAIL\Resolution PW Fees February 2007.doc
Transportation Committee
February 12, 2007
Business Agenda
A. Transportation Impact Fee Schedule Update
Mr. Morrow indicated that this is the City's first update after the new impact fee system was adopted in
2006. This update includes the fmal 2007 CIP project costs. The ordinance and Public Works fee
schedule will be presented to COW. The project chart feeds into the Impact Fee Schedule. Trip
generation costs have been updated in 2007 by the ITE trip generation manual (Institute of Traffic
I
Engineers) so there have been some adjustments in the pm peak hour (as shown by the reduction in the
multi family rates). The comparisons are between pages 5 6 for the 2007 Impact Fee Schedule and
pages 9 10 for the 2006 schedule. There is a comparison of impact fees with our neighboring cities.
Renton is not included as they do not charge impact fees, but a $75 per daily trip, which for Single
Family residences works out to be $750.00. Renton also has a $50 head tax. SeaTac has a parking tax
and Kent just uses LIDS for any improvements. Sammamish and Covington are the highest as they have
no other tax base for road improvements. Impact fees can be waived yet the general fund will have to
pay the difference. Low income and senior housing normally requests a waiver. Unanimous approval;
forward to February 26 COW.
B. Concurrencv Test Fee
In the past, new development would have to submit a TIA (Transportation Impact Analysis) which
would then have to be approved by the City. Now, with the updated transportation element, Level of
Service standards have been adopted based on Growth Management and the Comp Plan. With this fee
schedule, the developer will pay the concurrency fees along with their permit fees and impact fees. The
City will then be responsible for updating the model. The table shows the concurrency fees for new
residential units on the left side. Non residential uses are based on the square footage of the gross floor
area and their uses. The resolution and Public Works fee schedule will be presented at COW.
Unanimous approval; forward to February 26 COW.
C. 35 Ave S Emereencv Pipe Repair. Emeruencv Declaration Resolution
On Feb. 6, 2007, a sinkhole was discovered that needs to be repaired immediately. This emergency
declaration by resolution will allow us to proceed with hiring a contractor without competitive bidding
requirements. Unanimous approval; 011 the 2/12/07 COW agenda.
D. 35 Ave S Emereencv Pipe Repair, Short Form Contract
Ryan Larson reported that he called 6 contractors from the Small Works Roster and three responded
with the range of $41,000 to $73,000. This job is fairly large since it includes 80 feet of roadway so
some smaller contractors are not able to complete the job. RL Alia submitted the low bid as they are in
the area for the Allentown/Foster Pt sewer project. Repair work began Feb 12 and the roadway is
scheduled to be paved by Friday, Feb. 16. Unanimous approval; on the 2/12/07 COW agenda.
E. 2006 Fourth Ouarter/Year End Report. Information only.
Other
Pam Carter reported that Tukwila does not have any appropriation earmark grant funding that we
will lose through this legislative period.
Adjournment: 6:40 p.m.
Committee Chair Approval
Minutes by GL, Reviewed by CK
COUNCIL AGENDA SYN0PsIs
Initials ITEM NO.
43 9 I Meeting Date I P-repared by J Mawr's reziew I CoLhrxil reziew
)k O 1 02/26/07 1 RAB I ./4't.. G 1 id
03/05/07
ITEM INFORMATION
CAS NUMBER: 07-027 I ORIGINAL AGENDA DATE: FEBRUARY 26, 2007
AGENDA ITEM TILE Professional Services Contract, M.J. Durkan, Inc.
CA 1 EGORY Discussion Z1 Motion Resolution Ordinance BidA wird Public Hearin g Other
MtgDate 2 /071MtgDate_ /5 /qMtgDate MtgDate MtgDate MtgDate MtgDate
I SPONSOR Coundl Ma}or AdmSzcs DCD Firma. Fire Legal P& R Police PW
SPONSOR'S Proposed contract with MJ Durkan for lobbying services in 2007
SUAMARY
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm Planning Comm.
DAZE: 2/20/07
RECOMMENDATIONS:
SPONSOR/ADmw. Review and forward to Regular meeting
COMM[ EE Unanimous approval; Forward to Committee of the Whole 1
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$4,000 /month expenses
Fund Source: 000.20
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
02/26/07 1 I
1 I I
I MTG. DATE I ATTACHMENTS
2/26/07 1 Memo from Mayor's Office to City Council
I Contract
Finance Safety Committee minutes of 2/20/07
f in.s/n7 1
I I I
1
City of Tukwila
i (t) t j 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor
7908
MEMORANDUM
To: Finance Safety Committee
From: Mayor's Office 51
j
Date: February 13, 2007
RE: Professional Services Contract
M J Durkan, Inc.
Attached for your consideration is the 2007 Contract for Services with MJ (Jamie)
Durkan. This contract is identical to the 2006 contract, with the exception of an added
section "Conflict of Interest," which is in bold type and underlined in the attached draft.
This contract language has been reviewed by the City Attorney and agreed to by
Mr. Durkan.
Staff would ask that the Committee review the contract and forward it to the Committee
of the Whole Meeting on February 26, 2007 for Council approval.
1`so
attachment
Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 wwwci.tukwila.wa.us
Contract For Services 2007
MJ Durkan, Inc.
This agreement is entered into by and between the City of Tukwila, Washington,
a non charter optional municipal code city hereinafter referred to as "the City
and, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal
office is located at #357, 330 Southwest 43 Street Plaza Suite K, Renton,
Washington 98055.
Whereas, the City has determined the need to have certain services performed
for its citizens but does not have the staff resources or expertise to perform such
services, and
Whereas, the City desires to have the Contractor perform such services pursuant
to certain terms and conditions, now, therefore,
In Consideration of the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Scope and Schedule of Services to be Performed by Contractor. The Contractor
shall perform those services described on Exhibit A attached hereto and
incorporated herein by this reference as if fully set forth. In performing such
services, the Contractor shall at all times comply with all Federal, State, and local
statutes, rules and ordinances applicable to the performance of such services
and the handling of any funds used in connection therewith. The Contractor shall
request and obtain prior written approval from the City if the scope or schedule is
to be modified in any way.
Compensation and Method of Payment. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit B (Fees)
attached hereto and incorporated herein by this reference. The total amount to
be paid shall not exceed four thousand dollars ($4,000) per month plus
expenses. Expenses shall be detailed on each monthly billing and shall not
exceed five hundred dollars ($500) per month without prior approval of the City.
Contractor Budget. The Contractor shall apply the funds received under this
Agreement within the maximum limits set forth in this Agreement. The
Contractor shall request prior approval from the City whenever the Contractor
desires to amend its budget in any way.
Duration of Agreement. This Agreement shall be in full force and effect for a
period commencing January 1, 2007 and ending December 31, 2007 unless
sooner terminated under the provisions hereinafter specified.
Contract for Services
MJ Durkan
January 2006
Page 2
Independent Contractor. The Contractor and the City agree that the Contractor
is an independent contractor with respect to the services provided pursuant to
this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither the
Contractor nor any employee of the Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer
with respect to the Contractor, or any employee of the Contractor.
Conflict of Interest. Without the express written consent of the Mayor, the
Contractor shall not represent another client if the representation of such client
will conflict with the Contractor's representation of the City. If the Mayor believes
the Contractor's representation of another client conflicts with the Contractor's
representation of the City, the Mayor shall notify the Contractor in writing of such
conflict. Within 2 days of the receipt of such notification, the Contractor shall
withdraw from the representation of such client or explain to the Mayor in writing
why, in the view of the Contractor, a conflict does not exist. If the Mayor then
believes a conflict is still present, the Contractor must immediately cease
representing the client or the Mayor may immediately terminate this contract.
Indemnification. The Contractor shall indemnify, defend and hold harmless the
City, its officers, agents and employees, from and against any and all claims,
losses, or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of the
Contractor, its officers, agents and employees, in performing the work required
by this Agreement.
With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial
Insurance Act, for injuries to its employees, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Contractor. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to
any damage resulting from the sole negligence of the City, its agents and
employees. To the extent any of the damages referenced by this paragraph
were caused by or resulted from the concurrent negligence of the City, its agents
or employees, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Contractor, its officers,
agents, and employees.
Contract for Services
MJ Durkan
January 2006
Page 3
Insurance. The Contractor shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a
minimum coverage of $500,000.00 per occurrence /aggregate for personal injury
and property damage. Said policy shall name the City of Tukwila as an additional
named insured and shall include a provision prohibiting cancellation or reduction
in the amount of said policy except upon thirty (30) days prior written notice to the
City. Cancellation of the required insurance shall automatically result in
termination of this Agreement. Certificates of coverage shall be delivered to the
City within fifteen (15) days of execution of this Agreement.
Record Keeping and Reporting. The Contractor shall maintain accounts and
records, including personnel, property, financial and programmatic records that
sufficiently and properly reflect all direct and indirect costs of any nature
expended and services in the performance of this Agreement. The City shall
maintain these records for a period of seven years after termination hereof
unless permission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and.
Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement shall be subject to inspection, review or audit by law
during the performance of this Agreement.
Termination. The City giving to the Contractor thirty days written notice of the
City's intention to terminate the same may at any time terminate this Agreement.
Failure to provide products on schedule may result in contract termination. If the
Contractor's insurance coverage is canceled for any reason, the City shall have
the right to terminate this Agreement.
Discrimination Prohibited. The Contractor shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the
Contractor to be provided under this Agreement on the basis of race, color,
religion, creed, sex, age, national origin, marital status or presence of any
sensory, mental or physical handicap.
Assignment and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written
consent of the City.
Entire Agreement. This Agreement contains the entire agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject
matter of this Agreement, shall be deemed to exist or bind nay of the parties
hereto. Either party may request changes in the agreement. Proposed changes,
which are mutually agreed upon, shall be incorporated by written amendments to
this Agreement.
Contract for Services
MJ Durkan
January 2006
Page 4
Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Notices to the Contractor shall be sent to the following address:
MJ Durkan, Inc.
#357
330 SW 43 St., Suite K
Renton, WA 98055
Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the
event any suit, arbitration, or proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that the venue shall be
properly laid in King County, Washington. The prevailing party in any such action
shall be entitled to its attorney's fees and costs of suit.
DATED this day of
CONTRACTOR: CITY OF TUKWILA
BY:
TITLE Mayor, Steven M. Mullet
ATTEST /AUTHENTICATED:
CITY CLERK, Jane E. Cantu
APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY
BY:
Contract for Services
MJ Durkan
January 2006
Page 5
Exhibit A
Scope of Services
The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with
Tukwila officials, King County elected officials, and State elected officials to
facilitate the Tukwila Valley South annexation and development. 2) Work with
local, regional and state officials on general matters of interest to the City of
Tukwila. 3) Notify the Tukwila Mayor's Office of emerging issues of importance
to the City.
It is understood that the above -cited tasks are representative of the requirements
associated with achieving the City's objectives and are not necessarily an all
inclusive description of the Consultant's efforts.
Contract for Services
MJ Durkan
January 2006
Page 6
Exhibit B
Terms of Payment
The consultant will invoice the City for the work completed at the rate of $4,000
per month at the close of each month. Invoices will be paid within twenty (20)
days of receipt. Any extraordinary expenses claimed shall first be approved by
the City of Tukwila before the consultant obligates any funds. Expenses shall be
detailed on each monthly billing and shall not exceed five hundred dollars ($500)
per month without prior approval of the City.
Finance Safety Committee
February 20, 2007 5:00 p.m.
Present: Jim Haggerton, Chair; Joan Hernandez and Pam Linder, Council members.
Rhonda Berry, City Administrator; Diane Jenkins, Administrative Assistant to the City
Council; and Al Dams, Assistant Manager, King County Animal Services.
Business Agenda
A. Contract with M. J. Durkan for 2007 Iobbying services
Ms. Berry reviewed the revised contract with M.J. Durkan for 2007 lobbying services. A new
section on conflict of interest was added. This is pre emptive so that when new clients are added
it addresses what happens when there could be a possible conflict of interest. Mr. Haggerton
expressed his appreciation on the services provided by Mr. Durkan at the recent AWC legislative
conference. Unanimous approval. Forward to February 26 COW.
B. Draft contract for animal control services
Ms. Berry indicated that at the request of the committee members at the February 5 CAP
meeting, changes were incorporated. The changes are denoted on the margin of the contract.
She reviewed the changes. In Section 1C, it states that the city will be provided with a monthly
calendar; Section 2 specifies that the contract will not exceed $35,000 per year; and Section 6
clarifies how the contract will be terminated. Other items discussed were input into the
performance evaluation and the process to be used to express concerns with the services; if these
items were included in the contract, it may delay implementation of the contract. Ms. Berry
continued and explained the appeal process which would be used for enforcing Tukwila's
ordinance regarding dangerous dogs. Mr. Dams explained that the City's ordinance regarding
dangerous dogs (TMC 7.04.085) is different than King County's ordinance on vicious animals
(KC 11.04.290). Tukwila allows that a dog which is declared dangerous can be destroyed; this
cannot be done under King County ordinance. The dog can be removed. King County would
confine the animal based on the circumstances. If the situation warrants that the animal needs to
be euthanized, this would be governed under RCW 16.08.30, Marauding Dog Duty of Owner to
Kill. This RCW provides that it is the duty of a person to kill an animal within 48 hours after
notification otherwise they are deemed guilty of a misdemeanor. Tukwila's code is stronger.
Since there is a difference in the ordinances, if this action were taken, the process of appeals
would be done through Tukwila's municipal court process since King County Board of Appeals
cannot rule on a code other than King County. A citation would be issued through Tukwila.
Tukwila would not be able to access King County free legal service on this type of case; Tukwila
would have the benefit of legal service from King County on other animal control citations.
Ms. Berry noted that the animal control officer would be educated on this issue. Mr. Dams
referenced RCW 16.08.070, Dangerous Dogs and Related Definitions. If an order is placed in
King County, that order is valid throughout the State of Washington; the order follows the
animal. If they violate a removal order, it is unredeemable.
Ms. Linder described a problem that occurred that created problems with the neighbors when
differing information was shared with them. It is important that accurate information be shared,
Ms. Berry asked if King County maintained a database to know how many animals are licensed
to a residence. Mr. Dams replied that it does maintain a database.
Mr. Dams noted that there would be additional "boiler plate" language added to the contract.
Ms. Berry related that this contract would be presented at the Committee of the Whole and entire
contract presented at the regular council meeting.
<_a
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
February 5 12 20 (Tuesday) 26
19th
Presidents' Day See agenda packet
(City offices closed) cover sheet for this
week's agenda
(February 26, 2007
Committee of the 'Vhe1e
meeting).
March 5 12 19 26
SDedal Presentation: Special Presentation: Special Presentation
Introduction of Update on COPCAB recognition
new employees King County Inter- of City employee
Youth related national Airport and City volunteer
activities Roundtable who exemplify the
Public Hearing: (Kathleen Crabtree) community policing
An ordinance clarifying State of the model
Zoning Code language Municipal Court
regarding development (Judge Kimberly
of substandard Lots Walden)
within the City Special Issues:
Unfinished Business: Jail alternative
An ordinance program
clarifying Zoning Southcenter Square
Code language on street naming
development of Disposition of
substandard lots surplus property
within the City to Habitat for
An ordinance Humanity
repealing Ord. 2142
which established a
6 -month moratorium
on development of
lots not meeting City's
minimum lot size
2007 Comprehensive
Plan amendments
(public meeting forniat)
April 2 9 16 23
Special Issues: Unfinished Business:
u 2007 Comprehensive 2007 Comprehensive COI iVtL it_ OF THE
30 Plan amendments Plan amendments
Fifth Monday of the WHOLE MEETING TO BE
month —no Council FOLLOWED BY A SPECIAL
meeting scheduled MEETING
Upcoming Meetings Events
FEBRUARY MARCH 2007
26th (Monday) 1 27th (Tuesday) 28th (Wednesday) I 1st (Thursday) 2nd (Friday) 3rd (Saturday)
Transportation Community COPCAB, Equity
Crate, Affairs Parks 6:30 PM Diversity
5:00 PM Cmte, (CR 65) Commission
(CR r1) 5: OO PM 5:00 PM
(CR 63) (Showalter
City Council Middle School
Committee of the Court Library)
Whole Mtg.,
7:00 PM
(Council
Chambers) Court
5th (Monday) 1 6th (Tuesday) 7th (Wednesday) 8th (Thursday) 9th (Friday) 10th (Saturday) I
Finance Safety Chamber of Sister City Lodging Tax
Cmte, Commerce Gov't. Cmte, Advisory Cmte,
5:00 PM Community 5:30 PM 12:00 NOON
(CR #3) Affairs Crate., (CR N3) (Homewood
12:00 NOON Suites —in the
City Council (Chamber Office) Mallard Room: Sunday, March 11
Regular Ivitg., 6955 Ft. Dent (at 2:00 Am)
7:00 PM Arts Commission, Way)
PM
Saving
(Council 5:00 P
Chambers) (Community Time Begins
Center)
Utilities Crate, jf
C
(CR gI)
Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206 -431 -2197.
Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206- 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206 -575 -1633.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7 :00 PM, Council Chambers at City Hall.
Civil Service Commission: 2nd Mon., 5:00 PM, Conf Room 63. Contact Bev Willison at 206 -433 -1844.
Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 43. Agenda item for 2/27/07 meeting
(A) Electrical Code
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rio 65. Police Dept at 206 433 -71 75.
Crime Hot Spots Task Force: 3rd Wed., I0 :00 AM, Conf. Room 45. Contact Police Department at 206 -433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf Room 45. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180.
Equity Diversity Commission: 1st Thurs., 5 :00 PM, Showalter Middle School Library.
Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 43.
>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812.
Human Services Advisory Brd: 2nd Fri. of even months, 10:00 Am, Human Services Office. Contact Evie Boykan at 206-433-7180.
Human Services Providers: Quarterly, 11:30 A,M, TCC (2007 3/16, 6,21, 9/21, and 12'7). Contact Stacy Hansen at 206 433
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Bruce Fletcher at 206- 767 -2343
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206-575-2489.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Kimberly Matej at 206- 767 -2342.
Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bh'ens at 206-431-3670.
>Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 43. Contact Bev Willison at 206 -433 -1844.
Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 41. Agenda items for 2/26/07 meeting: (A) Tukwila
International Blvd Phases II III project scope and bidding alternatives. (B) 1 -405 Widening Project. (C) Sound Transit 2 and
Regional Transportation Investment District (RT1D)
Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 41.
Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).