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HomeMy WebLinkAboutCOW 2010-11-08 COMPLETE AGENDA PACKET w Tukwila City Council Agenda '744-4%‘1. o 0 COMMITTEE OF THE WHOLE J Olt J Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez Steve Lancaster, City Administrator Allan Ekberg Verna Seal 90: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn EXECUTIVE SESSION 6:30 PM 7:00 PM Personnel Matter Pursuant to RCW 42.30.110(1)(g) (30 minutes) Monday, November 8, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease 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. 3. SPECIAL ISSUES a. Authorize the Mayor to Accept Grant Funding from the U.S. Department of Justice Pg.1 for the Secure Our Schools Project in the amount of $76,437.00. (No city match required.) b. Water and Sewer Code Changes: Pg.11 (1) An Ordinance relating to the updating and expanding of the Regulations relating to Water Rates and Backflow Prevention Assemblies within the City. (2) An Ordinance relating to the updating and expanding of the Regulations relating to Sewer Rates and Discharge within the City. (3) A Resolution adopting a New Public Works Fee Schedule. Pg.39 c. An Ordinance amending Tukwila Municipal Code Chapter 5.04 regarding Business Pg.61 Licenses and Regulations. d. Budget follow -up from October 19, 2010 Budget Work Session: Special Pg.73 Community Events. e. Budget follow -up from October 19, 2010 Budget Work Session: Fire Department. Pg.81 f. Briefing on Memorandum of Understanding by and between the City of Tukwila Pg.89 and Tukwila Firefighters Local No. 2088. 4. REPORTS a. Mayor c. Staff b. City Council d. City Attorney e. Intergovernmental 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2313 Res #1728 1. CALL TO ORDER ROLL CALL 2. UNFINISHED To direct that the final 2011 -2012 budget, brought to the City Council for action, restore Pg.95 BUSINESS the three firefighter positions identified for elimination in the City's preliminary budget. 3. 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. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel. matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. COUNCIL AGENDA SYNOPSIS 1LA ivqJ' Initials ITEMNO. 4. ii Z Meeting Date Prepared by 1 Mayo view 1 fquncz revzezv O v 11 DM 1 I WL i ri'''s i y L 11/15/10 DM 1 i a 290: 1 ITEM INFORMATION 1 CAS NUMBER: 10-122 'ORIGINAL AGENDA DATE. NOVEMBER 8, 2010 AGI?NDA ITEM TITLE Acceptance of the Secure our Schools grant from the U.S. Department of Justice CATEGORY GORY Discussion Motion Resolution I 1 Ordinance I Bid Award n Public Heanng 1 I Other Mtg Date 11/08/10 Mtg Date 11/15/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 1SPONSOR 1 1 Counal 1 1 Ma n Adm Svcs DCD Finance Fire n Legal P&R Police I I PW SP( )NSOR'S The Tukwila Police Department is seeking acceptance of a U.S. Department of Justice Su MUM Community Oriented Policing Services Secure Our Schools grant in the amount of $76,437. The School District will provide a 50% match of grant funds, and the Police Department wil handle fiscal management and reporting to the U.S. Department of Justice. There is no additional financial obligation on the part of the City or the Police Department. RI vI1,;WL;D BY COW Mtg CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. U Parks Comm. Planning Comm. DATE: 11/02/10 RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments ACCEPTANCE OF THIS GRANT IS TIME LIMITED. MTG. DATE 1 RECORD OF COUNCIL ACTION 11/08/10 1 MTG. DATE I ATTACHMENTS 11/08/10 1 Informational Memorandum dated 10/27/10 Memorandum of Understanding U.S. Department of Justice Final Funding Memo Award Letter Minutes from the Finance and Safety Committee meeting of 11/2/10 2 v 41CA qs City of Tukwila s y Jim Haggerton, Mayor 's-'r i ':x90 INFORMATIONAL MEMORANDUM TO. Mayor Haggerton Finance and Safety Committee FROM: Dennis McOmber, Investigation Division Commander DATE: October 27, 2010 SUBJECT: Secure Our Schools Grant ISSUE The Tukwila Police Department would like to accept a U.S Department of Justice Community Oriented Policing Services Secure Our Schools grant in the amount of $76,437 for use in funding an upgrade to security monitoring equipment at Showalter Middle School. BACKGROUND The Tukwila School District expressed a desire to increase safety at Showalter Middle School through an upgrade in video equipment and the installation of a secured access control system for school facilities. The Police Department, in cooperation with the Tukwila School District, has successfully applied for federal grant money to facilitate this project. The next step in the process is for the city to formally accept the award. DISCUSSION The goals of this project are to increase school safety, deter criminal incidents, improve the effectiveness of identifying individuals involved in unsafe and /or criminal activity, and to control access to the school buildings. The School District, in consultation with police department personnel, will be responsible for identifying and purchasing the security equipment. The types of authorized equipment and the associated costs are described in the grant paper work. For its part, the Police Department will handle fiscal management and reporting to the U.S. Department of Justice. The school district will provide a 50% match of grant funds and will invoice the Police Department for reimbursement up to the amount specified in the award. There is no additional financial obligation on the part of the city or the police department. RECOMMENDATION The Council is being asked to provide acceptance of the U.S. Department of Justice Secure Our Schools grant in the amount of $76,437 (no City match required) at the November 8, 2010 Committee of the Whole meeting and subsequent November 15, 2010 Regular Meeting. ATTACHMENTS Memorandum of Understanding between the Police Department and School District U.S. Dept. of Justice Final Funding Memo Award letter 3 4 I jO 1 Cif o f Tukwila Jirr2 Haggertorr, Mayor Q: ;mo kud3")\44 Police Department David W. Haynes, Chief of Police V An Accredited Agency 8 June 21, 2010 Office of Community Oriented Policing 1100 Vermont Avenue NW US Department of Justice Washington D.C. 20530 Dear Department of Justice Grants Administrators: The leadership of the Tukwila School District and the Tukwila Police Department are pleased to submit this Memorandum of Understanding which outlines the roles and responsibilities we will share to ensure the successful implementation of the tools and resources that will be incorporated into the Tukwila School System as a result of the grant from the U S. Department of Justice Community Oriented Policing Services Secure Our Schools grant, submitted June 21, 2010. As outlined in the grant application, this grant provides for the purchase of updated security monitoring equipment and a secured access system for Showalter Middle School in Tukwila, WA. The goals of installing these systems are to: 1) Increase school safety and enhance the effectiveness of the Tukwila Police Department's School Resource Officer to promote a safe school enviromnent. 2) Deter unsafe and criminal incidents, and 3) Improve the effectiveness of identifying individuals involved in unsafe or criminal activity on school grounds and buildings, and 4) Control access to the school and its buildings. The objectives of the project are to: 1) Identify, purchase, and install an upgraded 5.0 Mega Pixel Security Camera System. 2) Identify, purchase, and install a key card system with lockdown and access control capabilities. 3) Train the school staff and School Resource Officer to use and access the equipment's capabilities effectively. Program management responsibilities for this project will be led by the following representatives from the Tukwila School District: Linda Sebring, Executive Director of Finance and Operations and Brett Christopher, Principal at Showalter Middle School Principal Christopher will work closely with Lisa Harrison, the Tukwila PD's School Resource Officer who will be the key liaison between the School District and the Police Department. Ms. Harrison and the School 6200 Southcenter Blvd. Tukwila, JJ',4 98188 e Phone: (206) 433 -1808 a Admin. Fax. -(206) 244 -6181, Invest. Fax.- (206) 431 -3688 2 District representatives will consult with Mike Villa, Assistant Police Chief at the Tukwila Police Department and his staff when necessary during the purchase, installation of the equipment and staff trainings. As the primary fiscal agent, the Tukwila Police Department will be responsible for the financial management responsibilities of the grant and quarterly fiscal reports. The School District will be responsible for identifying and purchasing the equipment, in consultation with Police Department personnel, and will invoice the Police Department for grant reimbursement up to the amount of the grant award. The School District will be responsible for the 50% match as per the grant conditions. Annual progress reports will be developed by the School District program management team and School Resource Officer. Reports will be reviewed by Mike Villa, Assistant Police Chief and submitted to the Department of Justice by the Tukwila Police Department. Community Oriented Policing is a key element of the Tukwila Police Department's philosophy and the relationship with the Tukwila School District. To enhance partnering and problem solving, we have implemented several community -based programs, formed and chair citizen action committees, and engage community based groups throughout the City. Our Community Oriented Citizens Advisory Board includes citizens, business, school representative, and student representation that collaborate directly with the Police Chief on community issues and problems. Representatives from the Police Department regularly meet with citizens and businesses from the Tukwila International Boulevard Action Committee, Citizens Without Borders, the School District, the Tukwila Apartment Managers and Owners, B]ockWatch partners, and the East African Community Council to address community problems. The partnership with the School District offers a unique opportunity to bring the students, parents, staff, and community together to solve problems by aligning the people and the systems that protect students and staff. We believe the equipment provided through this grant in tandem with the continued work of the SRO, enviromnental changes, policy changes, and staff training can catalyze an organizational transformation that will result in a safer school and safer surrounding community. Effective performance in response to the goals and objectives of this grant will be achieved if we meet the following mileposts: 1) Equipment is identified, purchased, and installed by July 2011. 2) Training and implementation plans are completed by August 31, 2011. Before the 2011- 2012 school year begins. 3) In the fall of 2011, the cameras and access control equipment will be tested in alignment with the recommendations of the equipment manufacturers and the recommendations of the Tukwila Police Department. School staff will be drilled in the use of this equipment. 4) By August 2011, all equipment will be integrated into the school safety plan and the community- oriented police work of the School Safety Officer. G 20gS'outhcenter Blvd. Tukwila, F1 98188 Phone. (206) 433 -1808 a Admin. Fax.-(206) 244 -6181, Invest. Fax -(206) 431 -3688 3 This agreement will become effective on the first day of the grant award and will remain in effect for two calendar years (2010- 2012). The School District and Police Department began their relationship in the mid 1980's with the DARE program. From that beginning grew a long- lasting joint venture that has truly encompassed community policing. In the early 1990's, the Police Department Chief of Police began meeting with the School Superintendent, School Principals, and the community to better communicate and evaluate issues surrounding the schools, the students, families and staff. Together they are able to quickly address and problem -solve any escalating issues In 1999, the community implemented the School Resource Officer Program (SRO). The SRO has been a key component to working with school officials, students and families to resolve problems as they arise in a timely manner. The Police Department and School District remain steadfast in working together. This is evident by a joint commitment to continue the DARE program and the SRO Program even during tough budget years and the commitment to implement new ideas that improve the safety of students. The Tukwila Police Department and the Tukwila School District thank the U.S. Department of Justice for this opportunity, and look forward to continuing the important work made possible through our partnership. With Regards, David Haynes, Chief of Police Tukwila Police Department Ethelda Burke, Superintendent Tukwila School District 6200 Southcenter Blvd. Tukwila, T 'J!4 98188 e Phone: (206) 433-1808 0 Admin. Fax. -(206) 244-6181, Invest Fax (206) 431-3688 7 Secure Our Schools V "''0 t Final Funding Memo U.S. Department of Justice, Office of Community Oriented Policing Services Legal Name: Tukwila Police Depaitment ORI: WA01723 Grant Number: 2010CKWX0697 Date: September 28, 2010 Amount Equipment Ouantitv Cost/Item Total Item Cost Disallowed Total Allowed Reason Disallowed /Adiusted Badge Printer 1 5 6,598.00 6,598.00 0.00 6,598.00 Burglar Alarm Upgrade 1 16,635.00 16,635.00 0 00 16,635.00 Lockdown and Access Control 1 63,044.00 63,044.00 0.00 63,044.00 Video Camera Upgrade 1 60,897 00 60,897.00 0.00 60,897.00 Total: 0.00 147,174.00 Amount Other Ouantitv Cost/Item Total Item Cost Disallowed Total Allowed Reason Disallowed Adiusted Additional Lock Rekey 12 405.00 4,860 00 0 00 4,860.00 Initial Locksmith Rekey 1 840.00 840 00 0.00 840.00 Total: 0.00 5 5,700.00 Grand Total: Total Federal Share: 76,437.00 Total Local Share: 76,437.00 Total Project Costs: 152,874.00 Total Disallowed Costs: 0.00 Cleared Date: 7/26/2010 Overall Comments: Dennis Mc°tuber Secure Our Schools Award Notification From: "Cops_[nfo" To: Date: 09/29/2010 8:25 AM Subject: Secure Our Schools Award Notification L47 f U.S. Department of Justice Office of Community Oriented Policing Services Office of the Director 1100 Vermont Ave., 1V1d% Washington. DC 20530 September 29, 2010 Chief of Police David Haynes Tukwila Police Department 6200 Southcenter Boulevard Tukwila, WA 98188 Re Secure Our Schools Grant Program Grant ##20IOCKWX0697 ORI##. WA01723 Dear Chief of Police Haynes Congratulations! On behalf of Attorney General Eric Holder, I am pleased to inform you that the COPS Office has approved your agency's request for $76437 under the COPS Secure Our Schools (SOS) grant program This award will provide your agency with the opportunity to enhance a variety of school safety equipment and /or programs to encourage the continuation and enhancement of school safety efforts to prevent school violence within your community. The grant period for your SOS award is September 1, 2010 through August 31, 2012. It is our hope that this SOS grant will help place agencies at the forefront of innovative school safety developments. Within the next few weeks, we will send your agency an award package containing your official award document, a Financial Clearance Memorandum, and a Final Funding Memorandum To accept the grant when the award package alTives, you must sign the award document and any applicable special conditions, and return them to the COPS Office within 90 days of the date on the letter accompanying the award package. The SOS grant award start date is September I, 2010 Therefore, your agency can be reimbursed for approved costs after this date Please be advised that some of your requested items may not have been approved by the COPS Office during the budget review process When you receive your award package, please carefully review your Financial Clearance Memorandum and Final Funding Memorandum to determine your approved budget, as grant funds may only be used for approved items. The Financial Clearance Memorandum will specify the final award amount and your 50% local match, and vill also identify any disallowed costs. Also, a supplemental online award package for 2010 Secure Our Schools grantees can be found at htto./ lwww,cons.usdoi.eov!Default.aso ?Item ==2368. We strongly encourage you to visit this site immediately to access a variety of important and helpful documents associated with your award, including the SOS Grant Owner's Manual, which specifies the programmatic and financial terms, conditions, and requirements of your grant. A Frequently Asked Questions (FAQ) document can also be found at this website, which will assist you with many questions you may have about your new SOS award. We look forward to working with your agency under this grant program to address growing school safety and security concerns. If you have any questions about your grant, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1 800 421 6770. Sincerely, Bernard K. Melekian Director 9 4 ILA 4. J �y\ City of Tukwila 0) 74 '4, Finance and Safety Committee 190?% FINANCE AND SAFETY COMMITTEE Meeting Minutes November 2, 2010 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy Staff: Dave Haynes, Don Lincoln, Dennis McOmber, Jack Pace, Melissa Hart, Peggy McCarthy, Jennifer Ferrer- Santalnes, Mary Hulvey, Gail Labanara, Steve Lancaster and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2010 Justice Assistance Grant As an information only item, staff notified the Committee of a grant recently awarded to the Police Department from the Bureau of Justice Assistance in the amount of $26,766. This funding will be utilized for outreach and relationship building between the Police Department and refugee populations within the Tukwila community. Collaborative efforts will focus on the Somali population, but will not exclude interactions with other refugee groups. INFORMATION ONLY. B. Secure Our Schools Grant Staff is seeking Council approval to accept grant funding in the amount of $76,437 from the U.S. Department of Justice's Community Oriented Policing Services Secure Our School (SOS) grant program. In a cooperative effort between the Tukwila School District and the Police Department, this funding will be used to enhance school safety equipment, safety efforts and to assist in preventing school violence. The grant funds will be used in the efforts described for implementation at Showalter Middle School. Funds will also be used for lockdown access control. The School District will provide a 50% match of grant funds to implement the SOS program in Showalter Middle School. There is no matching fund requirement on behalf of the City. The Police Department will meet reporting requirements and will oversee fiscal management related to the U.S. Department of Justice. The School District will invoice the Police Department as appropriate for reimbursement of expenses relative to and not to exceed the awarded grant funding. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 8 COW FOR DISCUSSION. C. Ordinance: Changes to Business License TMC Chanter 5 Staff is seeking Council approval of a draft ordinance which will repeal Sections 5.16 and 5.40 of the Tukwila Municipal Code (TMC) regarding business licenses for Card and Pool Rooms and Massage Establishments. Minor housekeeping items address modification for change or elimination as appropriate. Additionally, Section 5.04.105 has been added to address the issuance of business licenses and Section 5.04.110 allows for revocation or denial of a business license based on non payment of City- related fees. As of mid November, the business license issuance function will transition from the City Clerk's Office to the Finance Department. Changes to the draft ordinance modify the previous designation of processes from the City Clerk's Office to the Finance Deaprtment. 10 COUNCIL AGENDA SrvosIs �J„�III.A �'f' Inztzals ITEM NO. i ?'jam a 1 Meeting Date Prepared 4_411 M r-s view until review f, 5 1 11/08/10 BG 1 J 1 11/15/10 I BG \I I 1 3 (k 1 I 1 I 1 190; 1 1 1 I 1 ITEM INFORMATION 1 CAS NUMBER: 10-123 I ORIGINAL AGENDA DATE. NOVEMBER 8, 2010 AGENDA ITEM TITLE Two Ordinances to update TMC Chapter 14 for Water and Sewer CATEGORY Discussion Motion LI Resolution Ordinance n Bid Award L1 Public Hearing 1 Other Mtg Date 11/08/10 Mtg Date Mtg Date Mtg Date 11/15/10 Mtg Date Mtg Date Mtg Date SPONSOR Council 1 Mayor Adm Svcs DCD U Finance Fire Legal I 1 P&R Police PW/ SPONSOR'S These two ordinances will update the Water and Sewer regulations in TMC Chapter 14.04, SUMMARY 14.06, 14.12 and 14.16. Besides minor housekeeping items, the new additions with fees include special meter reads, unauthorized water usage, and updating utility records. Interest will now be charged on delinquent water and sewer bills, rather than a flat late fee. Backflow prevention assemblies, unlawful discharge of prohibited foreign substances, and exhaust steam and hot water have all been updated to current regulations. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/26/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments MTG. DATE RECORD OF COUNCIL ACTION 11/08/10 11/15/10 MTG. DATE ATTACHMENTS 11/08/10 Informational Memorandum dated 10/15/10 (revised after 10/26 UC) Draft Water Ordinance Draft Sewer Ordinance Draft Public Works Fee Schedule Resolution (next agenda item) Minutes from the Utilities Committee meeting of 10/26/10 11/15/10 i i 12 I j T s City of Tukwila **ILA pill 1 Jim Haggerton, Mayor 190 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Public Works Director DATE: October 15, 2010 SUBJECT: Water Sewer Ordinances (revised after 10/26 UC) ISSUE Adopt new Water and Sewer Ordinances. BACKGROUND Tukwila Municipal Code Chapter 14 for the Water and Sewer Regulations has not been thoroughly updated for some time. All sections now better reflect the regulations that are in use today. We have included most of the fees in the Public Works Fee Schedule Resolution and for agencies such as King County Department of Natural Resources, formerly known as METRO, we list "current rate DISCUSSION Most changes were minor housekeeping items such as changing "Supervisor" to "Director Listed below are some of the significant changes and have been underlined in the ordinances. Water D 14.04.060 Removed Apparatus Standards and referred to appropriate infrastructure standards. D 14.04.100 Removed Additional Property, since it is not charged a penalty as it is not allowed. D 14.04.122 Special Meter Reads, now charged a fee. D 14.04.125 Section C. Unauthorized water usage, added with a fee. D 14.04.150 Water Utility Billing, now with a fee to update utility records. D 14.04.270 Interest will be charged on delinquent water balances, rather than a flat late fee. D 14.06.030 Updated backflow prevention assembly definitions. Sewer D 14.12.010 20 Removed Chapter Construction and definitions as they are in 14.04. D 14.12.090 Removed "Repair" since a private property sewer repair does not require a permit. D 14.12.200 Removed inspection fees as they are already included with a permit. D 14.12.250 Updated Steam and Hot Water to 150° Fahrenheit. D 14.12.260 Updated Unlawful Discharge of Prohibited Foreign Substance Pretreatment Facilities. D 14.16.020 Interest will be charged on delinquent sewer balances, rather than a flat late fee. D 14.16.050 Sewer Responsibility of Owner to Pay, now with a fee to update utility records. D 14.16.060 065 King County (formerly known as METRO) now charged at most current rate. D 14.16.070 Regular connection charge, now in PW Fee Schedule Resolution. RECOMMENDATION The Council is being asked to approve the proposed Water and Sewer Ordinances and consider these items at the November 8, 2010 Committee of the Whole meeting and subsequent November 15, 2010 Regular meeting. Attachment: Draft Water Ordinance Draft Sewer Ordinance Exhibit D Public Works Fee Schedule Resolution 13 W: \PW Eng \OTHER \Gail Labanara \Water Sewer Documents\INFO MEMO Water Sewer Ordinance 10- 27- 10.doc 14 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the water utility; and WHEREAS, the City Council desires to continue the pass through rate increases received from the City's water supplier; and WHEREAS, the City needs additional revenues to adequately fund the Capital Improvement Program for the water utility; and WHEREAS, the administrative cost of servicing the water utility accounts increase annually; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations established. "Water Management Fees and Regulations," to be codified at Tukwila Municipal Code (TMC) Chapter 14.04, are hereby established to read as follows: 14.04.010 Definitions. A. "Director," wherever used in TMC Title 14, means the Director of Public Works or his or her designee. B. "Department," wherever used in TMC Title 14, means the Department of Public Works. C. "Person," wherever used in TMC Title 14, means and includes natural persons of either sex, associations, partnerships, or corporations, whether acting by themselves or by a servant, agent or employee; the singular number includes the plural and the masculine pronoun includes the feminine. 14.04.020 Application to Connect Required. Any person desiring to be connected with the City water supply system shall make application therefor to the Department. Applications shall be made upon a printed form furnished for that purpose, which application shall contain a description of the property where such water supply is desired, the size of the service pipe, and shall be signed by the owner of the property to be served or his duly authorized agent. 14.04.030 Contents of Application. The application provided for in Section 14.04.020 shall contain a contract on the part of the person making the same to pay for the water applied for at the rate and in the manner specified in such contract, and shall reserve to the City the right to charge and to collect the rates and enforce the penalties provided for in this chapter, in the manner herein provided, to change the rates at any time by ordinance, to temporarily discontinue the service at any time without notice to W Word Processing Ordinances \Water Regulations Page 1 of 9 GL:mrh 15 the consumer; and shall specify that said contract is subject to all the provisions of this chapter and of any ordinance of the City relating to the subject hereafter passed, and shall provide that the City shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances in the property supplied with water, installed by the owner or occupant of said property; and shall provide that in case the supply of water shall be interrupted or fail by any reason, the City shall not be held liable for damages for such interruption or failure, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obligations of his contract. 14.04.040 Effective Date of Contracts. All contracts shall take effect from the day they are signed and rates shall be charged from the day the property is connected with the City water supply 14.04.050 Connection Procedure. Upon the presentation to the Director of the receipt for the installation fees, the Director shall cause the property described in the application to be connected with the City's water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed within the lines of the street curb, which connection shall thereafter be maintained and kept within the exclusive control of the City. 14.04.060 Installation and Apparatus Standards and Specifications. The current requirements of the Tukwila Municipal Code, the Tukwila Public Works Department, the Tukwila Fire Department, the Rules and Regulations of the Washington State Department of Health, the Uniform Plumbing Code, American Water Works Association Standards, and the American Public Works Association Standards shall be met and apply to any and all water main installations, extensions, service connection, irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main connections, and branches hereinafter installed in the City. Detailed criteria and permit requirements are available through the City of Tukwila Infrastructure and Development Standards. 14.04.070 Connection Installation Fees. The water meter shall be installed by the City water utility The water meter installation fee shall be payable at the time of application for connection. Whenever the fee is not sufficient to cover the total expense for labor, materials, and overhead, the deficit shall be charged to the property for which installation was made and to the owner thereof. Any excess payment shall be returned to the person applying for the installation. 14.04.071 Regular Connection Charge. In order that property owners shall bear their equitable share of the cost of the City's entire water system, the property owner seeking connection to the water system of the City shall pay, prior to connection to a City water system, a regular water meter installation charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.072 Special Connection Charge. In addition to the regular connection charge unposed under TMC Section 14.04.071, a special connection charge shall be paid by the owners of properties that have not been assessed or charged or borne the cost of private development of mains or laterals or borne an equitable share of the cost of the City water system. The special connection charge shall be computed as provided in TMC Section 14.04.074 in the absence of latecomers' agreements, Local Improvement Districts, or special assessment ordinances. 14.04.074 Computation of Special Connection Charge. A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to the water fund and shall be computed in accordance with RCW 35.44.030 and 35.44.040. B If the property for which a special corulection charge has been paid is subsequently included in a Local hnprovement District for the construction of water mains or lateral lines of a similar nature, the amount so paid shall be credited to the W- Word Processing Ordinances \Water Regulations Page 2 of 9 GL:mrh 16 assessment against such property and such amount shall be paid from the water fund to such Local Improvement District fund. 14.04.076 Regional Capital Facilities Charge. In addition to the regular connection charge imposed under TMC Section 14.04.071 and any special connection charges under TMC Section 14.04.072, a regional system growth fee known as the Regional Capital Facilities Charge (RCFC) shall be paid for all new residential, multi family housing, or commercial service connections on or after January 1, 2003, for regional capital costs associated with new supply and transmission of water Property owners shall pay the RCFC prior to permit issuance for connection to a City water system. The fee for this expense shall be established by the Cascade Water Alliance and passed through without additional markup. 14.04.080 Connection Notification. Whenever the owner or occupant of any property connected with the City water supply system desires to use the water, he shall notify the Director and request that the water be turned on to the property The owner shall leave his portion of the service exposed in the trench until it has been inspected and the water turned on, when he shall immediately cover the pipe. 14.04.090 Connection to Water Main. All water used for any purpose other than fire protection service shall be supplied through a meter. Every house or building supplied by City water must install its own separate service connection with the City main, and the house or building so supplied will not be allowed to supply water to others, except temporarily where there are no mains in the street. When a new main is laid in any street, owners of property on the street who are being supplied with City water from a private main or a connection to a private service shall make application for a tap and shall cormect up with a separate service connection to the main in front of the property 11.0'1.100 Additional property connection `sc. If additional property is connected, such property may he cha g e de 1 -e-the rate for thc tixle it is in use, and thc service may be shut off and a charge of $25.00 will -be made for turning on ouch service. I ccs again until all rates and charges against such property have been paid in full. 14.04.110 Change in Size or Location of Connection. A change in the size or location of a service connection shall be paid for by the owner on the basis of the cost of materials and labor involved in making said change, plus administrative overhead. 14.04.120 Application to Discontinue Water Fee to Turn Water Meter On. Whenever any water customer desires to discontinue the use of water for a period of not less than one month, he shall make written application to have the water turned off and pay all arrears in full. A charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council will be assessed to turn water on. No reduction of rates will be made for less than one month, or without the application prescribed in this section. Work performed outside of normal working hours, due to customer request, will receive an additional charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council 14.04.122 Special Meter Read. Whenever a water customer desires to have the water meter read outside the water department's normal meter readina schedule. a written application shall be submitted specifying the requested read date. A fee will be charg.ed for this meter reading. service in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council.. 14.04.125 Charge for Shut -off Notices for Delinquent Water Service Billings. A. When water service customers are 60 days in arrears, a shut -off notice shall be mailed or posted. There shall be a service charge on water accounts for all shut -off notices in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. This fee will be applied first before regular service charges are credited. W- Word Processing Ordinances Water Regulations Page 3 of 9 GL:mrh 17 B All monies in arrears, which is defined as the amount owing eleven days after the billing date, are due upon receipt of a shut -off notice. To avoid water shut -off, arrangements for payment may be made with the Finance Director C. When water is used after the meter has been turned off and locked for non- payment, an unauthorized water turn-on fee will be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.130 Cost of Shutoff and Turn -on by City. When water has been shut off by the City for any cause and is turned on again or allowed or caused to be turned on by the owner without written application, no remission of rates will be made on account of its having been shut off, and the Director may then shut off the water at the main or remove a portion of the service connection in the street, and shall charge the actual cost of cutting out and reinstating the water supply to the owner of the property 14.04.150 Water Utility Billing. All accounts for water shall be kept in the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant and /or third -party paying agents property manages -and not in the name of any tenant. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and third party paving agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.160 Chapter Compliance Required. It is unlawful for any person to make any connection with any service or branch pipe thereof, or to make any repairs, additions, or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be connected with the City water system, except in compliance with this chapter. 14.04.165 Water Shortage Response Plan. A water shortage response plan is required by the wholesale water supplier, the Cascade Water Alliance, and by the public welfare to effect conservation of water during water emergencies. A water shortage response plan for the Tukwila water system, as required by WAC 246 290 -42, shall be updated by the Council as required. 14.04.170 Emergency Change in Water Use. A. Upon finding that an emergency situation exists, the Director shall. 1. Immediately seek to communicate with the Mayor and Council through the fastest means feasible to advise them of this emergency situation and the reason for such restrictions. 2. Immediately take steps to notify the public within the service area affected through the media and other means to advise said water users of such emergency water conservation measures and the necessity thereof. 3 Implement such measures and regulations as may be necessary to implement water use restrictions under this ordinance and the plan adopted in TMC Section 14.04.165. B The Mayor, upon finding that an emergency situation exists which threatens to seriously disrupt or diminish the municipal water supply, may order restrictions on water use so as to distribute the available supply on a just and equitable basis to all customers, including residential, industrial and commercial users who purchase water. C. Upon declaration of a water supply emergency by the Mayor, no water shall be used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the washing of cars, driveways or other outdoor surfaces by any customer at any residence, apartment building, commercial building, or property or structure except at such times and under those conditions as specified by the Director. These restrictions are to be implemented even though more restrictive than the plan provisions and shall in no way limit indoor rationing provisions of the plan. W. Word Processing Ordinances \Water Regulations Page 4 of 9 GL:mrh 18 14.04.175 Violations. A. The Director shall be authorized to impose sanctions and /or surcharges upon those customers within the affected area who refuse or otherwise fail to comply with the emergency conservation measures directed by levying a surcharge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council and /or disconnecting water service to said customers. B. The restrictions and surcharge shall not compromise the health, safety or welfare of the public. Exemption from the imposition of a surcharge may be granted by the Mayor or Director in the Mayor's absence, upon written request, if it is found that a surcharge will constitute an undue burden on the customer 14.04.180 Water Falling on Street or Sidewalk. It is unlawful for any person willfully to place any automatic sprinkling device in a wasteful manner or willfully to place or to hold any hose in such position or manner that water falls on any person while on any public street or sidewalk. 14.04.190 Violation of TMC Section 14.04.180. If any person violates any provision of TMC Section 14.04.180, the City shall shut off the water furnished to the property upon which such violation is made, and shall charge a fee for turning on the water in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.200 City Control of Water Use. The City reserves the right in case of a shortage of water from any cause to make an order forbidding or suspending the use of water for sprinkler or irrigation, or to fix the hours during which the same may be done, by proper notice. Any person violating such order shall have his water shut off by the City and shall pay a fee for having the water turned on again as in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.210 Use of Water Restricted During Fire. It is unlawful for any person to use water for irrigation or sprinkling during the progress of any fire in the City, unless for the protection of property; and all irrigation and sprinkling shall stop when an alarm of fire is sounded, and shall not begin again until the fire is extinguished. 14.04.220 Right of City to Shut Off Supply. The City reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason, and the City shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures, stoppages or interruptions of water supply, or any other damage resulting from the shutting off of water 14.04.230 Meter Ownership and Maintenance. All meters on services of consumers shall be and remain the property of the City In all cases where meters are lost, injured or broken by carelessness or negligence of owners or occupants, and in the case of nonpayment, the water shall be shut off and will not be turned on until such fee and the charge for turning on the water are paid. In event of the meter getting out of order or failing to register properly, the consumer shall be charged on an estimate made by the Director on the average monthly consumption during the last three months that the same was in good order or from what he may consider the most reliable data at his command. 14.04.240 Rates for Metered Water. A. The rates for metered water supplied within the City for commercial/ industrial customers, in one -month increments or any fractional part thereof, shall be in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B Single family customers (one dwelling unit): Each single family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. W Word Processing Ordinances \Water Regulations Page 5 of 9 GL:mrh 19 C. Multi- family customers (more than one dwelling unit): Each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of all water service charges. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for the special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. E. Tukwila's current fee schedule will be reviewed annually and at such time the City may amend the water rates to reflect the City's increased costs. 14.04.245 Water Bill Leak Adjustments. City Administrative Policy No 300 -14, "Utility Leak Adjustment Policy," is hereby adopted and incorporated into this chapter by reference as if fully set forth herein. The Finance Director is required to maintain the administrative leak adjustment policy. Changes to the policy require approval of the City Council Finance and Safety Committee. 14.04.250 Fire Protection. A. Any service connection to the main for a fire sprinkler system shall be approved in advance by the City, and shall be installed at the expense of the owner, and fitted only with such fixtures as are needed for fire protection and must be entirely disconnected from those used for other purposes. B. Any service connection other than fire sprinkler installed on private property for fire protection, and fitted with fire hydrants, stand pipes or other outlets for fire protection, shall be approved in advance by the City C. It is unlawful for any person to fail, neglect or refuse to give the Director or his duly authorized representative free access at all reasonable hours to all parts of premises supplied with water from the City mains for the purpose of inspecting the condition of pipes and fixtures and noting the amount of water being used and the manner in which it is used. D The rates for water supplied for fire protection purposes exclusively shall be deemed service charges and shall be, for any one month or fractional part thereof, charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. E. Water used for any other purpose than for fire protection service shall be deemed as theft and the owner will be made liable for the cost of water used and a meter shall be required on any fire protection service connection. 14.04.260 Rates Outside City Limits. The rates for water supplied to consumers not within the City limits shall be as follows: The same rate schedule as provided in TMC Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the City limits are subject to the same rates to consumers inside the City limits, provided that nothing in this section shall prevent the City Council from fixing other and different rates for the sale of water to water districts, provided that all meters for measuring water to outside consumers are installed within the City limits or within the limits of easements, franchises, or rights -of -way belonging to the City. 14.04.270 Payment of Charges Delinauencv. All water charges and related fees shall be due and payable on the first day of each and every month for the water consumed and the services provided during the previous month and shall be paid to the Finance Director. In all cases when the water bill becomes delinquent, the Director W Word Processing Ordinances \Water Regulations Page 6 of 9 GL:mrh 20 may shut off the water and shall not turn it on again until all arrearages have been paid. All bills will become delinquent on the eleventh day of the month following the month that the water was consumed. Interest will be charged on delinquent balances 30 days in arrears in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.280 Failure to Receive Bill. Failure to receive a bill will not be recognized as a valid excuse for failure to pay fees when due. Change of ownership of property and change in mailing address must be filed in writing with the Finance Director 14.04.290 Bathing or Discarding Substance in City Water System. It is unlawful for any person to bathe in or to throw any substance into any reservoir, water tank, or impounding dams of the City water system. 14.04.300 Connection Without Permission. It is unlawful for any person to make connections with any fixtures or to connect any pipe with any water main or water pipe belonging to the water system or to open or to close any valves in the system without first obtaining permission from the Director 14.04.310 Supervisor Authority Appeal to Council. The Director shall have authority to decide any question that may arise and that is not fully covered in this chapter, and his decision shall be final unless an appeal is made to the City Council. In such a case, the decision of the Council shall be final. 14.04.320 Payment by City for Fire Hydrant Supply. The City shall pay to the Tukwila water department a monthly fee for water furnished to each fire hydrant in the City in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.330 Temporary Water Meters. A. Temporary water meters are available on a rental basis from the Public Works Department, with the rental deposit amount charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B Meters are to be used only for the designated project. C. Meters are to be returned promptly upon completion of the project or at the end of 60 days, whichever comes first. D Meters are to be returned in the same condition as when rented. The user is responsible for meter damage and shall pay all costs related to repair Lost or stolen meters are the responsibility of the renter and renter shall pay all costs associated with replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated amount of water used. E. Meters may be moved from one hydrant to another within the same project providing: 1. Water Department is notified in advance of proposed relocation, 2. Hydrant wrenches are used in making all connections and disconnections. F Rates for water usage through temporary meters shall be charged in accordance with the June through September Commercial /Industrial fee schedule to be adopted by motion or resolution of the Tukwila City Council. Section 2. New Regulations Established. Provisions for "Backflow Prevention Assemblies," to be codified at Tukwila Municipal Code Chapter 14.06, are hereby established to read as follows: 14.06.010 Purpose of Chapter. The purpose of this chapter is to protect the public water system from contamination due to backflow tluough cross connections, and eliminate or control cross-connections between the public water system and any private water supply W Word Processing Ordinances Water Regulations Page 7 of 9 GL:nuh 21 14.06.020 Authority. A. The Public Works Director, or his or her designee, shall administer this chapter The Director's authority includes the establishment of regulations and procedures, enforcement, and implementation of measures necessary to carry out the intent of this chapter. B The Director promulgates and implements the City's policy on cross connection control for the operation of the Cross Connection Control Program. The Cross Connection Control Program policy shall be enforced under the requirements of this Chapter 14.06.030 Definitions. A. "Backflow" means undesirable reversal of flow of water or other substances through a cross connection into the public water system or customer's notable water system. B. "Avvroved backflow vrevention assembly" means a Reduced Pressure Principle Assembly (RPPAI, Reduced Pressure Detector Assembly (RPDA), Double Check Valve Assembly (DCVAI, Double Check Detector Assembly (DCDA), Pressure Vacuum Breaker Assembly (PVBAI, or a Spill- Resistant Vacuum Breaker Assembly (SVBAI that is approved by the Washington State Department of Health (DOH). Assemblies that will be approved will appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research or other entity acceptable to the DOH —e the American Water Works Association, used to ssuntcract back pressure or prevent C. "Cross- connection" means any physical connection whereby a public water supply is connected, directly or indirectly, with any other water supply system. sewer, drain, conduit, pool. storage reservoir. plumbing fixture or other device which contains or may contain contaminated water. sewage or other wastes or liouids of unknown or unsafe duality, which may be capable of imparting contamination to a public water supply as a result of backflow. between a public water system and thc customer's water system and any source of non potable liquid, solid or ;as that could contaminate the public drinking water supply through backflow. 14.06.040 Cross Connections Declared Unlawful. The installation or maintenance of a cross connection, which in the opinion of the Director, or his or her designee, will endanger the water quality of the potable water supply of the City, is unlawful. 14.06.050 Approved Backflow Prevention Assemblies. Approved backflow prevention assemblies, when required to be installed in the opinion of the Public Works Director, or his or her designee, shall be installed and maintained by the service customer on any service connection to the City's water supply system where said approved backflow prevention assemblies are necessary for the protection of the City's water supply. 14.06.060 Regulation of Private Water Supplies. Use or operation of a private water supply system, contrary to the provisions of the ordinances of the City, or the laws of the State, or the rules and regulations of the DOH regarding public water supplies where said private system is served by the City public water supply, is unlawful. 14.06.070 Adoption of State Regulations. DOH rules and regulations regarding public water supplies, entitled "Cross- Connection Control Regulation in Washington State" codified at WAC 246 290 -490. and the American Water Works Association, Pacific Northwest Sections' Second Edition of "Accepted Procedure and Practice in Cross Connection Manual" as they presently exist or are hereafter amended, are adopted by this reference as if set forth in full and are on file in the office of the City Clerk. W Word Processing Ordinances \Water Regulations Page 8 of 9 GL:mrh 22 14.06.080 Abatement of Unlawful Cross Connections and Installation of Approved Backflow Prevention Assemblies Procedure. Cross connections declared in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter installed, and /or services requiring backflow prevention assemblies and /or unlawful use or operation of a private water supply system served by the City public water supply system are public nuisances, and in addition to any other provisions of this code or the ordinances of the City where abatement of public nuisances shall be subject to abatement in accordance with the following procedure: 1 In the event that the Public Works Director determines that a nuisance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the City water department, or alternatively, a copy of such written notice shall be posted on the premises served. 2. The notice shall provide that the nuisance described herein shall be corrected within 30 days of the date said notice is mailed or posted on the premises. 3. In the event said nuisance is not abated within the prescribed time, water service to said premises shall be discontinued. 4. In the event that the nuisance, in the opinion of the Public Works Director, or his or her designee, presents an immediate danger of contamination to the public water supply, service from the City water supply system to the premises may be terminated without prior notice, provided, however, notice will be posted on the premises m the manner heretofore provided at the time said service is terminated. 14.06.090 Penalties. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.06, shall be subject to the terms and conditions of Chapter 8.45 "Enforcement Section 3. Repealer. Ordinance Nos. 951 §1 (part), 1770 (part), 1766 §1 (part), 1798 §2, 2001 §1, 2187 (part), and 2252 §1 (part) are hereby repealed. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council. Published. Effective Date: Office of the City Attorney Ordinance Number W Word Processing Ordinances \Water Regulations Page 9 of 9 GL:mrh 23 24 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 14.08, 14.12 AND 14.16 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO SEWER RATES AND DISCHARGE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the sewer utility; and WHEREAS, the City Council also desires to establish the appropriate fees for work requiring a permit and inspection, and WHEREAS, the City needs additional revenues to adequately fund the sewer utility and related capital improvements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 14.08, "Sewage Waste Disposal Systems hereby reads as follows: 14.08.010 County Ordinance Adopted. The regulations and provisions of Title 13 of the Board of Health of King County, Washington. entitled "Board of Health On -site Sewage Regulations" as they presently exist or are hereafter amended. are adopted by the reference as if set forth in full and are on file in the office of the Cite Clerk. Section 2. TMC Chapter 14.12 "Sewer Regulations," hereby reads as follows: be deemed an excrcisa cf a: health and safety and the protection of the public from fraud, and it shall be liberally 14.12.020 Definitions. See TMC Section 14.04.010. A. The "Cihj Superoissr," whenever used in TMC Chapter 14.12, mains not only such supervisor but any of his authorized assistants or inspectors. B. "Person," whenever used in TMC Chapter 11.12, means and includes natural persons of either. se;:, a oysa. The-singular number when necessary includes the plural, and the masculine pronoun includes the feminine. 14.12.030 Notice Connection Requirements. The owner of each lot or parcel of real property within the area to be served by the sanitary sewage disposal system, upon which such lot or parcel of property there shall be situated any building or structure for human occupancy or use for any purpose, shall within 30 days after the publication in a newspaper of general circulation within the City of a notice signed by the Mayor and City Clerk, for connections to be made therewith, cause a connection to be made between the said sewage system and each such building or structure, provided that where more than one such building is located on a lot or parcel of land not larger than 50 feet in width and 100 feet in depth, and all such buildings may be served by one W- Word Processing Ordinances \Sewer Regulations Page 1 of 12 GL:mrh 25 sanitary sewer connection, only one connection for all such buildings need be made. All premises upon which any portion of any building is situated within 250 feet of a sanitary sewer line or lateral shall be deemed to be within the area served by said sanitary sewage system. All connections shall be made to said sanitary sewage system in a permanent and sanitary manner subject to the approval of the Director, and shall be sufficient to carry all sanitary sewage and waste fluids of any kind from said buildings into said sanitary sewage system, and each toilet, sink, stationary wash stand, or any other piece or type of equipment having waste fluids shall be connected with said sanitary sewage system, provided, that where such building or structure has not been completed before the publication of such notice, connections shall be made on or before the completion of such building or structure and before any use or occupancy. 14.12.040 Penalty for Late Connection Payment. If any connection shall not be made within the time herein provided, the Director or such other employee of the City as the Mayor or City Council designate is hereby authorized and directed to cause the same to be made and to file a statement of the costs thereof with the City Clerk; and thereupon a warrant shall be issued under the direction of the City Council against the sewer fund for the payment of such cost. Such amount, together with a penalty of 10 plus interest at the rate of 8% per annum upon the total amount of such costs and penalty, shall be assessed against the property upon which the said building or structure is situated, and shall become a lien thereon as hereinafter provided as in the case of delinquent sanitary sewer service charges. The total amount when collected shall be paid into the sewer fund. In the alternative, if any such connection shall not be made within the time hereinabove provided, the Director or such other employee of the City as the Mayor and City Council may hereinafter designate, shall certify to the City Clerk that the connection has not been made, and the City Council shall cause an action to be instituted in the Superior Court of the State of Washington for King County against the owner or owners of the property upon which the building or structure requiring said person to forthwith cause the connection to be made. Nothing in TMC Chapter 14.12 shall be construed to relieve the property owner from paying monthly sanitary sewage service charges as herein established pending the making of the connection. 14.12.050 Permit Required. It is unlawful for any person to make any opening in any public sanitary sewer or to connect any private drain or sewer therewith, or to lay, repair, alter or connect any private drain or sanitary sewer in a public street, avenue, alley or other public place, unless such person has first obtained a permit to do so from the Director. 14.12.060 Sanitary Side Sewer Installation Permit Required. It is unlawful for any person to connect any private sanitary sewer system to the public sanitary sewer system without complying with all the provisions of TMC Chapter 14.12 in relation thereto and having a permit to do so from the Director. 14.12.070 Obtaining Permit to Install Sanitary Side Sewer. In order to obtain the permit provided for in TMC Section 14.12.060, the owner shall file an application therefor with the Department pursuant to TMC Section 18 104.060, together with plans and specifications showing the whole course of the drain from the public sanitary sewer to its connection with the building or premises, and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the Department for approval, and Director may change or modify the same and designate the manner in which the connecting sanitary sewers shall be connected with the building, the place where such connections with the public sanitary sewer shall be made, and specify the material, size and grade of the connecting sanitary sewer, and shall endorse his approval on such plans and specifications as originally prepared or as modified and changed. The owner shall further provide an expressed written consent to the Department to enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval of the plans and specifications, the Department shall issue a permit to the owner to construct that portion of sanitary side sewer within the owner's property, and shall also issue a work order to the street department to W Word Processing Ordinances \Sewer Regulations Page 2 of 12 GL:rnrh 26 install sanitary side sewer from sanitary sewer main to property line, and it is unlawful for any person to alter the approved plans and specifications or to do any other work than is provided for in the permit, or to repair, extend, remove or connect to any private sanitary sewer without first obtaining a permit as provided in TMC Chapter 14.12. 14.12.080 Issuance of Temporary Permit. At the discretion of the Department, a temporary permit may be issued permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer The temporary permit shall be revocable upon 60 days' notice posted on the premises directed to the owner or occupant of the premises, and in the event that the private sanitary sewers are not disconnected at the expiration of the notice, the Department of Public Works may disconnect the same and collect the cost of the disconnection from the owner or occupant of the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be granted only on the condition that the permittee will save the City harmless from any damage by reason of the issuance or revocation of the temporary permit. 14.12.090 Permit to Construct or Extend Sanitary Sewer Inside Property. A. It is unlawful for any person to construct, extend, relay, or make connections to a private or lateral sanitary sewer within the property line without obtaining a permit therefor as provided in TMC Chapter 14.12 and filing a scale drawing showing the location thereof, as provided in TMC Section 14.12.050 B The Department may issue the permit to the owner or agent of any property to construct, extend, relay, or make connections to a lateral or private sanitary sewer inside of property line provided that such owner or agent shall comply with the applicable provisions of TMC Chapter 14.12. 14.12.100 Additional Work Permit. When a permit has been issued for a private sanitary sewer or drain, as provided in TMC Chapter 14.12, no additional work shall be put in without the approval of the Department, and a new permit must be taken out covering all such additional work. 14.12.110 New Permit Fee. In case work shall not be done or completed within the time specified in any permit and no extension thereof has been granted, a new permit shall be applied for and all applicable fees will be charged. 14.12.120 Time Limit. No permit issued under the provisions of TMC Chapter 14.12 shall be valid for a longer period than that specified in the permit, but the same may be renewed or extended at the reasonable discretion of the Director upon application therefor prior to the expiration of the time originally limited in the permit. 14.12.130 Display of Permit. The permit from the Department required under the terms of TMC Chapter 14,12 must, at all times during the performance of the work and until the completion thereof, be posted in some conspicuous place at or near the work. 14.12.140 Work Without a Permit. It shall be the duty of any police officer, in case he finds any person engaged in the work of breaking the ground for the purpose of making connections with the public sanitary sewer, to ascertain if such person has a permit from the Department to make such sanitary sewer connections, and in the event that such person has no permit for making such connections, it shall be the duty of such officer to immediately report the fact to the Director 14.12.150 Description of Sanitary Side Sewers. All sanitary side sewers shall be laid on not less than 2% grade, nor more than two vertical to one foot horizontal, shall not be less than 30 inches from any building; shall have not less than 12 inches of cover inside the property line; and shall be not less than six inches in diameter from the main sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains, shall be connected directly or indirectly to the sanitary sewers. Not more than one house shall be connected with a lateral sanitary sewer, except where such connection is made inside the property line and the owner or owners of such property shall make and file in the office of the City Clerk an easement for such purposes, except also, where connection is to an existing sanitary side sewer within a public street, and written permission from the owner or owners of the premises served by such sanitary side W- Word Processing Ordinances \Sewer Regulations Page 3 of 12 GL:mrh 27 sewer has been filed with the Director. In the event that physical or other conditions render the enforcement of the above provisions impracticable, the Director may issue a special permit for the installation of a lateral or private sanitary sewer requiring compliance only with the above conditions, as far as practicable; but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damages by reason of such installation. 14.12.170 Call for Inspection. Any person performing work under permit pursuant to the provisions of TMC Chapter 14.12 shall notify the Director when the work will be ready for inspection, and shall specify in such notice the location of the premises. If the inspector finds the work or material used is not in accordance with the provisions of TMC Chapter 14.12, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection, and a copy of such notice shall be kept on file in the office of the Director. 14.12.180 Inspection Before Trenches Filled. No trench shall be filled or any connecting sanitary sewer covered, until the work from the point where the same connects with the public sanitary sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected shall have been inspected and approved by or under the directions of the Director and until the same shall have been made in all respects to conform to the provisions of TMC Chapter 14.12. 14.12.190 Inspector's Right of Entry. For the purpose of examining any or all private sanitary sewers or drains and of ascertaining whether the provisions of TMC Chapter 14.12 are being complied with, the Director or his duly authorized representatives or agents shall, upon the issuance of a search warrant or in any emergency or when consent has been given, at all reasonable times have the right to enter and inspect such buildings; and it is unlawful for any person to prevent or attempt to prevent any entrance or inspection, or to obstruct or interfere with any such officer while engaged in such an inspection. the City sewer cystcm is included in thc initial permit fcc. For eoch additional inspection after thc second, a fc.2 will bc charged in accordance with thc fcc schedule to bc adopted by motion or resolution of the Tukwila City Council. 14.12.210 Improper Work Completion by City. If any work done in pursuance of a permit granted, as prescribed in TMC Chapter 14.12, is not constructed and completed in accordance with the provisions of TMC Chapter 14.12 and the plans and specifications as approved by the Director, and if the contractor or person doing the work refuses to properly construct and complete the work, notice of the failure or refusal shall be given to the owner of the property, for whom the work is being done, as provided in TMC Chapter 14.12; and the Director shall cause the work to be completed and the sewer connected in the proper mariner, and the full cost of the work and any materials necessary therefor shall be charged and become a lien against the property, and shall be collected in the manner provided in TMC Chapter 14.12. 14.12.220 Obstructed or Broken Sewer Repair. Whenever any private sewer connected with any public sanitary sewer becomes obstructed, broken or out of order, and if the owner, agent or occupant of the premises fails to repair the same after five days when notified to do so by the Director, the Director is authorized to remove, reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of the owner, agent or occupant of the premises; and when two or more houses or buildings are connected with the same private sanitary sewer, the owners, agents or occupants shall be jointly and equally liable for any work done by the City supervisor under TMC Section 14.12.220 W Word Processing Ordinances \Sewer Regulations Page 4 of 12 GL:nh u 28 p 14.12.230 Injury to Public Sewers and Drains. It is unlawful for any person to injure, break, remove or alter any portion of any manhole, clean -out, flush tank, or any part of the public sanitary sewers or drains of the City 14.12.240 Depositing Rubbish in Public Sewers and Drains. It is unlawful for any person to deposit in any manhole, clean -out, flush tank, sanitary sewer opening, drain, ditch, or natural water course any garbage, rubbish, dead animals or any substance that will obstruct, or have a tendency to obstruct, the flow of any sanitary sewer, drain, ditch or natural water course. 14.12.250 Exhaust Steam and Hot Water. No steam exhaust or blow -off, or any heated water higher than 150° Fahrenheit shall be discharged into a sanitary sewer. 14.12.260 Unlawful Discharge of Prohibited Foreign Substance into Public Sewer. A. It is unlawful to discharge or cause to be discharged into any sewer any waste which may have an adverse or harmful effect on the sanitary sewer system, public treatment works, its personnel or equipment. None of the following waters or wastes shall be discharged into the public sanitary sewer: 1. Polar and non -polar fats. oils, or grease (FOG in amounts that exceed King County wastewater division standards or cause a visible sheen on the discharge or in the public sewer system or build -up of grease in any public sewer facility or which accumulations either alone or in combination with other discharges cause obstructions of the public sewer system: 2. Any gasoline, benzene. fuel oil, or other flammable or explosive liauid, solid, or gas; 3. Food waste or animal parts, including food grinder waste, that cannot pass through a one quarter inch sieve: 4. Any ashes, cinders. sand, gravel, mud, straw. grass, metal, glass, rags, feathers, tar. plastics, wood, paunch manure or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the prover operation of the sewerage works. 5. Any waters or wastes having a off lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel. 6. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to iniure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant; 7. Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; 8. Any noxious or malodorous substance capable of creating a public nuisance. 14.12.263 Pretreatment Facilities. A. All such prohibited substances identified in TMC Section 14.12.260 shall be intercepted by an adeauate and suitable separation device or interceptor, installed in such a manner that allows the safe and convenient removal of the waste product or other prohibited substances. materials or liauid as identified in TMC Section 14.12.260. which shall not flow or be discharged into the sanitary sewer system. All such interceptors shall be of design, construction and capacity as shall be approved by the City Engineer. The grease interceptor shall be adeauately maintained and readily accessible for inspection by the City at any time to ensure its proper operation. B. Any violation of this section is subiect to the terms specified in "Enforcement" as set forth in TMC 14.12.265. 14.12.265 Unlawful Discharge Enforcement. All violations of TMC Section 14.12.260 shall be considered civil infractions, and are subject to the actions and penalties set forth in TMC Chapter 8 45 W Word Processing Ordinances \Sewer Regulations Page 5 of 12 GL:nuh 29 14.12.270 Discharge of Surface or Subsurface Drainage. It is unlawful to discharge surface or subsurface drainage into any portion of the sanitary sewer system. 14.12.280 Trees and Shrubbery Obstructing Sewers. It is unlawful to plant poplar, cottonwood, soft maple, gum, or any other tree or any shrub whose roots are likely to obstruct public or private sanitary sewers, within 30 feet of any public or private sewer or drainpipe. The Director is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs that extend into any public street, when said trees or the roots thereof are obstructing, or when he determines they are liable to obstruct, public or private sanitary sewers or drains; provided, however, that he shall give ten days notice in writing to the owner or occupant of the abutting property to remove the same; and if the owner or occupant fails refuses so to do so, the reasonable cost of removal when done by the Director shall be a charge against, and a lien upon, the abutting property from which such trees or shrubs are removed, and the Director is authorized and directed to collect such charge by suit maintained in the name of the City as plaintiff, against the owner, in any court of competent jurisdiction. 14.12.290 Non compliance Notice Remedy. When any sanitary sewer is constructed, laid, connected or repaired, and does not comply with the provisions of TMC Chapter 14.12, or where it is determined by the Director that a sanitary side sewer is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Director shall give notice to the owner, agent or occupant of the property in which such condition exists, of such condition, and if he refuses to construct, relay, reconstruct or remove the obstruction of said sanitary side sewer within the time specified in such notice, the Director may perform such work as may be necessary to comply with TMC Chapter 14.12, and the cost of such work as done by the Director shall be assessed against the property or collected from the person responsible for the condition, and the amount thereof shall become a lien upon the property, and the City Attorney is authorized, empowered and directed to collect such cost, either by the foreclosure of the lien or by a suit against the owner or occupant of the property, or other person responsible for such condition, which suit shall be maintained in the name of the City as plaintiff, in any court of competent jurisdiction. 14.12.300 Regulation Authority. The Director may make and issue such rules and regulations as may be expedient and necessary to carry out the provisions of TMC Chapter 14.12. 14.12.310 Lien Collection Notice. A. Whenever any sum of money is to be charged as a lien upon the particular property upon which work shall be done by any department of the City under the terms and provisions of TMC Chapter 14.12, the manner and method of collecting said amounts shall be substantially as follows: The owner or agent of the property shall be given a notice in writing by the Department that said owner or agent is required to do the particular work at the expense of the property owner. The notice shall be in substantially the following form. "To Owner, and Agent, of that certain property described as Lot J in Block Addition to the City of Tukwila, King County, Washington: You are hereby notified to perform the following work upon the above described property within 10 days of the date of the service of this notice upon you, viz. And you are further notified that if you do not perform said work within said period of 10 days, then the City of Tukwila will perform the same and charge the amount of said work against said property, and will proceed to collect the same according to law. The City Of Tukwila By. Director" W Word Processing Ordinances \Sewer Regulations Page 6 of 12 GL:nuh 30 B. A copy of this notice shall be posted upon the property affected, and a further copy shall be mailed to the agent or owner at his last known address. In case the agent or owner fails to perform the work within ten days, after the notice shall have been mailed and posted, then the work shall be done by the proper department of the City; and as soon as practicable after the work is performed, the owner or agent shall be notified in the same manner as provided in TMC Chapter 14.12, that the work has been done by the City, and of the amount of the charge for doing the work and shall require either to pay to the Finance Director said amount, within 30 days after the date of the posting and mailing of the notice to him, or to file with the City Council objections in writing against said charge. The form of notice just provided for shall be substantially as follows: "To Owner, and Agent, of that certain property described as Lot in Block Addition to the City of Tukwila, King County, Washington. You are hereby notified that pursuant to a former notice given you upon the day of 20 the City of Tukwila has performed the work required to be done pursuant to the said former notice, and that the cost and expense of doing said work is the sum of dollars. You are further notified that unless you pay said amount to the City Finance Department, or file objections against said amount within 30 days of the date of service of this notice upon you, the same shall be a lien against the above described real property and will be collected by the City of Tukwila according to law The City Of Tukwila By Director" C. The City Council shall at its next regular meeting after the filing of any objections or as soon thereafter as may be convenient, hear the same. At such hearing, the Council may take any action in the matter as may seem just. After said hearing, or after the expiration of the 30 -day period hereinbefore provided for when no objection is filed, the amount thereof shall become a lien against the property upon which the work was performed, and the City Attorney is authorized to proceed to collect the amount in any lawful manner. Section 3. TMC Chapter 14.16, "Sewer Charges," hereby reads as follows. 14.16.010 Definitions A. "Commercial and industrial sewage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used or engaged in the selling, manufacturing, processing, and/ or dispensing of products or services, or otherwise catering to the public. B "Dwelling unit" means a unit in an apartment house, rooming house, trailer court, motel, hotel, building or space for human habitation having plumbing facilities for preparation of food, washing dishes, etc., and /or for bathing, and for toilet purposes, for the exclusive use of the individual or individuals occupying the dwelling unit. C. "Multiple dwelling (permanent type) sewage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used for renting of apartments, rooms, other dwelling units with water connections, providing for human habitation on a permanent basis. D "Multiple dwelling (transient type) sewage service" means sewage collection and/ or sewage disposal service, furnished or available to the use of premises used for renting of motels, hotels, trailer space, and any other building or space providing for human habitation on a transient basis. W Word Processing Ordinances \Sewer Regulations Page 7 of 12 GL:n,rh 31 E. "Multiple tenant commercial and/or industrial unit sewage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used for renting, leasing, subleasing or sale to more than one tenant within a single structure for the purpose of retail or wholesale sales, commercial or industrial use for the manufacture, processing, assembly, disassembly or other related use of similar nature. F. "Recipient of service" All property owners within the City, within the area served by the sewerage system of the City, are hereby required and shall be compelled to connect their private drains and sewers with the sewerage system of the City; and it is unlawful for any property owner to fail or refuse to make such connections. G. "Residential sewage service" means sewage collection and /or sewage disposal furnished or available to the use of premises used primarily for human habitation, excluding those premises used for the renting of rooms, apartments, and trailer space. I. "Sanitary side sewer" means a sanitary sewer laid generally perpendicularly from a main sanitary sewer in a public right -of -way to the property line of the property to be served by the sewage collection and /or sewer disposal service. J "School sewage service" means sewage collection and /or sewage disposal service furnished or available to the use of premises used for public and /or private schools. K. "Sewage collection system" means the collection and carrying of sewage through the City's system of sanitary sewers. L. "Sewage disposal service" means the disposition of sewage by purification in a sewage treatment plant. 14.16.020 Date of Commencement and Payment for Service Charges. Charges shall be made for all sewage collection service and /or sewage disposal service furnished, or available for use, from November 30, 1961. Service and cha_bss shall be on a monthly basis, from thc 28- st day of thc month following thc service month billing-is made, and shall be delinquent after that date. All charges shall be billed to the recipient premise:, sr to the person charged for water furnished by the City, if other than the owner. All sewer charges and related fees shall be due and sayable on the first day of each and every month for the sewer and services provided during the previous month and shall be paid to the Finance Director. All bills will become delinouent on the eleventh day of the following month. 14.16.030 Schedule of Charges. Rates and charges for sewer service furnished and available for use shall be paid by the owner of the property and shall be as follows: 1. Residential Sewage Service (single dwelling unit) A flat monthly rate for each single family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of sewer service charges. Every such person shall file with the Finance Department their affidavit that they are qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary 2. Residential Sewage Service (multiple dwelling unit, permanent type) A flat monthly rate for each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 3 School Sewage Service The rate shall be the commercial /industrial sewage rate. W Word Processing Ordinances \Sewer Regulations Page 8 of 12 GL:n,rh 32 4. Commercial and Industrial Sewage Service Each account will be charged a flat monthly rate in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. In addition, the charge for sewage service on premises using more than 750 cubic feet of water per month shall be at the rate per 750 cubic feet, in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 5. Payment of charges Interest will be charged on delinouent balances 30 days in arrears in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. All balances will become delinouent on the eleventh day of the month following the month that the sewer service was provided. 14.16.040 Special Rates. A. Nothing herein shall be construed to prevent the charging of special rates under agreement between the City and commercial and/ or industrial recipient. B For the properties complying with TMC Section 14.16.040, the charges for sewer services outside the corporate limits of the City shall be the same as those charged within the City, provided that the parties seeking the service shall have paid for the construction of their sewer by a Local Improvement District or by and at their sole expense in accordance with applicable ordinances, regulations, specifications and comprehensive sewage plans of the City Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer C. For those properties outside the City corporate limits requesting sewer service who do not comply with the provisions of TMC Section 14.16.040B, the charges for sewer service shall be two times the amount chargeable under TMC Section 14.16 030, if the service was provided within the corporate limits of the City Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer D The coruiection of service outside the City limits shall be solely at the discretion of the City Council. 14.16.050 Responsibility of Owner to Pay. All accounts for sewer shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant or third -party paving agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners. tenants, and/ or third party paving agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council., 14.16.055 Sewer Bill Leak Adjustments. City Administrative Policy No 300 -14, "Utility Leak Adjustment Policy," is hereby adopted and incorporated into this Chapter by reference. The Finance Director is required to maintain the administrative Utility Leak Adjustment Policy Changes to the Policy require approval of the City Council Finance and Safety Committee. 14.16.060 City/King County Agreement Charges. In addition to those charges set forth in TMC Section 14.16.030, there shall be charged each month those charges as set forth and defined in Section 5 of the Tukwila /King County agreement as adopted by Ordinance 461. King County in this context refers to King County Department of Natural Resources and Parks. Wastewater Treatment Division. 14.16.065 Citv/Kinz County Wastewater Treatment Rate A. Regular Rate: The City /King County METRO charges as provided in TMC Section 14.16.060 and as required by the Agreement for Sewage Disposal between King County METRO and the City of Tukwila is set at the most current King County rate per month per residential customer and per residential customer equivalent as now defined or hereafter amended in the agreement for sewage disposal between King County METRO and the City of Tukwila. W- Word Processing Ordinances \Sewer Regulations Page 9 of 12 GL:nvh 33 B. Reduced Rate. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of the City /King County METRO charge. Every such person shall file with the Finance Department their affidavit that they are qualified to receive the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary 14.16.070 Regular Connection Charge. In addition to the permit fees required by TMC Chapter 14.16, the property owner seeking connection to the sewerage system of the City, in order that such property owner shall bear his equitable share of the cost of the City's entire sewer system, shall pay, prior to connection to a City sewer, a regular connection charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 1. The fec for inch single dwelling house shall be $10.00. 2. The fee for multiple dwelling structures such as duplex houses, bungalow courts, $150.00 for the first dwelling unit and $5000 hsr .ash additional dwelling unit. e!,!!! .a a maximum fee limit of $1,500. The minimum fec for 14.16.072 Special Connection Charge Payment. In addition to the regular connection charge imposed under TMC Section 14.16.070, a special connection charge shall be paid by the owners of properties which have not been assessed or charged or borne an equitable share of the cost of the City sewerage system. Such charge shall be paid prior to connection to the City sewer and shall be in an amount to be computed under TMC Section 14.16.074. 14.16.074 Special Connection Charge Computation. The special connection charge imposed by TMC Section 14.16.072 shall be paid to the sewer fund and shall be computed as follows: 1. For lateral sewers The number of units of property furnished to be served by the sewer determined in the manner prescribed in RCW 35 44.030 and 35 44.040 for determining "assessable units of frontage" shall be multiplied by the average five -year local improvement assessment per unit of frontage for lateral sewers for the five -year period in which the property to be connected was constructed and accepted as completed, as follows: 1 Year 1 1955 -59 1 1960 -64 1 1965 -69 1 1970 1 Sewer $5.26 $811 $10,97 I $12.00 Rate The lateral sewer charge shall be waived by the City providing the owner, developer or applicant constructs at his own expense a sanitary sewer to serve his property, and providing that the sewer is in compliance with the comprehensive sewage plan and specifications and requirements of the City The City shall also waive the area or trunk sewer charge if the owner, developer or applicant constructs at his sole expense a sanitary sewer so as to serve other properties, and is over -sized to accept sewage generated from other properties, which properties are not contributing to the W Word Processing Ordinances \Sewer Regulations Page 10 of 12 GL;mrh 34 construction cost of the over sizing. The construction shall be in accordance with the comprehensive sewage plan and specifications and requirements of the City 2. For trunk sewers The number of square feet of property area to be served by the sewer shall be multiplied by the average local improvement assessment per square foot for trunk sewers for the five -year period in which the trunk sewer to which the lateral sewer serving the property is to be connected was constructed and accepted, as follows. 1 Year 1 1955 -59 1 1960 -64 1 1965 -69 1 1970 1 Sewer Rate Der Sq. Ft. .0160 1 0195 1 0200 1 .0200 Such special connection charge for property abutting on a street, in which a sewer can be constructed or extended to serve such property, shall be computed as if the sewer were so constructed or extended, and the special connection charge for property located back from the margin of the street in which the sewer exists and outside of the assessment district created therefor shall be made giving consideration to the distance of the property from the street margin. In no case shall credit be allowed for the cost of extra length of side sewer required for connection to the City's sewerage system. Provided, that in cases where application of the foregoing formula to a particular property results in a charge which because of unusual conditions is in excess of charges to similar properties, the Director with express approval of the City Council is authorized to reduce the special connection charge to the amount charged to properties similarly situated. 14.16.076 Special Connection Charge Inclusion of Property in Local Improvement District Credit. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of sewers of a similar nature, the amount so paid shall be credited to the assessment against such property, and such amount shall be paid from the sewer fund to such Local Improvement District fund. 14.16.078 Side Sewer Stub Installation. If the side sewer stub has not been installed to the property line where the property owner elects to connect, it shall be his responsibility to acquire the necessary permits and bear the cost of all necessary construction to provide the required side sewer stub connection to the sanitary sewer Any property served by the sewer stub connection that has been installed, but which was never assessed nor paid for, shall pay the charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council prior to connection to or for the stub 14.16.080 Conformance to Comprehensive Sewage Plan Lateral and Trunk Sewer Dedication. No sewer shall be connected to the City system that does not conform to the comprehensive sewage plan. Prior to being accepted by the City and connected to the City sewer system, all lateral and trunk sewers shall be dedicated to the City pursuant to a developer's agreement or similar agreement satisfactory to the City. 14.16.090 Lien for Unpaid Charges. The City shall have a lien against the property to which sewer service has been furnished for the delinquent and unpaid rates and charges therefor in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. All costs and fees of foreclosing the unpaid sewer costs shall be included in the charges to be paid. The City shall and is required to enforce said liens and foreclose the same in the manner provided by law 14.16.100 Police Power. It is declared to be necessary for the protection of the health of the people of Tukwila that all property within the City within the area served by said sewerage system be connected therewith, and TMC Chapter 14.16 is declared to be an exercise by the police power of the City 14.16.110 Penalty for Violation. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.16, shall be subject to the terms and conditions of TMC Chapter 8 45 "Enforcement W Word Processing Ordinances \Sewer Regulations Page 11 of 12 GL:nvh 35 Section 5. Repealer. Ordinance Nos. 342; 578 (part), 599 §1, 941 91, 1714 91 (part), 1770 97, 98, 99, and §10; 1838 911, 2026 §1, 92 and 93, 2138 91, 2212 §1, 2243 91, and 92; 2252 92; are hereby repealed. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force January 1, 2011 and will include consumption used for the January 31, 2011 Sewer /King County billing calculations. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED• Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council. Published: Effective Date: Office of the City Attorney Ordinance Number: W Word Processing Ordinances \Sewer Regulations Page 12 of 12 GL:rnrh 36 s oti ILA* 14s, City of Tukwila ..I fit; .-.L--;„:4 Utilities Committee N 1 908 UTILITIES COMMITTEE Meeting Minutes October 26, 2010 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Gail Labanara, Mike Cusick, Ryan Larson, Mary Miotke, Shawn Hunstock, and Peggy McCarthy CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5.02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Cascade Water Alliance Update As an information only item, staff informed the Committee of the 2011 budget update from the Cascade Water Alliance. Monthly commodity charges will increase from 6% to 12% This fluctuation was due to Bellevue being double charged for water that flowed through the Bellevue pipeline into Issaquah and Sammamish Plateau. This adjustment for Bellevue then caused the entire rate model for the 8 cities to be recalculated and a one -time adjustment to all members for 2011. INFORMATION ONLY. B. Water and Sewer Ordinances Staff is seeking Council approval of two ordinances updating the water and sewer chapter of the Tukwila Municipal Code (TMC). The chapter has not been completely updated in some time and staff wanted the fees to be included in the Public Works Fee Schedule Resolution (see below). Committee reviewed all of the underlined changes with discussion. Regulation changes included updated backflow assembly requirements (14 06 03) and unlawful discharge of prohibited foreign substances into the public sewer (14.12.250) There are three new fees for unauthorized water usage, special meter reads, and an administrative fee for changing the name /address on a utility bilI. Interest will now be charged on delinquent utility accounts rather than a flat fee Staff originally proposed changing Section 14 17 regarding sewer connection charges, but after review by the City Attorney, those sections will not be changed and will not be forwarded to the COW UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 8 COW FOR DISCUSSION. C. Water. Sewer. and Surface Water Rate Increases for 2011 Staff is seeking Council approval of a resolution adopting a new Public Works Fee Schedule which will reflect increased water, sewer, and surface water rates for 2011. Committee Member Ekberg suggested that the Resolution also include the old fees. Water. In order to maintain current levels of service and lessen the impact of future increases to purchased water, staff is recommending an increase to the minimum water meter charge from $8 00 to $10 00 for residential customers and for commercial /industrial, from $20.00 $360 00 to $30 00 $480.00 (see draft resolution for specific service charges). Water revenue remains flat due to the economic downturn and summer consumption was down due to the weather. Increasing the base rate would be the most logical cost increase implementation since consumption levels are not changing Additionally, Cascade Water Alliance rates are projected to increase 5.8% in 2011 and 15.6% in 2012 Water service charges and fire protection services also have proposed increases. 37 38 COUNCIL AGENDA SYNOPSIS �IILA y J 1 Initials ITEM No. Meeting Date Prepared by 111 Ma evzezv Council review ,t e 11/08/10 I BG I J 1 11/15/10 I BG 4411 -2 908 ITEM INFORMATION CAS NUMBER: 10-124 J ORIGINAL AGENDA DATE: NOVEMBER 8, 2010 AGENDA ITEM TITLE Resolution updating Public Works Fee Schedule for the 2011 Water, Sewer, and Surface Water Rates. CATEGORY Discusszon n Motion Resolution Ordinance I I BtdAward n Public Hearzng U Other Mtg Date 11/08/10 Mtg Date Mtg Date 11/15/10 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance n Fzre Legal P&R n Police PIT/ SPONSOR'S The City's water, sewer, and surface water rates need to be increased to meet operational and SUMMARY capital expenditures for their corresponding enterprise funds. The single and multi family minimum water meter charge will increase from $8.00 to $10.00. The sewer fund's monthly residential flat rate will increase from $13.39 to $16.06. King County is increasing their sewer fee from $31.90 to $36.10 per month in 2011. The surface water fees will increase from $85.00 to $93.00 for residential parcels. Increases are also being proposed for water services and fire protection fees. REVIEWED BY COW Mtg CA &P Cmte 1 1 F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. 1 I Parks Comm. n Planning Comm. DATE: 10/26/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 401, 402, 412 WATER, SEWER, SURFACE WATER FUNDS Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION I 11/08/10 1 11/15/10 1 1 MTG. DATE ATTACHMENTS 11/08/10 Informational Memorandum dated 10/12/09 Exhibit A Rate Matrix Exhibit B King County Ordinance No. 16858 (with Attachment A) Exhibit C Comparison of Rates with adjoining cities 1 Exhibit D Public Works Fee Schedule Resolution I I Minutes from the Utilities Committee meeting of 10/26/10 11/15/10 1 3 40 J '9 sy City of Tukwila a A Jim Haggerton, Mayor \tr+ A `I 9o INFORMATIONAL MEMORANDUM To: Mayor Haggerton UTILITIES COMMITTEE o From: Public Works Directory Date: October 12, 2010 Subject: Water. Sewer. and Surface Water Rates for 2011 ISSUE Adopt 2011 water, sewer, and surface water rate increases. WATER Public Works has analyzed the needs of the water enterprise fund. Cascade Water Alliance's (CWA) wholesale water rates are projected to increase 5.8% for 2011 and 15.6% in 2012. A rate increase on the minimum water meter charge (see Table 1) is being proposed to maintain the current level of service and lessen the impact of future increases for purchased water. A portion of this increase will provide the funds necessary for continuing operational and capital needs. Exhibit A is an overview of all of the Proposed Utility Rate Increases for residential customers. Exhibit C -1 shows a comparison of adjoining cities and their water rates. Exhibit D is the Resolution which updates the Public Works Fee Schedule. In addition we are presenting an updated Water and Sewer Ordinance that will include some additional fees in the Public Works Fee Schedule. The monthly fire protection service charges and fire hydrant fees will also be increased in 2011. SEWER King County Ordinance No. 16858 has a 13.17% sewer rate increase for the King County sewage disposal fees in 2011. The rate will increase from $31.90 to $36.10 per residential customer equivalent per month. The King County sewage treatment capacity charge (for any new sewer connections) will increase from the current $49.07 to $50.45 per month for fifteen years for any sewer connection occurring between January 1, 2011 and December 31, 2011. Exhibit B is King County Ordinance No. 16858. Tukwila's sewer base rate is scheduled for an increase (see Table 2) in accordance with the rate model which analyzes the City's operational and capital needs. The City's sewer rate will increase from $13.39 to $16.06 per residential connection and from $23.43 to $28.12 for up to 750 cubic feet or fraction thereof for commercial /industrial customers. Exhibit C -1 shows a comparison of adjoining cities and their sewer rates. SURFACE WATER Tukwila's surface water base rate is scheduled for an increase in 2011. The City's surface water rate will increase from $85.00 to $93.00 per residential parcel, per year 41 INFORMATIONAL MEMO Page 2 and will range from $11.19 to $93.55 per 4,356 sq. ft for all other parcels. Exhibit C -2 shows a comparison with other cities and their surface water rates. TABLE 1 WATER RATES PROPOSED FOR 2011 Current 2010 CATEGORY Minimum Meter Proposed for Charge 2011 Single Family $8.00 $10.00 Multi- Family (each condo, apt, or dwelling unit) $8.00 II $10.00 Commercial /Industrial $20.00 $360.00 1 $30.00 $480.00 Fire Protection Service Charges $6.00 $216.00 $9.00 $260.00 Fire Hydrant per month $15.00 $20.00 Water Turn On Fee $25.00 $50.00 TABLE 2 SEWER RATES PROPOSED FOR 2011 CATEGORY Current 2010 Rates Proposed for 2011 Residential Sewer Service Flat rate of $13.39 Flat rate of $16.06 (single dwelling unit) per month per month Residential Sewer Service Flat rate of $13.39 per Flat rate of $16.06 per (multiple dwelling unit, permanent type) month for each dwelling unit month for each dwelling unit Flat rate of $23.43 Flat rate of $28.12 Commercial /Industrial Sewer Service per month and, any usage per month and, any usage over 750 cubic feet of water over 750 cubic feet of water per month shall be at the per month shall be at the rate of $23.43 per 750 cf rate of $28.12 per 750 cf RECOMMENDATION The Council is being asked to adopt the City's 2011 water, sewer, and surface water proposed rate increases in accordance with the Public Works Fee Schedule Resolution and consider this item at the November 8, 2010 Committee of the Whole Meeting and subsequent November 15, 2010 Regular Meeting. Attachments Exhibit A Rate Matrix Exhibit B King County Ordinance No. 16858 Exhibit C -1 C -2 Comparison of Rates with Adjoining Cities Exhibit D Public Works Fee Schedule Resolution 42 W \PW Eng \OTHER \Gail Labanara \Water Sewer Documents \Info Memo Water Sewer Rate 10- 12- 10.doc City of Tukwila Proposed Utility Rate Increases With 10 Utility Tax Monthly Fees for Residential Customers Utility 1 2005 I 2006 1 2007 1 2008 I 2009 I 2010 1 °=s °'2011 V I 2012 I 2013 1 2014 1 2015 1 2016 I1 Total WATER I +3% I +10% +15% +15% +10% +10% +10% +10% +5% +10% +11.7% +5% +5% +5% CWA Purchased Water Pass through $2.98 to $3.07 $3.07 to $3.38 $3.38 to $3.77 $3.89 to $4.08 $4.08 to $4.28 $4.49 to $4.71 $4.94 to $5.18 (Average monthly rate with 10 ccf) 1 $0.90 $3.10 $3.90 $1.90 $2.00 $2.20 $2.40 $16.40 +3.3% +5% +5% +5% City of Tukwila Water $3.77 to $3.89 $4.28 to $4 49 $4.71 to $4.94 $5.18 to $5.44 (Average monthly rate with 10 ccf) $1.20 92.10 92.30 $2.60 $8.20 +20% Range 3%-20% Range'3 %-20 Range 3 -20% Range 3%-20% City of Tukwila Minimum Monthly $45 to $54 $6.00 to $8.00 $8.00 :to $10.00 $10.00 to $12.00 $12.00 to $14.00 charge per meter /each dwelling unit $9.00 $2.00 °-'i -$2,00 'F $2.00 $2.00 $8.00 and.Ftre L Fire lines only mist: wtrsivds, SEWER +9% 0% +9 17% 0% +14 13% 0% 1- 13.17% 0% +9.3% +2.5% +5.1% +0.7% King County Sewer Treatment $23.40 to $25.6C $25.60 $25.60 to $27.9` $27.95 $27.95 to $31.90 $31.90 $31,9010338,10 $36.10 $36.10 to $39.46 39.46 to $40.46 $40.46 to $42.53 $42.53 to $42.83 (Monthly Flat Rate) $2.20 $2.35 7 $0.00 $3.95 •$4,20• $3.36 $1.00 92.07 $0.30 $19.43 +15% +10% +15% +15% +15% iii. +2°, 0 +20% +20% +20% +20% +15% City of Tukwila Sewer $7 $7 to $8 $8 to $8.80 $8.80 to $10.12 $10.12 to $11.64 $11.64 to $13.39 ,$13.89 to.$16.06, $16.06 to $19.26 $19.26 to $23.10 $23.10 to $27.72 $27.72 to $33.26 $33.26 to $38.24 (Monthly Flat Rate) 0.00 $1.00 $0.80 $1.32 $1.52 $1.75 42.67 $3.20 $3.84 $4.62 $5.54 $4.98 $31.24 Monthly Sewer Bit (Residential) $32.60 $33.60 $36.75 $38.07 543.54 $45.29 ~$52:16 555.36 $62.56 $68.18 $75.79 $81.07 King County Metro Capacity Charge $34.05 $34.05 $42.00 $46.25 $47.64 $49.07 $50.45 $52.05 $53.62 $55.22 $56.88 $58.58 (information only) $5,195.65 $5,721 40 $5,893.35 $6,070.25 SURFACE WATER City of Tukwila Surface Water +20% +15% +20% +10% +10% +10% +5% +5% +5% Annual Charge (billed Jan July) $52 to $62 $62.00 $62 to $71 $71.00 $71 to $85 $85 to $93 $93 to $102 $102 to $112 $112 to $117 $117 to $123 9123 to $129 Annual Charge divided monthly $4.3310 $5.17 $5.17 to $5.92 $5.92 to $7.08 $7,08 to $7.75 $7.75 to $8.50 $8.50 to $9.33 $9.33 to $9.75 $9.75 to $10.25 $10.25 to $10.75 Monthly Increase for chart $0.84 $0.75 $1 16 $0.67 50.75 $0.83 90.42 50.50 $0.50 $6.42 Total per Month $2.20 $1.84 $4.05 $5.17 $10.57 $4.91 .$9.54 $5.95 1 $11.93 1 $10.14 $12.61 910.78 $89.69 ril 1 W 71 CO q:gail \ciplrate matrix 11/03/2010 EXHIBIT 11A1 King County IVletropolitan King County Council Anne Noris, Clerk of the Council King County Courthouse 516 Third Avenue, Room W1039 Seattle, WA 98104 -3272 Tel: 206- 296 -1020 Fax: 206 -205 -8165 TTY /TTD: 206 -296 -1024 Email: anne.noris @kingcounty.gov Web: www.kingcounty.gov /council /clerk June 25, 2010 Mr. Pat Brodin, Operations Manager City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Dear Mr. Brodin, Monetary Reauirements for 2011 The Metropolitan King County Council approved the sewer rate for 2011 and the sewage treatment capacity charge for 2011 with the adoption of Ordinance 16858 on June 14, 2010. A copy of Ordinance 16858 is enclosed for your information. If you have any questions, please call the Clerk of the Council's Office at 206 296 -1020. Sincerely, Anne Noris Clerk of the Council Enclosure 44 KING COUNTY 1200 King County Courthouse 3 It 516 Third Avenue Seattle, WA 98104 Signature Report King County June 14, 2010 Ordinance 16858 Proposed No. 2010- 0262.3 Sponsors Patterson 1 AN ORDINANCE determining the monetary requirements 2 for the disposal of sewage for the fiscal year beginning 3 January 1, 2011, and ending December 31, 2011, setting 4 the sewer rate for the fiscal year beginning January 1, 2011, 5 and ending December 31, 2011, and approving the amount 6 of the sewage treatment capacity charge for 2011, in 7 accordance with RCW 35.58.570; and amending Ordinance 8 12353, Section 2, as amended, and K.C.C. 4.90.010, and 9 Ordinance 11398, Section 1, as amended, and K.C.C. 10 28.84.055. 11 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 12 SECTION 1. Ordinance 12353, Section 2, as amended, and K.C.C. 4.90.010 are 13 each hereby amended to read as follows: 14 A. Having determined the monetary requirements for the disposal of sewage, the 15 council hereby adopts a ((20 -1 -0)) 2011 sewer rate of ((thi-Fty one dollars and ninety cents)) 16 thirty -six dollars and ten cents per residential customer equivalent per month. Once a 17 sewer rate ordinance becomes effective, the clerk of the council is directed to deliver a 18 copy of that ordinance to each agency having an agreement for sewage disposal with 19 King County. 1 45 Ordinance 16858 20 B. The King County council approves the application of Statement of Financial 21 Accounting Standards No. 71 (FAS 71) to treat pollution remediation obligations and the 22 first year start-up costs after construction on new plants as regulatory assets, and establish 23 a rate stabilization reserve for the purpose of leveling rates between years. 24 C. As required for FAS 71 application, amounts are to be placed in the rate 25 stabilization reserve from operating revenues and removed from the calculation of debt 26 service coverage. The reserve balance shall be an amount at least sufficient to maintain a 27 level sewer rate between ((2009 and 2010)) 2011 and 2012, and shall be used solely for 28 the purposes of: maintaining the level sewer rate in ((204-0)) 2012; and if additional 29 reserve balance is available, moderating future rate increases beyond ((20-1-0)) 2012. If 30 the estimated amount of the reserve, as shown in the financial forecast, Attachment A to 31 ((Ordinance 16554)) this ordinance, needs to be reduced to meet debt service coverage 32 requirements for ((2009)) 2010, the county executive shall notify the council of the 33 change by providing an updated financial forecast. 34 D. The executive shall provide monthly cost reports to the council on Brightwater 35 as outlined in K.C.C. 28.86.165. 36 SECTION 2. Monetary requirements for the disposal of sewage as defined by 37 contract with the component sewer agencies for the fiscal year beginning January 1, 38 2011, and ending December 31, 2011. The council hereby determines the monetary 39 requirements for the disposal of sewage as follows: 40 Administration, operating, maintenance repair and replace (net of other income): 41 $62,940,569. 42 Establishment and maintenance of necessary working capital reserves: 2 46 Ordinance 16858 43 $12,709,607. 44 Requirements of revenue bond resolutions (not included in above items and net of 45 interest income): $228,891,049. 46 TOTAL: $304,541,225. 47 SECTION 3. Ordinance 11398, Section 1, as amended, and K.C.C. 28.84.055 are 48 each hereby amended as follows. 49 A. The amount of the 1994 metropolitan sewage facility capacity charge adopted 50 by K.C.C. 28.84.050.0. shall be seven dollars per month per residential customer or 51 residential customer equivalent for fifteen years. 52 B. The amount of the 1995 metropolitan sewage facility capacity charge adopted 53 by K.C.C. 28.84.050.0. shall be seven dollars per month per residential customer or 54 residential customer equivalent for fifteen years. 55 C. The sewage treatment capacity charge shall be seven dollars per month per 56 residential customer or equivalent for fifteen years for sewer connections occurring 57 between and including January 1, 1996, and December 31, 1996 58 D. The amount of the sewage treatment capacity charge adopted by K.C.C. 59 28.84.050.0. shall be seven dollars per month per residential customer or equivalent for 60 fifteen years for sewer connections occurring between and including January 1, 1997, and 61 December 31, 1997. 62 E. The amount of the sewage treatment capacity charge adopted by K.C.C. 63 28.84.050.0. shall be ten dollars and fifty cents per month per residential customer or 64 equivalent for fifteen years for sewer connections occurring between and including 65 January 1, 1998, and December 31, 1998. 3 47 Ordinance 16858 66 F The amount of the sewage treatment capacity charge adopted by K.C.C. 67 28.84.050.0. shall be ten dollars and fifty cents per month per residential customer or 68 equivalent for fifteen years for sewer connections occurring between and including 69 January 1, 1999, and December 31, 1999. 70 G. The amount of the sewage treatment capacity charge adopted by K.C.C. 71 28.84.050.0. shall be ten dollars and fifty cents per month per residential customer or 72 equivalent for fifteen years for sewer connections occurring between and including 73 January 1, 2000, and December 31, 2000. 74 H. The amount of the sewage treatment capacity charge adopted by K.C.C. 75 28.84.050.0. shall be ten dollars and fifty cents per month per residential customer or 76 equivalent for fifteen years for sewer connections occurring between and including 77 January 1, 2001, and December 31, 2001. 78 I. The amount of the sewage treatment capacity charge adopted by K.C.C. 79 28.84 050.0. shall be seventeen dollars and twenty cents per month per residential 80 customer or equivalent for fifteen years for sewer connections occumng between and 81 including January 1, 2002, and December 31, 2002. 82 J. The amount of the sewage treatment capacity charge adopted by K.C.C. 83 28.84.050.0. shall be seventeen dollars and sixty cents per month per residential 84 customer or equivalent for fifteen years for sewer connections occurring between and 85 including January 1, 2003, and December 31, 2003. 86 K. The amount of the sewage treatment capacity charge adopted by K.C.C. 87 28.84.050.0. shall be eighteen dollars per month per residential customer or equivalent 4 48 Ordinance 16858 88 for fifteen years for sewer connections occurring between and including January 1, 2004, 89 and December 31, 2004. 90 L. The amount of the sewage treatment capacity charge adopted by K.C.0 91 28.84.050.0. shall be thirty -four dollars and five cents per month per residential customer 92 or equivalent for fifteen years for sewer connections occurring between and including 93 January 1, 2005, and December 31, 2005. 94 M. The amount of the sewage treatment capacity charge adopted by K.C.C. 95 28.84.050.0. shall be thirty -four dollars and five cents per month per residential customer 96 or equivalent for fifteen years for sewer connections occurring between and including 97 January 1, 2006, and December 31, 2006. 98 N. The amount of the sewage treatment capacity charge adopted by K.C.0 99 28.84.050.0. shall be forty -two dollars per month per residential customer or equivalent 100 for fifteen years for sewer connections occurring between and including January 1, 2007, 101 and December 31, 2007. 102 0. The amount of the sewage treatment capacity charge adopted by K.C.C. 103 28.84.050.0. shall be forty -six dollars and twenty -five cents per month per residential 104 customer or equivalent for fifteen years for sewer connections occurring between and 105 including January 1, 2008, and December 31, 2008. 106 P. The amount of the sewage treatment capacity charge adopted by K.C.0 107 28.84.050.0. shall be forty -seven dollars and sixty -four cents per month per residential 108 customer or equivalent for fifteen years for sewer connections occurring between and 109 including January 1, 2009, and December 31, 2009. 5 49 Ordinance 16858 110 Q. The amount of the sewage treatment capacity charge adopted by K.C.C. 111 28.84 050 0. shall be forty -nine dollars and seven cents per month per residential 112 customer or equivalent for fifteen years for sewer connections occurring between and 113 including January 1, 2010, and December 31, 2010. 114 R. The amount of the sewage treatment capacity charge adopted by K.C.C. 115 28.84.050.0. shall be fifty dollars and fortv -five cents oer month per residential customer -7?- 116 or equivalent for fifteen years for sewer connections occurring, between and including, 117 January 1, 2011, and December 31, 2011. 118 In accordance with adopted policy FP- 15.3.d. in the Regional Wastewater 119 Services Plan, K.C.C. 28.86.160.C., it is the council's intent to base the capacity charge 120 upon the costs, customer growth and related financial assumptions used in the Regional 121 Wastewater Services Plan. 122 In accordance with adopted policy FP- 6 in the Regional Wastewater Services 123 Plan, K.C.C. 28.86.160.C, the council hereby approves the cash balance and reserves as 124 contained in the attached financial plan for ((2-0-1-0)) 2011. 125 In accordance with adopted policy FP- 15.3.c., King County shall pursue changes 126 in state legislation to enable the county to require payment of the capacity charge in a b 50 Ordnance 16858 127 single payment, while preserving the option for new ratepayers to finance the capacity 128 charge. 129 Ordinance 16858 was introduced on 4/26/2010 and passed as amended by the Metropolitan King County Council on 6/14/2010, by the following vote: Yes: 9 Ms. Drago, Mr. Philips, Mr. von Reichbauer, Mr_ Gossett, Ms. Hague, Ms. Patterson, Ms. Lambert, Mr. Ferguson and Mr. Dunn No: 0 Excused: 0 KING COUNTY COUNCIL KING COUNTY, WASHINGTON 4 1-j UR \rt.\ f Robert W. Ferguson, Chair r ATTEST: r Anne Nons, Clerk of the Council l APPROVED this t AO 2010 day of 1'� k —)(51,3 Dow Constantine, County Executive Attachments: A. Wastewater Treatment Division Financial Plan for the 2011 Amended Proposed Sewer Rate 7 51 ATTACHMENT A: Wastewater Treatment Division Financial Plan for the 2011 Amended Proposed Sewer Rate 16858 2009 2010 2011 2012 2013 2014 2015 2016 Unaudited Forecast Forecast Forecast Forecast Forecast Forecast Forecast CUSTOMER EQUIVALENTS (RCEs1 703.80 691 48 688.02 691.46 696.65 702.92 709.24 715.63 MONTHLY RATE $31.90 $31 90 $36.10 $36.10 $39.46 $40.46 $42.53 $42.83 percent increase 13.2% 0.0% 9.3% 2.5% 5.1 0.7% BEGINNING OPERATING FUND 29,587 45,448 56,484 62,716 37,716 25,185 12,672 13,179 OPERATING REVENUE, Customer Charges 271,560 264,698 298,051 299,541 329,873 341,242 361,996 367,785 Investment Income 5,601 3,146 5,285 6,406 10,558 12,267 13,638 12,891 Capacity Charge 40,754 38,038 40,171 43,647 48,231 53,315 59,251 65,037 Rate Stabilization (15,400) (10,650) (5,800) 25,600 13,000 13,000 Other Income 9,869 8,741 8,049 8,193 8,275 8,358 8,608 8,867 TOTAL OPERATING REVENUES 312,384 303,973 345,756 383,388 409,936 428,181 443,493 454,580 OPERATING EXPENSE (102,981) (106,842) (111,160) (117,164) (121,850) (126,724) (131,793) (137,065) 0% 0% 0% 0% 0% DEBT SERVICE REQUIREMENT PARITY DEBT (145,408) (146,626) (172,586) (197,710) (215,781) (227,063) (235,466) (240,463) SUBORDINATE DEBT SERVICE (12,506) (16,082) (19,346) (23,946) (26,922) (29,517) (29,905) (29,949) DEBT SERVICE COVERAGE RATIO PARITY DEBT 1.44 1.34 1.36 1.35 1.34 1.33 1 32 1.32 DEBT SERVICE COVERAGE RATIO TOTAL PAYMENTS 1.33 1 15 1.15 1 15 1.15 1.15 1.15 1 15 KC POOL LOAN REPAYMENT (21,263) (20,700) (20,625) (20,600) (20,300) LIQUIDITY RESERVE CONTRIBUTION (461) (386) (432) (600) (469) (487) (507) (527) TRANSFERS TO CAPITAL (29,766) (13,337) (21,607) (23,369) (24,614) (44,389) (45,822) (46,576) RATE STABILIZATION RESERVE 35,150 45,800 51,600 26,000 13,000 0 OPERATING LIQUIDITY RESERVE BALANCE 10,298 10,684 11,116 11,716 12,185 12,672 13,179 13,706 OPERATING FUND ENDING BALANCE 45,448 56,484 62,716 37,716 25,185 12,672 13,179 13,706 CONSTRUCTION FUND BEGINNING FUND BALANCE 8,794 5,000 11,571 5,420 5,630 5,000 5,000 5,000 REVENUES: Parity Bonds 550,000 250,000 195,448 43,450 87,404 85,511 130,993 77,618 Variable Debt Bonds (79,315) 180,397 0 44,213 21,826 6,811 9,888 1,289 Grants Loans 20,797 6,640 4,024 707 0 Other 500 500 500 500 500 500 500 500 Transfers From Operating Fund 29,766 13,337 21,607 23,369 24,614 44,389 45,822 46,576 TOTAL REVENUES 521,748 450,874 221,579 112,238 134,344 137,211 187,202 125,982 CAPITAL EXPENDITURES (455,453) (366,478) (209,848) (108,036) (127,490) (129,962) (176,099) (128,427) DEBT ISSUANCE COSTS (9.404) (5,327) (3,909) (1,090) (1,857) (1,744) (2,669) (1,559) BOND RESERVE TRANSACTIONS (44,076) (31,671) 13,894 3,660 (5,627) (5,505) (8,433) 4,003 DEBT SERVICE. CAPITALIZED INTEREST RESERVE (4,665) (29,484) (27,867) (6,562) 0 ADJUSTMENTS (11,943) (11,344) 0 0 0 ENDING FUND BALANCE 5,000 11,571 5,420 5,630 5,000 5,000 5,000 5,000 CONSTRUCTION FUND RESERVES Bond Loan Reserves 162,690 194,361 180,467 176,807 182,434 187,939 196,372 192,369 Policy Reserves 21,000 22,500 22,500 22,500 22,500 22,500 22,500 22,500 TOTAL FUND RESERVES 183,690 216,861 202,967 199,307 204,934 210,439 218,872 214,869 CONSTRUCTION FUND BALANCE 188,691 228,432 208,387 204,937 209,933 215,439 223,873 219,869 Exhibit C -1 Residential Water Rate Comparison as of Sept 2010 Summer 2010 City Base Rates Consumption 2010 2009 Ranking CITY Rate Per CCF Assume 10 CCF TOTAL RATE Difference 1 'SEATTLE 12.56 1 4.18 1 41.80 54.36 50.43 3.93 2 I KENT 1 1 64 1 3.96 1 39.60 51.24 51.24 j 3 1TUKWILA'2011 10 00 1_,. 3.89. 38.90. 48.90 I 46.90 2.00 4 ",1TUKVNILA�2010. 8.00 1 3.89 38.90 -46.90 5 IHIGHLINE 11.25 1 3.50 35 00 46.25 44 47 1.78 6 (SKYWAY (CWA) 13.09 3.06 30 60 43.69 41.21 2.48 7 COVINTON (CWA) (every 2 mos.) 15.00 2 58 25 80 40.80 53 18 (12.38) 8 KING COUNTY #125 11.75 2.90 29.00 40 75 40 75 9 SOOS CREEK 1 8 85 3.26 32.60 41 45 44 45 (3.00) 10 REDMOND (CWA) 11 52 2.42 24.20 35.72 33 97 1 75 11 KING COUNTY #20 9.50 j 2.35 23.50 33.00 32.63 0.37 12 RENTON 11.66 1 1.97 19 70 31.36 28.50 2 86 13 AUBURN 9.71 1 2 06 20.60 30.31 28.31 1 2 00 14 TACOMA 15.33 1 41 14 10 1 29 43 29.41 1 0 02 15 MERCER ISLAND 8.45 2.00 20 00 1 28 45 27 17 1 1.28 16 LAKEHAVEN (FEDERAL WAY) 9.02 0.96 9 60 18 62 15 32 3.30 Residential Sewer Rate Comparison as of Sept 2010 2010 2010 City King County Ranking CITY 2009 Charge Sewer 2010 2011 1 BELLEVUE KC 5514 39.75 31.90 7165 2 SEATTLE KC 1 66 68 34 34 31.90 66.24 3 MERCER ISLAND KC 1 58.60 31 90 1 31 90 1 63.80 4 KIRKLAND 5512 6150 5 SKYWAY KC 55.51 24.32 1 31 90 1 56.22 6 VASHON SEWER KC 1 49.00 24.10 31.90 1 56.00 7 WOODINVILLE 53.28 1 54 45 8 SAMMAMISH PLATEAU KC 49 69 20.27 31.90 52 17 9 NE SAMMAMISH KC 51 93 20.03 31 90 51 93 10 COAL CREEK 48.63 1 50.17 11 1RENTON KC 49.23 17.98 31 90 49.88 12 I CEDAR RIVER W S KC 49 30 17.75 31.90 49.65 13 'KENT KC 44 89 1 16.36 31 90 48.26 1TUKWILA 2011!-" KC 16:06 36.10 52.16 14 ISOOS CREEK KC 47 45 1 15.55 31.90 47 45 15 (BLACK DIAMOND KC 50.92 15.29 31 90 47.19 16 i LAKE FOREST PARK KC 45.83 14 76 31.90 46.66 17 ISSAQUAH KC 49 91 14.75 31 90 46.65 18 ALDERWOOD 42.34 46 03 19 TUKWILA 2010 KC 43.54: 13.39 31.90 45.29 20 REDMOND KC 4419 12.32 3190 44.22 21 NORTHSHORE 40.75 44 00 22 AUBURN KC 42.92 11.25 31.90 4315 49.96 23 ALGONA 41.02 41.02 24 VALLEY VIEW SEWER 40.90 40.90 25 LAKEHAVEN 25 51 27 72 29 94 26 SOUTHWEST Surburban Sewer 21.50 25.50 27 MIDWAY 20 00 1 I 20 00 22 00 !AVERAGE 44 42 46.35 11/03/2010 53 Exhibit C -2 SINGLE FAMILY SURFACE WATER RATES AS OF SEPTEMBER 2010 2010 2011 CITY Monthly Rate Yearly Rate Yearly Rate Seattle (range of fees) 17.17 1 206.04 1 Redmond 16.56 1 198.72 1 Newcastle 16.29 195.48 Auburn 14.18 170.16 Issaquah 14.08 168.961 Sammamish Plateau 12.50 150.00 1 Des Moines 11.56 138.72 1 Kent 10 06 120.72 1 Normandy Park 10.00 120 00 King County 9.25 111.00 :t {f�' �'3 Y S .85i00: 93:0 0' T.ukwil ?'20:'f.0, �Ts08 X 7.41 Renton 88.92 Federal Way 6 59 79.03 1 Lynnwood 6.70 80 40 I 86.40 5 A \PW Eng \OTHER \Gail Labanara \Water Sewer Documents \Utility Rate Surveys Water, Sewer SSWM Exhibit D DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1699. WHEREAS, each year the City analyzes the rate model for the three utility enterprise funds, which are water, sewer and surface water to ensure revenues keep pace with expenses; updates the traffic model, and analyzes the transportation network to ensure continued compliance with the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, the City is authorized to impose fees that are similar to charges for services rendered, and 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, which shall supersede any previously adopted Public Works Fee Schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION 1 FEE 1 Type A (Short -Term Nonprofit) 1 50.00 1 1 Type B (Short -Term Profit) 1 $100.00 1 Type C $250.00 application base fee, plus four (Infrastructure and Grading on Private components based on construction value: Property and City Right -of -Way and 1) Plan Review Disturbance of City Right -of -Way) 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review 1 Type D (Long -Term) 1 $100.00 1 Type E (Potential Disturbance of City Right of -Way) 100.00 Type F (Blanket Permits) 250.00 processing fee, plus $5,000 cash deposit, withdraw $100 per instance for inspection 1 Additional Inspections 1 60.00 per inspection 1 Franchise Telecommunications 1 5,000.00 administrative fee 1 Franchise Cable 1 5,000.00 plus 5% of total revenue 1 Street Vacation 1 1,200.00 Latecomer's Agreements 500.00 processing fee, plus 17% administrative fee, plus $500.00 segregation fee 1 Flood Zone Control 1 50.00 Copy of City of Tukwila s Infrastructure Design and Construction Standards 50.00 WATER RATES I FEE 1 Water Meter Installation .75 inch 600.00 1 inch 1,100.00 1.5 inch 2,400.00 2 inch 2,800.00 3 inch 4,400.00 4 inch 7,800.00 6 inch $12,500.00 W Word Processing Resolut,ons\ 2010 PW Fee Schedule GL:mrh Page 1 of 4 55 WATER RATES FEE Water Meter Deduct $25.00 Water Base Charge (Monthly) In addition to the monthly water base charge, each 100 cubic feet of water used will be charged as shown in "Water Rates (Monthly)." Current 2010 Proposed 2011 Single Family (one dwelling unit) 8.00 10.00 Multi- Family (more than one dwelling unit) 8.00* 10.00* Commercial /Industrial Customers: *each dwelling unit 3/4 inch Service 20.00 30.00 1 inch Service 35.00 40.00 1-1/2 inch Service 45.00 60.00 2 inch Service 65.00 80.00 3 inch Service 100.00 120.00 4 inch Service 130.00 160.00 6 inch Service 200.00 240.00 8 inch Service 240.00 320.00 10 inch Service 300.00 400.00 12 inch Service 360.00 480.00 Water Rates (Monthly) In addition to the monthly water base charge listed above, each 100 cubic feet of water will be charged at the following rates: Single and Multi- Family (Jan-May) 2.79 Single and Multi- Family (Jun -Sept) 3.89 Single and Multi- Family (Oct -Dec) 2.79 Commercial /Industrial (Jan -May) 3.62 Commercial /Industrial (Jun -Sept) 4.98 Commercial /Industrial (Oct -Dec) 3.62 Fire Protection Service Charges (Monthly) Per month based on size of service. Current 2010 Proposed 2011 2 inch Service 6.00 9.00 3 inch Service 13.50 20.00 4 inch Service 24.00 35.00 6 inch Service 54.00 80.00 8 inch Service 96.00 $120.00 10 inch Service 150.00 $200.00 12 inch Service 216.00 $260.00 WATER SERVICES FEE Water Turn On Current 2010 Proposed 2011 25.00 50.00 After Hour Water Turn On additional fee Current 2010 Proposed 2011 for customer requested after hours water 75.00 100.00 turn on Unauthorized Water Usage after shut -off Current 2010 Proposed 2011 for non payment (NEW) 100.00 Special Meter Read customer reauested Current 2010 Proposed 2011 meter read outside normal read schedule (NEW) 30.00 Shut -off notice Current 2010 Proposed 2011 10.00 30.00 Change in owner. tenant. and /or third Current 2010 Proposed 2011 party paving agent (NEW) 20.00 Current 2010 Proposed 2011 Fire Hydrant per month 15.00 20.00 Emergency Conservation Sanction 100.00 W Word Processing Resolutions\ 2010 PW Fee Schedule GL mrh Page 2 of 4 56 WATER SERVICES FEE Temporary Water Meter Deposit Current 2010 Proposed 2011 .75" and 1" water meter 300.00 2.5" water meter $1,000.00 $1,500.00 Temporary Water Meter Rental per minimum 60 days expiration .75" and 1" water meter 75.00 2.5" water meter 150.00 WATER INTEREST CHARGE (NEWT 1 RATE (NEW) On all water accounts 30 days in arrears 8% per annum computed on a monthly basis from the date of delinauencv until paid SEWER RATES 1 FEES Residential Sewer Service Flat rate of $139 $16.06 per month (single dwelling unit) (TMC 14.16.030, (1)) Residential Sewer Service (multiple Flat rate of $13 -39 $16.06 per month for each dwelling unit, permanent type) dwelling unit (TMC 14.16.030, (2)) Commercial and Industrial Sewage Service Flat rate of $23.43 $28.12 per month and, in addition, any usage over 750 cubic feet of water per month shall be at the rate of $23.13 $28.12 per 750 cubic feet (TMC 14.16.030, (4)) Sewer Late Charge 0-per m�n:h on sewer a____r.`s rr, _c than 30 days (TMC 14.16.030, (5)) SEWER INTEREST CHARGE (NEW)_ RATE (NEW) On all sewer accounts 30 days in arrears from the date of delinauencv until paid 8% per annum computed on a monthly basis SURFACE WATER RATES 1 FEE PER YEAR Surface Water Utility Rates Per Year Service Charge Per Acre Category Current 2010 Proposed 2011 1 Natural $101.80 $111.98 2. 0 -20% Developed Surface $221.30 $243.43 3 21 -50% Developed Surface $405.60 $446.16 4. 51 -70% Developed Surface $605.20 $665.72 5 71 -85% Developed Surface $729.10 $802.01 6. 86 -100% Developed Surface $850.50 $935.55 7. Single- Family Residential Parcels $85.00* $93.00* per parcel SURFACE WATER INTEREST CHARGE 1 RATE On all surface water accounts 30 days in arrears from the date of delinquency until 8% per annum computed on a monthly basis paid TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE FEES FOR RESIDENTIAL USE 1 UNIT ALL TYPES OF RESIDENTIAL 1 Between 1 and 3 300.00 Between 4 and 5 600.00 Between 6 and 10 1,200.00 Between 11 and 15 2,000.00 Between 16 and 20 3,500.00 Between 21 and 25 5,000.00 Between 26 and 30 6,500.00 Between 31 and 40 8,000.00 Between 41 and 60 $10,000 00 Greater than 60 $12,000.00 W Word Processing\ Resolutions \2010 PW Fee Schedule c L:nrrl, Page 3 of 4 57 1 All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200 -299, including single family, multi- family, mobile home parks, and shared housing FEES FOR NON RESIDENTIAL USE INSTITU- ALL GROSS FLOOR AREA INDUS- TIONAL OTHER TRIAL OFFICES RETAIL 4 EATERY s PORT 6 USES Less than 5,000 $1,000 $1,800 $2,700 $5,400 $500 $1,500 Between 5,001 and 10,000 I $1,500 $2,700 $4,050 $8,100 $1,000 $2,000 Between 10,001 and 20,000 $2,000 $3,600 $5,400 $10,800 $1,500 $2,500 Between 20,001 and 30,000 $3,000 $5,400 $8,100 $10,800 $2,000 $2,500 Between 30,001 and 40,000 $4,000 $7,200 $10,800 $10,800 $2,500 $2,500 Between 40,001 and 50,000 $5,000 $9,000 $13,500 $10,800 $3,000 $2,500 Between 50,001 and 70,000 $6,000 $10,800 $16,200 $10,800 $4,000 $2,500 Between 70,001 and 90,000 $7,000 $12,600 $18,900 $10,800 $5,000 $2,500 Between 90,001 and 150,000 $8,000 $14,400 $21,600 $10,800 $6,000 $2,500 Between 150,001 and 200,000 $9,000 $16,200 $24,300 $10,800 $7,000 $2,500 Greater than 200,000 $10,000 $18,000 $24,300 $10,800 $8,000 $2,500 2 All industrial /agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100 -199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks 4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400- 499, 800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters 5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831 -836, excluding accessory (stand alone) drive- through espresso stands (or similar) under 250 sq. ft. which are assessed $300 6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit Section 2. Resolution No. 1699, dated November 16, 2009, is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED Dennis Robertson, Council President Christy O'Flaherty, 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: W Word Processing Resolutions\ 2010 PW Fee Schedule GL:mrh Page 4 of 4 58 o Lt City of Tukw 40 Utilities Committee 2906 UTILITIES COMMITTEE Meeting Minutes October 26, 2010 5.00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Gail Labanara, Mike Cusick, Ryan Larson, Mary Miotke, Shawn Hunstock, and Peggy McCarthy CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Cascade Water Alliance Update As an information only item, staff informed the Committee of the 2011 budget update from the Cascade Water Alliance. Monthly commodity charges will increase from 6% to 12 This fluctuation was due to Bellevue being double- charged for water that flowed through the Bellevue pipeline into Issaquah and Sammamish Plateau. This adjustment for Bellevue then caused the entire rate model for the 8 cities to be recalculated and a one -time adjustment to all members for 2011 INFORMATION ONLY. B. Water and Sewer Ordinances Staff is seeking Council approval of two ordinances updating the water and sewer chapter of the Tukwila Municipal Code (TMC) The chapter has not been completely updated in some time and staff wanted the fees to be included in the Public Works Fee Schedule Resolution (see below). Committee reviewed all of the underlined changes with discussion. Regulation changes included updated backflow assembly requirements (14.06 03) and unlawful discharge of prohibited foreign substances into the public sewer (14 12.250) There are three new fees for unauthorized water usage, special meter reads, and an administrative fee for changing the name /address on a utility bill. Interest will now be charged on delinquent utility accounts rather than a flat fee. Staff originally proposed changing Section 14.17 regarding sewer connection charges, but after review by the City Attorney, those sections will not be changed and will not be forwarded to the COW. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 8 COW FOR DISCUSSION. C. Water. Sewer. and Surface Water Rate Increases for 2011 Staff is seeking Council approval of a resolution adopting a new Public Works Fee Schedule which will reflect increased water, sewer, and surface water rates for 2011. Committee Member Ekberg suggested that the Resolution also include the old fees. Water. In order to maintain current levels of service and lessen the impact of future increases to purchased water, staff is recommending an increase to the minimum water meter charge from $8 00 to $10.00 for residential customers and for commercial /industrial, from $20.00 $360 00 to $30 00 $480 00 (see draft resolution for specific service charges). Water revenue remains flat due to the economic downturn and summer consumption was down due to the weather Increasing the base rate would be the most logical cost increase implementation since consumption levels are not changing. Additionally, Cascade Water Alliance rates are projected to increase 5.8% in 2011 and 15.6% in 2012 Water service charges and fire protection services also have proposed increases. 59 Utilities Committee Minutes October 26. 2070 Page 2 Sewer. King County will be increasing their monthly sewer rate 13.17 from $31.90 to $36.10 per month and will be increasing the sewer capacity charge for new sewer connections. Staff is proposing a 20% increase for City sewer fees with residential customers increasing from $13 39 to $16.06 and commercial /industrial increasing from $23.43 to $28.12. The Sewer Enterprise Fund still remains low with the impact of the interfund utility tax and the working capital reserve fund. However, with the rate comparison with adjoining cities, Tukwila remains in the middle of the range. SurfaceWater. Staff is proposing a 10% increase to surface water fees in 2011. Surface Water fees would increase from $85.00 to $93.00 per year for residential parcels. Commercial /industrial properties would increase from $101 80 $850.50 to $111.98 to $935 55. Even with the increase, Tukwila surface water rates remain low compared with other cities. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 8 COW FOR DISCUSSION. D. City Council Preliminary 2011 -12 Budget Review The Committee reviewed the 2011 -12 Biennial Budget pages as listed below in preparation of full Council discussion and review of the budget. 1 'SECTION Budget 'CIP Pages 1 IT 1 GF -143 to GF -147 1 Debt Service 1 OF -11 to OF -17 Attachment D Water CIP XVI -XXII Water 1 OF -23 to OF -26 CIP 91 -119 1 Attachment E Sewer CIP XVIII -XIX 1 Sewer OF -27 to OF -30 CIP 121 -144 1 Water /Sewer Rev. Bond Fund OF -31 1 Attachment F SWM 1 CIP XX -XXI 1 1 Surface Water I OF -36 to OF -39 CIP 145 -173 III. MISCELLANEOUS Meeting adjourned at 7:05 p.m. Next meeting: Tuesday, November 9, 2010 5:00 p.m. Conf. Room No. 1. l Committee Chair Approval R eviewed by PB KAM. 60 COUNCIL AGENDA SYNOPSIS QJ1LA Inztzals ITEM No. Meeting Date 1 Prepared by 1 MjJor review ou net/ ,re view t o 11/08/10 1 SH 1 Cam' 1 1 1/15/10 SH 1 I I 3 .��F� I I I I ITEM INFORMATION I CAS NUMBER: 10-125 1 ORIGINAL AGENDA DATE: NOVEMBER 8, 2010 AGI? ND,\ ITEM Ordinance amending TMC Chapter 5.04 Business Licenses and Regulations, Repealing TMC Chapters 5.16 Card and Pool Rooms and Chapter 5.40 Massage Establishments. C.\'I'1 GURY Discussion Motion Resolution Ordinance I I Bid Award Pub/icHearing [1 Other A4tg Date 11/08/10 Mtg Date Mtg Date Mtg Date 11/15/10 Mtg Date Mtg Date Meg Date 1SP 1 1 Counal Ma Adrn Svcs DCD Finance Fzre 1 Legal 1 1 P&'R l Police I I PI-V SPONSOR'S City Council is being asked to approve an ordinance to update the issuing department, SUMMARY clarify procedures for denial or revocation and repeal of TMC Chapter 5.16 and TMC Chapter 5.40, which are no longer needed. This item is scheduled for Council consideration at the 11/08/10 Committee of the Whole and 11/15/10 Regular Council meeting. RI?V II?W1 ,D BY COW Mtg. 1l CA &P Cmte F &S Cmte 1 Transportation Cmte Utiltttes Cmte Arts Comm. Li Parks Comm. 1 1 Planning Comm. DATE: 11/02/10 RECOMMENDATIONS: SPONSOR /ADMIN. Finance COMMII Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/08/10 11/15/10 MTG. DATE ATTACHMENTS 11/08/10 Informational Memorandum dated 10/26/10 Draft Ordinance Minutes from the Finance and Safety Committee Meeting of 11/2/10 11/15/10 61 62 J AW 1I.A'' g"- City of Tukwila a f: "i Jim Haggerton, Mayor 90= INFORMATIONAL MEMORANDUM TO. Mayor Haggerton Finance and Safety Committee FROM: Jennifer Ferrer -Santa Ines, Senior Fiscal Coordinator DATE: October 26, 2010 SUBJECT: Denial or Revocation of Business License(s) Resulting from Unpaid /Delinquent Accounts, Repealing Codes no longer Current, Changing Language to reflect Finance assuming Business Licensing from the City Clerk ISSUE The City currently has a number of unpaid and /or delinquent customer accounts (including utility payments, non sufficient fund checks and accounts receivables) whose collectability could increase if there was enforceable action that could be taken in response to non payment. TMC Title 5 Business Licenses and Regulations, Chapter 5.16 "Card and Pool Rooms Chapter 5.40 "Massage Establishments" are no longer needed because no State Code require pool tables to be separate from areas where minors are allowed and RCW 35.21.692 does not allow or impose requirements that are different than other businesses if the massage establishment has a massage practitioner's license issued by the State. The Finance Department has assumed Business Licenses from the City Clerk's Office. Language in the Code needs to be updated to reflect this change. BACKGROUND Current Tukwila Municipal Code, Section 5.04.110 addresses the denial and revocation of business licenses that were 1) procured by fraud or false information in the application, 2) non- compliance of building, structure, equipment, operation or 3) location of the business for which the license was issued, or the license holder has knowingly violated any provisions of any chapter of the Tukwila Municipal Code. Repealing Chapter 5.16 "Card Pool Rooms" Per the City Attorney, this language is old and probably written when it was common for pool tables to only be in bars etc. Currently there is not any State Code requiring pool tables to be separate from areas where minors are allowed. Repealing Chapter 5.40 "Massage Establishments" Per RCW 35.21.692 we cannot charge a massage business more or impose requirements that are different than other businesses such as therapists (if they have a massage practitioner's license issued by the State). Therefore we require proof of their massage practitioner's license from applicable businesses each year. Effective November 15, 2010, the Finance Department will be assuming all Business License responsibilities from the City Clerk's Office. The current language in the Code refers to the City Clerk and needs to be changed to the Finance Director. 63 INFORMATIONAL MEMO Page 2 DISCUSSION The current ordinance addresses reasons for denial and revocation of a business license as mentioned above; however, it does not address revocation or denial as a penalty for non- payment. If the City added a new section to the existing ordinance addressing licensee default in any payment of any fee, or tax due to the City under the TMC or City Policy, that would constitute grounds for denial or revocation of their business license until said fee or tax was paid. Existing TMC 5.16 "Card and Pool Rooms" was created in 1951, when it was common for pool tables to be located in bars and /or taverns etc. Currently there are not any State Laws that state that pool tables must be separated from areas where minors are allowed. Today this type of establishment is required to get a business license and each pool table is licensed as well. Existing TMC 5.40 "Massage Establishments" since RCW dictates and regulates Massage Establishments, it is no longer necessary for the City to have additional codes. The State code takes priority over City code. Since the Finance Department has become the issuing office of Business Licenses, the code language needs to be updated to reflect this change. Currently the code refers to the City Clerk. When the Finance Department absorbs these responsibilities, the code will need to refer to the Finance Director. RECOMMENDATION The Council is being asked to approve the attached Ordinance, approve the repeal of TMC 5.16, TMC 5.40 and approve the language updates for the issuing department. The Council is being asked to consider this issue at the November 2, 2010 Finance Safety Committee meeting, November 8, 2010 Committee of the Whole Meeting and the November 15, 2010 Regular Meeting. ATTACHMENTS Draft Ordinance 64 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 5.04 'BUSINESS LICENSES AND REGULATIONS" TO UPDATE THE ISSUING DEPARTMENT AND TO CLARIFY PROCEDURES FOR DENIAL OR REVOCATION; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 5.04, BUSINESS LICENSE AND REGULATIONS, 5.16, "CARD AND POOL ROOMS," AND 5.40, "MASSAGE ESTABLISHMENTS PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the current Business Licenses and Regulations section of the Tukwila Municipal Code were last updated in 1996, by Ordinance No. 1788 and operational changes require an update to the regulations; and WHEREAS, Tukwila Municipal Code Chapter 516 is no longer applicable because State Statute no longer has provisions regarding pool /billiard tables to be segregated from minors, and WHEREAS, per RCW 35.21.692, State licensed massage practitioners may not be subject to additional licensing requirements; therefore Tukwila Municipal Code Chapter 5 40 is no longer valid, and WHEREAS, the Finance Department has become the issuing office for Business Licenses within the City and housekeeping amendments are required to reflect this change in City operations, and WHEREAS, the City Council has considered the provisions of Tukwila Municipal Code Chapter 5 04 and desires to clarify the procedures for denial or revocation of business licenses; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 5.04 is amended to read as follows: TMC Section 5.04.010 "Definitions." For the purpose of this chapter, the following definitions shall apply- 1. 'Business," means any operation performed by any person which involves the manufacturing or processing of materials of any type, the sale of goods, wares or merchandise, the rendition of services or the repair of goods, wares or merchandise to the general public or a portion thereof for any consideration at each established place of business, store, office, shop or yard within the City limits. 2. "Department," means Finance Department. 3. "Director." means the Finance Director or his or her designee. 4. "License or licensee," as used generally in this chapter, means and includes respectively the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance. WW Word Processing Ordinances Business Licenses General.doc CWanh Page 1 of 5 65 5. "Nonprofit organization" includes individual oerson(s), Partnerships, joint ventures, societies, associations, churches, clubs. trustees, trusts or corporations; or any officers, agents, employees, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or any other person under either personal appointment or pursuant to law who qualifies under definition of and certification by the Internal Revenue Service as nonprofit. 6. "Person," means any individual, receiver, agent, trustee in bankruptcy, trust, estate, firm, co- partnership, joint venture, company, joint stock company, business trust, corporation, society, or group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise. 7 "Person engaged in business" means the owner or one primarily beneficially interested in lawful business for profit and not employees. 8 "Home occupation" means any business conducted in a residence within the corporate city limits of Tukwila, such business being subject to the requirements set forth in TMC 18.06.430. TMC Section 5.04.012 "Purpose." The purpose of this chapter is to regulate and insure the legal conduct of businesses, assist in the effective administration of health, fire, building, zoning and other codes of the City, to impose fees for revenue purposes, and to provide a means for obtaining public information and compiling statistical information on existing and new businesses in the City. TMC Section 5.04.015 "Business License Required." No person or persons shall conduct, maintain, operate, or engage in any business within the City without first applying for and obtaining a business license and paving the fee(s) as prescribed herein unless the business is exempt. The exemption is only from the need to obtain a business license and shall not be construed as relief from compliance with other requirements of the Tukwila Municipal Code. TMC Section 5.04.020 "Application and fees required." A. Any person desiring to establish or conduct any business enterprise or undertaking within the corporate limits of the City shall first apply to the City Clcrk Finance Department for a license to conduct such business. The application shall be upon a form furnished by the Finance Department on which the applicant shall state the company name and address; the nature of the business activity or activities in which he desires to engage; the place where the business will be conducted, the number of employees, whether full or part -time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date; and other information pertaining to the business as required by the City B. The application must be accompanied by a check, cash or money order for the amount of the license fee. All fees will be based on the number of employees, whether full or part -time, as follows: 0 to 10 $100.00 11 to 20 $150.00 21 to 50 $300.00 51 to 100 $400.00 101 and up $600.00 Home Occupation (pursuant to TMC 5 04.010) $50.00 TMC Section 5.04.030 "Renewal." Upon review and approval of the application, the City Clcrk Finance Director will issue a license to the applicant. The license shall grant to the applicant the privilege to conduct such business at a designated location in the City Such license may be renewed by payment of the year's fee prior to January 1. TMC Section 5.04.040 "Prorating fee." The license fee set forth in this chapter shall be for the calendar year, and each person engaged in business must pay the full license W Word Processing Ordinances \Business Licenses General.doc CW:n,rh Page 2 of 5 66 fee either for the current year or portion thereof during which year or portion thereof he engages in business. TMC Section 5.04.050 "Fee for Late Acquisition or Renewal." The license fee shall be increased for failure to acquire a license within 30 days of commencing business operations or for failure to renew said license within 30 days of expiration date in the following amounts: First 30 days, $20 00; each 30 days thereafter, $20 00 TMC Section 5.04.060 "Transferability The license granted in pursuance hereof shall be personal to the licensee and it shall not be assignable or transferable to any other person. TMC Section 5.04.070 "Change in Nature of Business." The license granted in pursuance hereof shall be used to conduct the business or type of business at the designated address for which such license is issued. Any change in the nature of the business shall necessitate a renewed application to the Finance Department. TMC Section 5.04.080 "Required Display." It is unlawful for any person to engage in or carry on any business activity in the City without first procuring a license as provided in this chapter The license shall thereafter be prominently displayed in the place of business of the applicant. TMC Section 5.04.090 "Exemption." Nothing in this chapter shall be construed to require a license for any farmer, gardener, or other person to sell, deliver or peddle any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place within the State. TMC Section 5.04.100 "Failure to Pay Fee." If any person engaged in business fails or refuses to pay the license fee for any year as herein provided, they shall not be granted a license for the current year until such delinquent license fees as set forth in TMC 5.04.050 have been paid, in addition to the current years' required fee. Such fees may be collected by the City by proper legal action brought for that purpose if any person engaged in business fails or refuses to pay the license fee. This remedy is cumulative and not exclusive. TMC Section 5.04.105 "Issuance of Business License." A. A business license will only be issued provided the building, structure, operation or location of the business for which the license is sought complies with the requirements or standards of the Tukwila Municipal Code. B. In any case where an applicant seeks a business license for a business to be located in a building or structure for which a building or land use permit is required to operate the business as proposed, whether as a newly constructed building or structure or a remodeled building or structure. the permit process, including final inspections /issuance of occupancy permits, shall be completed prior to issuance of a business license. C. In any case where an applicant seeks a business license for a business to be located in a building or structure for which no building or land use permit is required to operate the business as proposed, the building department may require the business premises to be inspected for compliance with life and safety codes. If the inspection reveals outstanding code violations. the business license will not be issued until all Life and safety code violations are resolved. TMC Section 5.04.110 "Denial Revocation." A. The Finance Director may deny any business license application pursuant to 5.04.105. B The Finance Director City Clerk may deny or revoke any license under this chapter for up to a period of one ygar where one or more of the following conditions exist: W Word Processing Ordinances \Business Licenses General.doc CW:rn,r1, Page 3 of 5 67 1. The licensee is in default of anv fee, charges or amounts due and payable to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy. 2. The license was procured by fraud or by a false or misleading representation of fact in the application, or in any report or record required to be filed with the City Clerk Finance Department; 3. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code; 4. The license holder, his or her employee, agent, partner, director, officer or manager has knowingly violated any provisions of any chapter of the Tukwila Municipal Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or her business premises. C. Upon determination that grounds for denial, suspension or revocation of a license exist, the City Clerk Finance Director shall send the license holder a Notice of Denial, Suspension or Revocation. Grounds for denial, suspension or revocation include, repetition of a violation of any provision of City policies or the Tukwila Municipal Code that has been accompanied by a warning notice of such violation or previous notice of the violation. The Notice of Denial, Suspension or Revocation shall set forth the grounds for and terms of the denial, suspension or revocation and a statement advising that the person may appeal from the Notice of Denial, Suspension or Revocation to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk Finance Director within 10 days from the date of receipt of the Notice of Denial, Suspension or Revocation, and that failure to so appeal shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter. Upon issuance of such Notice, the license is suspended or revoked and is no longer valid and current, unless appealed as provided in this chapter, in which case the effect of the suspension or the revocation is stayed pending the outcome of the appeal. D Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall be served upon the license holder either personally or by mailing a copy of such Notice by certified mail, postage prepaid, return receipt requested to such license holder to his or her last known address as provided in the license application. Alternatively, the Notice may be posted upon the premises where such license holder conducts his or her business, which is the subject of the denied or revoked license. TMC Section 5.04.112 "Appeal of Notice of Denial, Suspension or Revocation." A. Appeals from a Notice of Denial, Suspension or Revocation under this chapter shall be conducted in the same manner as appeals from a "Notice and Order" under Tukwila Municipal Code Chapter 8.45 B. The appeal shall be filed with the City Clerk's Finance Department's Office along with an appeal fee of $250.00 TMC Section 5.04.114 "Violations." Per TMC Section 8.45.030.C, it is unlawful for anv person or persons to engage in or conduct business within the City of Tukwila without first obtaining appropriate business licensing. A. A businesses' first violation of this chapter shall result in a license suspension for ninety (90) days. B. A businesses' second violation of this chapter shall result in a licence suspension for one hundred eighty (180) days. C. A businemces' third violation of this chapter shall result in the revocation of the licence for one year. W'\ Word Processing \Ordinances \Business Licenses Generatdoc CW:mrh Page 4 of 5 68 TMC Section 5.04.115 "Penalties." Any violation of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to the penalties prescribed in Chapter 8 45 of the Tukwila Municipal Code "Enforcement and shall be imposed pursuant to the procedures and conditions set forth in that chapter TMC Section 5.04.116 "Effect of Denial or Revocation." No person or business may reapply for a business license merely by renaming the business. The denial or revocation of a license applies to any business entity, regardless of its name, that is operating under the same ownership and /or management and engages in substantially the same type of business enterprise as that of a business that has been previously denied a license or has had its license revoked under this chapter within a year of such application for a license. TMC Section 5.04.120 "Regulations Adoption and Publication Failure to Comply The City Clerk Finance Director shall have the power and it shall be her their duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the law, for the purpose of carrying out the provisions hereof, and it is unlawful for any person to violate or fail to comply with any such rule or regulation. Section 2. Repealer for Tukwila Municipal Code 5.04 "Business Licenses Generally." Ordinance Nos. 1788 §1 (part), 1838 §3, 2120 §1, 2179 §2, and 2299 §1, are hereby repealed. Section 3. Repealer for Tukwila Municipal Code 5.16 "Card and Pool Rooms." Ordinance Nos. 204, 416 (part), and 374 (part) are hereby repealed. Section 4. Repealer for Tukwila Municipal Code 5.40 "Massage Establishments." Ordinance No. 1534 §2 (part) is hereby repealed. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST /AUTHENTICATED Christy O'Flaherty, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY. Passed by the City Council. Published. Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number W Word Processing \Ordinances \Business Licenses General.doc GW:mrh Page 5 of 5 69 70 (4 I LA" 4s City of Tukwila q J a L o Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes November 2, 2010 5:00 p.m., Conference Room #3 PRESENT Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy Staff: Dave Haynes, Don Lincoln, Dennis McOmber, Jack Pace, Melissa Hart, Peggy McCarthy, Jennifer Ferrer- Santalnes, Mary Hulvey, Gail Labanara, Steve Lancaster and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2010 Justice Assistance Grant As an information only item, staff notified the Committee of a grant recently awarded to the Police Department from the Bureau of Justice Assistance in the amount of $26,766. This funding will be utilized for outreach and relationship building between the Police Department and refugee populations within the Tukwila community. Collaborative efforts will focus on the Somali population, but will not exclude interactions with other refugee groups. INFORMATION ONLY. B. Secure Our Schools Grant Staff is seeking Council approval to accept grant funding in the amount of $76,437 from the U.S. Department of Justice's Community Oriented Policing Services Secure Our School (SOS) grant program. In a cooperative effort between the Tukwila School District and the Police Department, this funding will be used to enhance school safety equipment, safety efforts and to assist in preventing school violence. The grant funds will be used in the efforts described for implementation at Showalter Middle School. Funds will also be used for lockdown access control. The School District will provide a 50% match of grant funds to implement the SOS program in Showalter Middle School. There is no matching fund requirement on behalf of the City. The Police Department will meet reporting requirements and will oversee fiscal management related to the U.S. Department of Justice. The School District will invoice the Police Department as appropriate for reimbursement of expenses relative to and not to exceed the awarded grant funding. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 8 COW FOR DISCUSSION. C. Ordinance: Chances to Business License TMC Chanter 5 Staff is seeking Council approval of a draft ordinance which will repeal Sections 5.16 and 5.40 of the Tukwila Municipal Code (TMC) regarding business licenses for Card and Pool Rooms and Massage Establishments. Minor housekeeping items address modification for change or elimination as appropriate. Additionally, Section 5.04.105 has been added to address the issuance of business licenses and Section 5.04.110 allows for revocation or denial of a business license based on non payment of City- related fees. As of mid November, the business license issuance function will transition from the City Clerk's Office to the Finance Department. Changes to the draft ordinance modify the previous designation of processes from the City Clerk's Office to the Finance Deaprtment. 71 Finance Safety Committee Minutes November 2. 2010 Page 2 The suggested elimination of reference to Card and Pool Rooms and Massage Establishments is a result of recognition of antiquated language in the TMC which is no longer supported by State code and /or is limited by the Revised Code of Washington. New additions to the ordinance allow for enforceable action to deny or revoke a business license upon, or as a result of, non payment of fees or taxes due to the City under the TMC or City Policy. A second addition, implements in writing an existing internal process for departmental review of business license applications. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 8 COW FOR DISCUSSION. D. City Council Preliminary 2011 -12 Budget Review The Committee reviewed the 2011 -12 Biennial Budget pages as listed below in preparation of full Council discussion and review of the budget. Peggy McCarthy distributed replacement copies for the following budget sections: Contingency Fund (yellow sheet). Note that this page was not included in the original budget document. Insert behind Special Revenue 100's tab, as OF -10. Transfer -Out Detail for above section. Note sheet is white. Fire Improvement Fund (yellow sheet). Note that this page was not included in the original budget document. Insert behind General Capital 300's tab, as last page. Replacement/new sheets will be given to the remaining four Councilmembers not in the Committee meeting. Due to page numbering changes, it is recommend you do not dispose of the original white sheets, please maintain them for future reference. SECTION Budget Pages. CIP Pages Finance GF -37 to GF -41 Insurance Fund OF -43 Contingency Fund Page TBD Contributions/Fund Balance GF -173 Police GF -91 to GF -117 Fire Improvement Fund OF -26 (yellow sheet) Attachment A CIP VII -IX Attachment B CIP XI Attachment C CIP XII -XV III. MISCELLANEOUS Meeting adjourned at 6:12 p.m. Next meeting: Tuesday, November 16, 2010 5:00 p.m. Conf. Room #3 4 1' Committee Chair Approval Minutes by KAM. 72 COUNCIL AGENDA SYNOPSIS *1ILQ yl, r--2, ,9 J Inmals ITEM No. T 1. .I Meeting Date 1 Prepared by 1 M ayo zezv Council review 1 y I 11/08/10 i rs 1 /1J i 1/' 3 c--A_ `190% JTEMI=INFORMATION= `_t CAS NUMBER: 10-126 I ORIGINAL AGENDA DATE: 11/08/10 AGENDA ITEM TITLE Budget Follow -Up from October 19, 2010 Budget Work Session: Special Community Events CATEGORY Discussion Motion Resolution Ordinance n Bid Award n Public Hearing I I Other Mtg Date 11 -08 -10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR L Council Mayor Adm Svcs DCD Fznance Fire Lf Legal P&R 1 1 Police 1 PW SPONSOR'S During its October 19, 2010 budget workshop, Council asked Administration to provide SUMMARY additional information on the costs and benefits of Tukwila Days, Family Fourth at the Fort, and Backyard Wildlife Festival; and to discuss options for such special community events. REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte L Arts Comm. Parks Comm. Planning Comm DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Review proposal and options and provide feedback. COMMI 1' EE COST INIPACT' FUND _SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: CT MTGMTG. ��t,_�.��.:_� :��RECCRD�OF_=COUNCIL A N- 11/08/10 ATTACHMENTS' 11/08/10 Informational Memo dated November 4, 2010, with attached exhibit. 73 74 r$ City of Tukwila Jim Haggerton, Mayor .1908 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Committee of the Whole FROM: Rick Still DATE: November 4, 2010 SUBJECT: Budget Follow -Up Community Special Events ISSUE Should the City eliminate one or more Special Events, or combine events? BACKGROUND The total amount budgeted in 2010 for Special Events (Tukwila Days, Backyard Wildlife Festival, and Family Fourth at the Fort) was slightly over $100,000. Actual expenditures for these events in 2010 were just under $80,000, offset by approximately $31,000 in revenue (net cost to general fund approximately $47,000 see Exhibit 1, Community Special Events Comparison) The City Administration's proposal to reduce annual program and service costs by $4.16 million included a reduction of $25,000 per year in expenditures for these Special Events Like all of the Recreation programs and services reductions, a thorough cost analysis and cost per resident was used as the basis for recommended reductions for community special events During its October 19, 2010 budget workshop, the City Council asked Administration to provide additional information on the costs and benefits of these events, and alternative courses of action. DISCUSSION The Community Special Events that have a special theme have proved to draw more of our residents to the special events. Therefore, this proposal includes themed special events. Backyard Wildlife Festival, Tukwila's Family 4 at Fort Dent and one to three Tukwila Days "Mini" or "themed" events in the neighborhoods to replace the current one -day event 7 5 INFORMATIONAL MEMO Page 2 We call these mini events because they have shorter hours and cost less Our latest themed event, Halloween Fright Night, had over 450 paid participants (children) with approximately one parent attending with them. This would equal over 900 people at this themed event. If we were to run three mini events during the summer for approximately $7,500 and had 500 to 900 people at each event, we would reduce our Community Special Event expenses and would have three times more people attend This would improve our cost per participant significantly compared to the current for Tukwila Days format. Description of Proposal Below please find a list of Themed Community Special Events, proposed budget and brief event description. Backyard Wildlife Festival Proposed Budget: $15,000 (Funding through LTAC) Staff recommends continuing this unique environmental education festival in May 2011 utilizing funds approved by the Tukwila Lodging Tax Advisory Committee for a community event ($15,000) General fund support of this event will be limited to Parks Recreation Department staff support. This event includes an additional fund raising opportunity for the Sister Cities committee and the addition of the Plein Air Paint Out and art show Tukwila's Family 4 at Fort Dent Proposed Budget: $35,000 Staff recommends reducing the hours for this event, beginning the event at 6 OOpm rather than 2.00pm. By reducing the event hours and making adjustments to the activities and entertainment we could realize a general fund savings of approximately $16,000. This is a 32% reduction of 2010 "actual" event budget. Additionally, the City should find further variable costs savings from reduced Recreation, Police Fire staffing needed for the proposed shortened event. This themed event has been very popular with our residents who are proud of being in the United States of America and want to celebrate this annual recognition with their families and neighbors. Tukwila Days Mini Event 1: Tukwila Kids' Festival (June 2011) Proposed Budget $2,500 The Tukwila Kids' Festival would be a day of exhibits, stage entertainment, carnival games, interactive booths, meet and -greet characters, and more. Tukwila Kids' Festival will provide an educational experience for the family which combines entertainment, exhibits, arts crafts, kid's art show, chalk art competition and a community resource fair. We propose hosting this event in June as an end of the school year celebration and kick -off to summer. Tukwila Days Mini Event 2: Celebrate Tukwila's History Culture (August 2011) Proposed Budget $2,500 Staff recommends working collaboratively with the Tukwila Historical Society to develop and produce a new event to celebrate Tukwila's heritage and culture This event could be held at a neighborhood location such as the newly established "Tukwila Heritage Cultural Center" and feature a focused selection of events, performances and activities related to Tukwila history, heritage, culture and art. The car show could easily be enjoyed at this event and tie in with the history of our treasured automobiles. Tukwila Days Mini Event 3: Tukwila Touch a Truck Safety Fair (Sept/Oct 2011) Proposed Budget $2,500 This fun event will put kids in the driver's seat of Tukwila's biggest heavy -duty rigs. Children of all ages (and adults too) will have a hands -on chance to sit in the driver's seat, honk the horns and kick the tires of a variety of big rigs. This event would have vendor and public service 76 W. ISIeve1BUDGETInraMemo SpecialEvents 11 82010 rev sl.doc INFORMATIONAL MEMO Page 3 booths to serve as a resource fair for general safety, emergency preparedness and human services Staff recommends holding this event in the parking lot at Foster High School/Tukwila Pool, near Fire Station #54. Impacts of Proposal (including proposed mitigation) There are several mitigation efforts that could help reduce the overall cost of the all of these events. A parking fee (resident and nonresident) could be established for parking at Tukwila's Family4 at Fort Dent. A fee could be charged for a wrist band for all of the kids' events, jumpers and rides. Increased sponsorship for various activities at each event would also reduce the cost for all of our events. The more focused or themed the event the more likely sponsorships will be attained. The LTAC board, grant applied and approved for the Backyard Wildlife Festival, allowed the grant for this event this year with a challenged to staff to make it grow to have more residents and more visitors to Tukwila attend the event. Alternatives Considered 1. Continue all three events, but consult with Council regarding potential improvements and cost reductions, similar to the 2010 events. 2. Combine Tukwila Days type of activities with Backyard Wildlife Festival 3. Combine Tukwila Days type of activities with Tukwila's Family 4 at Fort Dent. 4. Create a themed based Community Special Events plan RECOMMENDATION Staff recommends to keep Backyard Wildlife Festival and Tukwila's Family 4 at Fort Dent; and to offer three themed mini events between June and October. ATTACHMENTS Exhibit 1 Community Special Events Comparison W.l0leve%8U0GENnfoMemo SpecialEvenls 118 2010 rev sl.doc 78 Community Special Events Comparison Exhibit 1 Backyard Wildlife Festival Tukwila's Family 4th Tukwila Days Festival Years Provided 10 9 20 Event Hours 9am 5pm (8 hrs) 2pm 11 pm (9 hrs) 8am 3pm (7 hrs) Estimated 750 5,000 500 Attendance;`- 65% Residents 80% Residents 80% Residents Sponsors':, City of Tukwila City of Tukwila City of Tukwila Seattle Southside Starfire Sports Valley Medical Center Puget Sound Energy NC Power Systems BECU National Wildlife Federation Cassan Enterprises Prevail Credit Union re REI Cassan Enterprises King Conservation District r-: Rainier Audubon Society Ed Hume Seeds Featuredi Kids Inflatable Activity Area Kids Inflatable Activity Area Kids Inflatable Activity Area Activities Hands On Arts Crafts Tukwila Tot Spot Activity Area Tukwila Tot Spot Activity Area Vendor Marketplace Vendor Marketplace Vendor Marketplace Live Music Live Music DJ Music Roving Entertainers Roving Entertainers Roving Entertainers Sister Cities Fundraiser Fireworks Show Sister Cities Fundraiser Recycled Art Show Art Show Garden Tour Chalk Art Competition Educational Exhibitors Vintage Car Show Educational Speakers Demonstration Stage Guided Bird Tour Sport for Hunger Kids Passport Activity h Backyard Wildlife Festival Tukwila's Family 4th Tukwila Days Festival Vii;; $18,596 $16,522 $59,918 $51,104 $24,759 $10,823 Expenditures Budgeted 2010 Actual Budgeted 2010 Actual Budgeted 2010 Actual !Extra Labor $1,286 $1,1040 $2,4031 $1,611 $2,0141 $7811 !Supplies ,;1 $3,207 $8,4501 $9,903 $6,1501 $2,0071 'Professional Services!,;' $4,850 $4,074 $40,3751 $36,019 $12,6751 $5,705 Advertising' $6,000 $5,877 $3,7001 $0 $01 $0 Rental Equipment r "'1 $1,060 $1,078 $4,340 $3,396 $1,9201 $2,166 'Printing 1 $750 $1,133 $575 $101 $2,0001 $164 !Other i''I $50 $50 1 $751 $751 $01 $0 Totals C,! $18,596 $16,522 $59,918 $51,104` $24,759 $10,823 Revenue $15,868:.,:, $9,114 $6,772 Vendor Fees `=;,1 1 $390 1 1 $3,050 $1,740 Concession Sales 1 $215 1 1 $964 1 $432 Sponsorship 1 $5,1001-' 1 $4,600 SSVS `1 1 $14,763 1 1 H 1 1 I Net Cost $655: Net Cost $41,990 Net Cost $4,051 P &R Staff (Planning Event Day) $17,252 costs 1 $19,683 1 $21,015 Other Department Staff $0 $7,430 1 $7,280 Resident Attendance 488 1 Residents 4,000 1 1 1 400 Cost per Resident Attendance .$36.73 I ;costs Residents I $17.28 1 I. $80.87 7 9 80 COUNCIL AGENDA SYNOPSIS ITEMI�O. J� ss" J' Initials 4 am �y Meetitz Date Prepared by M� o zezv Gounci! reuzezr ar I 11 /08/10 I NO I 1(4.,U J 2 -44290= ITEM INFORMATION 1 CAS NUMBER: 10-127 I ORIGINAL AGENDA DATE: NOVEMBER 8, 2010 AG ENDA ITEM TITLE Budget Follow -Up from October 19, 2010 Budget Work Session: Fire Department Budget Reductions C. 11 ;CORY Discussion Motion 1 Resolution Ordinance 1 1 Bid Award 1 1 Public Hearing Other Mtg Date 11/8/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Si. )NSOR Council n Ma L1 Adm Svcs 1 I DCD Il Finance Fire Legal P&'R Police PIV SPONSOR'S During its October 19, 2010 budget workshop, Council asked Administration to provide SUMMARY additional information on the proposed Fire Department Program and Service Reductions. Since that workshop, the Administration's budget proposal has been modified in response to a tentative agreement reached with Tukwila Firefighters Local No. 2088 which reduces cost of compensation for 2011. Fire Department will present information on overtime and special teams expenses per Council request. RI.\'I1 '1WJ?D BY COW Mtg CA &P Cmte 1J F &S Cmte n Transportation Cmte Utihties Cmte Arts Comm. n Parks Comm. 1 Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Review Fire Department presentation and provide feedback. COMMITTEE COST IMPACT FUND SOURCE EXP1?NDITURI: REQUIREID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Coininents. 1 MTG. DATE RECORD OF COUNCIL ACTION 11/08/10 MTG. DATE ATTACHMENTS 11/08/10 Informational Memorandum dated 11/4/10, with attachment 61 82 *'4_ s 1 O Jim Haggerton, Mayor r F ire De ar•fr��ent t Nicholas J. Olivas, Fire Chief To: Tukwila City C cil Members From: Chief Oliva` ou Subject: Overtime Budget /Special Teams Date: November 4, 2010 It is my understanding that there are a few remaining questions regarding the fire department budget including the need for the large amount of overtime in the suppression category and the amount of overtime applied to special team activities for the year 2010. There are $506,552 dollars in the budget for overtime, broken down in the following categories: Suppression $461,858 Fire Prevention $35, 285 Training $9, 409 Attached, you will find a breakdown of overtime use as of 10/31/2010. The attachment shows you the overtime code we use, a brief description of what the code covers, the total spent to date and the percentage of the overtime budget represented. This is a document I had created internally several years ago in order to have a better idea of where overtime was being spent in an effort to reduce the use of overtime. All overtime that is not related to fire prevention or training activities (for the training staff) is charged against suppression overtime. Over the last two years I reduced the minimum staffing and reduced approval for overtime for attending outside classes unless they were mandatory or deemed necessary for our mission. I also reduced the frequency of internal meetings to once a quarter, in most cases, again, to reduce overtime expenses. The Haz Mat budget, minus the $20,000 for the annual recycling event (paid for by grant money) was 49,517; the Rescue Team Budget was $15,000. As of the most recent city Expenditure Status Report dated 01/01/2010 through 8/31/2010 the Haz -Mat Team has spent $22,124.21 and the Rescue Team has spent $3,692.09. The highlighted categories on the attachment show that $2, 548.92 has been spent on haz -mat related overtime and $9,944.30 has been spent on rescue team related overtime, the majority of that related to boat training. 1 believe these figures demonstrate that we have been mindful of the budget situation and have made every effort to be good stewards of the department's funds. It will be a pleasure to answer any questions you have regarding this information. Headquarters Station: 444 Andover Park East 0 Tukwila, Washington 98188 0 Phone: 206 -575 -4404 Fax: 206 -575- 9 84 Tukwila Fire Department Overtime by Category 2010 OT Code OT Description AR Aid Run Picking up aid supplies used in patient treatment /transport to the hospital Total for Category $2,166.86 of Grand Total 0.64% BF -EL Backlit( for Education Leave Classes deemed necessary or mandatory Total for Category $978.88 of Grand Total 0.29% BF -ML Backfill for those called out on Military Leave Total for Category $712.32 of Grand Total 0.21% BF -USAR Backfill for WA -TF1 Urban Search Rescue Drills Total for Category $176.96 of Grand Total 0.05% CA OT to assist other City departments and at City Events, e g., pond sampling, NIMS instruction, FA /CPR classes, 4th of July, blood pressure events, Tukwila Days Total for Category $4,267.94 of Grand Total 01.27 CB OT for response to All Call /Call Back for multiple alarm fires (includes SORT and HM team calls, fire watches, severe weather) Total for Category $3,524.60 of Grand Total 1.05 DM Dept, Officer, Safety and Equipment Committee Meetings Total for Category $5,994.79 of Grand Total 1.78% EL OT for attendance at a class /training off duty/classed deemed necessary or mandatory Total for Category $8,111.06 of Grand Total 2.41% ER Early Relief/ Dr. Appointments, leave early for class Total for Category $132.72 of Grand Total 0.04% FP -INV Fire Investigation Total for Category $5240.56 of Grand Total 1.56% FP -OT OT for contractor billable Total for Category $758.52 of Grand Total 0.23% FRP Flood Response Planning Total for Category $17,790.94 of Grand Total 5.29% 1 85 86 HM TFD Shift Hazmat Team Meetings /Drills /Work Projects, and Zone and County Meetings /Drills Total for Category $2,548.92 of Grand Total 0.76% HO Hold over (waiting for OT, because of sick leave, traffic issues) Total for Category $937.95 of Grand Total 0.28% INST OT for instructing classes /drills (includes prep work) Total for Category $6,854.68 of Grand Total 2.04% MISC Dept. Errands, PIAs, assessment centers, USAR Fit testing, etc., Hazmat Physicals Total for Category $8,054.62 of Grand Total 2.39% PES Program /Equip Support, e.g.; Emergency Medical Services, Personal Protective Equipment, Explorers, ham radios, NFIRS, pre fires, small equip repairs /maint., pump testing, hose testing, Airpak maint., ladder testing, extinguisher training to businesses, cleaning supplies Total for Category $11,484.31 of Grand Total 3.41% R &R Rock Roll Marathon (OT to be charged to Loding Tax fund not TFD) Total for Category $$6,374.69 of Grand Total 1.89% SD -OD OT for attendance at suppression drills off duty (includes Zone 3 drills) Total for Category $2,598.58 of Grand Total 0.77% SE Special events, i.e., honor guard, funerals, football games, Starfire events, Pub Ed /PR, etc. Total for Category $484.52 of Grand Total 0.14% SE -C Call related shift extension Total for Category $2,428.72 of Grand Total 0.72% SE -R Shift Extension to complete reports Total for Category $238.90 of Grand Total 0.07% SORT TFD Shift Rescue Team Meetings /Drills /Work/Projects and Zone and County Meetings /Drills Total for Category $9,944.30 of Grand Total 2.96% STA OT to maintain minimum staffing caused by sick leave, long term leaves due to inj /ill /disability, special staffing assignments, Jury Duty, Bereavement, etc. Total for Category $234,642.01 of Grand Total 69.74% Total as of 10/31/10 $336,448.32 Wednesday, November 03, 2010 2 87 88 COUNCIL AGENDA SYNOPSIS tL i Initials ITEM NO. �a Meeting Date 1 Prepared by 1 Mayo vzety 1 /Cum -d review 4i -:?-7'';'.;1 ,;:i` -7 El 11/08/10 1 8L 1 ("V ILA A.R 2908 1 I 1 ITEM INFORMATION CAS NUMBER: 10-128 1 ORIGINAL AGENDA DATE: NOVEMBER 8, 2010 AG NUM ITEM TITLE Memorandum of Understanding by and between the City of Tukwila and Tukwila Firefighters Local No. 2088. C.\ II ;G c )RY Discussion n Motion Resolution n Ordinance Bid Award n Public Hearing n Other Mtg Date 11/08/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR 1 1 Council Mayor Adm Svcs DCD Finance Fire n Legal LJ P &R Police PW SI'ON sole S City Administration and Tukwila Firefighters Local No. 2088 have reached agreement on a Su ,MNI,\RY wage freeze for 2011. This will result in Administration recommending that the three firefighter positions proposed for elimination by the 2011 -2012 Preliminary Budget be restored. Administration has also agreed to continue discussions with the Union regarding the costs and benefits of a LEOFF 1 buyout, and notify the Union of the outcome of its analysis by November 30, 2010. RI;v] WED BY COW Mtg. 1 1 CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. U Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Receive briefing regarding Memorandum of Understanding COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source. Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/08/10 MTG. DATE ATTACHMENTS 11/08/10 Memorandum of Understanding By and Between City of Tukwila and Tukwila Firefighters 89 90 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CITY OF TUKWILA AND TUKWILA FIREFIGHTERS LOCAL NO 2088 WHEREAS, the parties to this memorandum of understanding have a current labor contracts that expires on December 31, 2011; and WHEREAS, the local economic and political environment in which the City and Union met to negotiate the current labor agreement has significantly changed since the negotiations for the 2009 -11 labor agreement between the parties were concluded; and WHEREAS, the annual rate of inflation has dropped to less than 0.0% for two consecutive years compared to the 5.0% 6.0% rate at the time the parties negotiated the current contract; and WHEREAS, the City Council must make dramatic reductions to the General Fund Operating budget due to the unanticipated downturn in the City's revenues; and WHEREAS, the City is asking the Union for concessions in the cost of employee compensation due to budget shortfalls associated with the City budget; and WHEREAS, the City employees who are members of the IAFF Local No. 2088 recognize the impact of these difficulties, and desire to assist the city in preserving essential services by eliminating layoffs that otherwise would have been necessary in the 2011 -2012 budget; NOW, THEREFORE, THE CITY ADMINISTRATION AGREES TO THE FOLLOWING ACTIONS: 1. That the Union agree to amend the teinis of the labor agreement currently in effect to provide for a Wage Freeze for 2011; and 2. That the City Council will restore to the final budget the three (3) firefighter positions identified for layoff in the preliminary City budget 3. That the City agrees to continue discussions with the Union regarding the potential for a LEOFF 1 buyout based upon the outcome of an actuarial cost/benefit analysis and notify the Union in writing of the outcome of the analysis by November 30, 2010; Tukwilaiaffmoucontractconcessionl 1 10 91 4. That if the Union and City Council are not able to agree to the above terms, the City will comply with the teens of the labor agreement currently in effect and the City Council will proceed with adoption of the 2011 -2012 budget. City of Tukwila Tukwila IAFF Local No. 2088 B by: Date: Date: Approved as to Form: City Attorney Human Resources Director By: by: Date: Date: Tukwilaiaffmoucontractconcession 11 -2 -10 92 i I Special I M Blank COUNCIL AGENDA SYNOPSIS Initials ITEMNO. 1Vleetzn Date Prepared G Mao vzezv Council review (Special Meeting) I x I p by I v I I 11/08/10 I I 1 SL �J 1 1 1 1 ALR CUy 90 ITEM INFORMATION 1 CAS NUMBER: I ORIGINAL AGENDA DATE: NOVEMBER 8, 2010 AGENDA ITJ:M TITLE A motion to direct that the final 2011 -2012 budget, brought to the City Council for action, restore the three firefighter positions identified for elimination in the City's preliminary budget. C.\'I'1?GORI' Discussion Motion ['Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 11 08 10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date I SP( )NSOR n Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S City Administration and Tukwila Firefighters Local No. 2088 have reached agreement on a SUMMARY wage freeze for 2011. This agreement will go into effect only if the City Council restores three firefighter positions to the final budget for 2011 -2012. The proposed motion will indicate the Council's intention to do so. The Council is being asked to consider this item and make a motion at the Special Meeting to follow the C.O.W. on November 8. 2010. RI \'TEWED BY COW Mtg. CA &P Cmte 1 F &S Cmte Transportation Cmte Utilittes Cmte I I Arts Comm. I I Parks Comm. Planning Comm. DATE: 11 -08 -10 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt motion to restore three firefighters to budget. COMMITTEE COST IMPACT FUND SOURCE EYPJ?.NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: I MTG. DATE RECORD OF COUNCIL ACTION 11/08/10 I MTG. DATE ATTACHMENTS 11/08/10 No attachments y5 96 Tentative a Sc.hedu.te ..j zY. :J t M EETIN :vly IE�TI:NG_1 �h..._ 1VIE�TING��2'�'; EG L�. I7_T ";Vii- •'g' Y_'_ November 1 8 15 22 IIuh Public Hearines: Veterans Day EXECUTIVE SESSION EXECUTIVE SESSION Tax levy legislation (City offices closed) 6.30 PM 6:30 PM 2011 -2012 budget /CIP 25m Budget amendment Thanksgiving Day See agenda packet Special Presentation: ordinance (Cit y offices closed) cover sheet for this Financial status Special Issues: t week's agenda report for 3rd quarter Tax levy legislation: 26 Day after (November 8, 2010 g vin Unfinished Business: Thanks 1 Ordinance levying Thanksgiving Committee of the Y g (City offices closed) Whole Meeting) Authorize Mayor the general taxes for to accept grant the City commencing funding for the 1 -1 -11, on an property, Secure Our Schools both real and personal project in the amount of 2. Resolution $76,437.00 declaring a finding of substantial need Water and Sewer relating to the property Code Changes: tax levy commencing 1. Ordinance 1 -1 -11 relating to the 3. Ordinance updating and increasing the regular expanding of the property tax levy 1 regulations from the previous year relating to water commencing 1 -1 -11, rates and backflow on all property, both prevention real and personal assemblies 2. Ordinance Budget: relating to the 2011 -2012 budget updating and ordinance expanding of the 2010 budget regulations amendment relating to sewer ordinance rates and discharge CIP resolution 3 Resolution adopting a new COMMI I I hE OF THE Public Works fee WHOLE MEETING TO schedule. BE FOLLOWED BY A Ordinance SPECIAL MEETING amending TMC Chapter 5 04 Special Meeting regarding business Unfinished Business: licenses and Tax levy legislation (see regulations "Special Issues" above) December 6 13 20 27 24th Special Presentation: Christmas Day Introduction and (observed) swearing in of Bill (City offices closed) Devlin, Police Sergeant COMMITTEE OF THE Unfinished Business: WHOLE MEETING TO Budget: BE FOLLOWED BY A 2011 -2012 budget SPECIAL MEETING ordinance 2010 budget amendment ordinance o CIP resolution 97 4,:t peRrilitlig ,i,, ee:(111g o41 .6: Wel i,- :4:: ins 1..; 'syfi::,,:aciiiow: (cootaii8ago,:w: qolfavv.4h6a 4 noi'noiill' iairn atfiVi'Agi;.): 5 .uir..‘csitiii-ciyo, Community Utilities Public Information Veterans Day IIuman Fall Residential Affairs Cmte, Meeting on Parks Cmte, 5 PM Residential City offices closed Advisory Recycling Collection 5.00 PM (CR #1) Rental Licensing D Event (CR #3) Inspection CANCELLED 9 AM to 3:00 PM Program Tukwila Village site at Tukwila 1:00 PM the corner of S. 144th City Council International Tukwila Community St. 41st Ave. S. Executive Boulevard Center (one block west of Session, Action Cmte, (12424 42nd Ave. S.) Foster High School) 6.30 PM 7 PM Or g (Conin2uniz); Oranizin Meeting teij City Council for New Community A FOR Conunittee of Center) I RENT Garden ‘4\..L07 the Whole Mtg., Hosted by Cascade 7 PM 'WNW Land Conservancy and (Council Call 206-431-3682 St. Thomas Parish Look under Chambers) to reserve a space. 6:00 PM "Headlines" at C.0 W TO BE St. Thomas Parish www.ci.tukwila.wa.us IMMEDIATELY (4415 S. 140th St.) for additional FOLLOWED BY Help plan a new information. A SPECIAL community garden that MEETING will provide healthy Council Coffee Chat local food for 10 AM to 12:00 Tukwila's residents. NOON Visit http://www at Starbucks cascadeland.org/events/ (13038 Interurban Ave.) tukwilagarden for more i1W:7"4 information Planning haraMittalti Commission Stop by and informally RESCHEDULED talk with a Tukwila City TO NOV 18TH Councilmember about anything on your mind regarding Tukwila. .111p 4$01nrireidaia e.tilZ.Mgairataia4 ?;.-TalinthilRd.W.T.M_Ki:;' IlDfliewitaim OttikUifirfithilltitg6 >Transportation Finance Parks Planning Volunteer Work Cmte, Safety Cmte, Commission, Commission, 5 PM 5 PM 5.30 PM 6.30 PM Parties (CR #1) (CR #3) (Community (Council Chambers) 1000 AM 100 PM Center) RESCHEDULED Duwamish Hill FROM NOV 11TH) Preserve City Council For information visit Executive hil::: Advisory www.cascadelandorg. Session, B-eard Tukwila 10:00 AM 2:00 PM 6.30 PM CANCELLED Historical Society, North Wind's Weir City Council 7 PM For information visit Regular Mtg., (Tukwila Heritage www.pugetsound.org. 7 PM Cultural Center at 14475 59th Ave. S.) (Council Chambers) Family Movie Night on the Big Screen Bring your sleeping bag or blanket to set up in the Tukwila Community Center gym. Doors open at 6 PM; movie starts at 6:30 Call 206-768-2822 after November 15 to find out which movie will be shown. City Council Committee of Whole (C.O.W.) Meeting. 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5.00 PM, Conf. Room #3 Agenda items for 11/8/10 meeting (A) Budget: Continued review of Golf Course fund. >Tukwila Intl. Blvd. Action Cmte: 2nd Tues., 7 PM, Tukwila Community Center Contact Chief Dave Haynes at 206-433-1812. Utilities Committee: 2nd 4th Tues., 5 PM, Conf. Room #1 Agenda items for 11/9/10 meeting• (A) Duwamish Gardens—grant 98 acceptance (Washington State SRFB). (B) 2010 3rd Quarter Reports.