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HomeMy WebLinkAboutReg 2010-07-06 COMPLETE AGENDA PACKET 1 1 qs Tukwila City Council Agenda 4. c ❖REGULAR MEETING 01, ist_i J Haggerton, Mayor Councilmembers: Joe Duffie Joan Hernandez 190 Steve Lancaster, City Administrator Allan Ekberg Verna Seal Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn EXECUTIVE SESSION 6:30 PM Potential Land Sale Pursuant to RCW 42.30.110(1)(c) Potential Litigation Pursuant to RCW 42.30.110(1)(i) (30 minutes) Tuesday, July 6, 2010; 7:00 PM Ord #2293 Res #1719 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL Information on the Highline Botanical Garden Foundation: Wendy Morgan PRESENTATION 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (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. CONSENT a. Approval of Minutes: 6/21/10 (Regular). AGENDA b. Approval of Vouchers. c. Accept as complete the Tukwila 205 Levee Tree Removal Project (Contract Pg.1 #10 -059) with Coby Construction; authorize release of retainage, subject to the standard claim and lien release procedures. (Final cost of project, including retainage: $144,395.88.) 5. UNFINISHED a. Surplus fire equipment: Pg.7 BUSINESS 1. A resolution declaring 15 Fire Department medical backboards surplus and authorizing their donation. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. b. 2010 Comprehensive Plan amendments. (see 6/28/10 C.O. W packet) Pg.13 The Council may; Refer the proposal as is to the Planning Commission for further review; or Modify the proposal and refer to the Planning Commission for further review; or Defer consideration until a later time to get more information; or Reject the proposal. c. Noise regulations: Pg.15 1. An ordinance updating regulations relating to noise, as codified at Tukwila Municipal Code Chapter 8.22, to clarify definitions, requirements and enforcement, and repealing Ordinance No. 2002. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. d. Budget: Administration presentation on Parks Recreation cost of services. Pg.31 (Discussion only.) 6. NEW BUSINESS (continued...) REGULAR MEETING Tuesday, July 6, 2010 Page 2 7. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. 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. CAS NUMBER. 10 -077 C. 11 A1( L Dzscusszon Mrs Date SPONSOR Cottncz/ SPONSOR'S SUMM, \Rl' ;\\9 BY MTG. DATE 07/06/10 II ►1 A4eetzn,g Date 07/06/10 Fund Source: 000.13.525 EMERGENCY MGMT Conunents• COUNCIL A G TNDA SYNOPSIS Inztzats Prepared b} /71 Alayo evzew Cvuncz/ review 1 BG 0 ITEM INFORMATION ORIGINAL AGENDA DATE: JULY 6, 2010 AGI Nn ITEM TITLE Accept as complete Tukwila 205 Levee Tree Removal Project and release retainage Alotzon n Resolution I Ordinance 1 1 Bzd Award U Public Hearuzg 1 1 Other AP, Doty 07/06/10 A1tg Dale A1tg Date Mayor n Adm Svcs n DCD I Finance 1 Fire Le g al n P&R 1 I Ponce E] PT' t Mtg Date RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 07/06/10 Informational Memorandum dated 06/23/10 State of WA Dept of Revenue Notice of Completion 10 -059 Minutes from the Utilities Committee meeting of 06/29/10 A4g Date Mtg Date ITEM No. 4 e, The contract with Coby Construction of Covington, WA is complete for the Tukwila 205 Levee Tree Removal Project. This project removed willow trees along the Green River levee. Construction began May 14, 2010 and was completed on May 31, 2010. No change orders were issued and under -runs credited $28,131.62. King County Flood Control District will be reimbursing the City in full for this contract and staff time. Council is being asked to accept and finalize the contract in the amount of $144,395.88. COW Mtg. j CA &P Cmte I F &S Cmte n Transportation Cmte Uti hies Cmte n Arts Comm. n Parks Comm. n Planning Comm. DALE: 06/29/10 RECOMMENDATIONS: SPONSOR /ADMIN Public Works COMI\Ir TI E Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE RJsQUTRIM CONTRACT AMOUNT APPROPRIATION REQUIRED $144,395.88 $175,200.00 $0.00 1 2 TO: FROM: DATE: SUBJECT: ISSUE ANALYSIS City of Tukwila BACKGROUND Contract Award Amount Unit Price Under -runs Sales Tax at 9.5% RECOMMENDATION attachment: Notice of Completion INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee `ublic Works Director June 23, 2010 Tukwila 205 Levee Tree Removal Project No. 10901301, Contract No. 10 -059 Project Completion and Acceptance Accept contract as complete and authorize release of retainage. The Notice to Proceed for Contract No. 10 -059 with Coby Construction of Covington, Washington was issued on May 14, 2010 for the Tukwila 205 Levee Tree Removal Project. This project removed willow trees along the Green River levee. Jim Haggerton, Mayor Construction was physically completed on May 31, 2010. No change orders were issued and cost under -runs were due to the required scope of work being completed in less time and using fewer resources than anticipated in the contract. The outstanding retainage amount is $6,593.42. King County Flood Control District will be reimbursing the City in full for the cost of this contract as well as City staff time for a total invoice of $160,061 78. Total Amount Paid (including retainage) $160,000.00 (28,131.62) 12,527.50 $144.395.88 The Council is being asked to formally accept the contract as complete and authorize the release of retainage, subject to standard claim and lien release procedures for the Tukwila 205 Levee Tree Removal contract with Coby Construction in the final amount of $144,395.88, and to consider this item on the Consent Agenda of the July 6, 2010 Regular Meeting W \PW Eng \EMERGENCY OPSIHHD Flood Response Plan 1 09 01 3 0111nfo Memo Closeout Coby Const, 6- 23- 10.doc 3 From: State of Washington Department of Revenue Au- PO Box 47474 REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 602 792 822 Date 6/15/10 City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Description of Contract Tukwila 205 Levee Tree Removal 10901301 Contractor's Name Coby Construction Contractor's Address PO Box 8589, Covington, WA 98042 Date Work Commenced Date Work Completed Date Work Accepted 5/14/10 5/31/10 Surety or Bonding Company INSCO Insurance Services Inc., Underwriter for Developers Surety and Indemnity Agent's Address 17780 Fitch, Suite 200, Irvine, CA 92614 Sub -Total 131,868.38 Amount of Sales Tax Paid at 9.5 12,527.50 (If various rates apply, please send a breakdown.) TOTAL 144,395.88 Comments: REVS 1 0020e (6- 27 -01) NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT amEe Notice is hereby given relative to the completion of contract or project described below Finance Approval T Contract Amount 160,000.00 Additions 0.00 Reductions 28,131.62 u6.lic A Assigned To Date Assigned Signature Type or Print Name Diane Jaber Phone Number 206 433 -1871 Contract Number 10 -059 Telephone Number (253) 631 -2359 Liquidated Damages 0.00 Amount Disbursed Amount Retained urs pi g :CSf cer,z; TOTAL 137,802.46 6,593.42 144,395.88 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http. /dor.wa.gov. UTILITIES COMMITTEE Meeting Minutes June 29, 2010 5.00 p m. Conference Room #1 City of Tukwila Utilities Committee PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Dennis Robertson (for Allan Ekberg) Staff: Frank Iriarte, Gail Labanara, Peter Lau, Greg Villanueva, Mike Mathia, Ryan Larson and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:02 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. NPDES Proeram: Municipal Stormwater Capacity Grants FY 2011 Staff is seeking Committee approval to submit a Grant Acceptance Intent notice to the Washington State Department of Ecology for a non competitive grant program. The specific funding amount for the non- competitive program is based on the jurisdiction's population. The City of Tukwila will receive $118,485 in grant funds to be utilized for the implementation and management of stormwater activities. There is no matching fund requirement. COMMITTEE APPROVAL TO APPLY FOR GRANT. B. Tukwila 205 Levee Tree Removal Project Completion and Acceptance Staff is requesting Council approval for formal contract acceptance and release of retainage to Coby Construction for the Tukwila 205 Levee Tree Removal Project. This project called for the removal of willow trees along the Green River levee in order to maintain the levee's compliance as a federally certified levee. No change orders were issued during this project and the project came in $30,000 under the $175,200 contract amount due to cost under runs. The City will be reimbursed for 100% plus staff time by the King County Flood Control District for this project. UNANIMOUS APPROVAL. FORWARD TO JULY 6 REGULAR MEETING CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:21 p.m. Next meeting: Tuesday, July 13, 2010 5:00 p.m. Conf. Room No. 1. Committee Chair Approval Min s by KAM. Reviewed by GL. 5 6 1 CAS NUMBER. 10-074 Meeting Date Prepared by May r'r review ouncal review 06/28/10 N]O Aek' 07/06/10 N]O 7 (1., AGENDA ITEM TITLE Donation of Surplus Fire Equipment SPONSOR'S S UMMARY EYPENDITURE REQUIRED $o Fund Source: N/A Comments: COUNCIL AGENDA SYNOPSIS Initzals ITEM INFORMATION ORIGINAL AGENDA DATE. JUNE 22, 2010 CATEGORY Discussion Motion Resolution n Ordinance Mtg Date 06/22/10 Mtg Date Mtg Date 7/6/10 Mtg Date SPONSOR Council Mayor Adm Svcs n DCD n Finance Bid Award Mtg Date Fire 1 1 Legal n P Police P117 II MTG. DATE 1 RECORD OF COUNCIL ACTION 6/28/10 (Forward to next Regular Meeting 1 1 MTG. DATE ATTACHMENTS 6/28/10 Informational Memorandum dated 6/4/10 Resolutions in Draft Form Minutes from the Finance and Safety Committee Meeting of 6/22/10 I 7/06/10 Resolutions in Final Form Planning Comm. ITEM No. 5 4 Public Heanng n Other Mtg Date Mtg Date Surplus used rescue tools to King County Fire Protection District 11 and Salmon River Fire Department in Idaho (a former donation recipient); surplus backboards to King County Fire Protection District 43 (Maple Valley) for their MCI (Mass Casualty Trailer) REVIEWED BY COW Mtg n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. DATE: 6/22/10 RECOMMENDATIONS: SPONSOR /ADMIN. Fire COMMII"IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 7 8 ATTEST/AUTHENTICATED Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY. Office of the City Attorney City of TukwiIa Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING 15 MEDICAL BACKBOARDS SURPLUS, AND AUTHORIZING THEIR TRANSFER TO A ZONE 3 SHARED RESOURCE, MCI 81 (MASS CASUALTY INCIDENT APPARATUS), HOSTED BY THE MAPLE VALLEY FIRE AND LIFE SAFETY DEPARTMENT. WHEREAS, the City of Tukwila recently purchased two new Mass Casualty Incident Trailers, complete with 100 medical backboards per trailer; this purchase was made with Sound Transit mitigation funding; and WHEREAS, 15 of the Fire Department medical backboards are outdated, have outlived their usefulness to the Department, and have little to no monetary value, and WHEREAS, the City of Tukwila's Fire Department wishes to surplus and donate this equipment by transferring 15 medical backboards to MCI 81, a shared regional resource, hosted by the Maple Valley Fire and Life Safety Department; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. Fifteen medical backboards are hereby declared to be surplus. Section 2. Mayor Authorized to Donate. The Mayor is hereby authorized to donate 15 medical backboards to the Maple Valley Fire and Life Safety Department. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 W Word Processing\ Resolutions \Surplus Backboards.docx CF:ksn 6/29/2010 Dennis Robertson, Council President Filed with the -City Clerk: Passed by the City Council. Resolution Number Page 1 of 1 9 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. WHEREAS, the City of Tukwila recently purchased three new Holmatro Rescue Systems and accessory equipment "Jaws of Life" hydraulic rescue tool systems), purchased fully with mitigation funding provided by Sound Transit, to replace its worn Amkus Rescue Systems and accessory equipment; and WHEREAS, the Amkus Rescue Systems and accessory equipment have outlived their usefulness, are no longer needed by the City of Tukwila's Fire Department, and there is no re -sale market for such equipment; and WHEREAS, the City of Tukwila's Fire Department wishes to surplus and donate one each of the Amkus Rescue Systems and accessory equipment to the Salmon River, Idaho Fire Department and the North Highline Fire Department; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. Two Fire Department Amkus Rescue Systems and accessory equipment are hereby declared to be surplus. Section 2. Mayor Authorized to Donate. The Mayor is hereby authorized to donate to the Salmon River, Idaho, Fire Department and the North Highline Fire Department, one to each department, the two Fire Department Amkus Rescue Systems and accessory equipment. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED• Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney pity of Tukwila Washington Resolution No. W Word Processing Resolutions \Surplus P.mkus.docx CF:ksn 6/29/2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number Page 1 of 1 11 12 1 CAS NUMBER: 10-075 SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: 1 MTG. DATE 1 06/28/10 MTG. DATE 06/28/10 07/06/10 10 -075 Meeting Date 06/28/10 07/06/10 Discussion Motion Resolution Mtg Date 6/28/10 Mtg Date 7/6/10 Mtg Date n Council Mayor Adm Svcs DCD EXPENDITURE REQUIRED $0.00 COUNCIL AGENDA SYNOPSIS Prepared by 1 Mayors review RF 1 1 RF LV ITEM INFORMATION 1 ORIGINAL AGENDA DATE. JUNE 28, 2010 AGENDA ITEM TITLE Annual Comprehensive Plan /Zoning amendments for 2010 (i Ordinance Mtg Dale 1 Inztzals Mauna/ review RECORD OF COUNCIL ACTION Forward to next Regular Meeting n Planning Comm. ATTACHMENTS Informational memorandum dated 6/7/10, with attachments Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 No attachments ITEM No. Bzd Award Public Hearing Other Mtg Date Mtg Date Mtg Date 6/28/10 Finance Fire Legal P&R Police PW Tukwila may amend its Comprehensive Plan /Zoning map once per year, through a process involving review by the City Council and Planning Commission with opportunities for public comment during each review. A public meeting is scheduled on June 28, 2010 to receive comments on three applications to be considered in 2010. At the Regular meeting, of 7/6/10 the City Council will decide whether to forward the applications to the Planning Commission for additional consideration, and a recommendation. REVIEWED BY COW Mtg CA &P Cmte n F &S Cmte 1 Transportation Cmte (l Utilities Cmte Arts Comm. Parks Comm. DATE: 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST :IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 1 S 14 CATEGORY SPONSOR SPONSOR'S SUMMARY Fund Source: Comments. 1 MTG. DATE 04/26/10 1 05/03/10 06/28/10 MTG. DATE 06/28/10 07/06/10 Meeting Date 04/26/10 05/03/10 06/28/10 07/06/10 Discussion n Motion E Resolution Co UNCIL A GENDA SYNOPSIS Initials Prepared by Mayyr='jmen/ KAS KAS SM SM revzezv ITEM INFORMATION CAS NUMBER: 10-048 ORIGINAL AGENDA DATE: APRIL 26, 2010 AGENDA ITEM TITLE An Ordinance to update the Noise Code. ITEM NO. C Ordinance Bid Award Public Heanng n Other Mtg Date 06/28/10 Mtg Date Mtg Date Mtg Date 7/06/10 Mtg Date Mtg Date 04/26/10 Mtg Date Council Mayor Adm Svcs DCD Finance n Fire I Legal P&R Police n PW/ A Public Hearing on an ordinance updating regulations related to noise was conducted on 4/26/10. The Council is being asked to consider and forward to Full Council for adoption a revised draft ordinance updating regulations related to noise and an ordinance amending the Zoning Code to reflect changes based on new noise regulations. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utihties Cmte Arts Comm. 1 Parks Comm. n Planning Comm. DATE: 04/12/10 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Police Department COMMITTEE Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE AMOUNT BUDGETED $0 n Transportation Cmte EXPENDITURE REQUIRED APPROPRIATION REQUIRED $0 $0 RECORD OF COUNCIL ACTION Public Hearing; Recommended to Full Council for adoption Recommend return to CAP w /map options to address citizen's concerns Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 6/28/10 Ordinance updating Noise Regulations in draft form Ordinance amending the Zoning Code in draft form Informational Memorandum with attachments from CAP dated 6/14/10 Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 Ordinances in final form 15 16 Ci of Tukwf Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare; and WHEREAS, it is the express intent of the City Council to control the level of noise in a manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose, and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others; and WHEREAS, the problem of noise in the City has been investigated by the Director of Community Development and the Chief of Police, and based on these investigations the City Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions exist within the City that make necessary any and all differences between this chapter and the regulations adopted by the Department of Ecology in Chapters 173 58,173 -60 and 173 -62 WAC, and that make necessary the provision for criminal as well as civil penalties for violation of this chapter; and WHEREAS, the City Council has determined that noise that travels more than 50 feet from its source disturbs the peace and repose of its citizens; and WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or impractical if a noise measuring device is required under every circumstance; and WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology for review and approval, pursuant to RCW 70.107.060; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows: Chapter 8.22 NOISE Sections: 8.22.010 Purpose 8.22.020 Definitions 8.22.030 General Powers of the Administrator 8.22.040 Measurement of Sound 8.22.050 Maximum Permissible Sound Levels 8.22.060 Muffler Requirements 8.22.070 Modification of Motor Vehicles 8.22.080 Tire Noise 8.22.090 Motor Vehicle Exemptions 8.22.100 Sounds Exempt at all Times 8.22.110 Sounds Exempt During Daytime Hours 8.22.120 Variances 8.22.130 Extension 8.22.140 Fees for Variances 8.22.150 Violation Penalty 8.22.160 Liability W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:lsn 06/29/2010 Page 1 of 9 17 18 Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows: 8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows: 8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. 'Administrator" means the Director of Community Development, the Chief of Police, or their designee, including the Hearing Examiner 2. "Affected tenant" means a business located within a required public notice area which conducts business or maintains open hours during the tirne period in which a noise variance is sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only and not residential tenants. 3. "Audio equipment" means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players and other such devices. 4. "Commercial music" means music originating from or in connection with the operation of any commercial establishment or enterprise. 5. "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights -of -way, structures, utilities or similar property 6. "Daytime" means 7AM -10PM, Monday through Friday and 8AM -10PM, Saturday, Sunday and State recognized holidays. 7. "dB(A)" means the sound level measured in decibels, using the A- weighting network. 8. "District" or "noise control district" means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter. a. "Residential district" includes zones designated as LDR, MDR and HDR, b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC, RCM, TUC, C/ LI and TVS, and c. "Industrial district" includes zones designated as LI, HI, MIC /L and MIC /H. 9 "Emergency work" means work required to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work required to restore property to a safe operating condition following a weather event, or work by private or public utilities for restoring immediately necessary utility service. 10. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. 11. "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except that farm equipment and vehicles powered by engines of less than five horsepower shall not be included. 12. "Motor vehicle" means any vehicle that is self propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not "motor vehicles" as the term is used herein.) 13. "Motor vehicle sound systems" means audio equipment installed or used in a motor vehicle. 14. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and designed to reduce the sound resulting therefrom. 15. "Nighttime" means 10PM -7AM, Monday through Friday and 10PM -8AM, Saturday, Sunday and State recognized holidays. W\ Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 2 of 9 16. "Noise" means the intensity, duration and character of sounds from any and all sources. 17 "Noise sensitive unit" means real property used as a residence, school, church, hospital or public library. Property located in an industrial or commercial zone is not a noise sensitive unit unless it meets the above criteria. 18. "Person" means any individual, firm, association, partnership, corporation or arty other entity, public or private. 19. "Plainly audible" means sound made by a sound producing source that can be heard by a person using their unaided hearing faculties. Plainly audible sound includes any component of sound, including but not limited to, rhythmic bass or comprehensible musical rhythms. It is not necessary for such person to be able to determine the title, specific words or artist of music or the content of any speech for the sound to be considered "plainly audible" 20. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation (WSDOT) or any county or city, when any part thereof is generally for the use of the public for purposes of vehicular travel or a matter of right. 21. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. 22. "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property Individual offices or dwelling units within a building may constitute a receiving property 23. "Residence" means a building regularly or intermittently occupied by a person for dwelling, lodging or sleeping purposes. 24. `Residential party" means a social gathering held in a place of residence. 25 "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4 -1971. 26. "Sound level meter" means a sound level measuring device, either Type I or Type H, as defined by American National Standards Institute Specifications, ANSI S1.4 -1983 27. "Sound- producing source" means anything that is capable of making sound. Sound producing source includes, but is not limited to, the following a. air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps; b. air horns, bells or sirens; c. audio equipment; d. domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf /snow blowers, and similar tools and devices; e. loudspeakers or public address systems; f. musical instruments; g. human voice; h. animal sounds; i. mechanical or electrical noise; j. vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street; k. residential party; 1. motor vehicle sound systems; or m. commercial music 28. "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm or vehicle backup signal, but not including any fire alarm. Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows: W\ Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 3 of 9 19 20 8.22.030 General Powers of the Administrator. A. Subject to the provisions of this code, the administrator may take such action as may be necessary to abate a sound producing source that causes or may cause, by itself or in combination with any other sound producing source or sources, an unreasonable or prohibited noise. The administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter B The administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter, including but not limited to, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices or sound mitigation equipment or devices. C. The administrator may promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this chapter D The administrator shall have the power to issue notices of violation for violations of this chapter Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows: 8.22.040 Measurement of Sound. A. The use of a sound level meter is not required to verify a noise violation. B. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, ANSI S1.4 -1983. If the measurements are made with other instruments or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in ANSI S1 4 -1983 for Type II instruments. Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows: 8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess of the permissible sound levels established by this chapter. 1. No person may produce or permit to be produced sound that exceeds the following maximum permissible sound levels when measured at or within the boundary of a receiving property. District of District of Sound Receiving Property Producing Residential, Residential, Source Daytime Nighttime I Commercial Industrial 1 Residential 1 55 dB(A) 45 dB(A) I 57 dB(A) 1 60 dB(A) Commercial I 57 dB(A) 47 dB(A) I 60 dB(A) I 65 dB(A) 1 Industrial 1 60 dB(A) 50 dB(A) 1 65 dB(A) 1 70 dB(A) 2. At any hour of the day or night, the applicable noise limitations above may be exceeded for any receiving property by no more than: a. 5 dB(A) for a total of 15 minutes in any one -hour period, b. 10 dB(A) for a total of 5 minutes in any one -hour period, or c. 15d13(A) for a total of 1.5 minutes in any one -hour period. 3. The following also exceeds the maximum permissible sound levels: a. In all districts of the City, no sound from a sound producing source is permitted that is: 1) plainly audible from a motor vehicle sound system at a distance of at least 50 feet from the vehicle itself; or 2) plainly audible commercial music at a distance of at least 50 feet from the property line of the commercial establishment; or 3) plainly audible during nighttime hours from within a noise sensitive unit of the receiving property; and b. When the receiving property is in a residential district, no sound from a sound producing source is permitted that is plainly audible at a distance of at Least 50 feet from the W.\ Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 4 of 9 exterior of a sound producing source, including sounds created by any motor vehicle operated off public highways. Section 7 Regulations Amended. TMC Section 8.22.060 shall read as follows: 8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to permit any person to operate any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows: 8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative or cause to be removed or rendered inoperative (other than for purposes of maintenance, repair or replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the public highway. Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows: 8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around comers or other such reason, provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows: 8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050. Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows: 8.22.100 Sounds Exempt at all Times. A. The following sound producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft in flight and sounds that originate at airports that are directly related to flight operations. 2. Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device. 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane. 4. Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property. 5 Warning devices not operated continuously for more than five minutes per incident. 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7 Natural phenomena. 8. City- sanctioned parades, sporting events and other City- sanctioned public events. 9 Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi- family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City 10. Sounds created by existing or new electrical substations and existing or new stationary equipment used in the conveyance of water, waste water and natural gas by a utility are exempt from the nighttime reduction of TMC Section 8.22.050(B) only W \Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 5 of 9 21 22 B Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.05 Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows: 8.22.110 Sounds Exempt During Daytime Hours. A. The following sound producing sources are exempt from the provisions of this chapter during daytime hours: 1. Aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible. 2. Bells, chimes or carillons operating for not more than five minutes in any one hour 3. Sounds created by construction or the movement of construction- related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites. 4. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters. 5. Sounds created by the installation or repair of essential utility services. 6. Sounds created by equipment used for public highway maintenance and construction. 7 The testing of emergency back -up generators or other emergency equipment. B. Sounds originating from the discharge of firearms on shooting ranges authorized under State and local law are exempt from the provisions of this chapter between 7AM and 9PM, Monday through Friday and 8AM and 6PM, Saturday, Sunday and State recognized holidays. C. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility The establishment of such requirement shall be subject to the provisions of RCW 34.04. Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows: 8.22.120 Variances. A. Any person who owns or operates a sound producing source may apply for a variance. B Application types are based on the number of days /nights the sound source will exceed the maximum permissible sound levels as shown in the following table: Number of days /nights maximum permissible sound level may be exceeded within a 12 -month period 30 days or less 31 -60 days More than 60 days Variance Permit Type Type 1 Administrative Variance Type 2 Administrative Variance Type 3 Variance (1) Mailed notice shall be provided per TMC Section 18.104.120 excepting that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual tljpe or intensity of noise or length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, and /or notice posted at the site. (3) In the case of residential parties and prior to granting the variance, the applicant shall provide written notice to all residents within 500 feet of where the event is being held. When the 500 foot radius includes nndti family complexes, all residents of the complex shall be notified. W\ Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Notice of Application Requirements No notice (2,3) Mailed notice (1,2) Mailed notice (1,2) Public Hearing Requirements No Hearing No Hearing Public Hearing Page 6 of 9 C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code. D Applications for a variance to exceed the maximum permissible sound levels shall supply information, including but not limited to: 1. The nature, source, intensity and location of the sound, 2. The hours during the day and /or night the noise will occur; 3 The number of days and /or nights the noise will occur; 4. The ambient sound level during the time of day or night for which the variance is being sought; 5. The time period for which the variance is requested, 6. The reason for which the noise violation cannot be avoided, 7 Mitigating conditions the applicant will implement to minimize the sound level violations; 8. The name, address and means of contacting a responsible party during the hours of operation for which the variance is requested, and 9 Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. E. No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist: 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district; 3. The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010. F In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter The variance permit shall enumerate the conditions of the variance, including but not limited to: 1. Specific dates and times for which the variance is valid, 2. Additional mitigation measures or public notice requirements as determined by the administrator 3 If the notice of application is for a sound generating event that does not start within thirty days of the notice, the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi- family complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the project. An affidavit of distribution shall be provided to the City G. In establishing conditions on granting a variance, the administrator shall consider. 1. Whether the public health, safety or welfare is impacted, 2. The social and economic value of the activity for which the variance is sought; 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5 Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. H. The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is: 1. Violation of one or more conditions of the variance permit; W Word Processing Ordinances \Noise (revised final draft ord for COW 6 29).docx DM:ksn 06/29/2010 Page7 23 24 2. Material misrepresentation of fact in the variance application, or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance. Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows: 8.22.130 Extension. A. Variances granted pursuant to this chapter may be extended on terms and conditions applicable to the initial granting of the variance. B. If granted for a shorter timeframe than otherwise allowed under the permit type, the holder of a variance permit may request one or more extensions. C. Prior to granting an extension, the administrator shall consider any comment or lack of comment received during the initial variance period. D The administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating there are no practical means known or available for the adequate abatement or control of the noise involved. E. Any request for an extension shall be submitted in writing and received by the administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days prior to the expiration of a Type 3 variance. F A request for an extension does not require re- noticing or a public hearing, but may be required by the administrator. Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows: 8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the variance application is filed with the City. The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows: 8.22.150 Violation Penalty. A. Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8.45.050. The monetary penalties are set forth below 1. First civil penalty, $250.00. 2. Second civil penalty, $500.00. 3. Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment. 4. At such time that two civil penalties have been assessed within a one -year period, City- issued permits and /or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. 5 Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter B. The administrator may waive or reduce monetary penalties if findings are made demonstrating that the noise violation has been remedied. C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings, commercial establishments, and or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred or imposed under this chapter. D The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows: 8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction W Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 8 of 9 on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 18. Repealer. Ordinance No. 2002 is hereby repealed. Section 19. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 20. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City within five days of passage as provided by law This ordinance shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Jim Haggerton, Mayor IN' Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06 /29/2010 Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number. Page 9 of 9 25 26 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the noise code of the City of Tukwila establishes permit application types pursuant to the Zoning Code; and WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and procedures and the City wishes to update these permit types to include noise variance applications; and WHEREAS, on April 26, 2010, the Tukwila City Council Committee of the Whole, following adequate public notice, held a public hearing to receive testimony concerning amending the noise code and adopted a motion recommending the proposed changes; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinances Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19 and 2251 (part), as codified at TMC Section 18.104.010, are amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Type 1 Decisions TYPE OF PERMIT DECISION MAKER 1 Administrative Variance for Noise 30 Community Development Director City of Tukwila days or less (TMC 8.22.120) Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Development Permit Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) W \Word Processing \Ordinances \Title 18 Zoning Code Noise.doc KS:lan 06/29/2010 As specified by ordinance Community Development Director Building Official Community Development Director Community Development Director Page 1 of 4 27 2 TYPE OF PERMIT Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable 1 Tree Permit (TMC Chapter 18.54) Wireless Communication Facility, Minor (TMC Chapter 18.58) TYPE OF PERMIT Administrative Design Review (TMC Section 18.60.030) Administrative Planned Residential Development (TMC Section 18.46.110) Administrative Variance for Noise 31 -60 days (TMC Section 8.22.120) Binding Site Improvement Plan (TMC Chapter 17.16) Cargo Container Placement (TMC Section 18.50.060) Code Interpretation (TMC Section 18.90.010) Exception from Single Family Design Standard (TMC Section 18.50.050) Modification to Development Standards (TMC Section 18.41.100) Parking standard for use not specified (TMC Section 18.56.100) Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Shoreline Substantial Development Permit (TMC Chapter 18.44) Short Plat (TMC Chapter 17.12) Sign Area Increase (TMC Section 19.32.140) Sign Permit Denial (TMC Chapter 19.12) Special Permission Parking, and Modifications to Certain Parking Standards (TMC Sections 18.56.065 and .070) Special Permission Sign, except "unique sign" (various sections of TMC Title 19) W\ Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 DECISION MAKER Community Development Director Short Plat Committee Community Development Director Community Development Director 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions INITIAL DECISION MAKER Community Development Director Short Plat Committee Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Short Plat Committee Community Development Director Community Development Director Community Development Director Community Development Director APPEAL BODY (open record appeal) Board of Architectural Review Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner State Shorelines Hearings Board Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Page 2 of 4 TYPE OF PERMIT Wireless Communication Facility, Minor (TMC Chapter 18.58) 3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58 Type 3 Decisions 1 TYPE OF PERMIT I Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45 180) 1 Resolve uncertain zone district boundary Shoreline Conditional Use Permit (TMC Section 18.44.050) Subdivision Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) TSO Special Permission Use (TMC Section 18.41.060) Variance (zoning, shoreline, sidewalk, land alteration, sign) Variance from Parking Standards over 10% (TMC Section 18.56.140) Variance for Noise in excess of 60 days (TMC Section 8.22.120) Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) 4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions TYPE OF PERMIT Public Hearing Design Review (TMC Chapter 18.60) Subdivision Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Unique Signs (TMC Section 19.28.010) W'\ Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06 /29/2010 INITIAL DECISION APPEAL BODY MAKER (open record appeal) Community Development Hearing Examiner Director I DECISION MAKER 1 APPEAL BODY 1 Hearing Examiner I Superior Court Hearing Examiner Superior Court Hearing Examiner Superior Court 1 Hearing Examiner Planning Commission Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner INITIAL DECISION MAKER Board of Architectural Review Planning Commission Planning Commission 1 Superior Court State Shorelines Hearings Board Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court APPEAL BODY (closed record appeal) Hearing Examiner Hearing Examiner Hearing Examiner 5 Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. Page 3 of 4 29 30 Type 5 Decisions TYPE OF PERMIT Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) Rezone (TMC Chapter 18.84) Sensitive Area Master Plan Overlay (TMC Section 18.45.160) Shoreline Environment Re- designation (Shoreline Master Program) Subdivision Final Plat (TMC Section 17.12.030) Unclassified Use (TMC Chapter 18.66) Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY. Office of the City Attorney W Word Processing \Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 DECISION MAKER City Council 1 City Council City Council City Council 1 City Council 1 City Council Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number: APPEAL BODY Superior Court 1 Superior Court Superior Court Superior Court 1 Superior Court 1 Superior Court Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED• Page 4 of 4 CAS NUMBER: 10-078 CATEGORY 1 SPONSOR SPONSOR'S SUMMARY Fund Source: Comments 1 MTG. DATE 1 7/6/10 1 MTG. DATE 7/6/10 1 O -07R Meeting Date Prepared by 07/06/10 RS Discussion Motion Mtg Date 7/6/10 Mtg Date Council Mayor n Adm Svcs COUNCIL AGENDA SYNOPSIS Resolution Mtg Date DCD Inztzals Mayprzezv ITEM INFORMATION ORIGINAL AGENDA DATE. JULY 6, 2010 U Ordinance Mtg Date Mtg Date 4j rnc revzew RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 6/30/10 Summary of Parks and Recreation Budget Reduction Proposals Staff Study of Recreation Programs and Services (spreadsheet) FCS 2009 Costs and Revenues by Program (spreadsheet) FCS Presentation /Conclusions Recreation Fee Resolution #1536 approved in 2003 ITEMNO. AGENDA ITEM TITLE Administration presentation of Full Cost of Recreation Programs and Services Bic Award I I Public Hearing Other Mtg Date Mtg Date H Finance n Fire Legal P&R n Police PW Parks and Recreation Administration will provide a summary of the total cost of providing Recreation programs and services including direct, indirect and facility costs based on information provided by staff and external consultant. The Council is being asked for policy direction so staff can review and, if appropriate, revise its prior budget reduction proposals. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte n Utilities Cmte n Arts Comm. Parks Comm. DA IS. RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department CoMMII IEE Information Only; Agenda item taken directly to Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED U Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED 31 32 City of Tukwila TO: Mayor Haggerton Committee of the Whole DATE: June 28, 2010 INFORMATIONAL MEMORANDUM FROM: Rick Still, Director of Parks and Recreation BY: Dave Johnson, Acting Deputy Director SUBJECT: Full Cost of Recreation Programs ISSUE Following its initial review of recommended Parks and Recreation Department program reductions, City Council requested additional information on the full costs of providing such services. Table 1 Summary of Direct and Indirect Cost Recovery Recreation Programs Overhead Direct Total Admin Direct Total Cost Cost Costs Costs Total Costs Revenues Recovery Recovery Senior Programs 191,623 430,045 1 621,668 54,020 13% 9% Youth/Teen Programs 311,910 681,351 1 993,262 232,944 34% 23% General Programs 209,461 503,051 I 712,513 197,890 39% 28% Rentals and Operations 163,312 318,647 481,959 275,079 86% 57% Volunteers and Events 105,413 228,565 333,978 0% 0% Total 981,720 2,161,660 1 3,143,380 759,933 35% 24% Jim Haggerton, Mayor BACKGROUND At the May 24 Committee of the Whole meeting, staff presented proposals for reducing the Parks and Recreation Department budget by $448,000 (approximately 12 A summary of the ten (10) proposed service reductions is included as Attachment A. The City Council requested that staff prepare additional information regarding the total cost of providing recreation programs, to include Direct, Indirect and Facility costs. At the suggestion of Council President Robertson, staff sought the assistance of an external accounting consultant. Staff selected the FCS Group of Bellevue, WA to assist in the cost analysis. FCS has successfully performed similar work for Tukwila in the past. Staff provided FCS with a spreadsheet detailing facility utilization, Direct and Indirect program costs, program revenue and participation rates (Attachment B) relevant Eden Systems financial reports, and CLASS program registration reports. Staff worked closely with FCS to gather data and prepare the financial analysis spreadsheet that is included as Attachment C. Attachment D provides the FCS Group's conclusions. Table 1 provides a high -level summary of the conclusions of this analysis. Information on the allocation of Direct and Indirect costs is provided by Attachment D, under "Assumptions and Methodology." 33 INFORMATIONAL MEMO Page 2 "Direct costs" are generally those costs directly attributable to a specific program, including cost of compensation for program staff, supplies and contracted services specifically needed to provide the program. Resolution No. 1536 (Attachment E), which established policies for setting recreation and aquatic program and class fees, defines "Direct costs" as "those costs directly related to the specific operation of the activity, such as balls, field or building rental, umpires or trophies for sports leagues, or instructor wages and supplied materials." Eliminating a specific program will result in immediate cost savings equivalent to "Direct costs." "Indirect costs" generally include the cost of maintaining and operating facilities, overhead related to citywide staff support (finance, human resources, administration, etc), and overhead related to recreation staff management and oversight. As defined by Resolution No. 1536, "Indirect costs" "are costs included as part of the general operating expenses of all recreation programs, such as brochure printing, Tukwila Community Center rooms and utilities maintenance, and City staff wages and salaries." Eliminating a specific program will not automatically result in immediate savings in Indirect costs. For example, eliminating an individual recreation class held at the Tukwila Community Center may not result in a measurable reduction in TCC maintenance and operating costs, or in citywide overhead costs. Resolution No. 1536 further states: "When fees are set for programs and activities, they shall include the direct costs for operating the program, and may also include indirect costs as determined by the Parks and Recreation Director or his /her designee" (Section 2.B). There are several possible methodologies for distributing Indirect costs to recreation programs and services (each have associated pros and cons). For this analysis, the method of distributing Indirect facilities costs is based upon the hours used per room for TCC. Some additional items to consider when determining how to account for facility costs include: Over 17,000 square feet of 'common' space custodial rooms, bathrooms, hallways and offices, which do not generate revenue. This space was distributed on a square foot percent of the facilities total square foot basis. Approximately $25,000 in 2009 revenue was not collected due to other City Departments' use of the facility. Approximately $11,500 in 2009 was not collected due to Resident Non profits' use of the facility. Some programs and services are not held at TCC, therefore no overhead costs are allocated. DISCUSSION Tukwila Parks and Recreation programs and services have long been recognized for excellence and affordability. More importantly, Parks and Recreation services in Tukwila provide countless direct and indirect benefits that make Tukwila a vibrant, healthy community. Staff is eager to receive guidance from City Council in order to maximize resources to ensure that standards for planning and implementing Parks and Recreation programs and services continue. Parks and Recreation opportunities sustain the healthy, green, and positive atmosphere that makes Tukwila a special place to live, work, and play. After working with FCS on the Recreation Program and Services cost analysis, staff believes there are several policy issues that should be addressed before final decisions regarding recreation program reductions can be made: 34 W:12010InfoMemos\BudgetRec Program Full Cost analysis_2 (revised).docx 7/1/2010 2:43:54 PM INFORMATIONAL MEMO Page 3 1. Should fees be revised to increase the percentage of Direct and Indirect cost recovery? This would allow us to meet current budget targets with fewer program reductions, unless fee increases result in "pricing out" significant numbers of participants. 2. Should the percentage of cost recovery (and therefore the level of general fund subsidy) vary by type of program (i.e., Senior, Youth and Teen, General Programs, Rentals, and Volunteers Events)? 3 Should non residents pay more than residents for recreation programs or services? If so, what percentage? 4. Should the City continue to provide free room usage at TCC for Resident Non profits? Examples, Tukwila Children's Foundation, youth sports association, Girt Scouts, and Garden Club. Council guidance on these policy issues will help staff to refine its proposal regarding the most beneficial way to meet our $448,000 cost reduction target. RECOMMENDATION The City Council is being asked for policy direction so staff can review and, if appropriate, revise its prior budget reduction proposals. ATTACHMENTS A. Summary of Parks and Recreation Budget Reduction Proposals (5/24/2010) B. Staff Study of Recreation Programs and Services (spreadsheet) C. FCS 2009 Costs and revenues by Program (spreadsheet) D. FCS Presentation /Conclusions E. Recreation Fee Resolution #1536 W:\2010InfoMemoslBudgetRec Program Full Cost analysis_2 (revised).docx 7/1/2010 2:43:54 PM 35 36 Proposal 1 2 3 4 5 6 7 8 9 10 Revenue Loss Net Budget Reduction Attachment A Summary of Parks and Recreation Budget Reduction Proposals Presented to COW on 5/24/2010 Brief Description Reduce Administrative capabilities for the Parks and Recreation Department Eliminate Tukwila Days Eliminate the Employee Recognition Banquet Reduce Recreation Programs and Services for Youth and Teens Reduce Recreation Programs and Services for Seniors Reduce General Recreation Programs and Services Reduce Services for Facility Rentals and Operations Reduce various Recreation Administration expenses Transfer 0.50 FTE from Parks Maintenance to Golf budget Reduce overall level of Park Maintenance Services Reduction 103,000 25,000 12,000 102,000 51,000 42,000 11,000 17,000 28,000 77,000 468,000 (20,000) 448,000 W bdministration\RICK\BUDGET12010 11 49% cuts for 2011 \second review\ATTACHMENT A Summary of Budget Reduction Proposals from 5,24.10 06/30/2010 4 07 PM 37 38 ATTACHMENT B STAFF STUDY OF RECREATION PROGRAMS AND SERVICES 39 40 ATTACHMENT B STAFF STUDY OF RECREATION PROGRAMS AND SERVICES 41 42 ATTACHMENT B STAFF STUDY OF RECREATION PROGRAMS AND SERVICES 43 44 ATTACHMENT B STAFF STUDY OF RECREATION PROGRAMS AND SERVICES 45 46 ATTACHMENT C FCS 2009 COSTS AND REVENUE BY PROGRAM 48 ATTACHMENT C FCS 2009 COSTS AND REVENUE BY PROGRAM 49 50 ATTACHMENT C FCS 2009 COSTS AND REVENUE BY PROGRAM 51 52 ATTACHMENT C FCS 2009 COSTS AND REVENUE BY PROGRAM 53 54 Attachment D FCS Presentation /Conclusions Background The City's Parks Recreation Department, with assistance from FCS GROUP, analyzed the cost of service and cost recovery for the following sections in the Recreation Division Senior Programs Youth Teen Programs General Programs Rentals Operations Volunteers Events Data Used for Analysis Expenditure data used for this analysis included Citywide Overhead: The City's 2010 Indirect Cost Allocation Plan Parks Department Overhead: 2009 Actual Expenditures for the Administrative Division Full -Time and Part-Time Staff: 2009 Actual Expenditures and 2009 Payroll data Supplies and Services: 2009 Actual Expenditures Facilities: 2009 Facility Costs Report Vehicles: 2009 Fleet Costs by Unit Report Parks Maintenance: Cost estimates by program prepared by City staff Revenue and other data used for this analysis included Revenues: 2009 CLASS revenue data Program Hours: Total hours for each program by facility Assumptions Methodology Citywide and Parks Department overhead costs were allocated across the Parks Department (including the 301 and 411 Funds) using 2009 actual expenditures. The Recreation Division's share was then allocated to the sections using section costs. Full -time staff costs were assigned to the sections based on Payroll data Recreation Division administration costs were allocated to the sections using total salaries benefits (including part-time staff), except for the costs of front desk staff, which were allocated to the sections using time estimates provided by City staff. Revenues were allocated to sections by City staff using CLASS account data. $13,017.60 belonged to both the Youth Teen and General programs, and was split between them 50/50. The costs of part -time staff, supplies, and services were allocated directly to programs by City staff. All remaining costs were allocated to programs using total program activity hours. Revenues were not allocated to programs because that information is unavailable at this time. W Administration RICK\BUDGET\2010 11 49% cuts for 2011\second review \ATTACHMENT D FCS PresentationConclusions.doc 6/30/20105 02.54 P61 55 56 We were able to identify all but $15,175 (0.65 of the Recreation Division's actual expenditures for 2009. This unidentified amount was included as part of the Recreation Division administration costs and allocated to all sections. The 2009 CLASS revenue data included $29,162 of revenues collected in 2007 for 2008 events. These have been removed. $95,897 was identified by City staff as not belonging to a particular program. These costs were included as part of the Recreation Division administration costs and allocated to all programs. $130,000 for the Tukwila Community Schools Collaboration was removed, because the contract is not administered by Recreation Division staff. Cost of Service and Cost Recovery Analyses For 2009, the Recreation Division recovered 35% of its direct costs and 24% of its total costs. Indirect costs include Citywide overhead, Parks Department overhead, and Recreation Division administration costs. Direct Costs include all Recreation Division personnel, supplies, services costs, facilities, vehicles, and Parks Maintenance costs, except those included as part of Recreation Division administration. %Direct %Total Overhead Total Cost Cost Admin Costs Direct Costs Total Costs Revenues Recovery Recovery Senior Programs 191,623 430,045 621,668 54,020 13% 9% Youth Teen Programs 311,910 681,351 993,262 232,944 34% 23% General Programs 209,461 503,051 712,513 197,890 39% 28% Rentals Operations 163,312 318,647 481,959 275,079 86% 57% Volunteers Events 105,413 228,565 333,978 0% 0% !Total I 981,720 $2,161,660 $3,143,380 I $759,933 1 35% 1 24% Recreation Division Cost Recovery Analysis 2009 Costs $3,143,380 Recreation Divsion 2009 Revenues $759,933 W Administration\RICK \BUDGET\2010 11 49% cuts for 201 1 \second review \ATTACHMENT D FCS PresentationCondusions.doc 6/30/20105:05'04 PM 57 58 Senior Programs Cost Recovery Analysis Senior Programs 2009 Costs $621,668 Youth Teen Programs Cost Recovery Analysis Youth Teen Programs 2009 Costs $993,262 2009 Revenues $54,020 2009 Revenues $232,944 W Administration RICK \BUDGET\2010 11 49% cuts for 2011\second review \ATTACHMENT D FCS PresentationConclusions doc 6/30/20105 0504 0I1/1 59 60 General Programs Cost Recovery Analysis General Programs 2009 Costs $712,513 2009 Revenues $197,890 drywide'phi Rentals Operations Cost Recovery Analysis Rentals Operations 2009 Costs $481,959 2009 Revenues $275,079 W Administration \RICK \BUDGET \2010 11 49% cuts for 2011\second review \ATTACHMENT D FCS PresentationConclusions.doc 6/30/20105.05 PM 61 62 Volunteers Events Cost Recovery Analysis Volunteers Events 2009 Costs $333,978 2009 Revenues $0 W Administration \RICK\BUDGET\2010 11 49% cuts for 201 1 \second review \ATTACHMENT D FCS PresentationConclusions.doc 6/30/20105 04 PM 63 64 Potential Fee Adjustments Average fee increases needed to fully recover total costs Total Avg Fee Total Costs Revenues Increase Senior Programs 621,668 54,020 1051% Youth Teen Programs 993,262 232,944 326% General Programs 712,513 197,890 260% Rentals Operations 481,959 275,079 75% Volunteers Events 333,978 n/a Total $3,143,380 759,933 314% Average fee increases needed to fully recover direct costs Direct Total Avg Fee Costs* Revenues Increase Senior Programs 430,045 54,020 696% Youth Teen Programs 681,351 232,944 192% General Programs 503,051 197,890 154% Rentals Operations 318,647 275,079 16% Volunteers Events 228,565 n/a Total $2,161,660 759,933 184% W Administration\RICK\BUDGET\2010 11 49% cuts for 2011 \second review \ATTACHMENT D FCS PresentalionConclusions doc 6/30/20105 02,54 PM 65 66 Cost Recovery Highlights by Program For each section, identifies the top five programs with the greatest differences between costs and revenues. Program revenues are estimates provided by City staff. The Volunteer Events Section had no estimated revenues, and was not included Top Five Cost/Revenue Differences SENIOR PROGRAMS Difference between Costs Revenues: Top 5 Programs Program Senior Trips Tours Duwamish Curve Cafe Drop In Free Fitness Room Open Gym Volleyball YOUTH TEEN PROGRAMS Cost Revenue Difference 150,351 14,793 (135, 558) 135,977 17,399 (118, 578) 105,161 (105,161) 37,050 (37, 050) 35,539 307 (35, 232) Difference between Costs Revenues: Top 5 Programs AfterSchool Program Camp Tukwilly Teen Summer Camp Early Birds Adventure Camp Program Cost 214,044 39,223 213,175 92,095 127,857 21,038 90,160 7,265 121,284 38,502 Revenue Difference W administration \RICK\BUDGET\2010 11 49% cuts for 2011\ second revieolATTACHMENT D FCS PresentationConclusions doc (174, 821) (121, 080) (106,819) (82, 895) (82, 782) 6/30/20105 02 54 PM 67 68 Top Five Cost/Revenue Differences (cont.) GENERAL PROGRAMS Difference between Costs Revenues: Top 5 Programs Program Fitness Room Supervision YT BB League Adult Open Gym basketball Playground Program Preschool 4 Year Olds Program Rentals Ball Field Rentals Facility Rentals Shelter City No Charge Non Profit No Charge 330,947 63,103 21,549 18,742 27,287 RENTALS OPERATIONS* *Rentals Operations has only 5 programs Cost Revenue Difference 75,535 26,350 10,079 Difference between Costs Revenues: Top 5 Programs Cost Revenue 72,258 3,780 334,448 277,964 43,124 5,640 24,853 7,276 Rt Administration UCK \BUDGET12010 11 49% cuts for 201 I \second review \ATTACHMENT D FCS PresentationConclusions doc (255,412) (36, 753) (21, 549) (18, 742) (17,208) Difference (68,478) (56, 484) (37, 484) (24, 853) (7,276) 6/30/2010502 54 PM 69 70 Section 1. Definitions. City of Tukwila Washington Resolution No. /53G0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING POLICIES FOR SETTING FEES FOR THE CITY'S RECREATION AND AQUATICS PROGRAMS, CLASSES, SERVICES AND FACILITIES, AND REPEALING RESOLUTION 1414. WHEREAS, the City Council desires to adopt recreation fees that are both fair to participants and fiscally responsible from the City's viewpoint; and WHEREAS, recreation and aquatic programs, classes, services and facilities are important to the health and well being of the community; and WHEREAS, Tukwila has a full range of programs, classes, services and facilities, and those should all be equitable on their own and with one another, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: A. Age groups. 1 "Youth" means persons under the age of 18 2. "Adult" means persons aged 18 -54. 3 "Senior Adult" means persons age 55 and over B Costs: 1 "Direct costs" are those costs directly related to the specific operation of the activity, such as balls, field or building rental, umpires or trophies for sports leagues, or instructor wages and supplied materials. 2. "Indirect costs" are costs included as part of the general operating expenses of all recreation programs, such as brochure printing, Tukwila Comrnuruty Center rooms and utilities maintenance, and City staff wages and salaries. Section 2. General Policies. A. Specific program fees within each age group can vary according to program needs, participants' ability to pay, market rates for similar programs, and the availabihty of City funding B When fees are set for programs and activities, they shall include the direct costs for operating the program, and may also include indirect costs as determined by the Parks and Recreation Director or his /her designee C When additional funding through grants, donations or sponsorships is acquired for a program or activity, the fee for the program may be adjusted with approval from the Parks and Recreation Director or his /her designee Recreation Fees 11/18/03 1 Attachment E Recreation Fee Resolution #1536 71 72 D Fees and charges are set by the Parks and Recreation Director and are subject to periodic review at least annually by the Parks Commission and the City Council's Community and Parks Committee. E The Parks and Recreation Director or his /her designee may waive part or all of a fee in case of financial hardship F Other fees and charges, such as deposits, late fees, and admilustrative processing fees, may be assessed for programs, activities and services as deemed necessary by the Parks and Recreation Director or his /her designee. G A fee may be charged in addition to the program or activity fee for participants who reside outside of the Tukwila City limits. Section 3. Resolution 1414 is hereby repealed. PASSED BY THE CITY COUNCIL C]F THE 1C'�JF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /7' day of 2=7 4 2003 ATTEST /AUTHENTICATED APPROVE p:i�6� �IY E. Cantu, CMC, City Clerk 7� dificetiEhe CityAttornty Recreation Fees 11/13/03 2 Pam Carter, Council President Filed with the City Clerk. -X5-0J 3 Passed by the City Council. i 7 3 Resolution Number /5 5th (Monday) Fourth of July (observed) City offices closed Community Affairs Parks Corte, 5. 00 PM (CR #3) City Council Executive Session, 6:30 PM (Council Chambers) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) 6th (Tuesday) Summer Work Party at Codiga Park 10:00 AM to 2:00 PM Registration required: E -mail Dhira Brown at restoration @puget sound.org or call 206- 382 -7007, ext. 182 Chamber of Commerce Gov't. Community Affairs Cmte., 12:00 NOON (Chamber Office) Transportation Cmtc CANCELLED Civil. n CANCELLED Arts Commission, 5.30 PM (Community Center) >City Council Executive Session, 6.30 PM (Council Chambers) City Council Regular Mtg., 7:00 PM (Council Chambers) ?13th %(Tuesday} Utilities Cmte, 5:00 PM (CR #1) Tukwila International Boulevard Action Cmte, 7 PM (Connrnunity Center) Upcoming Meetings Events JULY 2010 7th (Wednesday) Finance Safety Corte, 5:00 PM (CR #3) S- Sister City Corte, 5.30 PM (Location TBD) 8th (Thursday) dtlt (Wedresday) 15th.(Thursday) Crime Hot Spots Task Force Mtg., 10:00 AM (CR #5) Tukwila Historical Society, 700 PM (old Tukwila Library at 14475 59th Ave. S.) 9th (Friday) IOth (Saturday) Human Services Advisory Board, 10:00 AM (Human Services office) Peanut Butter and Jam Concert Series 4 :0 444 FREE family fun! 12:00 Noon (Tukwila Community Center by the Spray Park) This week: Jim Valley Council Coffee Chat 10.00 AM to 12:00 NOON at Starbucks (13038 Interurban Ave.) Stop by and informally talk with a Tukwila City Councibnember about anything on your mind regarding Tukwila. 17.th (Saturday) -.3 Work Party Duwamish Riverbend Hill 10:00 AM to 1'00 PM Additional information available at www.cascadeland org under "Events." For information or to register please contact volunteer@ cascadeland.org or 206- 905 -6931 Space is limited, so please let us know ifyou plan to come! July 16 (cont.) July 17 (cont.) y y C.A.S.T.T. performances (Community Actors' Summer Theatre in Tukwila) July 16 and 17 at 7:00 PM Foster Performing Arts Center Admission is FREE, but canned food will be collected at the door for the Tukwila Food Pantry For more info call 206-768-2822. Finance Safety Committee: 1st 3rd Tues., 5'00 PM, Conf. Room #3 Agenda items for 7/7/10 meeting (A) Bond ordinance for Southcenter Pkny. construction. (B) Resolution establishing a Seattle Sourthside Visitor Center Change Fund. (C) Ordinance regarding admissions and entertainment tax. (D) Sales tax report. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1 7/6/10 meeting has been cancelled. 73 74 July Tentative Agenda Schedule MONTH MEETING 1: REGULAR 6 (Tuesday) .MEETING 2` C.O.% 12 5a, Independence Day (observed) (City offices closed) August 30 Fifth Monday of the month—no Council meeting scheduled September 6th Labor Day (City offices closed) See agenda packet cover sheet for this week's agenda (July 6, 2010 Regular Meeting) 2 9 New Business: Briefing by adminis- tration regarding implementation of program and service reductions 6:30 PM EXECUTIVE SESSION Special Presentation: Proclamation recognizing Parks Recreation month Special Issues: Ordinance adopting State Building Code Sign Code ordinance Options for increasing revenue to the City, to include but not limited to business license fee changes, utility tax changes, revenue generating regulatory license fee implemen- tation, and permitting fee changes. Discussion shall include consideration of the amount and timing of implemen- tation of any new fees or changes to existing fees and /or taxes. (Public meeting format) 7 (Tuesday) 13 Special Issues: Review status of 6 -year financial plan, new revenues, program/ service reductions, and compensation reductions versus budget targets. Consider further reduc- tions, set targets and schedule Council work sessions. Review recom- mendation and decide on future fire option schedules and tasks. 19 Special Presentations: Presentation by the Girl Scouts of a donation to the Police Department K -9 unit Employer support of the Guard and Reserve presentation to Tukwila Police Department and City Unfinished Business: Ordinance adopting State Building Code Sign Code ordinance New Business: Adopt revenue enhancements and implement program/ service reductions where possible REGULAR MEETING TO BE FOLLOWED BY A BUDGET WORK SESSION Special Issues: Conduct second review of Parks Recreation proposed program and service reductions 16 20 MEETING '3 REGULAR Proclamation: Mayor's Day of Concern for the Hungry MEETING 26 Special Issues: Budget Public presentation to Council on status of labor negotiations followed by Council discussion of next steps, which could include another round of program/ service reduction decisions in September 23 COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 27