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HomeMy WebLinkAboutCOW 2011-03-28 COMPLETE AGENDA PACKET tr4 "A w gs y C Tukwila City Council Agenda y Z n COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez 90' Steve Lancaster, City Administrator Dennis Robertson Verna Seal Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn Monday, March 28, 2011, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL Introduction of Dawn Zuger, Records Specialist. Mike Villa, Assistant Police Chief PRESENTATIONS 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. Code Amendments: ISSUES (1) Five -story type V -A construction. Pg.1 (2) Fire code updates: Pg.13 (a) Fire sprinklers (b) Fire alarms (c) High -rise construction (d) Mid -rise construction (3) Fire Code amendment regarding fire lane violations. Pg.63 b. Leasing of City property for digital billboard. Pg.77 c. North Highline annexation. Pg.89 d. Bid award for 34 golf carts. Pg.117 e. An ordinance to raise the tax rate applied to social card rooms. Pg.139 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or tukclerk @ci.tukwila.wa.us). 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 5th 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 1st and 3rd Mondays of each month at 7:00 p.m. 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 2nd and 4th Mondays at 7:00 p.m. 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 CITIZENS COMMENTS. Please limit your comments to 5 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 on 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 and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS W Initials ITEM No. 14 (ry4ILA Z I Meeting Date Prepared by 1 Mayo review Council review 1 G•• I 03/28/11 I 7P I i O 1 04/04/11 I 7P 190= I I I 1 I t A, CI) I TEM= INFORMATION.- CAS NUMBER: 11-036 I STAFF SPONSOR: BOB BENEDICTO ORIGINAL AGENDA DATE: 3/ 28/11 AGENDA ILEMTITLE An ordinance establishing special provisions for 5 story Type VA construction CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other Mtg Date 3/28/11 Mtg Date Mtg Date Mtg Date 4/4/11 Mtg Date Mtg Date Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S This ordinance is proposed to offer an alternate construction type as a design tool for SUMMARY constructing economically viable mixed use and multi family buildings. It will allow an increase of one story to the allowable story height and 25% increase to the allowable area of a Type VA building classification, without reducing the fire and life safety requirements. Development of this ordinance was coordinated with the Fire Department's expertise as first responders. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/22/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMIT TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT ;FUNDSOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG DATE RECORD.OF.'COUNCIL ACTION;; 1 3/28/11 1 3 ATTACHMENTS 3/28/11 Informational Memorandum dated 2/16/11 Draft ordinance Minutes from the Finance and Safety Committee meeting of 3/22/11 4/4/11 1 2 City of Tukwila 1 Jim Haggerton, Mayor 4. c r i .:yam \.o 29o. INFORMATIONAL MEMOR ANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Jack Pace, Department of Community Development Director DATE: February 16, 2011 SUBJECT: Ordinance to allow the construction of five story buildings classified as type VA Construction (5 over 1) ISSUE Shall the Council approve an ordinance which would allow the construction of five story, Type VA, conventional light frame wood construction? The current limitations for a Type VA building classification is four stories and 70 feet. BACKGROUND The issue of allowing five -story conventional wood frame construction was raised in 2000 at a joint meeting of King County Planning Directors and Building Officials. While this provision was not incorporated into the State Building Code, there was agreement that the code allows for the use of alternative materials and methods of construction when comparability can be demonstrated. The Cities of Seattle, Portland, Tacoma, Everett, Federal Way, SeaTac and Burien have utilized this code provision to adopt local code amendments to allow five -story conventional wood frame buildings of one -hour fire resistive construction Type VA building classification. More recently the State Building Code Council has adopted a permanent rule that allows the current maximum allowable number of stories of Type VA building classification to be increased by one story. This increase is permitted when the interior exit stairways and ramps are pressurized and the building is provided with an automatic fire sprinkler system throughout. The effective date of this rule is July 1, 2011. These cities offer this alternate construction type as a design tool for building economically viable mixed use and multi family buildings, without reducing the fire and life safety requirements. Many factors are involved in the advantages of conventional wood frame construction. The speed of erection, design flexibility, the use of renewable resources, efficient building concepts in terms of energy conservation, safety and reliability under extreme conditions such as earthquakes are a few that can be named. DISCUSSION The building code limits the size and height of buildings based on the classification of construction and the character of the occupancy housed therein. Type VA construction is that type of construction classification in which the structural elements, exterior walls, interior walls and roof are of any materials permitted by the code, provided that these elements are constructed of approved one hour fire resistive assemblies. 3 INFORMATIONAL MEMO Page 2 The model codes, as far back as 1976 limited the height of an apartment building of the referenced Type of construction to three stories and 50 feet in height. The International Building Code now allows this same building type and occupancy to be increased by one additional story and 20 feet to result in a building of four stories and 70 feet in height. This is allowed when an approved NFPA 13, automatic fire sprinkler system is installed. It is clear that the authors of this code change considered an automatic fire sprinkler system as adequate mitigation for allowing an additional 20 feet of building height and one additional story in this type of construction. The proposed ordinance would allow one additional story to the maximum allowed by code, while maintaining 70 feet as the maximum allowable building height in any case. The concept of this ordinance is to afford occupants and first responders an equal or greater level of safety than the occupants of a (code prescribed) four story wood frame building are afforded. This is being accomplished by eliminating the fire resistive reductions that are allowed for fire sprinkler systems, and eliminating any exceptions to fire sprinkler coverage that is allowed by other standards. This increase in the number of stories and the 25% increase to the allowable area limitations will be afforded to buildings of R -1, and R -2 Occupancies (apartments and hotels) only. There would be a fully automatic fire alarm system, two hour fire resistive construction of the exit stair enclosures, pressurized stair and elevator shaft enclosures in addition to a required automatic fire sprinkler system. In all, the mitigating fire safety features of this conventional light frame constructed building will make this building safer for the occupants than any building of this type that is otherwise constructed. RECOMMENDATION The Council is being asked to approve the ordinance to allow the construction of five story buildings of Type VA classification and to consider this item at the March 28, 2011 Committee of the Whole meeting and subsequent April 4, 2011 Regular Meeting. ATTACHMENTS Draft Ordinance 4 DRAF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING SPECIAL PROVISIONS FOR 5 -STORY TYPE V -A CONSTRUCTION, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.05, "5 -STORY TYPE V -A BUILDINGS PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the best interest of the City to provide additional tools to build economically viable mixed -use and multi family buildings; and WHEREAS, the International Building Code provides for the approval of alternate material, methods of design, and methods of construction; and WHEREAS, RCW 19.27.060 allows cities to amend the State Building Code, provided the application of any that apply within their jurisdiction shall not result in a code that is less than the minimum performance standards and objectives contained in the State Building Code; and WHEREAS, the City Council finds that providing this alternate method of construction should provide an incentive for the construction of economically viable mixed -use and residential occupancies, which is the City's growth strategy in commercial zones along the Tukwila International Boulevard Corridor, Tukwila Urban Center and the Tukwila South area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 16.05, "5 -Story Type V -A Buildings," is hereby established to read as follows: CHAPTER 16.05 5 -STORY TYPE V -A BUILDINGS Sections: 16.05.010 Purpose of Chapter 16.05.020 Construction 16.05.030 Occupancy 16.05.040 Stair Enclosures 16.05.050 Fire Detection and Protection 16.05.060 Building Height 16.05.070 Basic Allowable Floor Area 16.05.080 Elevators 16.05.090 Fire Department Access 16.05.100 Attic Roof Ventilation General Design Requirements 16.05.110 Construction Inspections 16.05.120 Maintenance of Fire Protection Systems W: Word Processing N5-1 Building Code BB:mrh 3/18/2011 Page 1 of 5 5 Section 2. TMC Section 16.05.010, "Purpose of Chapter," hereby reads as follows: 16.05.010 Purpose of Chapter The purpose of TMC Chapter 16.05 is to authorize the construction of 5 -story Type V -A buildings as an approved alternate design and construction method under Section 104.11 of the International Building Code. 2009 Edition, and to set forth the criteria and standards which must be met prior to a building permit being issued for a 5 -story Type V -A building. Section 3. TMC Section 16.05.020, "Construction," hereby reads as follows: 16.05.020 Construction A. International Building Code Requirements. Five -story Type V -A buildings shall comply with all requirements of the International Building Code, 2009 Edition, except as specifically required by this chapter. In the event of a conflict between the International Building Code and the provisions of this chapter, the provisions of this chapter shall control. In the event of a conflict between the language in Tukwila Municipal Code Chapter 16.48 and the provisions of this chapter, the provisions of this chapter shall control. References in this chapter to building construction "types" (e.g. Type I, or Type V -A) shall have the same meaning as set forth in the International Building Code. 2009 Edition. B. Lowest Story Construction Requirements. The lowest story in a five -story Type V -A building shall be constructed of, Type V -A fire resistive construction, except that all structural frame and load bearing elements shall be of approved, 2 -hour fire resistive construction. C. Upper Four Stories. The upper four stories of a five -story Type V -A building shall be constructed of at least Type V -A fire resistive construction with no exceptions permitted. D. Use of Type V -A Above Type IA Construction. Where Type V -A stories are constructed over Type IA construction, the Type V -A story shall be separated from the Type I stories with a horizontal assembly having a minimum 3 -hour fire resistance rating as provided in the International Building Code. 2009 Edition. Shafts, stairway, ramp and escalator enclosures through the horizontal assembly shall have not less than 2 -hour fire resistance rating with opening protectives in accordance with the International Building Code. 2009 Edition, Section 715.4. No exceptions permitted. E. Non Load Bearing Walls. Non -load- bearing walls, exterior and interior walls, shall be construction of at least Type V -A fire resistive construction, no exceptions permitted. F. Shafts. Shafts shall be constructed of an approved 2 -hour fire resistive assembly, with duct penetrations protected with fire /smoke dampers rated for 1 -1/2 -hour fire resistance rating. No exceptions permitted. G. Corridors. Except for corridors within a dwelling or sleeping unit, corridors serving an occupant load greater than 10, shall be constructed of 1 -hour fire resistive construction, and shall comply with the International Building Code, 2009 Edition requirements for "Fire Partitions." No exceptions permitted. Section 4. TMC Section 16.05.030, "Occupancy," hereby reads as follows: 16.05.030 Occupancy A. Occupancy of five -story Type V -A buildings shall be Group R -1 or R -2 Occupancies permitted above the first floor. Group S -2, parking garages, B, M, R, or Multiple Group A occu- pancies, each with an occupant load of less than 300, shall be permitted on the first floor only. B. "Occupancy" shall have the same meaning as set forth in the International Building Code. 2009 Edition. W: Word Processing \5 -1 Building Code BB:mrh 3/18/2011 Page 2 of 5 6 Section 5. TMC Section 16.05.040, "Stair Enclosures," hereby reads as follows: 16.05.040 Stair Enclosures Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be 2 -hour fire resistive construction with 1 -1/2 -hour opening protection. Stair enclosures shall be pressurized as described in the International Building Code, Section 909.20.5. Section 6. TMC Section 16.05.050, "Fire Detection and Protection," hereby reads as follows: 16.05.050 Fire Detection and Protection A. Fire Sprinkler System. Five -story Type V -A buildings shall be protected throughout by an automatic fire sprinkler system as defined in Tukwila Municipal Code Chapter 16.42, the International Buildina Code, 2009 Edition, the International Fire Code. 2009 Edition and as defined by National Fire Protection Association Standards (NFPAI 13, as set forth herein. The 2009 Editions of the International Building Code and International Fire Code shall be as presently constituted or as hereafter amended. B. Fire Detection System. A monitored manual and automatic fire detection system shall be installed throughout the building with audible and visual alarm signals. Fire alarm installation shall be in accordance with the International Building Code, 2009 Edition, International Fire Code, NFPA 72 and Tukwila Municipal Code Chapter 16.40. C. Equipment and Controls Location. Fire detection system equipment and controls shall be located in a location approved by the Fire Marshal. The monitoring equipment shall be located in a separate room enclosed with 1 -hour fire -rated barriers or horizontal assemblies constructed in accordance with the International Building Code. 2009 Edition.. D. Class I standpipe hose connections are required. A Class I standpipe shall be located in every stairway; a hose connection shall be provided for each floor level and on intermediate floor level landings between floors unless otherwise approved by the Fire Marshal. E. Standby Generator. A standby power generator set shall be provided on the premises in accordance with the Washington Cities Electrical Code and NFPA 70 as presently constituted or hereafter amended. The standby system shall have the capacity and rating to sufficiently supply all equipment required to be operational at the same time, including but not limited to: 1. Emergency lighting; and 2. Stair enclosure and elevator shaft pressurization; and 3. Elevators. Section 7. TMC Section 16.05.060, "Building Height," hereby reads as follows: 16.05.060 Building Height A. The maximum height of buildings designed and constructed pursuant to this section shall be 70 feet. The building height shall be measured as described in the International Building Code, 2009 Edition as presently constituted or hereafter amended. No additional height increases are permitted. B. Where a five -story Type V -A building is to be constructed over a base structure of Type 1 construction, the overall height of the resulting building shall not exceed 70 feet, as measured from the grade plane. No additional height increases are permitted. W: Word Processing \5 -1 Building Code BB:mrh 3/18/2011 Page 3 of 5 7 Section 8. TMC Section 16.05.070, "Basic Allowable Floor Area," hereby reads as follows: 16.05.070 Basic Allowable Floor Area The basic allowable area of floors of a five -story Type V -A building shall be as stated in Table 503 and Section 506 of the International Buildina Code, 2009 Edition, as presently constituted or as hereafter amended. For the purpose of this chapter only, the total allowable area as calculated subject to Table 503 and Section 506 of the International Building Code. 2009 Edition, may be increased by 25 Section 9. TMC Section 16.05.080, "Elevators," hereby reads as follows: 16.05.080 Elevators A. Elevators shall comply with the requirements of International Building Code, 2009 Edition, Chapter 30, and the following: 1. One elevator shall be provided for Fire Department emergency access to all floors. 2. Such elevator car shall be of a size and arrangement to accommodate a 24 -inch by 84 -inch ambulance stretcher with no less than 5 -inch radius corners in the horizontal, open position and shall be identified by the International Symbol for Emergency Medical Services (Star of Life). The symbol shall not be less than 3 inches and shall be placed inside and on both sides of the hoist way door frame. 3. An enclosed elevator lobby shall be provided at each floor. The lobby enclosure shall separate the elevator shaft enclosure doors from each floor by fire partitions as prescribed in the International Buildina Code, 2009 Edition. Section 709. Fire partitions shall have a fire resistance rating of not less than one hour, no exceptions permitted. 4. Doors protecting openings in the elevator lobby and enclosure walls shall also comply with the International Buildina Code. 2009 Edition, Section 715.4.3 as required for corridors. 5. Penetrations of the elevator lobby enclosure by ductwork and air transfer openings shall be protected as required for corridors. 6. Elevator lobbies shall have at least one means of egress complying with provisions of the International Buildina Code. 2009 Edition. Chapter 10. 7. As an alternative to providing elevator lobbies, the elevator shaft enclosure shall be pressurized in accordance with the International Building Code. 2009 Edition, Section 708.14.2.1 as presently constituted or hereafter amended. Section 10. TMC Section 16.05.090, "Fire Department Access," hereby reads as follows: 16.05.090 Fire Department Access Site design for any five -story Type V -A building shall include access sufficient for fire apparatus in accordance with the International Fire Code, as presently constituted or hereafter amended, and Tukwila Municipal Code Chapter 16.16, and shall be approved by the Fire Marshal. The fire apparatus access shall be described on the site plan that is submitted for a permit application. Section 11. TMC Section 16.05.100, "Attic /Roof Ventilation General Design Require- ments," hereby reads as follows: 16.05.100 Attic /Roof Ventilation General Design Requirements A. Ventilation of attic spaces shall be in accordance with the International Building Code, 2009 Edition. Section 1203 and the following condition: W: Word Processing \5 -1 Building Code BB:mrh 3/18/2011 Page 4 of 5 8 1. The design of attic ventilation method shall not include eave vents or cornice vents that would occur directly above and within 36 inches horizontally of a window, whether fixed glazing or windows with vent openings. B. Construction details shall include details necessary to prevent damage from the cumulative effect of wood shrinkage as it will affect plumbing systems, electrical systems, exterior cladding and moisture control systems of the building envelope and wood structural connectors. C. All fire doors protecting exit enclosures, exit passageways, elevator lobbies or fire doors providing access through other fire rated assemblies shall be installed with magnetic hold -open devices. Doors so equipped shall be automatic closing by the activation of smoke detector or loss of power to smoke detector or hold -open device. Section 13. TMC Section 16.05.110, "Construction Inspections," hereby reads as follows: 16.05.110 Construction Inspections In addition to the construction inspections required pursuant to the International Building Code, 2009 Edition, Section 110, and special inspections required by Chapter 17, structural observation by the engineer of record shall be required for the structural frame and seismic force resisting systems. Conditions for structural observation shall be in accordance with the International Building Code. 2009 Edition, Section 1710. Section 14. TMC Section 16.05.120, "Maintenance of Fire Protection Systems," hereby reads as follows: 16.05.120 Maintenance of Fire Protection Systems The owner(s) of a five -story Type V -A building shall maintain the fire and life- safety systems required by the International Building Code. 2009 Edition, and Tukwila Municipal Code in an operable condition at all times. Unless otherwise required by the Fire Marshal, testers approved by the Fire Department shall conduct yearly testing of such systems. A written record shall be maintained and shall be forwarded to the Fire Marshal and be available to the inspection authority. Section 15. 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 16. 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 2011. 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 \5 -1 Building Code BB:mrh 3/18/2011 Page 5 of 5 9 10 y City of Tuhwz x a o Finance and Safety Committee -:.`90 FINANCE AND SAFETY COMMITTEE Meeting Minutes March 22, 2011— 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Shawn Hunstock, Derek Speck, Bob Benedicto, Don Tomaso and Kimberly Matej CALL TO ORDER: Chair Hougardy called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila Municipal Code Amendments Staff is seeking Council approval of several amendments to the Tukwila Municipal Code (TMC) as outline below. Five -Story Type VA Construction Staff is proposing an amendment to the TMC that would increase the limitation for a Type VA building classification from its current four -story limit to a five -story limit plus a 25% increase of allowable area limitations. The building must be conventional light frame wood construction and would be required o have an automatic fire alarm system, two -hour fire restrictive construction of stair and shaft enclosures, pressurized stair and elevator shaft enclosures and an automatic fire sprinkler system. The proposal makes the new, increased building size safer than current size limitations. This increase to Five -Story Type VA Construction has been adopted by the State Building Code Council as a permanent rule as of July 1, 2011. Additionally, the following cities are adopting this amendment into their local codes: Seattle, Portland, Tacoma, Everett, Federal Way, SeaTac and Burien. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Code Updates Relating to Fire Several of the code amendments outlined below are based on changes to the International Fire Code which is updated every three years, and others are related specifically to need identified within the City. Fire Sprinklers Staff is proposing a revision to the fire sprinkler ordinance which currently requires sprinkler installation in any new construction over 5,000 square feet regardless of use (commercial or residential). The draft ordinance requires fire sprinklers to be installed in all new residential construction and in all commercial construction over 500 square feet. Other changes to the ordinance are general house keeping items that are not substantive changes. Fire Marshal Don Tomaso stated that he would check with Pat Brodin in Public Works to see if Cascade Water connection fees could be adjusted to accommodate for increased meter sizes due to sprinkler installation requirements. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Fire Alarms The majority of changes to this ordinance are minor and grammatical in nature. Staff pointed out that the room size for required audible devices is now indentified as a room of 130 square feet in size or larger. 11 12 COUNCIL AGENDA SvNoPsIs MICA y 1 4-, +Q Initials ITEM NO. a L y jc Meeting Date Prepared by 1 Ma�er� view 1 Council review I k —I 03/28/11 CO I t'� 1 1 I M,, 04/04/11 I CO I 1 290; 1 I 1 I q, 4. (Z) ITEM INFORMATION CAS NUMBER: 11-037 STAFF SPONSOR: DON TOMASO 1 ORIGINAL AGENDA DATE: 3/28/11 AG I:N1).\ I'r TITLE Adoption of the revised Fire Sprinkler, Fire Alarm, High -rise and Mid -rise Ordinances C. GORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 3/28/11 Mtg Date Mtg Date Mtg Date 4/4/11 Mtg Date Mtg Date Mtg Date 'SPONSOR U Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S To provide updates and clarification as to how we implement the fire sprinkler and fire SUMMARY alarm codes as amended by the City. In addition, we have worked with the Department of Community Development to revise the High -rise Ordinance and create a Mid -rise Ordinance and to allow the 5 over 1 type VA construction. RI:\'IIAVED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/22/11 COMMII`I'EE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Fire Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 3/28/11 MTG. DATE ATTACHMENTS 3/28/11 Informational Memorandum dated 2/15/11 4 Draft Ordinances: (1) Fire Sprinkler; (2) Fire Alarm; (3) High -rise; (4) Mid -rise Copy of WAC 51 -51 -60105 Copy of WAC 51 -51 -60107 Time vs. Products of Combustion Chart; Water Purveyors Fee Chart 5 over 1 Comparison Memo Minutes from the Finance and Safety Committee meeting of 3/22/11 4/4/11 13 14 OILA Iv 4 l Ci ty of Tukwila Jim Haggerton, May INFORMATIONAL MEMORANDUM 3908 TO: Mayor Haggerton Finance and Safety Committee FROM: B/C Don Tomaso, Fire Marshal DATE: February 15, 2011 SUBJECT: Fire Code Updates ISSUE To provide updates and clarification for architects and contractors as to how we implement the fire sprinkler and fire alarm codes as amended by the City. In addition, we have worked with The Department of Community Development (DCD) to revise the High -rise Ordinance and create a Mid -rise Ordinance for adoption to allow the 5 over 1 type VA construction. BACKGROUND The City adopted the current Fire Code on July 1, 2010, and we are now completing the remaining fire related ordinances after working with DCD on the 5 over 1 Ordinance. The changes are shown in strike through underlined format. ANALYSIS The Building Official and the Fire Prevention Bureau have agreed to a method of construction for the 5 over 1 type VA construction that still provides a reasonable level of life safety for the public and emergency responders. We have included this type of construction in the new Mid rise Ordinance to meet the intent of the City's previously adopted fire and life safety requirements. With the last fire sprinkler code revision, the threshold was reduced from 10,000 square feet to 5,000 square feet. At that time we discussed the option of requiring all commercial buildings to be equipped with a fire sprinkler system during the next code adoption cycle. Since the Building Department is in agreement to have the International Residential Code Appendix "S” (WAC 51- 51- 60107) and "R" (WAC 51 -51- 60105) adopted to require one and two family dwellings to be equipped with fire sprinklers, now would be the appropriate time to reduce the commercial threshold to 500 square feet (latte stand exception) and require all commercial buildings to be equipped with fire sprinklers. Fire sprinklers have proven themselves for over 100 years to be the best defense, when properly designed and maintained, in extinguishing fires in the earliest stages of fire development. RECOMMENDATION The Council is being asked to consider the proposed ordinances at the March 28, 2011 Committee of the Whole Meeting and subsequent April 4, 2011 Regular Meeting. ATTACHMENTS 4 Draft Ordinances: (1) Fire Sprinkler; (2) Fire Alarm; (3) High -rise; (4) Mid -rise Copy of WAC 51 -51 -60105 Copy of WAC 51 -51 -60107 Time vs. Products of Combustion Chart Water Purveyors Fee Chart 5 over 1 Comparison Memo 15 16 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS REGARDING FIRE PROTECTION SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.42; REPEALING ORDINANCE NOS. 2050, 2130 AND 2167; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a safe living and working environment in the City of Tukwila; and WHEREAS, the City Council desires to provide the highest degree of life safety for its citizens; and WHEREAS, it has been determined that fire protection systems facilitate a safe working environment and provide a high degree of life safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code Chapter 16.42 is hereby adopted to read as follows: Chapter 16.42 SPRINKLER SYSTEMS Sections: 16.42.010 Required. 16.42.020 References. 16.42.030 Definitions. 16.42.040 Approval and Design Plans. 16.42.050 Where Required. 16.42.060 Standpipes. 16.42.070 General Requirements. 16.42.080 Special Requirements. 16.42.090 Existing Buildings. 16.42.100 Maintenance. 16.42.110 Re- inspection Fees for New Construction, Tenant Improvements and Spot Inspections. 16.42.120 Exceptions. 16.42.130 Penalties. 16.42.140 Appeals. W:\ Word Processing\ Ordinances Fire Sprinkler.docx DT:mrh 02/16 /2011 Page 1 of 7 17 Section 2. Tukwila Municipal Code Section 16.42.010 is hereby adopted to read as follows: 16.42.010 Required. An automatic sprinkler system shall be required as outlined in this chapter. Section 3. Tukwila Municipal Code Section 16.42.020 is hereby adopted to read as follows: 16.42.020 References. The following references shall be used in the design, installation and maintenance of sprinkler systems within the City of Tukwila; if there is a conflict between the codes, the one offering the greatest degree of fire protection shall apply. References are to the current editions, unless otherwise noted. NFPA 13 INSTALLATION OF SPRINKLER SYSTEMS NFPA 13D RESIDENTIAL SPRINKLER SYSTEMS NFPA 14 STANDPIPE AND HOSE SYSTEMS NFPA 15 WATER SPRAY FIXED SYSTEMS NFPA 24 PRIVATE FIRE SERVICE MAINS AND THEIR APPURTENANCES NFPA 25 INSPECTION, TESTING AND MAINTENANCE OF WATER -BASED FIRE PROTECTION SYSTEMS NFPA 88A PARKING STRUCTURES IFC INTERNATIONAL FIRE CODE IBC INTERNATIONAL BUILDING CODE RCW 18.160 WASHINGTON STATE SPRINKLER CONTRACTOR LAW WAC 51 -51 -60105 Appendix R WAC 51 -51 -60107 Appendix S Section 4. Tukwila Municipal Code Section 16.42.030 is hereby adopted to read as follows: 16.42.030 Definitions. A. "Approved" refers to the approval of the Tukwila Fire Department. B. "Automatic sprinkler system" is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. Each sprinkler system riser includes a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. C. "Listed" refers to equipment or materials indicated in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specific manner. D. "Resubmittal" means anv plan that requires subsequent review. Section 5. Tukwila Municipal Code Section 16.42.040 is hereby adopted to read as follows: 16.42.040 Approval and Design Plans. A. All new sprinkler systems and all modifications to sprinkler systems involving more than 50 heads shall have the written approval of the Was# 1 e e e e a Factory Mutual, Indu e- or any fire protection engineer licensed by the State of Washington and approved by the Fire Marshal. W: \Word Processing \Ordinances \Fire Sprinller.docx DT:mrh 03/23/2011 Page 2 of 7 18 Exception: The Tukwila Fire Prevention Bureau reserves the right to require pre approval, by one of the agencies listed above, for any modification to a hydraulically- designed system regardless of the size of the job. B. All sprinkler drawings shall be prepared by persons meeting the requirements of RCW 18.160. C. At least three complete sets of blueprint drawings with information regarding the automatic sprinkler system as identified in NFPA 13, Sections 6 -1, 6 -2 and 6 -3, and at least one civil engineering blueprint showing the underground installation from watermain tap to base riser, shall be submitted to the Tukwila Fire Prevention Bureau for approval prior to installation or modification of any equipment. One set of approved plans shall be located at the job site. D. Drawings submitted for approval must include a completed Fire Protection Systems Permit Application and a floor layout drawn to scale, no smaller than 1/8 -inch scale, showing all rooms and spaces with accurate measurements. Drawings shall include the building permit number. E. As- builts shall be provided prior to system acceptance and final approval, if any modifications not shown on the original plans have been done to the system. F. The installer shall perform all required acceptance tests (as identified in NFPA 13) in the presence of a representative of the Tukwila Fire Prevention Bureau. The installer shall complete the contractor's material and test certificate(s) and forward the certificates to the Tukwila Fire Prevention Bureau prior to asking for approval of the installation. G. After the sprinkler plans have been approved by the Tukwila Fire Prevention Bureau, a job number will be issued to begin work. The plan review fees are as follows: Commercial: For 1 -5 heads: Base fee $100.007-5 -00 Commercial: For 6 or more heads: Base fee $200.001,50:-00 $1.50 per sprinkler head in excess of 10 Single- family: Base fee $50.00 $1.50 per sprinkler head in excess of 10 Resubmittal: Fee $200.00 Section 6. Tukwila Municipal Code Section 16.42.050 is hereby adopted to read as follows: 16.42.050 Where Required. A. A fully automatic sprinkler system designed, installed and tested per NFPA 13 shall be installed in all new buildings 5,000 500 square feet or greater in total floor area. B. Without regard to exceptions to the sprinkler system requirements as set forth in this section, a fully automatic sprinkler system, per TMC Section 16.42.050A, may be required by the Chief of the Fire Department and the Fire Marshal for new buildings under 5,000 500 square feet total floor area when, in their judgment, any of the following conditions exist: 1. Hazardous operations. 2. Hazardous contents. 3. Critical exposure problems. 4. Limited accessibility to the building. 5. Inadequate waterflow availability. W: \Word Processing \Ordinances \Fire Sprinkler.docx DT:mrh 03/23/2011 Page 3 of 7 19 C. Sprinklers are required in all Group R, Division 1, 2 and 3, occupancies (as defined in the IBC) having three or more floor levels or containing 5 or more dwelling units. D. Sprinklers are required in Group A occupancies (as defined in the IBC) such as nightclubs, discos or restaurants where the total gross floor area exceeds 5,000 square feet. E. Fire walls, fire barriers, or vertical or horizontal fire barriers as noted in Section 705.1 of the International Building Code shall not be considered to separate a building to enable deletion of a required automatic sprinkler system. F. Single- family residences that have between 500 and 1,000 GPM fire flow availability. G. Single- family residences that exceed minimum distance requirements to a hydrant may, at the discretion of the Fire Marshal or Chief, be allowed to install a sprinkler system in lieu of a hydrant. H. An approved automatic fire sprinkler system shall be installed in new one family and two family dwellinas and townhouses in accordance with Appendix R (WAC 51- 51- 601051 and Appendix S (WAC 51 -51- 601071. Section 7. Tukwila Municipal Code Section 16.42.060 is hereby adopted to read as follows: 16.42.060 Standpipes. A. When standpipes are required, they shall be Class III Wet. Exception: In unheated structures, the standpipe may be dry. B. Buildings over four stories shall have in the stair tower, adjacent to the standpipe, beginning on the third floor and alternating every other floor, in hose cabinets, 150 feet of 1 -3/4" double jacket hose with 1 -1/2" NST hose couplings. The hose lengths shall be connected and bundled together. The cabinet shall be labeled "FIRE DEPARTMENT USE ONLY." Section 8. Tukwila Municipal Code Section 16.42.070 is hereby adopted to read as follows: 16.42.070 General Requirements. A. Sprinkler installations and modifications shall be done by companies licensed by the State of Washington to perform this type of work. B. The automatic sprinkler system for new warehouses shall have a minimum design density of .39 gallons /5,600 square feet, plus an allowance of 1,000 GPM for in -rack fire sprinklers and hose allowance. C. All other occupancies shall be a minimum design density of ordinary hazard Group unless otherwise provided for in this ordinance. D. On all hydraulically- designed sprinkler systems, the velocity of water in the overhead pipe shall not exceed 32 feet per second. The velocity of water in the underground pipe shall not exceed 16 feet per second. E. Hydraulic calculations shall be provided by the contractor for calculated systems; the contractor shall, upon request, provide calculations for pipe schedule systems. F. Calculated sprinkler systems shall be designed with a 10 psi cushion for low reservoir conditions. G. Automatic sprinkler systems and all other fire suppression systems shall be monitored by a City of Tukwila- approved UL central station. This shall include all water control valves, tamper devices, pressure supervision and waterflow switches. In buildings having a fire alarm /detection system, the sprinkler system shall be tied to the fire alarm system (last zone[s]). W: \Word Processing \Ordinances \Fire Sprinkler.docx DT:mrh 03/23/2011 Page 4 of 7 20 H. Permanent, all- weather sprinkler riser zone maps shall be installed at the fire department connection and riser. I. All exterior components of sprinkler systems shall be painted red, either Safety Red Rustoleum #7564 or Farwest Paint #253 (mandarin red). This includes: post indicator valves /outside stem and yoke valves, wall indicating valves, fire department connections, and water motor gong. Post Indicator Valves (PIV's) and Fire Department Connections (FDC's) shall have the buildina address served by the PIV or FDC stenciled vertically in 3- inch -high white numbers facina the direction of vehicular access. J. The fire department connection shall have a downward angle bend of 30h°+�T 22.5 and /15 degrees, with a 5 -inch Knox lockina Storz fitting. K. A manual fire alarm system shall be installed in all new sprinklered buildings. Visual and audible devices shall be installed per TMC Chapter 16.40, "Fire Alarms." L. Maintain a four -foot clear space around the sprinkler riser(s) for emergency access. M. Fire sprinkler systems with interior OS Y valves shall have the sprinkler riser painted red (Safety Red Rustoleum #7564 or Farwest Paint #253 (mandarin red) to the first "90 dearee elbow" or "Tee" at the ceilina level. A 6" white reflective stripe shall be installed around the circumference of the pipe 8 feet to 10 feet below the "elbow" or "Tee." Section 9. Tukwila Municipal Code Section 16.42.080 is hereby adopted to read as follows: 16.42.080 Special Requirements. A. All hotel /motel occupancies shall be sprinklered a minimum ordinary hazard Group I density throughout; no omissions are allowed. Sprinkler spacing in the guest rooms may be Light Hazard. B. Each new commercial /industrial or multi family building shall have its own control valve on the exterior or outside away from the building. Each floor of a multi -story building shall have sectional control valves. C. Multi- family dwelling sprinkler systems shall be designed Minimum Light Hazard; no omissions are allowed. D. All sprinkler system control valves shall be electronically supervised against tampering. E. When a sprinkler system is reauired for a one- or two family dwellina, sprinkler protection shall be extended to attached aarages. Section 10. Tukwila Municipal Code Section 16.42.090 is hereby adopted to read as follows: 16.42.090 Existing Buildings. A. Existing fully sprinklered buildings, when remodeled or added on to, shall retain the feature of being sprinklered in the remodeled or added -on portion. B. If, by increasing usable or habitable square footage of an existing building, the resulting total structure falls within the coverage of TMC Section 16.42.050A, the entire structure shall be fully sprinklered. This provision does not apply to single family residences. Section 11. Tukwila Municipal Code Section 16.42.100 is hereby adopted to read as follows: W:\ Word Processing \Ordinances \Fire Sprinkler.docx DT:mrh 03/24/2011 Page 5 of 7 21 16.42.100 Maintenance. A. -e -e e e e 1 2E.A satisfactory contract coverina the maintenance. operation and efficiency of the sprinkler system shall be provided by the building /property owner or his aaent. The contract shall provide for inspections, tests and maintenance as specified in NFPA 25 and manufacturer's instructions. The building/property owner or his aaent shall be responsible for the maintenance of the sprinkler system. B. Regular maintenance by a Washington State licensed sprinkler contractor shall be done in accordance with NFPA 25. If the sprinkler system is connected to a fire alarm system, the contractor shall coordinate with the fire alarm maintenance company for any work involving the fire alarm system or control panel. C. The Tukwila Fire Department shall be notified immediately of any impairment of the sprinkler system. The owner shall be responsible for the repair of the system, and shall maintain a 24 -hour fire watch until the system is returned to normal condition. High hazard operation may be suspended until the sprinkler system is back in normal condition. Section 12. Tukwila Municipal Code Section 16.42.110 is hereby adopted to read as follows: 16.42.110 Re inspection Fees for New Construction, Tenant Improvements and Spot Inspections. When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.0080.00 will be assessed. Section 13. Tukwila Municipal Code Section 16.42.120 is hereby adopted to read as follows: 16.42.120 Exceptions. Any exception to the items covered by this chapter shall be made by the Chief of the Fire Department or by the Fire Marshal. Requests for exception must be made in writing; exceptions granted or denied shall be in writing. Section 14. Tukwila Municipal Code Section 16.42.130 is hereby adopted to read as follows: 16.42.130 Penalties. Any person violating the provisions of TMC Chapter 16.42, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed, statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. W: \Word Processing\ Ordinances\ Fire Sprinkler.docx DT:mrh 03 /24/2011 Page 6 of 7 22 Section 15. Tukwila Municipal Code Section 16.42.140 is hereby adopted to read as follows: 16.42.140 Permit Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance. or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Fire Marshal is authorized to arant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be reauested in writing and justifiable cause shall be demonstrated. Section 16. Tukwila Municipal Code Section 16.42.150 is hereby adopted to read as follows: 16.42.150 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 17. Repealer. Ordinance Nos. 2050, 2130 and 2167 are hereby repealed. Section 18. 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 19. 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 2011. 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\ Fire Sprinkler.docx DT :mrh 03/24/2011 Page 7 of 7 23 24 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS REGARDING AUTOMATIC FIRE ALARM SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.40; REPEALING ORDINANCE NOS. 2051, 2131 AND 2168; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a safe living and working environment in the City of Tukwila; and WHEREAS, the City Council desires to provide the highest degree of life safety for its citizens; and WHEREAS, it has been determined that automatic fire alarm systems facilitate a safe working environment and provide a high degree of life safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Coder Chapter 16.40 is hereby adopted to read as follows: Chapter 16.40 FIRE ALARM SYSTEMS Sections: 16.40.010 Required. 16.40.020 References. 16.40.030 Definitions. 16.40.040 Approval and Design Plans. 16.40.050 General Requirements. 16.40.060 Alarm /Control Panel Requirements. 16.40.070 Placement and Type of Detector. 16.40.080 Acceptance Testing. 16.40.090 Maintenance. 16.40.100 Applicability. 16.40.110 Monitoring. 16.40.120 Special Requirements. 16.40.130 Re- inspection Fees for New Construction, Tenant Improvement and Spot Inspections. 16.40.140 Exceptions. 16.40.150 Penalties. 16.40.160 Appeals. Section 2. Tukwila Municipal Code Section 16.40.010 is hereby adopted to read as follows: W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 02/16/2011 Page 1 of 10 25 16.40.010 Required An automatic fire alarm system shall be installed in all new structures less than 10,000 square feet total floor area. Exceptions are noted in Tukwila Municipal Code Section 16.40.140. Section 3. Tukwila Municipal Code Section 16.40.020 is hereby adopted to read as follows: 16.40.020 References The following references shall be used in the design, installation and maintenance of fire alarm systems within the City of Tukwila; if there is a conflict between the codes, the code that provides the greatest degree of fire protection shall apply. References are to the current editions, unless otherwise noted NFPA 70 NATIONAL ELECTRICAL CODE NFPA 72 PROTECTIVE SIGNALING SYSTEMS NFPA 88A PARKING STRUCTURES IFC INTERNATIONAL FIRE CODE IBC INTERNATIONAL BUILDING CODE WAC 51 -34 WASHINGTON FIRE CODE RCW 19.27 STATE BUILDING CODE ACT RCW 19.28 ELECTRICAL CODE AND ORDINANCES Section 4. Tukwila Municipal Code Section 16.40.030 is hereby adopted to read as follows: 16.40.030 Definitions A. "Addressable device" means a fire alarm system component with discreet identification that can have its status individually identified or that is used to individually control other functions. B. "Alarm indicating device" is any listed bell, buzzer, visual or audible device that produces an alarm signal for fire. C. "Alarm initiating device" is any listed device which, when activated, initiates an alarm by manual or automatic operation of an electrical contact through an alarm indicating device. D. "Alarm signal" is any listed audible or visual signal, or both, indicating the existence of an emergency fire condition. E. "Analog initiating device" (sensor) is an initiating device that transmits a signal indicating varying degrees of condition, as contrasted with a conventional initiating device which can only indicate an on /off condition. F. "Annunciator" is any listed equipment that indicates the zone or area of the building from which an alarm has been initiated, the location of an alarm actuating device, or the operation condition of alarm circuits or the system. G. "Approved" refers to the approval of the Tukwila Fire Department. H. "Authority having jurisdiction" refers to the Tukwila Fire Department. I. "Automatic fire alarm system" is a combination of listed compatible devices, control panels, audible and visual devices and other equipment, together with the necessary electrical energy, designed and wired to produce an alarm in the event of fire or special system activation. J. "Alarm /control panel" is comprised of the controls, relays, switches and associated circuits necessary to furnish power to a fire alarm system, receive signals from fire alarm devices and transmit them to indicating devices and accessory equipment. W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 02/16/2011 Page 2 of 10 26 K. "Compatibility listed" means a specific listing process that applies only to two -wire devices (such as smoke detectors) designed to operate with certain control equipment. L. "Compatible" means equipment that interfaces mechanically or electrically together as manufactured, without field modification. M. "Fire alarm control panel" is a system component that receives input from automatic and manual fire alarm devices and may supply power to detection devices and transponder(s) or off premises transmitter(s). The control unit may also provide transfer of power to the notification appliances and transfer of condition to relays or devices connected to the control unit. The fire alarm control unit can be a local fire alarm control unit or master control unit. N. "Listed" means equipment or materials indicated in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner. O. "Line -type detector" is a device in which detection is continuous along a path. Typical examples are rate -of -rise pneumatic tubing detectors, projected beam smoke detectors, and heat sensitive detectors. P. "Maintenance" refers to repair service, including periodic recurrent inspections and tests per manufacturer's specifications and NFPA 72, required to keep the protective signaling system (automatic fire alarm system) and its component parts in an operative condition at all times, together with the replacement of the system or its components when for any reason they become undependable or inoperative. Q. "Shall" indicates a mandatory requirement. R. "Should" indicates a recommendation or that which is advised but not required. S. "Spacing" means a horizontally measured dimension relating to the allowable coverage of fire detectors. T. "Transmitter" refers to any listed transmitter able to transmit and /or receive status changes automatically or manually from a listed alarm panel to an approved central station via leased telephone lines. U. "UL central station" refers to a UL- listed central station approved to monitor automatic fire alarm systems with the City of Tukwila. V. "Zone" means each building or portion of building, as determined by the authority having jurisdiction. W. "Resubmittal" means anv set of plans that requires subsequent review. Section 5. Tukwila Municipal Code Section 16.40.040 is hereby adopted to read as follows: 16.40.040 Approval and Design Plans A. At least three complete sets of blueprint drawings with information regarding the fire alarm system, including detailed specifications, wiring, diagrams, elevation diagram (showing false ceiling areas), and floor plans, shall be submitted to the Tukwila Fire Prevention Bureau for approval prior to installation of any equipment or wiring. (One set of approved plans shall be located at the construction site.) B. Drawings submitted for approval must include the following: 1. A completed Fire Protection System Permit Application. W: \Word Processing \Ordinances \Fire Alarm.doc DT :mrh 02/16/2011 Page 3 of 10 27 2. Floor layout showing all rooms and spaces, including a cross section of the space being protected, with accurate measurements drawn to a scale no smaller than 1/8 -inch scale. 3. Identification of each room or space, i.e. guest rooms, mechanical room, attic, etc. 4. Location of each system component using the appropriate symbol. 5. Explanatory notes and legend to lend clarity to the plan and identify the manufacturer and model number of each alarm component used. 6. A wiring schematic clarifying type and size of wiring (must comply with NFPA 70), and a point -to -point wiring diagram. 7. Zoning, if applicable. 8. A copy of the technical specifications for each component used in the makeup of the automatic fire alarm system. If the components are not all from the same manufacturer, UL cross listing compatibility cards are required. 9. The current used by each of the initiating and indication devices and current rating of the power supply. 10. Battery calculations for compatibility. 11. Building permit number. 12. Total number of devices being installed. C. After the fire alarm plans have been approved by the Tukwila Fire Prevention Bureau, a job number will be issued to begin work. The plan review fees are as follows: Commercial: For 1 -5 devices: Base fee $100.0075.00. Commercial: For 6 or more devices: Base fee $200.004 50:-00 $1.50 per device in excess of 10 devices. Single Family: Base fee $50.00 $1.50 per device in excess of 10 devices. Resubmittal: Fee $200.00 Section 6. Tukwila Municipal Code Section 16.40.050 is hereby adopted to read as follows: 16.40.050 General Requirements A. All companies installing automatic fire alarm systems shall have a State electrical contractor's license. B. All persons installing automatic fire alarm systems shall hold a State low voltage installer's certificate or journeyman electrician certificate per RCW 19.28.041. An apprentice certificate is acceptable for installers when supervised by a certified journeyman per RCW 19.28.4. C. A City of Tukwila electrical permit shall be posted at all automatic fire alarm system installations per Tukwila Municipal Code Section 16.04.020. D. All equipment, devices, and wiring shall be listed by Underwriters Laboratories or Factory Mutual and shall be approved for the purpose which they are intended. No one shall perform any type of modification to any device that would void its UL /FM listing. E. If determined necessary by the authority having jurisdiction, control panels shall have sufficient auxiliary power outlets for automatic door closures, relay boards for elevator control, HVAC detectors, air pressurization, and all other auxiliary devices. They shall also have W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 02/16/2011 Page 4 of 10 28 sufficient power for four -wire smoke detectors, remote LED indicating lights and duct detectors with relays. F. Remote alarm annunciation /indication is required at the main entrance if the control panel is not visible from the main entrance. The heiaht of the annunciator /control oanel shall be 48 to 60 inches above arade /floor. G. When the control panel is located inside a room, the outside of the door shall have a sign in one -inch letters that reads "Fire Alarm" or "Fire Alarm Control." H. A rechargeable battery backup is required on any automatic fire alarm system installation. There shall be enough battery capacity at all times to run the alarm system in standby for 24 hours and after that time, sound all alerting devices for at least five minutes. At the end of the battery life cycle, batteries shall be replaced. I. Audible devices shall be placed in buildings and be so located that, with all intervening doors closed, the alarm device shall be heard at not less than 15 decibels above the ambient noise levels; sleeping areas shall be a minimum of 75 decibels. Visible alarms shall be placed throughout the building in all assembly areas; common use areas, including toilet rooms and bathing facilities; hallways and lobbies; aR4 hotel guest rooms and rooms 130 square feet or larger regardless of use. Individual officc -e- included. J. Whenever possible, the control panel shall be located in a heated main corridor or a heated main lobby. When the control panel is located inside a room, the room shall be heated, and kept at an ambient temperature between 40° and 100 °F. The outside of the door shall have a sign in one -inch letters, which reads "Fire Alarm" or "Fire Alarm Control." AT NO TIME SHALL THE CONTROL PANEL BE LOCATED IN AN EXTERIOR LOCATION. K. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate individual addresses at a UL central station. Section 7. Tukwila Municipal Code Section 16.40.060 is hereby adopted to read as follows: 16.40.060 Alarm /Control Panel Requirements A. A light shall indicate that the system is receiving normal power. A failure of normal power shall cause the light to go out and an audible signal to sound. B. All batteries shall have an automatic rate charger to maintain standby batteries in a fully charged condition. C. A power transfer circuit shall be installed that will switch to standby power automatically and instantaneously if normal power fails. D. All alarm signals shall be automatically "locked in" at the alarm panel until their operated devices are returned to normal condition, and the alarm panel is manually reset. E. The fire alarm panel shall be reset only by authorized personnel of the Tukwila Fire Department. F. The reset code for the fire alarm panel or keypad shall be 1- 2- 3 -4 -5. The reset code shall not be changed without the approval of the Fire Marshal. The reset code should be permanently posted at the keypad. G. The supervised relay boards that control elevator recall, air pressurization and all other auxiliary functions shall stay "locked in," even though the audible signaling circuits have been silenced, until the panel has been reset and returned to normal. W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 02/16/2011 Page 5 of 10 29 H. For systems employing water flow detection devices, manual pull stations shall be distributed throughout the building. Audible and visible alarms shall be placed in all common use areas. I. All trouble and supervisory indication for Post Indicating Valves, Wall Indicating Valves, and Outside Stem and Yoke Valves shall be on a zone isolated from waterflow indication, for trouble only. J. All fire alarm panels /keypads shall have alarm silence capability. Section 8. Tukwila Municipal Code Section 16.40.070 is hereby adopted to read as follows: 16.40.070 Placement and Type of Detector A. All detectors shall be installed and spaced according to the manufacturer's instructions and NFPA 72. The Tukwila Fire Prevention Bureau may require additional detectors or decreased spacing. B. At least one of the following types of detectors shall be placed in all rooms, halls, storage areas, basements, attics, lofts, spaces above suspended ceilings, storage lockers, closets, electrical rooms, machine equipment rooms, shafts, crawl spaces and stairwells: smoke, rate of -rise, fixed temperature, photobeam, flame, rate compensation, or line -type. Access shall be provided to the attics and crawl spaces for maintenance of the detectors. C. All detectors placed above the ceiling shall have remote indicating lights in the ceiling directly below the device or other means of indication as approved by the Fire Prevention Bureau. D. All rate -of -rise and fixed temperature heat detectors shall have replacement links or be self- restoring for testing purposes. E. Smoke detectors shall be the preferred detector type in all areas. When conditions are such that smoke detectors are not practical, other type(s) of detectors shall be installed as approved by the Tukwila Fire Prevention Bureau. F. Non- sprinklered multi- family dwellings shall have system heat detection installed throughout the unit. Section 9. Tukwila Municipal Code Section 16.40.080 is hereby adopted to read as follows: 16.40.080 Acceptance Testing A. Upon completion of a system installation, a satisfactory test of the entire installation shall be made by the contractor's representative in the presence of a member of the Tukwila Fire Prevention Bureau and shall comply with the procedures contained in NFPA 72 and the manufacturer's specifications. The use of a decibel meter will be employed to determine minimum sound levels during acceptance testing. Final approval is contingent upon a successful performance test. B. A condition of final acceptance of the fire alarm system shall be the receipt of a completed contractor's Material and Test Certificate Fire Alarm and Automatic Detection Systems, to the effect that the system has been installed in accordance with approved plans and tested in accordance with the manufacturer's specifications and appropriate NFPA requirements. The completed installation certificate shall be returned to the Tukwila Fire Prevention Bureau, prior to the acceptance test. C. As- builts shall be provided prior to system acceptance and final approval if any modifications not shown on the original plans have been done to the system. W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 02/16/2011 Page 6 of 10 30 Section 10. Tukwila Municipal Code Section 16.40.090 is hereby adopted to read as follows: 16.40.090 Maintenance A. A satisfactory contract covering the maintenance, operation and efficiency of the system shall be provided by the buildina /property owner or his agent. The contract shall provide for inspections, tests and maintenance as specified in NFPA 72 and manufacturer's instructions. The building /property owner or his agent shall be responsible for the maintenance of the automatic fire alarm system with the following provisions: 1. The renter or lessee shall notify the building /property owner or his agent of the need of any suspected maintenance or malfunction of the system. 2. The building /property owner or his agent shall assume no liability in the event any unauthorized person, renter or lessee tampers with, attempts to repair or damages any part of the automatic fire alarm system so as to render it inoperative. Provided, however, the building /property owner and his agent shall be liable in the event either of them become aware of tampering or efforts to repair or damage the system, and they thereafter fail to restore the system within a reasonable period of time so that it functions in accord with the standards provided for in Tukwila Municipal Code Chapter 16.40. B. A copy of inspection, test, and maintenance records shall be forwarded to the Tukwila Fire Prevention Bureau. C. The automatic fire alarm system shall be maintained in operative condition at all times. D. Battery powered detectors in existing buildings shall have new batteries installed in accordance with the manufacturer's specifications, and shall be tested at least annually by the building owner or the building owner's representative. Documentation of the testing and applicable repairs shall be sent to the fire department. E. Inspections, maintenance and testing of fire alarm systems shall be performed by personnel with qualifications acceptable to the Tukwila Fire Prevention Bureau. Section 11. Tukwila Municipal Code Section 16.40.100 is hereby adopted to read as follows: 16.40.100 Applicability A. Automatic fire alarm systems shall be installed in the following occupancies: 1. Hotels. 2. Motels. 3. Multi- family dwellings (with more than 4 units): See Tukwila Municipal Code Section 16.40.120.B, Special Requirements. 4. All other new commercial /industrial buildings under 500 1 0,000 square feet unless fully protected by an automatic sprinkler system. 5. When sold, existing commercial and industrial buildings that are not protected by an automatic sprinkler system. Exceptions: a. Any structure 400 square feet or less in total usable floor area. b. Single- family residential structures. 6. When sold. existing commercial /industrial buildings equipped with an existing fire alarm system shall upgrade to current fire alarm ordinance reauirements. W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 03/23/2011 Page 7 of 10 31 7. When sold. commercial /industrial buildinas that are protected by an automatic sprinkler system shall install a manual fire alarm system. 68. When sold, existing hotel /motel occupancies which are not protected by an automatic sprinkler system shall install a fire alarm system throughout. The guest rooms shall comply with Tukwila Municipal Code Section 16.40.120.A. 79. When sold, multi family dwellings which are protected by an automatic sprinkler system shall install a fire alarm system complying with Tukwila Municipal Code Section 16.40.120.B. Exception: Multi- family dwellings of four units or Tess. 610. When sold, multi- family dwellings which are not protected by an automatic sprinkler system shall install smoke detectors in sleeping areas, in accordance with the International Building Code. Common areas and exit corridors shall be protected by detectors and manual pull stations monitored by a UL central station. Audibility shall meet the requirements of NFPA 72. Exception: Multi- family dwellings of four units or Tess. 911. Any building or portion of a building which, due to the nature of its occupancy, is required by the International Fire Code or other nationally- recognized standard to have an automatic fire alarm system. 120. Any building or portion of a building which, due to the nature of its occupancy, is determined by the Chief to be a special hazard or have a high life safety need. 134. A manual fire alarm system shall be installed in all new sprinklered buildings. Visual and audible devices shall be installed per Tukwila Municipal Code Section 16.40.050.1. B. For items 5, 6, 7, 8. 9 and 108 of Tukwila Municipal Code Section 16.40.100, the installation of an automatic fire alarm system shall be completed within 120 days from the date of notification by the Tukwila Fire Department. Section 12. Tukwila Municipal Code Section 16.40.110 is hereby adopted to read as follows: 16.40.110 Monitoring The following fire alarm systems are required to be monitored by a City of Tukwila- approved UL central station. 1. All new automatic and manual systems as required by Tukwila Municipal Code Section 16.40.100, or required by any other code or standard. 2. All existing fire alarm systems. 3. All fire alarm systems installed by the occupant /owner that are optional in commercial, industrial and multi family occupancies. 4. Smoke detectors that are installed in lieu of a one -hour corridor requirement. 5. HVAC units that are required to have duct detectors and that serve more than one occupancy or serve an area open to the public. 6. City of Tukwila- approved UL central stations that fail to maintain their UL listing shall be prohibited from monitoring fire alarm systems within the City of Tukwila. Section 13. Tukwila Municipal Code Section 16.40.120 is hereby adopted to read as follows: 16.40.120 Special Requirements W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 02/16/2011 Page 8 of 10 32 A. The guest room smoke detectors and bathroom heat detectors of hotel /motel occupancies shall annunciate at a panel located at or near the front desk. These detectors will not transmit an alarm to the UL central station. The alarm panel, located at or near the front desk, shall be monitored 24 hours a day by the hotel /motel staff. B. Multi- family dwellings and lodging houses fully protected by an automatic sprinkler system shall have detectors installed in accordance with the International Building Code. Common areas and exit corridors shall be protected by detectors and manual pull stations, monitored by a UL central station. C. Multi family dwellings and lodaina houses shall have audible /visual devices throuahout the unit. Bedrooms shall have a 110 candela wall- mounted horn /strobe within 16 feet of the pillow or a 177 candela ceilina- mounted horn /strobe. Audibility shall be a minimum of 75 decibels at the pillow. The bathroom shall have an appropriately rated strobe only. GD. When monitoring of an existing system is lost for any reason, a fire watch must be posted during non business hours. The fire watch person shall call the recorded fire prevention phone line at two -hour intervals confirming the all -clear status of the building. In the event of a fire emergency the fire watch shall call 911 immediately to report the fire emergency. ED. Duct detectors shall send a supervisory signal only and shall not cause an alarm. F .Approved Knox key-Lock boxes shall be provided for are access to alarm panels and sprinkler risers. G. An exterior horn or bell /strobe shall be installed outside all buildings /tenant spaces that have a fire alarm system. H. A 110 candela horn /strobe shall be installed above the kitchen suppression system's manual pull station. Section 14. Tukwila Municipal Code Section 16.40.130 is hereby adopted to read as follows: 16.40.130 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.0089:08 will be assessed. Section 15. Tukwila Municipal Code Section 16.40.140 is hereby adopted to read as follows: 16.40.140 Exceptions Any exception to the items covered by Tukwila Municipal Code Chapter 16.40 shall be made by the Chief of the Fire Department, or by the Fire Marshal. Request for exception must be made in writing; exceptions granted or denied shall be in writing. Section 16. Tukwila Municipal Code Section 16.40.150 is hereby adopted to read as follows: 16.40.150 Penalties Any person violating the provisions of Tukwila Municipal Code Chapter 16.40, the International Fire Code or appendices adopted by Tukwila Municipal Code Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or W: \Word Processing \Ordinances \Fire Alarm.doc DT:mrh 02/16/2011 Page 9 of 10 33 modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in Tukwila Municipal Code Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 17. Tukwila Municipal Code Section 16.40.160 is hereby adopted to read as follows: 16.40.160 Permit Expiration. Every permit issued shall become invalid unless the work on the site authorized bv such permit is commenced within 180 days after its issuance, or if the work authorized on the site bv such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Fire Marshal is authorized to Grant, in writina, one or more extensions of time. for periods not more than 180 days each. The extension shall be reauested in writina and justifiable cause demonstrated. Section 18. Tukwila Municipal Code Section 16.40.170 is hereby adopted to read as follows: 16.40.170 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 19. Repealer. Ordinance Nos. 2051, 2131 and 2168 are hereby repealed. Section 20. 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 21. 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 2011. 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 \Fire Alarm.doc DT:mrh 02/16/2011 Page 10 of 10 34 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2053, 2083 AND 2133, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.48; UPDATING CERTAIN FIRE PROTECTION STANDARDS FOR THE CONSTRUCTION OF HIGH -RISE BUILDINGS WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is concerned about the health, welfare and safety of persons working or residing in high -rise buildings; and WHEREAS, the City wishes to provide appropriate standards for construction of high -rise buildings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code Section 16.48.010 hereby reads as follows: 16.48.010 Story Defined. As used herein, the terms "Story" and "Building Height" shall be as defined in the Washington State Building Code. Section 2. Tukwila Municipal Code Section 16.48.020 hereby reads as follows: 16.48.020 Scope and Construction of Chapter. A. TMC Chapter 16.48 shall apply only to buildings in excess of eight four stories or 7540 feet to the occupied floor from the lowest level of Fire Department Vehicle Access.. In all other respects, the provisions of the International Building Code (IBC), as found in TMC Chapter 16.04, and the International Fire Code (IFC), as found in TMC Chapter 16.16, shall be generally applicable to TMC Chapter 16.48 including, but not limited to, provisions for the issuance of permits and collection of fees therefor, and provisions for penalties for violations and establishing administrative appeal procedures. B. If, in any specific case, TMC Chapter 16.48 specifies materials, methods of construction or other requirements which are different from those specified in any other part of the International Building Code (IBC) Section 403 and Tukwila Building Code (TMC Chapter 16.04), the more restrictive requirement shall govern. W: Word Processing \High Rise Amendment.doc DT: m Page 1 of 5 35 C. Section 403.2.1 of the International Buildina Code for the reduction in fire resistance ratings shall not be allowed. Section 3. Tukwila Municipal Code Section 16.48.030 is hereby adopted to read as follows: 16.48.030 Sprinkler Systems. Every building shall be fully sprinklered in accordance with the standards set down in NFPA (National Fire Protection Association) #13,, minimum liaht hazard with no omissions allowed in auest rooms and sleeping areas and ordinary hazard in all other common areas. Section 4. Tukwila Municipal Code Section 16.48.040 is hereby adopted to read as follows: 16.48.040 Fire Hose Racks. Buildings over eight four stories shall have in the stair tower, adjacent to the standpipe, beginning on the third floor and alternating every other floor, in hose cabinets, 150 feet of 1 -3/4" double jacket hose with 1 -1/2" NST hose couplings. The hose lengths shall be connected and bundled together. The cabinet shall be labeled "FIRE DEPARTMENT USE ONLY." Section 5. Tukwila Municipal Code Section 16.48.050 is hereby adopted to read as follows: 16.48.050 Standpipes. A. With regard to TMC 16.48.040, separate dry standpipes shall not be required if the standpipes and the sprinkler risers are the same pipes, that is, "wet" standpipes, as defined in Section 905 of the International Building Code. B. A second standpipe shall be installed in one stairwell with a separate feed from the main sprinkler riser room and a separate fire department connection system. Section 6. Tukwila Municipal Code Section 16.48.060 is hereby adopted to read as follows: 16.48.060 Parking Structures. All parking structures shall be equipped with a Fire Sprinkler System. Section 7. Tukwila Municipal Code Section 16.48.070 is hereby adopted to read as follows: 16.48.070 Standby Fire Pumps. Two standby fire pumps shall be provided and shall have automatic controls to utilize the emergency water supply. One pump shall be diesel powered. The other shall be electric and shall be capable of being powered from the building emergency power generator. All fire pump installations shall follow Chapter 9 of the IBC. IFC and NFPA 13. Section 8. Tukwila Municipal Code Section 16.48.080 is hereby adopted to read as follows: 16.48.080 Emergency Power Generator. An emergency power generator shall be provided and shall provide power for the following: 1. Emergency elevator; 2. Minimum lighting, including all exit stairs, exit lights and exit corridors; W: Word Processing \High Rise Amendment.doc DT:mrh Page 2 of 5 36 3. Stair tower pressurization; 4. Emergency communications system, including phone jacks; 5. Fire alarm system; 6. Electric fire pump; 7. Smoke removal equipment (if otherwise required); 8. Emergency evacuation notification system; 9. Fire Department control room. Section 9. Tukwila Municipal Code Section 16.48.090 is hereby adopted to read as follows: 16.48.090 Windows. If the building is not provided with openable windows on each floor, 10% of the windows on each floor shall be tempered glass with a 1 -3/4" diameter red circle on the upper left -hand corner of each window. Section 10. Tukwila Municipal Code Section 16.48.100 is hereby adopted to read as follows: 16.48.100 Smoke /Heat Detector System. Every building will have a full fire alarm system, in accordance with the standards set down by TMC Chapter 16.40 and NFPA 72. The building shall be provided with an approved smoke /heat detector system combined with manual pull- stations. Smoke detectors shall be installed in the elevator lobby of each floor and outside of the emergency stair tower doors on each floor. Fixed temperature heat detectors shall be installed in all mechanical equipment rooms. Both this detector system and the sprinkler system shall be monitored by an approved central station alarm agency, providing 24 -hour supervision. Section 11. Tukwila Municipal Code Section 16.48.110 is hereby adopted to read as follows: 16.48.110 Emergency Communications System. A. An emergency communications system shall be provided with jacks on each floor of each emergency stair tower and beside the emergency elevator. A minimum of six handsets shall be stored in a room, the location of which shall be designated by the Fire Marshal of the Fire Department (Section 907.2.12.3 of the IBC). B. Emergency responder radio coverage shall be provided in accordance with the 2009 Edition of the International Fire Code., Section 510. Section 12. Tukwila Municipal Code Section 16.48.120 is hereby adopted to read as follows: 16.48.120 Emergency Communications System Room. The room referred to in TMC 16.48.110 shall be of fire resistive construction (according to the standards set out in Section 911 of the International Building Code), shall ordinarily remain locked (the lock shall automatically release upon activation of either the fire detection or sprinkler system), and shall contain the following: 1. Emergency communication system controls; W: Word Processing \High Rise Amendment.doc DT:mrh Page 3 of 5 37 2. Fire alarm and sprinkler flow annunciator panels; 3. Controls to manually start and shut down the fire pumps; 4. An outside line telephone; 5. Smoke evacuation controls; 6. Elevator status panel. Section 13. Tukwila Municipal Code Section 16.48.130 is hereby adopted to read as follows: 16.48.130 Emergency Evacuation Notification System. The building must contain an emergency evacuation notification system in accordance with IBC Section 403 and that has been approved by the Fire Marshal of the Fire Department for use in that building. Section 14. Tukwila Municipal Code Section 16.48.140 is hereby adopted to read as follows: 16.48.140 Smoke Evacuation System. The building must contain a smoke evacuation system that has been approved by the Fire Marshal of the Fire Department for use in that building, taking into consideration the design of the heating, ventilation and air conditioning (HVAC) systems of the building (Section 909 of the IFC and the IBC). Section 15. Tukwila Municipal Code Section 16.48.150 is hereby adopted to read as follows: 16.48.150 Re inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. A re- inspection fee of $80 $100 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival the Fire Inspector finds the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. Section 16. Tukwila Municipal Code Section 16.48.160 is hereby adopted to read as follows: 16.48.160 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.48, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of W: \Word Processing \High Rise Amendment.doc DT:mrh Page 4 of 5 38 this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 17. Tukwila Municipal Code Section 16.48.170 is hereby adopted to read as follows: 16.48.170 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 18. Tukwila Municipal Code Section 16.48.180 is hereby adopted to read as follows: 16.48.180 Exceptions. Any exceptions to the items covered by this Chapter shall be granted by the Chief of the Fire Department or by the Fire Marshal. Requests for exception must be made in writing; exceptions granted or denied shall be in writing. Section 19. Repealer. Ordinance Nos. 2053, 2083 and 2133 are hereby repealed. Section 20. 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 21. 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 2011. 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 \High Rise Amendment.doc DT:mrh Page 5 of 5 39 40 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO BE CODIFIED AT TUKWILA MUNICIPAL CODE, CHAPTER 16.46, REGARDING CERTAIN FIRE PROTECTION STANDARDS FOR THE CONSTRUCTION OF MID -RISE BUILDINGS WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is concerned about the health, welfare and safety of persons working or residing in mid -rise buildings; and WHEREAS, the City wishes to provide appropriate standards for construction of mid -rise buildings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 16.46, "Fire Protection in Mid Rise Buildings," is hereby established to read as follows: CHAPTER 16.46 FIRE PROTECTION IN MID -RISE BUILDINGS Sections: 16.46.010 Story Defined 16.46.020 Scope and Construction of Chapter 16.46.030 Sprinkler Systems 16.46.040 Fire Hose Racks 16.46.050 Standpipes 16.46.060 Parking Structures 16.46.070 Standby Fire Pumps 16.46.080 Emergency Power Generator 16.46.090 Windows 16.46.100 Smoke /Heat Detector System 16.46.110 Emergency Communications System 16.46.120 Emergency Communications System Room 16.46.130 Emergency Evacuation Notification System 16.46.140 Smoke Evacuation System W: \Word Processing \Mid Rise New Regulations.doc DT:mrh Page 1 of 6 41 16.46.150 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections 16.46.160 Violations Penalties 16.46.170 Appeals 16.46.180 Exceptions Section 2. Tukwila Municipal Code Section 16.46.010 is hereby established to read as follows: 16.46.010 Story Defined. As used herein, the terms "Story" and "Building Height" shall be as defined in the Washington State Building Code. Section 3. Tukwila Municipal Code Section 16.46.020 is hereby established to read as follows: 16.46.020 Scope and Construction of Chapter. A. TMC Chapter 16.46 shall apply only to buildings between four stories or 40 feet and eight stories or 75 feet to the occupied floor from the lowest level of Fire Department Vehicle Access. In all other respects, the provisions of the International Building Code (IBC), as found in TMC Chapter 16.04, and the International Fire Code (IFC), as found in TMC Chapter 16.16, shall be generally applicable to TMC Chapter 16.46 including, but not limited to, provisions for the issuance of permits and collection of fees therefor, and provisions for penalties for violations and establishing administrative appeal procedures. B. If, in any specific case, TMC Chapter 16.46 specifies materials, methods of construction or other requirements that are different from those specified in any other part of the Tukwila Building Code (TMC Chapter 16.04), the more restrictive requirement shall govern. C. Buildings constructed of Type VA Construction (light wood frame construction) as outlined in TMC Chapter 16.04 as written by the Tukwila Building Official, shall be considered to meet the intent of this ordinance. Section 4. Tukwila Municipal Code Section 16.46.030 is hereby established to read as follows: 16.46.030 Sprinkler Systems. Every building shall be fully sprinklered in accordance with the standards set down in NFPA (National Fire Protection Association) #13, minimum light hazard with no omissions allowed in guest rooms and sleeping areas and ordinary hazard in all other common areas. Section 5. Tukwila Municipal Code Section 16.46.040 is hereby established to read as follows: 16.46.040 Fire Hose Racks. Buildings over four stories shall have in the stair tower, adjacent to the standpipe, beginning on the third floor and alternating every other floor, in hose cabinets, 150 feet of 1 -3/4" double jacket hose with 1 -1/2" NST hose couplings. The hose lengths shall be connected and bundled together. The cabinet shall be labeled "FIRE DEPARTMENT USE ONLY." Section 6. Tukwila Municipal Code Section 16.46.050 is hereby established to read as follows: W: \Word Processing \Mid Rise New Regulations.doc DT:mrh Page 2 of 6 42 16.46.050 Standpipes. A. With regard to TMC Section 16.46.040, separate dry standpipes shall not be required if the standpipes and the sprinkler risers are the same pipes, that is, "wet" standpipes, as defined in Section 905 of the International Building Code. B. A second standpipe shall be installed in one stairwell with a separate feed from the main sprinkler riser room and separate fire department connection system. Section 7. Tukwila Municipal Code Section 16.46.060 is hereby established to read as follows: 16.46.060 Parking Structures. All parking structures shall be equipped with an automatic Fire Sprinkler System. Section 8. Tukwila Municipal Code Section 16.46.070 is hereby established to read as follows: 16.46.070 Standby Fire Pumps. Two standby fire pumps shall be provided and shall have automatic controls to utilize the emergency water supply. One pump shall be diesel powered. The other shall be electric and shall be capable of being powered from the building emergency power generator. Fire pumps may not be required if the fire sprinkler system hydraulic calculations do not require the use of the fire pump for system operation. Section 9. Tukwila Municipal Code Section 16.46.080 is hereby established to read as follows: 16.46.080 Emergency Power Generator. An emergency power generator shall be provided and shall provide power for the following: 1. Emergency elevator; 2. Minimum lighting, including all exit stairs, exit lights and exit corridors; 3. Stair tower pressurization; 4. Emergency communications system, including phone jacks; 5. Fire alarm system; 6. Electric fire pump; 7. Smoke removal equipment (if otherwise required); 8. Emergency evacuation notification system; 9. Fire Department control room. Section 10. Tukwila Municipal Code Section 16.46.090 is hereby established to read as follows: 16.46.090 Windows. If the building is not provided with openable windows on each floor, 10% of the windows on each floor shall be tempered glass with a 1 -3/4" diameter red circle on the upper left-hand corner of each window. Section 11. Tukwila Municipal Code Section 16.46.100 is hereby established to read as follows: 16.46.100 Smoke /Heat Detector System. Every building will have a full fire alarm system, in accordance with the standards set down by TMC Chapter 16.40 and W: \Word Processing \Mid Rise New Regulations.doc DT:mrh Page 3 of 6 43 NFPA 72. The building shall be provided with an approved smoke /heat detector system combined with manual pull- stations. Smoke detectors shall be installed in the elevator lobby of each floor and outside of the emergency stair tower doors on each floor. Fixed temperature heat detectors shall be installed in all mechanical equipment rooms. Both this detector system and the sprinkler system shall be monitored by an approved central station alarm agency, providing 24 -hour supervision. Section 12. Tukwila Municipal Code Section 16.46.110 is hereby established to read as follows: 16.46.110 Emergency Communications System. A. An emergency communications system shall be provided with jacks on each floor of each emergency stair tower and beside the emergency elevator. A minimum of six handsets shall be stored in a room, the location of which shall be designated by the Fire Marshal of the Fire Department (Section 907.2.12.3 of the IBC). B. Emergency responder radio coverage shall be provided in accordance with the 2009 Edition of the International Fire Code Section 510. Section 13. Tukwila Municipal Code Section 16.46.120 is hereby established to read as follows: 16.46.120 Emergency Communications System Room. The room referred to in TMC Section 16.46.110 shall be of fire resistive construction (according to the standards set out in Section 911 of the International Building Code), shall ordinarily remain locked (the lock shall automatically release upon activation of either the fire detection or sprinkler system), and shall contain the following: 1. Emergency communication system controls; 2. Fire alarm and sprinkler flow annunciator panels; 3. Controls to manually start and shut down the fire pumps; 4. An outside line telephone; 5. Smoke evacuation controls; 6. Elevator status panel. Section 14. Tukwila Municipal Code Section 16.46.130 is hereby established to read as follows: 16.46.130 Emergency Evacuation Notification System. The building must contain an emergency evacuation notification system in accordance with IBC Section 403 and that has been approved by the Fire Marshal of the Fire Department for use in that building. Section 15. Tukwila Municipal Code Section 16.46.140 is hereby established to read as follows: 16.46.140 Smoke Evacuation System. The building must contain a smoke evacuation system that has been approved by the Fire Marshal of the Fire Department for use in that building, taking into consideration the design of the heating, ventilation and air conditioning (HVAC) systems of the building (Section 909 of the IFC and IBC). Section 16. Tukwila Municipal Code Section 16.46.150 is hereby established to read as follows: W. \Word Processing \Mid Rise New Regulations.doc DT:mrh Page 4 of 6 44 16.46.150 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. A re- inspection fee of $60 $100 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival the Fire Inspector finds the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. Section 17. Tukwila Municipal Code Section 16.46.160 is hereby established to read as follows: 16.46.160 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.46, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 18. Tukwila Municipal Code Section 16.46.170 is hereby established to read as follows: 16.46.170 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 19. Tukwila Municipal Code Section 16.46.180 is hereby established to read as follows: 16.46.180 Exceptions. Any exceptions to the items covered by this chapter shall be granted by the Chief of the Fire Department or by the Fire Marshal. Requests for exception must be made in writing; exceptions granted or denied shall be in writing. Section 20. 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. W: \Word Processing \Mid Rise New Regulations.doc DT:mrh Page 5 of 6 45 Section 21. 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 2011. 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 \Mid Rise New Regulations.doc DT:mrh Page 6 of 6 46 WASHINGTON STATE AMENDMENTS WAC 51 -51 -60105 APPENDIX R DWELLING UNIT FIRE SPRINKLER SYSTEMS (Note: Appendix R is an extraction of Section P2904) AR105.1 General. Where installed, residential fire 2. In attics. sprinkler systems, or portions thereof, shall be in 3. In concealed spaces located directly beneath a roof. accordance with NFPA 13D or Appendix R, which shall be distance 4. Within the to a heat source as specified in considered equivalent to NFPA 13D. Appendix R shall Table the is 2.2. apply to stand-alone and multipurpose wet pipe sprinkler AR105.2.3 Freezing areas. Piping shall be protected from systems that do not include the use of antifreeze. A freezing. Where sprinklers are required in areas that are multipurpose fire sprinkler system shall supply domestic subject to freezing, dry- side -wall or dry pendent sprinklers water to both fire sprinklers and plumbing fixtures. A extending from a nonfreezing area into a freezing area shall stand -alone sprinkler system shall be separate and be installed. independent from the water distribution system. AR105.1.1 Required sprinkler locations. Sprinklers shall AR105.2.4 Sprinkler coverage. Sprinkler coverage be installed to protect all areas of a dwelling unit. requirements and sprinkler obstruction requirements shall be in accordance with Sections AR105.2.4.1 and Exceptions: AR105.2.4.2. I. Attics, crawl spaces and normally unoccupied concealed spaces that do not contain fuel -fired AR105.2.4.1 Coverage area limit. The area of coverage appliances do not require sprinklers. In attics, crawl of a single sprinkler shall not exceed 400 square feet (37 spaces and normally unoccupied concealed spaces m and shall be based on the sprinkler listing and the that contain fuel -fired equipment, a sprinkler shall sprinkler manufacturer's installation instructions. be installed above the equipment; however, AR105.2.4.2 Obstructions to coverage. Sprinkler sprinklers shall not be required in the remainder of discharge shall not be blocked by obstructions unless the space. additional sprinklers are installed to protect the obstructed 2. Clothes closets, linen closets and pantries not area. Sprinkler separation from obstructions shall comply exceeding 24 square feet (2.2 m in area, with the with the minimum distances specified in the sprinkler smallest dimension not greater than 3 feet (915 mm) manufacturer's instructions. and having wall and ceiling surfaces of gypsum board. AR105.2.4.2.1 Additional requirements for pendent sprinklers. Pendent sprinklers within 3 feet (915 mm) of 3. Bathrooms not more than 55 square feet (5.1 m in the center of a ceiling fan, surface mounted ceiling area. luminaire or similar object shall be considered to be 4. Garages; carports; exterior porches; unheated entry areas, such as mud rooms, that are adjacent to an obstructed, and additional sprinklers shall be installed. exterior door; and similar areas. AR105.2.4.2.2 Additional requirements for sidewall AR105.2 Sprinklers. Sprinklers shall be new listed sprinklers. Sidewall sprinklers within 5 feet (1524 mm) of residential sprinklers and shall be installed in accordance the center of a ceding fan, surface mounted ceiling with the sprinkler manufacturer's installation instructions. luminaire or similar object shall be considered to be obstructed, and additional sprinklers shall be installed. AR105.2.1 Temperature rating and separation from heat sources. Except as provided for in Section AR105.2.5 Sprinkler installation on systems assembled ARl 05.2.2, sprinklers shall have a temperature rating of not with solvent cement. The solvent cementing of threaded less than 135 °F (57 °C) and not more than 170 °F (77 °C). adapter fittings shall be completed and threaded adapters Sprinklers shall be separated from heat sources as required for sprinklers shall be verified as being clear of excess by the sprinkler manufacturer's installation instructions. cement prior to the installation of sprinklers on systems assembled with solvent cement. AR105.2.2 Intermediate temperature sprinklers. Sprinklers shall have an intermediate temperature rating not AR105.2.6 Sprinkler modifications prohibited. Painting, Tess than 175 °F (79 °C) and not more than 225 °F (107 °C) caulking or modifying of sprinklers shall be prohibited. where installed in the following locations: Sprinklers that have been painted, caulked, modified or 1. Directly under skylights, where the sprinkler is damaged shall be replaced with new sprinklers. exposed to direct sunlight. (Insert as Page 856a) Effective July 1, 2010 47 2009 INTERNATIONAL RESIDENTIAL CODE TABLE AR105.2.2 LOCATIONS WHERE INTERMEDIATE TEMPERATURE SPRINKLERS ARE REQUIRED RANGE OF DISTANCE FROM HEAT SOURCE WITHIN WHICH HEAT SOURCE INTERMEDIATE TEMPERATURE SPRINKLERS ARE REQUIRED" (inches) Fireplace, side of open or recessed fireplace 12 to 36 Fireplace, front of recessed fireplace 36 to 60 Coal and wood burning stove 12 to 42 Kitchen range top 9 to 18 Oven 9 to 18 Vent connector or chimney connector 9 to 18 Heating duct, not insulated 9 to 18 Hot water pipe, not insulated 6 to 12 Side of ceiling or wall warn air register 12 to 24 Front of wall mounted warm air register 18 to 36 Water heater, furnace or boiler 3 to 6 Luminaire up to 250 watts 3 to 6 Luminaire 250 watts up to 499 watts 6 to 12 For IS: 1 inch 25.4 mm. a. Sprinklers shall not be located at distances less than the minimum table distance unless the sprinkler listing allows a lesser distance. b. Distances shall be measured in a straight line from the nearest edge of the heat source to the nearest edge of the sprinkler. AR105.3 Sprinkler piping system. Sprinkler piping shall AR105.3.3 Single dwelling limit. Piping beyond the be supported in accordance with the requirements for cold service valve located at the beginning of the water water distribution piping. Sprinkler piping shall comply distribution system shall not serve more than one dwelling. with all requirements for cold water distribution piping. For AR105.3.4 Drain. A means to drain the sprinkler system multipurpose piping systems, the sprinkler piping shall shall be provided on the system side of the water connect to and be a part of the cold water distribution distribution shutoff valve. piping system. AR105.4 Determining system design flow. The flow for AR105.3.1 Nonmetallic pipe and tubing. Nonmetallic sizing the sprinkler piping system shall be based on the pipe and tubing, such as CPVC and PEX, shall be listed for flow rating of each sprinkler in accordance with Section use in residential fire sprinkler systems. AR105.4.1 and the calculation in accordance with Section AR105.3.1.1 Nonmetallic pipe protection. Nonmetallic AR105.4.2. pipe and tubing systems shall be protected from exposure to AR105.4.1 Determining required flow rate for each the living space by a layer of not less than 3/8 -inch (9.5 sprinkler. The minimum required flow for each sprinkler mm) thick gypsum wallboard, 1/2 -inch thick plywood (13 shall be determined using the sprinkler manufacturer's mm), or other material having a 15- minute fire rating. published data for the specific sprinkler model based on all Exceptions: of the following: 1. Pipe protection shall not be required in areas that do not require protection with sprinklers as specified in 1. The area of coverage. Section AR105.1.1. 2. The ceiling configuration. 2. Pipe protection shall not be required where exposed 3. The temperature rating. piping is permitted by the pipe listing. 4. Any additional conditions specified by the sprinkler AR105.3.2 Shutoff valves prohibited. With the exception manufacturer. of shutoff valves for the entire water distribution system, AR105.4.2 System design flow rate. The design flow rate valves shall not be installed in any location where the valve for the system shall be based on the following: would isolate piping serving one or more sprinklers. 1. The design flow rate for a room having only one sprinkler shall be the flow rate required for that sprinkler, as determined by Section AR105.4.1. (Insert as Page 856b) Effective July 1, 2010 48 WASHINGTON STATE AMENDMENTS 2. The design flow rate for a room having two or more Loss in piping and identifying a piping material, diameter sprinklers shall be determined by identifying the and length using the equation in Section AR105.6.2.1 and sprinkler in that room with the highest required flow the procedure in Section AR105.6.2.2. rate, based on Section AR105.4.1, and multiplying AR105.6.2.1 Available pressure equation. The pressure that flow rate by 2. available to offset friction loss in the interior piping system 3. Where the sprinkler manufacturer specifies different (Pt) shall be determined in accordance with Equation AR -1. criteria for ceiling configurations that are not smooth, flat and horizontal, the required flow rate for that P Psup PL PL,,, Pi PsP (Equation AR 1) PLd room shall comply with the sprinkler manufacturer's Where: instructions. P Pressure used in applying Tables 4. The design flow rate for the sprinkler system shall be P2904.6.2(4) through P2904.6.2(9). the flow required by the room with the largest flow P sup Pressure available from the water supply rate, based on Items 1, 2 and 3. source. 5. For the purpose of this section, it shall be permissible PLs „c Pressure loss in the water service pipe. to reduce the design flow rate for a room by subdividing the space into two or more rooms, where PL,,, Pressure loss in the water meter. each room is evaluated separately with respect to the required design flow rate. Each room shall be PLd Pressure loss from devices other than the bounded by walls and a ceiling. Openings in walls water meter. shall have a lintel not less than 8 inches (203 mm) in Pl Pressure loss associated with changes in depth and each lintel shall form a solid barrier elevation between the ceiling and the top of the opening. Ps, Maximum pressure required by a sprinkler. AR105.5 Water supply. The water supply shall provide not less than the required design flow rate for sprinklers in AR105.6.2.2 Calculation procedure. Determination of the accordance with Section AR105.4.2 at a pressure not less required size for water distribution piping shall be in than that used to comply with Section AR105.6. accordance with the following procedure: AR105.5.1 Water supply from individual sources. Step 1 Determine P Where a dwelling unit water supply is from a tank system, a Obtain the static supply pressure that will be available from private well system or a combination of these, the available the water main from the water purveyor, or for an water supply shall be based on the minimum pressure individual source, the available supply pressure shall be in control setting for the pump. accordance with Section AR105.5.1. AR105.5.2 Required capacity. The water supply shall Step 2 Determine PL„, have the capacity to provide the required design flow rate Use Table P2904.6.2(1) to determine the pressure loss in for sprinklers for a period of time as follows: the water service pipe based on the selected size of the 1. 7 minutes for dwelling units one story in height and water service. less than 2,000 square feet (186 m in area. Step 3 Determine PL,,, 2. 10 minutes for dwelling units two or more stories in Use Table P2904.6.2(2) to determine the pressure Loss from height or equal to or greater than 2,000 square feet the water meter, based on the selected water meter size. (186 m in area. Step 4 Determine PL Where a well system, a water supply tank system or a Determine the pressure loss from devices other than the combination thereof is used, any combination of well water meter installed in the piping system supplying capacity and tank storage shall be permitted to meet the sprinklers, such as pressure- reducing valves, backflow capacity requirement. preventers, water softeners or water filters. Device pressure AR105.6 Pipe sizing. The piping to sprinklers shall be losses shall be based on the device manufacturer's sized for the flow required by Section AR105.4.2. The flow specifications. The flow rate used to determine pressure required to supply the plumbing fixtures shall not be loss shall be the rate from Section AR105.4.2, except that 5 required to be added to the sprinkler design flow. gpm (0.3 L /S) shall be added where the device is installed in a water- service pipe that supplies more than one AR105.6.1 Method of sizing pipe. Piping supplying dwelling. As alternative to deducting pressure loss for a sprinklers shall be sized using the prescriptive method in device, an automatic bypass valve shall be installed to Section AR105.6.2 or by hydraulic calculation in divert flow around the device when a sprinkler activates. accordance with NFPA 13D. The minimum pipe size from the water supply source to any sprinkler shall be 3/4 inch (19 mm) nominal. Threaded adapter fittings at the point where sprinklers are attached to the piping shall be a (Insert as Page 856d) minimum of 1/2 inch (13 mm) nominal. AR105.6.2 Prescriptive pipe sizing method. Pipe shall be sized by determining the available pressure to offset friction Effective July 1, 2010 49 2009 INTERNATIONAL RESIDENTIAL CODE Step 5 Determine PLe 3. Sprinklers are the correct temperature rating and are Use Table P2904.6.2(3) to determine the pressure Loss installed at or beyond the required separation associated with changes in elevation. The elevation used in distances from heat sources as required by Sections applying the table shall be the difference between the AR105.2.1 and AR105.2.2. elevation where the water source pressure was measured 4. The pipe size equals or exceeds the size used in and the elevation of the highest sprinkler. applying Tables P2904.6.2(4) through P2904.6.2(9) Step 6 Determine 13„, or, if the piping system was hydraulically calculated Determine the maximum pressure required by any in accordance with Section AR105.6.1, the size used individual sprinkler based on the flow rate from Section in the hydraulic calculation. AR105.4.1. The required pressure is provided in the 5. The pipe length does not exceed the length permitted sprinkler manufacturer's published data for the specific by Tables AR105.6.2(4) through AR105.6.2(9) or, if sprinkler model based on the selected flow rate. the piping system was hydraulically calculated in accordance with Section AR105.6.1, pipe lengths and Step 7 Calculate P, Using Equation AR -I, calculate the pressure available to fittings do not exceed those used in the hydraulic offset friction loss in water distribution piping between the calculation. service valve and the sprinklers. 6. Nonmetallic piping that conveys water to sprinklers is listed for use with fire sprinklers. Step 8 Determine the maximum allowable pipe length 7. Piping is supported in accordance with the pipe Use Tables P2904.6.2(4) through P2904.6.2(9) to select a manufacturer's and sprinkler manufacturer's material and size for water distribution piping. The piping installation instructions. material and size shall be acceptable if the developed length of pipe between the service valve and the most remote 8. The piping system is tested in accordance with the sprinkler does not exceed the maximum allowable length plumbing code. specified by the applicable table. Interpolation of P AR105.8.2 Final inspection. The following items shall be between the tabular values shall be permitted. verified upon completion of the system: The maximum allowable length of piping in Tables 1. Sprinklers are not painted, damaged or otherwise P2904.6.2(4) through P2904.6.2(9) incorporates an hindered from operation. adjustment for pipe fittings, and no additional consideration 2. Where a pump is required to provide water to the of friction losses associated with pipe fittings shall be system, the pump starts automatically upon system required. water demand. AR105.7 Instructions and signs. An owner's manual for 3. Pressure reducing valves, water softeners, water the fire sprinkler system shall be provided to the owner. A filters or other impairments to water flow that were sign or valve tag shall be installed at the main shutoff valve not part of the original design have not been installed. to the water distribution system stating the following: 4. The sign or valve tag required by Section AR105.7 is "Warning, the water system for this home supplies fire installed and the owner's manual for the system is sprinklers that require certain flows and pressures to fight a present. fire. Devices that restrict the flow or decrease the pressure or automatically shutoff the water to the fire sprinkler system, such as water softeners, filtration systems and automatic shutoff valves, shall not be added to this system without a review of the fire sprinkler system by a fire protection specialist. Do not remove this sign." AR105.8 Inspections. The water distribution system shall be inspected in accordance with Sections AR105.8.1 and AR105.8.2. AR105.8.1 Preconcealment Inspection. The following items shall be verified prior to the concealment of any sprinkler system piping: 1. Sprinklers are installed in all areas as required by Section AR105.1.1. 2. Where sprinkler water spray patterns are obstructed by construction features, luminaires or ceiling fans, additional sprinklers are installed as required by Section AR105.2.4.2. (Insert as Page 856e) Effective July 1, 2010 50 WASHINGTON STATE AMENDMENTS WAC 51 -51 -60107 APPENDIX S FIRE SPRINKLERS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. AS107.1 Fire sprinklers. An approved automatic fire sprinkler system shall be installed in new one family and two family dwellings and townhouses in accordance with Appendix R. (Insert as Page 856f) Effective July 1, 2010 51 ..t- 'XS ti f j 5- 2 i s 3sgt{ .s i ��s-ws �Ft �y i" a -4 .n 5 4r uoje }w ain adwa; pue awl.; Jul )oogpueH umPa ;o a a' J VdJN aa `w a l A k- 2� 1'.i- T :�vs 3 ,.,`rlF..,_ yi -r.. f:.. if �y'u k�''�" �'n ':cam -r-,- W ,�v z W N 1 O W H F^ 4 E &t4 u O Ce La y pk Q as Et IT x O V 4 y :',,'"':?;""f".16.•-t... i. 4 l `�t e a r. A\ V' z a ,�z-t Fr ;r 'E rig 2 ,,il z-,. 'ter.' .a+ ss r Vf g w. to N. K .:0y R m leA: 2 :-..:-rit,i,‘,,V, to V v° HERS %..r.- C V O l •L f"41 g` �W p„ Q W Na' k U C. CLI �f J NI r r. O h+l OII _»zzc x+ fl ��W W F x a 4, 4', 4;,. V� T ga, t 4 N 1111 ,1-5.--.! 4 n„� Ei y r 3 rte', 'Z u �n Z wd H Zia r Q a w 7: e dx'i' x 3-c. Q N N e y n n crk v c W Q s a F N s. a Ak' ?'g,. OO Q s V �L r Q W ce N J 54. .,,Ilitr.tir.t.'il.' I". i. -t, t S, -':_,--7-'-' N OI1sn8W O)1 0 slD( d u M W til o 0 0 0 0 0 a 0 O O to O O d co O C) co Co N- O E CO CO 00 C CO N E o N H t ti 0 ti 69 W V tn. cs3 E 0 0 0 o O o O o 1-w a co c\i o 0 m L CO N- r` O V co 00 N 0 CO t (gLLO to 69 d d V N O O 0 0 d M CO M M LL R CO M 10 co 41 w E{} 69 wy 0 Lo TS L CV O r C CC) u) u) N t6 00 co N as c6 co- w 0 Q LL 0 U) T T P d co O O- -.E. O E O N {p C O r O to O to O 4 .c O LL N_ N CO 2 cV 2 M V r 64 Eft K} CA b4 EA L m m O a) C c O 0 0 0 O O 0 R 0) 0 0 O 0 0 0 0) O 0 O O O O 0 0 0 0 0 O a Y N a) u G 00 OO 0 0 y H R 7 d 4 •ct 1- -4: 4 4 4. d- 4 R a2 vv �tv' -1- .o- ..o- -1- �-71-v� o C C O C O O co C O O O co O O co t 4) N co O .V O co .0 co t a) N O O Q N Q M M 2 CD U 0 .c 0 .c O Q N CO b4 ER (O c\110 0 L N r- f 1 r U U 'L 'L to to u) (0 L L N N O N L 0 C C co g O E E •c •.c L d c c n0 7 (a m 0 1- o) 53 Highline Water District King County, Washington RESOLUTION 10 -11 -3D RESOLUTION AUTHORIZING AN AMENDMENT TO HIGHLINE WATER DISTRICT CODE (HWDC) SECTION 6.04.060 GENERAL FACILITIES CHARGE DEFINED, TABLE 13 ERU FOR SINGLE FAMILY USERS WHEREAS, jurisdictions within the District's service area are considering and adopting ordinances to require all new single family residences to have automatic sprinkler systems; and WHEREAS, the District supports the Fire Department's goal of protecting life and safety; and WHEREAS, the District's General Facilities Charge is currently based on the size of meter and ERU Unit as identified in Section 6.04.060, Table 13 ERU for Single Family Users of the District Codebook;and WHEREAS, single family homes may be required to upsize the meter from 3 /4" to 1" solely to accommodate the automatic sprinkler system. WHEREAS, the proposed revision (highlighted) to Section 6.04.060, Table 13 ERU for Single Family Users is as follows: SECTION 6 U4,06o' TABLE: 3 ERtJ FOR'.SINGLE- FAMILY USERS:. '(Revised per t esotutfpn. E ctt.ve I /:I /t )r. Meter Size j ERU Unit GFC 5/8" 3/4" 1 $2,886 1" 2 $5,772 1.5" 5 $14,430 2" 8 $23,088 3" 16 $46,176 4" 25 $72,150 6" 50 $144,300 8" 80 $230,880 Commercial: An ERU Unit is the number of units determined, based on meter size, as described in HWDC 6.12.010 Table 1. Residential Fire Sprinkler Systems: In jurisdictions where an.automatic fire sprinkler is required for one family dwellings, the GFC for a 1" meter will be based on one ERU Unit, if the increase in meter size from 3 /4" to 1" is required so'ely to accommodate the automatic fire sprinkler. The Applicant shall provide documentation that a: 3/4 meter is sufficient based on the plumbing fixture count, in accordance with Tables 6 -5 and 6 -6 Of the' Unifdf(n Plumbing Code: F\HOME \MARvADMIN \BOARD RESOLUTIONS12010 RES 10- 11- 3D_AUTHORIZE REVISION OF HWOC (6 04.060_GFC- DEFINED_TABLE 13 -ERU FOR SFU).DOCX Page 1 of 2 54 High line Water District King County, Washington RESOLUTION 10-11-3D NOW, THEREFORE, BE IT RESOLVED: The Board of Commissioners authorizes the General Manager or designee to amend High line Water District Code (HWDC) Section 6.04.060. Table 13 General Facilities Charoe Defined (as referenced in this document and incorporated herein). The amendment will take effect on December 1, 2010. ADOPTED BY THE BOARD OF COMMISSIONERS of High line Water District, King County, Washington, at a Regular Open Public Meeting held this 3rd day of November 2010. BOARD OF COMMISSIONERS, ,/(athleen/Quccn President Gerald R. Guite, Secret' 72 Li-- Daniel Comrais Georg Landon,t ommissioner Vince Koester, Commissioner F: \HOMEWARY \BOARD RESOLUTIONS \2010 RES \10-11-30AUTHORIZE REVISION OEHVIDC (6.04.060GFC-DEFINED_TABLE 13-EAU FOR SFU).DOCX Page 2 of 2 55 56 4. ILA i lei,' 1 7" 1 d..k, Z Tukwila Fire Department v Interdepartmental Memo 190 February 15, 2011 To: Mayor Haggerton Finance and Safety Committee From: B/C Tomaso RE: Fire and Building Ordinance Comparison Below is the comparison that was done by Bob Benedicto and myself for the ordinances that will be affected with the 5 over 1 that is proposed. Building Department 5 over 1 Ordinance. Allow five story buildings of Type VA construction. (Conventional light wood frame construction protected by one hour fire resistive assemblies) Provide a tool to build an economically viable mixed use multi family buildings while providing equal or greater protection to occupants as would be provided by a current code prescribed four story light wood frame building. Allows one additional story and 15 feet in additional height to the code prescribed limits. Maximum building height, 65 feet. Allows a 25% increase in the code prescribed allowable area limits. For these increases, the special provisions of this ordinance require one -hour fire resistive construction throughout, no exceptions. First story structural members are to be protected with two -hour fire resistive construction. No exceptions allowed for fire sprinkler coverage. All other provisions for this building type are otherwise required by current code provisions. Construction of a building by these provisions is deemed equivalent to the Fire Department Mid -rise ordinance, i.e. Fire Department mid -rise ordinance is superseded. 57 Only, R -1 R -2 (hotels, apartments, condos) occupancies allowed above the first story. Existing code provisions permits the construction of this proposed building over a Type 1, Open Parking Garage, for the 5 over 1 concept, no additional special provisions required. Overall height limit 65 feet. Mid -rise ordinance by Fire Department. This ordinance applies to buildings between four stories or 40 feet and eight stories and 75 feet. To the occupied floor from the lowest level of fire department access. (This is a clarification to the height definition as requested by Building) Buildings constructed under the provisions TMC 16.05, (five story light wood frame construction) are considered to meet the intent of this Ordinance. (This is language that exempts the five story Type VA building from these provisions) Sprinkler system, NFPA 13 (only) minimum light hazard with no exceptions in guest rooms and sleeping areas. ordinary hazard in all other common areas. (This is consistent with the Fire Department's sprinkler ordinance) A second standpipe required in one stair well with a separate feed from sprinkler riser room and separate fire department connection system. (This is a new requirement in the building code for genuine high rise buildings) Clarification: Fire pumps required if sprinkler system hydraulic calculation do not require use of the fire pump system. (Previous version of this ordinance required two fire pumps, one electric one diesel, outright.) Emergency responder radio coverage shall be provided in accordance with 2009 IBC. (This is a new provision for real high -rise buildings that has now been adopted in this mid -rise ordinance). Smoke evacuation system approved by the Fire Department remains in this ordinance. By mechanical means. All other language in this ordinance remains as stated in the existing Fire Department "High rise" ordinance. High rise ordinance by Fire Department. Amendments to 2009 IBC High Rise provisions. Ordinance applies only to buildings in excess of eight stories or 75 feet. 58 Requires fire hose racks in stair towers in buildings over eight stories, on third floor and alternating floors. Standby fire pumps required, one electric and one diesel powered. Break -out or open able windows for smoke /heat evacuation. Remainder of language in this ordinance repeats requirements that are in the 2009 IBC high -rise provisions. Also stated is that where conflicts between the IBC and this ordinance occur, the more restrictive requirement shall prevail. 59 60 .x iL.4 =0; s City of Tukwila '.r o Finance and Safety Committee zl9Q1 FINANCE AND SAFETY COMMITTEE Meeting Minutes March 22, 2011 5 :00 p.m.; Conference Room #3 PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Shawn Hunstock, Derek Speck, Bob Benedicto, Don Tomaso and Kimberly Matej CALL TO ORDER: Chair Hougardy called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila Municipal Code Amendments Staff is seeking Council approval of several amendments to the Tukwila Municipal Code (TMC) as outline below. Five -Story Type VA Construction Staff is proposing an amendment to the TMC that would increase the limitation for a Type VA building classification from its current four -story limit to a five -story limit plus a 25% increase of allowable area limitations. The building must be conventional light frame wood construction and would be required o have an automatic fire alarm system, two -hour fire restrictive construction of stair and shaft enclosures, pressurized stair and elevator shaft enclosures and an automatic fire sprinkler system. The proposal makes the new, increased building size safer than current size limitations. This increase to Five -Story Type VA Construction has been adopted by the State Building Code Council as a permanent rule as of July 1, 2011. Additionally, the following cities are adopting this amendment into their local codes: Seattle, Portland, Tacoma, Everett, Federal Way, SeaTac and Burien. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Code Updates Relating to Fire Several of the code amendments outlined below are based on changes to the International Fire Code which is updated every three years, and others are related specifically to need identified within the City. Fire Sprinklers Staff is proposing a revision to the fire sprinkler ordinance which currently requires sprinkler installation in any new construction over 5,000 square feet regardless of use (commercial or residential). The draft ordinance requires fire sprinklers to be installed in all new residential construction and in all commercial construction over 500 square feet. Other changes to the ordinance are general house keeping items that are not substantive changes. Fire Marshal Don Tomaso stated that he would check with Pat Brodin in Public Works to see if Cascade Water connection fees could be adjusted to accommodate for increased meter sizes due to sprinkler installation requirements. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Fire Alarms The majority of changes to this ordinance are minor and grammatical in nature. Staff pointed out that the room size for required audible devices is now indentified as a room of 130 square feet in size or larger. 61 Finance Safety Committee Minutes March 22, 2011— Paae 2 Additionally, horn/strobe candelas (light intensity) requirements have increased to address inhabitants at slumber. The Permit Expiration section (see page 28 of Committee agenda packet) has been duplicated from the City's building code. The most significant change to this ordinance is in Section 11, 16.40.100 Applicability, No. 6 (see page 25 on the Committee agenda packet), which requires existing commercial/industrial buildings with an existing fire alarm system to be upgraded to current code requirements when sold. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. High -Rise Construction This draft ordinance changes the current definition of high -rise from 40 -feet or four stories and above to 75 -feet or eight stories and above. The mid -rise construction ordinance below, which is new, addresses buildings less than 75 -feet or eight stories and more than 40 -feet or four stories. In addition to this change, Section 5, 16.48.050, Letter B (see page 30 of the Committee agenda packet) requires installation of a second standpipe which is a Labor and Industries requirement for Rapid Intervention Teams. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Mid -Rise Construction This entire draft ordinance is new and addresses buildings above 40 -feet or four stories and below 75 -feet or eight stories. Similar to high -rise requirements, but slightly less restrictive, this ordinance is more fairly applicable to smaller buildings. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Fire Lane Violations Staff is seeking Council approval of an amendment to the current ordinance regarding violations and penalties for fire code violations (TMC Section 16.16.110). Currently, this ordinance classifies all fire code violations as gross misdemeanors. This means that when issuing a fire lane violation, firefighters must identify the operator of the vehicle and issue the citation to the person. Staff is proposing fire violations be reclassified to civil infractions. Issuing a violation that is classified as a civil infraction allows the citation to be issued to the registered owner of the vehicle, avoiding possible confrontation with the vehicle's operator. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. B. Ordinance Amendment: Business License and RGRL Staff is seeking Council approval to make changes to the following items in the current business license/RGRL ordinance: temporary license, non -profit exemption, appeal_ process and fee and multiple RGRL fee assessments. After a lengthy discussion, questions still remained on the issue of temporary licenses. Committee Members would like to further consider the definition and applicability of the temporary license. Shawn Hunstock distributed a List of short-term license requirements in surrounding cities. There is no common theme among license requirements, and each city has implemented different restrictions and/or requirements. Committee Members expressed an interest in this item returning to Committee for additional discussion prior to moving forward to full Council. Committee Members would like to receive input/feedback from Parks and Recreation and other departments as appropriate to determine how the temporary license requirements effect City- sponsored events (ie: Backyard Wildlife Fair) as compared to private events (ie: SkiBonkers). Items to be considered are: revenues earned, length of license, consecutive day definitions and exemptions and /or exceptions as appropriate. Other items of discussion included: the definition of home occupations in the Zoning Code, clarification of RGRL fee applicability to rental properties and modification of the RGRL /business license forms for next year's renewal cycle. In closing, Committee Members also expressed a desire to understand in more 62 COUNCIL AGENDA SvNoPsIs �I ILA .i �J� Q Initials ITEM NO. 4 Meet iir� Date 1 Pr epared by 1 Mg_y evieu Council revieav 03/28/11 1 CO I 1 I 04/04/11 I CO I I 1 2 908 I I I I A.( 3) ITEM INFORMATION CAS NUMBER: 11-038 I STAFF SPONSOR: DON TOMASO I ORIGINAL AGENDA DATE: 3/28/11 AGI INID;\ ITEM TITLE Adoption of an ordinance amending the Fire Code as it relates to Fire Lane Violations C.vi'l (13 ORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 3/28/11 Mtg Date Mtg Date Mtg Date 4/4/11 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police P1V SPONSOR'S The Council is being asked to amend Ordinance No 2290 to include language that will list SL Fire Lane Violations as Civil Infractions. R! A'I1?WI I) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 3/22/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Fire Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EYPIsNDITURI:'s REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments 1 MTG. DATE RECORD OF COUNCIL ACTION 3/28/11 MTG. DATE ATTACHMENTS 3/28/11 Informational Memorandum dated 2/16/11 Draft Ordinance Ordinance #2290 Minutes from the Finance and Safety Committee meeting of 3/22/11 4/4/11 63 64 (C yl %L4 W City of Tukwila `g c'° o Jim Haggerton, Mayor I905 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: BC Don Tomaso, Fire Marshal DATE: February 16, 2011 SUBJECT: 2009 Fire Code Amendment regarding Fire Lane Violations ISSUE The City Prosecutor has brought to my attention the fact that when we upgraded Fire Code violations to Gross Misdemeanors we made an error. By doing this we lost the ability to issue citations to vehicles parked in fire lanes; we now need to identify the operator of the vehicle and issue that person the citation. We would like to change just the fire lane citations back to a civil infraction so that the crews can avoid confrontations with the vehicle operator. BACKGROUND Back in 2008 we identified several problems with the fire related ordinances when we had a code enforcement issue go to court for enforcement. The issue was handed back to the Fire Department because two of the ordinances had different penalties for the same violations. As a result of this, I reviewed all the fire related ordinances in their entirety and aligned the violation and penalty sections. They were reviewed by the City Attorney and approved by the Council as Gross misdemeanors for all Fire Code related violations with a fine of up to $5,000 or one year in jail. As a component of this change we introduced a bail schedule for the judge to use when assessing fines and listed fire lanes as a $100.00 penalty. However, we overlooked the fact that Gross Misdemeanors require you to identify the operator of the vehicle and do not allow you to issue a citation to the vehicle owner due the criminal nature of this charge. DISCUSSION This issue was discussed internally and with the Police Department, and for firefighter safety concerns, it was determined the preferred method would be to issue a citation to the registered owner of the vehicle as opposed to having firefighters look for the vehicle operator and have a possible confrontation. This was the previous method used since the City started issuing fire lane citations back in the 1970's. We are requesting that Ordinance #2290 be amended to include language for Fire Code violations that list "Fire Lane Violations as Civil Infractions" as identified by the City Prosecutor and City Attorney, with the bail to remain at $100.00. RECOMMENDATION The Council is being asked to consider this item at the March 28, 2011 Committee of the Whole meeting and subsequent April 4, 2011 Regular Meeting. ATTACHMENTS Draft Ordinance Ordinance #2290 65 66 *RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2290, §13, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.16.110, "VIOLATIONS PENALTIES," TO CLASSIFY FIRE LANE PARKING VIOLATIONS AS A CIVIL INFRACTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 21, 2010 the City adopted Ordinance No. 2290, which updated the City's fire prevention and protection regulations by adopting the 2009 Edition of the International Fire Code and appendices; and WHEREAS, the City has received notification that the penalty section established by Ordinance No. 2290, which classified violations of the provisions of Tukwila Municipal Code Chapter 16.16 as a "Gross Misdemeanor," was in error as it relates to City- issued citations for fire lane parking violations; and WHEREAS, it is in the best interest of the City to classify fire lane parking violations as a "Civil Infraction NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2290, §13, as codified at Tukwila Municipal Code (TMC), Section 16.16.110, "Violations— Penalties," is hereby amended to read as follows: 16.16.110 Violations Penalties. A. Any person who shall violate any of the provisions of TMC Chapter 16.16 except as noted in TMC Section 16.16.110 (B), or of the International Fire Code, or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the W: Word Processing \Ordinances\Amend Ordinance 2290 2/16/11 Page 1 of 2 DT:mrh /bjs 67 Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted, or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. B. Fire lane parking violations shall be considered a non traffic civil, infraction subject to the fine listed in the bail schedule in TMC Section 16.16.080 (D). Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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 2011. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W: Word Processing \Ordinances\Amend Ordinance 2290 2/16/11 Page 2 of 2 DT:mrh /bjs 68 Of R 908 City of Tukwila Washington Ordinance No. 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.16, TO APPLY WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2047, 2129 AND 2166; PROVIDING FOR SEVER ABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect the health, welfare and safety of Tukwila citizens by keeping current with the most recent fire code requirements; and WHEREAS, to achieve this end, the City Council has determined to update its current fire prevention and protection regulations by adopting the 2009 Edition of the International Fire Code and appendices; and WHEREAS, the City Council desires to utilize its personnel resources in the most efficient manner, and increased demands have reduced the time available to complete inspections in a timely mariner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 16.16 shall read as follows: Chapter 16.16 INTERNATIONAL FIRE CODE Sections: 16.16.010 Adoption of the International Fire Code. 16.16.020 Enforcement. 16.16.030 Definitions. 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. 16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited. 16.16.070 Amendments to the International Fire Code. 16.16.080 Fees. 16.16.085 Exceptions. 16.16.090 Appeals. 16.16.100 New Materials, Processes or Occupancies which may Require Permits. 16.16.110 Violations Penalties. 16.16.120 Conflicts with Existing Codes and Ordinances. Section 2. TMC Section 16.16.010 shall read as follows: 16.16.010 Adoption of the International Fire Code. Pursuant to RCW 35.21.180, that certain code of technical regulations known as the International Fire Code and Appendices B, C and D, except Section D -107 is not adopted, 2009 Edition) and any amendments thereto published by the Western Fire Chiefs Association and the International Conference of Building Officials, is hereby adopted by this reference as if fully set forth, subject to the modifications and amendments set forth in TMC Chapter 16.16. One copy of said Fire Code shall be maintained on file in the office of the City Clerk for public use and inspection. W Word Processing \Ordinances\ Fire Code.docx DT.ksn 06/15/2010 Page 1 of 6 69 Section 3. TMC Section 16.16.020 shall read as follows: 16.16.020 Enforcement. A. The International Fire Code shall be enforced by the Fire Prevention Bureau in the Fire Department of the City, which is operated under the supervision of the Chief of the Fire Department. B. There shall be a Fire Marshal in charge of the Fire Prevention Bureau who shall be appointed by the Chief of the Fire Department on the basis of an examination to determine his qualifications. Section 4. TMC Section 16.16.030 shall read as follows: 16.16.030 Definitions. A. Wherever the word "jurisdiction" is used in the International Fire Code, it means the area within the city limits of the City of Tukwila, Washington. B. Wherever the words "Fire Code Official" are used in the International Fire Code, they mean the Fire Marshal in charge of fire prevention. Section 5. TMC Section 16.16.040 shall read as follows: 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. The storage of flammable or combustible liquids in outside aboveground storage tanks is prohibited within the City, except as conditioned below: 1. Aboveground storage tanks shall meet the requirements of Chapter 34 of the International Fire Code. 2. Tanks containing Class I, II or III -A liquids shall not exceed 12,000 gallons individual or 24,000 gallons aggregate. 3. Installation of aboveground tanks shall be subject to berming and screening as required by the Public Works and Planning Departments respectively. 4. Installation of aboveground tanks shall be limited to MIC, LI or CLI zones. Section 6. TMC Section 16.16.050 shall read as follows: 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in Chapter 38, Section 3804.2 of the International Fire Code, in which storage of liquefied petroleum gas is restricted, shall apply throughout the City. NFPA 58 shall be used as the installation guide for all propane systems. Section 7. TMC Section 16.16.060 shall read as follows: 16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred to in Chapter 33, Section 3304 of the International Fire Code, in which storage of explosives and blasting agents is prohibited, shall apply throughout the City. Section 8. TMC Section 16.16.070 shall read as follows: 16.16.070 Amendments to the International Fire Code. A. Portable fire extinguishers shall be installed in all occupancies. No exceptions will be allowed. B. Adequate ground ladder access shall be provided to all rescue windows above the first story. Landscape a flat, 12 -foot deep by 4 -foot wide area below each required rescue window. C. Section 503 of the International Fire Code 2009 edition) adopted by this chapter is hereby amended to read as follows: Section 503.2 1. General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. 2. Definitions. The following definitions shall apply in the interpretation and enforcement of this section: a. "Fire apparatus access road(s)" means that area within any public right -of -way, easement, or private property designated for the purpose of permitting fire trucks and other firefighting or emergency equipment to use, travel upon and park. W \Word Processing Ordinances \Fire Code.docx DT:ksn 06/15/2010 Page 2 of 6 70 b. "Park," "parking," "stop," "stand" or "standing" means the halting of a vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or fire official or traffic signal or sign. c. "Vehicle" means a machine propelled by power, other than human power, designed to travel along the ground or rail, by the use of wheels, treads, runners or slides, and shall include, without limitation, truck, automobile, trailer, motorcycle, tractor, buggy, wagon and Locomotive. 3. Requirements Standards. a. When required by the Fire Department, hard- surfaced fire apparatus access road(s) shall be provided around facilities which, by their size, location, design or contents warrant access which exceeds that normally provided by the proximity of city streets. b. Fire apparatus access road(s) shall be required when any portion of an exterior wall of the first story is located more than 150 feet from Fire Department vehicle access. 4. Surface. Fire apparatus access road(s) shall be either asphalt or reinforced concrete, a minimum two inches thick, or when specifically authorized by the Fire Department, compacted crushed rock or other alternate surfaces may be used. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. 5. Width. The minimum unobstructed width of a fire apparatus access road shall not be less than 20 feet. 6. Aerial Apparatus Access Roads. Aerial apparatus access roads shall not be less than 26 feet in width. 7. Vertical clearance. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Exceptions: a. When conditions prevent the installation of an approved fire apparatus access road, the Fire Marshal may permit the installation of a fire protection system or systems in lieu of a road. b. When there are not more than two Group R, Division 3 or Group U occupancies, the requirements of this section may be modified, provided that in the opinion of the Fire Marshal, firefighting or rescue operations would not be impaired. c. Clearances or widths required by this section may be increased, when in the opinion of the Fire Marshal, clearances or widths are not adequate to provide fire apparatus access. 8. Turning Radius. The turning radius of a fire apparatus access road shall be approved by the Fire Marshal. 9. Turnarounds. All dead -end apparatus access roads in excess of 150 feet shall be provided with approved provisions for the turning around of fire apparatus. 10. Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the International Building Code or other regulations adopted by the City and shall use designed live Loading sufficient to carry the imposed loads of fire apparatus. 11. Grade. The gradient for a fire apparatus access road shall not exceed 15% with a cross slope no greater than 5 12. Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 13. Signs. a. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. b. Fire apparatus access roads shall be identified by painting the curb yellow and a 4 -inch -wide line and block letters 18 inches high, painted in the lane, at 50 -foot intervals, stating, "FIRE LANE NO PARKING," color to be bright yellow, or by the posting of signs W \Word Processing Ordinances Fire Code.docx DT:ksn 06/15/2010 Page 3 of 6 71 stating, "FIRE LANE NO PARKING," and painting the curb. Signs shall be posted on or immediately next to the curb line or on the building. Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting color, readily readable from at least a 50 -foot distance. Signs shall be spaced not further than 50 feet apart, nor shall they be more than four feet from the ground. c. Residential fire apparatus access roads shall be marked with signs described in (b) above; no striping or painting shall be required. 14. Parking Prohibited. Except when necessary to avoid conflict with other traffic, or in compliance with the direction of a police or fire official, or traffic control sign, signal or device, no person shall stop, stand or park a vehicle, whether occupied or not at any place where official fire lane signs are posted, except: a. Momentarily to pick up or discharge a passenger or passengers, or b. Temporarily for the purpose of and while actually engaged in loading property. 15. Fire Apparatus Road(s) as part of Driveways and/or Parking Areas. The Fire Department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in TMC Section 16.16.070C.13.b or TMC Section 16.16.070C.13.c. 16. Existing Buildings. When the Fire Department determines that a hazard, due to inaccessibility of fire apparatus, exists around existing buildings, they may require fire apparatus access road(s) to be constructed and maintained. 17. Enforcement. It shall be the duty of the Tukwila Fire Marshal and /or the authorized designee(s) to enforce Subsection 503.2. 18. Violation Penalty. Any person violating any of the provisions of Section 503.2 shall be guilty of a misdemeanor, and upon conviction, shall result in a fine of not more than $75.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Section 9. TMC Section 16.16.080 shall read as follows: 16.16.080 Fees. A. Permit Fees: A fee of $100.00 shall be charged for each permit required by the International Fire Code. B. Plan review fees for alternative fire protection systems are as follows: Commercial: For 1 -5 devices /heads: Base fee $100.00 Commercial: For 6 or more devices /heads: Base fee $200.00 $1.50 per device /head in excess of 10 Resubmittal: Fee $200.00 C. Re- inspection Fees: 1. Re- inspection Fees for New Construction and Tenant Improvements. When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.00 will be assessed. 2. Re- inspection Fees for Company Level Inspections. A re- inspection fee of $60.00 will be assessed when, on the follow -up inspection 30 days after the initial company level inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $85.00 will be assessed when, on a second follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of $110.00 will be assessed when, on a third follow -up inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $135.00 will be assessed when, on a fourth and subsequent follow -up inspections, the inspector finds that the violations have not been corrected. 3. Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. D. Penalties: The following penalties shall apply to these violations of the Fire Code: W Word Processing Ordinances \Fire Code.docx DT:ksn 06/15/2010 Page 4 of 6 72 IFC Section Offense I Bail 109.2.2 I Non compliance with orders and notices $5,000.00 111.1 I Unlawful continuance of a hazard $5,000.00 111.4 1 Non compliance with a Stop Work Order $5,000.00 109.2.4 Unlawful removal of a tag $5,000.00 503.4 Illegal parking on fire apparatus access roads $100.00 609.3.3 Failure to: Clean commercial kitchen hoods $500.00 901.6.1 j Failure to: Maintain fire protection systems $500.00 901.7 I Failure to: Conduct a required fire watch $500.00 904.11.6 Failure to: Maintain commercial cooking extinguishing systems $500.00 1003.6 Failure to: Maintain means of egress continuity $250.00 TMC Section Failure to: Provide required UL central station monitoring $500.00 16.40.110 E. Other Violations: Bail for all other violations is $150.00 plus court costs. Fines are forfeitable on the first offense and mandatory appearance is required on second offense. F. False Alarms: 1. False alarms shall not be given, signaled or transmitted or caused or pernutted to be given, signaled or transmitted in any manner. False alarms, in excess of two per year, shall be fined under the following schedule: a. First false alarm no fine, warning b. Second false alarm no fine, warning c. Third false alarm $25.00 fine d. Fourth and subsequent false alarms $50.00 fine 2. The number of false alarms shall be calculated by calendar year beginning January 1 and ending December 31. Section 10. TMC Section 16.16.085 shall read as follows: 16.16.085 Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. Section 11. TMC Section 16.16.090 shall read as follows: 16.16.090 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 12. TMC Section 16.16.100 shall read as follows: 16.16.100 New Materials, Processes or Occupancies which may Require Permits. The Planning Director, the Fire Chief and the Fire Marshal of the Fire Prevention Bureau shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials processes or occupancies for which permits are required, in addition to those now encumbered in said code. The Fire Marshal of the Fire Prevention Bureau shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 13. TMC Section 16.16.110 shall read as follows: 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.16, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to W Word Processing \Ordinances \Fire Code.docx DT.ksn 06/15 /2010 Page 5 of 6 73 continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 14. TMC Section 16.16.120 shall read as follows: 16.16.120 Conflicts with Existing Codes and Ordinances. Whenever any provision of the International Fire Code or Appendices adopted by this ordinance conflicts with any provision of any other adopted code or ordinance of the City, the provision providing the greater or most effective protection shall govern. Section 15. Repealer. Ordinance Nos. 2047, 2129 and 2166 are hereby repealed. Section 16. 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 17. 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 on July 1, 2010, 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 L 5' day of In AI (2 2010. ATTEST UTHENTICATED: 0 0FilLAA aggerto� j Christy O'Flah ty, CMC, City CIerk iled with the City Clerk: /0 APPReLEI S RM BY: Passed by the City Council: -J-J -/n Published: Effective Date: 7 Office of thety Aorney Ordinance Number: W Word Processing Ordinances \Fire Code.docx DT:ksn 06/15 /2010 Page 6 of 6 74 Finance Safety Committee Minutes March 22. 2011— Page 2 Additionally, horn/strobe candelas (light intensity) requirements have increased to address inhabitants at slumber. The Permit Expiration section (see page 28 of Committee agenda packet) has been duplicated from the City's building code. The most significant change to this ordinance is in Section 11, 16.40.100 Applicability, No. 6 (see page 25 on the Committee agenda packet), which requires existing commercial/industrial buildings with an existing fire alarm system to be upgraded to current code requirements when sold. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Hiffh -Rise Construction This draft ordinance changes the current definition of high -rise from 40 -feet or four stories and above to 75 -feet or eight stories and above. The mid -rise construction ordinance below, which is new, addresses buildings less than 75 -feet or eight stories and more than 40 -feet or four stories. In addition to this change, Section 5, 16.48.050, Letter B (see page 30 of the Committee agenda packet) requires installation of a second standpipe which is a Labor and Industries requirement for Rapid Intervention Teams. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Mid -Rise Construction This entire draft ordinance is new and addresses buildings above 40 -feet or four stories and below 75 -feet or eight stories. Similar to high -rise requirements, but slightly less restrictive, this ordinance is more fairly applicable to smaller buildings. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. Fire Lane Violations Staff is seeking Council approval of an amendment to the current ordinance regarding violations and penalties for fire code violations (TMC Section 16.16.110). Currently, this ordinance classifies all fire code violations as gross misdemeanors. This means that when issuing a fire lane violation, firefighters must identify the operator of the vehicle and issue the citation to the person. Staff is proposing fire violations be reclassified to civil infractions. Issuing a violation that is classified as a civil infraction allows the citation to be issued to the registered owner of the vehicle, avoiding possible confrontation with the vehicle's operator. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. B. Ordinance Amendment: Business License and RGRL Staff is seeking Council approval to make changes to the following items in the current business license/RGRL ordinance: temporary license, non profit exemption, appeal process and fee and multiple RGRL fee assessments. After a lengthy discussion, questions still remained on the issue of temporary licenses. Committee Members would like to further consider the definition and applicability of the temporary license. Shawn Hunstock distributed a list of short-term license requirements in surrounding cities. There is no common theme among license requirements, and each city has implemented different restrictions and/or requirements. Committee Members expressed an interest in this item returning to Committee for additional discussion prior to moving forward to full Council. Committee Members would like to receive input/feedback from Parks and Recreation and other departments as appropriate to determine how the temporary license requirements effect City- sponsored events (ie: Backyard Wildlife Fair) as compared to private events (ie: SkiBonkers). Items to be considered are: revenues earned, length of license, consecutive day definitions and exemptions and /or exceptions as appropriate. Other items of discussion included: the definition of home occupations in the Zoning Code, clarification of RGRL fee applicability to rental properties and modification of the RGRL /business license forms for next year's renewal cycle. In closing, Committee Members also expressed a desire to understand in more 75 76 COUNCIL A GENDA SYNOPSIS �I ILA. r r w .q�, Initials ITEM No. 1�F z7 `j Meeting Date Prepared by 1 Mayeview Cpuneil review a �x ,I G 1 03/28/11 1 BJM C___ 1 LL I (5 04/04/11 BJM 190 41 e ITEM INFORMATION CAS NUMBER: 11-039 STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 3/28/11 AGENDA ITEM TITER Authorizing the Mayor to enter into a lease agreement with Clear Channel Outdoors for the construction of a digital billboard on City owned property. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 03/28/11 Mtg Date 4/4/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SF( )NSOR 1 1 Council 1 !Mayor n Adm Svcs DCD Finance Fire Legal P&R Police PIV Si( NSOR's The City owns a 9,400 square foot parcel located at the NE corner of West Valley Hwy and SUMMARY South 180th Street. Clear Channel Outdoors (CCO) has approached the City about the possibility of leasing the property for the construction and operation of a digital billboard. CCO would pay the City a starting lease rate of $25,000 per year. As required by City Code, prior to installation, CCO would remove ten billboard faces elsewhere in the City. RI {\'I1 WED BY (l COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte n Utilities Cmte Arts Comm. Parks Comm. (l Planning Comm. DATE: 3/14/11 COMMITTEE CHAIR: COUNCILMEMBER SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development CoMMIrrEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ERP1 REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: The proposed agreement will provide the City over $400,000 in revenue over 15 years MTG. DATE RECORD OF COUNCIL ACTION 03/28/11 MTG. DATE ATTACHMENTS 03/28/11 Informational Memo dated 3/1/11 Lease Agreement in Final Form Aerial Photo of Site Minutes from the Community Affairs and Parks Committee Meeting of 3/14/11 04/04/11 77 78 ILA h (ay City of Tukwila o Jim Haggerton, Mayor I9oa INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Brandon J. Miles, Senior Planner DATE: March 1, 2011 SUBJECT: Leasing of City Property for Construction of a Digital Billboard ISSUE Should the City enter into a lease agreement (Attachment A) with Clear Channel Outdoors (CCO) for the construction and operation of a digital billboard on City owned property along West Valley Highway? BACKGROUND The City currently owns a 9,400 square foot parcel located at the NE corner of West Valley Highway and South 180` Street (See Attachment B: Aerial Photo) CCO has approached the City about the possibility of leasing the property for the construction and operation of a digital billboard. In 1995, the City granted written permission for NC Power Systems to use the City property. This agreement provides no direct income to the City. City staff has informed NC Power of the proposed lease agreement with CCO. The agreement would allow a future tenant to use the property provided their use does not interfere with the CCO billboard structure. City staff has offered NC Power Systems the continued use of the City property, provided rent is paid to the City; NC Power Systems has stated that they do not need the property and thus, were unwilling to enter into an agreement that required the payment of rent. On March 4, 2011, Steve Lancaster, City Administrator and Brandon Miles, Senior Planner met with Joe Huley of NC Power to discuss the future of the City owned property. The meeting was cordial and each party understood that the future use of the property would likely not include NC Power. City staff committed to keeping NC Power informed on the progression of the construction of the billboard. While the City's written permission to NC Power only requires that we grant them ten days notice to vacate the property, staff will provide as much notice as possible to NC to minimize any impacts to their business operations. If an agreement can be reached with NC Power in the future, staff thinks they would be a good tenant on the property. The basic terms of the Lease Agreement with CCO would be as follows: 1. CCO will pay the City an annual lease rate of $25,000 per year. The lease amount will increase 7.5% every five years. 2. The term of the agreement will be 15 years. After the initial term, the City and CCO can enter into a new agreement if parties choose. 3. The City will credit CCO $5,000 of the first year's rent for the construction of an access point to the property. This access point will be for the exclusive use of the City and CCO. The access point will remain even after CCO leaves the property. 4. CCO is required to obtain all other governmental approvals for the construction and operation of the billboard structure. 79 INFORMATIONAL MEMO Page 2 The only question being asked of the Council is regarding the leasing of City owned land. The installation and operation of a digital billboard in this area of the City is specifically permitted under the new Sign Code at Tukwila Municipal Code (TMC) 19.38. In this section of the new code, the City established two billboard receiving areas, one along West Valley Highway and one along Boeing Access Road. The purpose of the billboard receiving areas was to allow the installation of new billboards in exchange for removing a significant number of existing billboards in the City. Before constructing the proposed billboard, CCO will be required to remove ten existing billboard faces within the City, representing a significant reduction in the total number of billboards. The removal sites are not included in the Lease Agreement because it's a specific code requirement that CCO is required to comply with as part of their required construction permit. The requirement to remove billboards elsewhere in the City would still be required of CCO if they chose to install a billboard on a non -city owned property. ANALYSIS The subject property has an assessed value of $115,000. The proposed Lease Agreement will generate over $400,000 in revenue to the City over the 15 year term, while at the same time allowing the City to retain the property for any future needs, such as right of way improvements. The lease with CCO would not restrict other possible uses of the property, provided those uses do not constrain the operation of the proposed billboard. City staff has tried to develop a new agreement with NC Power which would allow them to continue using the property along with CCO and is open to further conversations. RECOMMENDATION The Council is being asked to authorize the Mayor to enter into a Lease Agreement and consider this item at the March 28, 2011 Committee of the Whole meeting and subsequent April 4, 2011 Regular Meeting. ATTACHMENTS A. Agreement in Final Form B. Aerial Photo W:12011 Info Memos\Billboard Lease.doc 80 CLEAR CHANNEL OUTDOOR LEASE AGREEMENT Lease 1. This Lease Agreement "Lease is dated effective as of April 1 2011, and entered into by and between CITY OF TUKWILA "Landlord and CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation "Tenant Landlord hereby leases to Tenant the real estate commonly known as 2140 SW 43 Street and situatedein:the City of Tukwila, County of King in the State of Washington, whose permanent property tax number and legalad are attached hereto and incorporated herein by reference as Exhibit A (the "Property The Property.t ileased for the purpose of erecting, maintaining, operating, improving, supplementing, posting (whether physically ^d gitalIy.or via other remotely changeable technology), illuminating, repairing, repositioning and /or removing outdoor_ advertisin:g structure, including, without limitation, fixture connections, electrical and broadband supply and connections, panels,= 7signs whether digital, static or similar technologies), copy and any other equipment and accessories as Tenant may place2 hereon (collectively, the "Structure This Lease includes all necessary rights of ingress and egress: Tenant may licenseYthe use of the Structure, or any portion thereof, for any lawful purpose. 2. This Lease shall be in effect for an initial term of fifteen (1;5) corri:mencing on the date construction permits are approved by the City of Tukwila. If for any reason Tenants unable to=either complete construction of the Structure and /or fails to obtain the necessary governmental authorizatlonsto`operate the Structure, Tenant may terminate this Lease immediately upon notice to Landlord. If the structure;i not built within 1 year of mutual execution of this lease agreement then the lease shall terminate. This Lease Agreemert_ not be construed as a building or land use permit. Tenant is responsible for obtaining necessary city permits pnor "ito_constructing the structure. CLEAR CHANNEL shall have the right to terminate this Lease at :the endof any monthly period= during_tte initial term or any subsequent term upon notice to Landlord served not less than thirty (30) dayspnorLto the end of any monthly period. 3. Tenant shall pay Landlord rent in the amount of Twenty Five Thousand ($25,000.00) per year payable in full upon commencement of the term and each anniversarydatethereafterfoiEti -ie period of time commencing when tenant has approval from governmental erttitiesTfor the construction of the structure.°Annual rent shall increase by seven and one half percent (7.5 on the fiff f(5 and4enth (10 anniversaries of the Lease commencement. 4. This Lease shall full force effect for its initiatterm from the date construction permits are approved by the City of Tukwila. During any of thi :Lease and for a period of ninety (90) days following the expiration or earlier termination of this Lease, Landlordpherebygrants to of first refusal, acceptance of which is exercisable at Tenant's sole discretion: to.match thewir aterial termsrofeny acceptable to Landlord for the use or purchase of all or any portion of the Propertyand/or to matchgthe material terms of any offer acceptable to Landlord for the use of purchase of any parcel "or collection of parcels that includes the Property (the "Offer"), which includes, without limitation, similar time periods;for performance and irvestigation asare set=forth in the Offer A copy of all relevant document(s) containing the Offer received -by Landlord shall bede►ivered to Tenant (the "Offer Documents Tenant shall then have twenty (20) days from its recei5t of the Offer Documen't's in which to match the material terms of the Offer by giving notice of acceptance to Landlord. If Tenant.rejects the Offefland the Property transfers pursuant to the terms of the Offer, Landlord shall promptly notify Tenant of sucltttransfer and provide Tenant with any relevant contact information and rental payment submission addresses of such new -owner of theProperty. Prior to transferring ownership of the Property, Landlord shall furnish the new owner with a copy:ofetb Lease` 5. Tenant is and shall rerrlain the owner of the Structure until Tenant no longer has any rights to use or possess the Property whether (1) under this Lease, or any extension, renewal, or modification of this Lease; (2) by operation of law; (3) as a holder -over tenant; or (4) as such right is otherwise held by Tenant, provided, however, that Tenant has the right to remove the Structure at any time. Tenant must remove the structure within 30 -days of termination of this Lease or termination of tenant's right to use or possess the property. If tenant fails to remove the structure, the Landlord may remove the structure and seek reimbursement from the tenant for the removal and disposal of the sign and any associated legal fees. If for any reason Tenant's Structure is removed, materially damaged or destroyed, all rent payments shall cease for up to ninety (90) days until the Structure is rebuilt and all necessary governmental authorizations are obtained to operate the Structure. After 90 days tenant shall pay fifty percent (50 of the scheduled rent until repairs or replacement is completed or Tenant may terminate the Lease. If the Structure is removed for any reason, only the above ground portions of the Structure need be removed. Tenant has the sole right to make any necessary applications with, and obtain permits from, governmental entities for the construction, use and maintenance of the Structure. All such 81 permits and other rights to outdoor advertising on the Property shall remain the property of Tenant. Tenant shall have no obligation to pursue any zoning matter or to continue to maintain any permit. Any such action shall be at Tenant's option. 6. Landlord and Landlord's tenants, agents, employees or other persons acting on Landlord's behalf, shall not place or maintain any object on the Property or any neighboring real property owned or controlled by Landlord, excluding City of Tukwila owned right of way or easements, which, in Tenant's sole opinion, would obstruct the view of the advertising copy or display on the Structure. If Landlord fails to remove the obstruction within fifteen (15) days after notice from Tenant, Tenant may in its sole discretion: (a) remove the obstruction at Landlord's expense; (b) cancel this Lease, remove any or all of the Structure, and receive all pre -paid rent for any unexpired term of this Lease; or (c) reduce the rent to One Hundred Dollars ($100.00) per year while the obstruction continues. Tenant may trim any trees and vegetation currently on the Property and on any neighboring property owned or controlled by the Landlord `as often as Tenant in its sole discretion deems appropriate to prevent obstructions. Without limiting the foregoing, Landlord =shall not permit the Property or any neighboring property owned or controlled by Landlord to be used for off premise advertising. 7. If in Tenant's sole opinion: (a) the view of the Structure's advertising m copy,becomes entirely or partially obstructed, (b) electrical service is unavailable; (c) the Property cannot safel (be used foUhe erection or maintenance of the Structure for any reason; (d) the Property becomes unsightly; (e) there..is a d redu or change in directional flow of traffic from the street or streets currently adjacent to or leading to=orepast the Property (f jv Structure' value for advertising purposes is diminished; (g) Tenant is unable to obtain .or°maintain any necessary perrnitfor the erection, use and /or maintenance of the Structure; or (h) the Structure's use jS4revented or restricted by law, orTe'nant is required by any governmental entity to reduce the number of billboards oper- atedeby it in therocity, county or state inw5 cFi the Structure are located; then Tenant may immediately at its option either: (i) reduce rent indirect proportion to the,oss suffered; or (ii) cancel this Lease pursuant to paragraph 2 and receive all pre -paid rentafor anyeunexpired term of this t=ease. In addition, if Tenant is prevented from illuminating its signs by law, or other cause beyondJenant's control, the rent shall be reduced by one -third for such period of non illumination. In the event that rent is reducedEas outlined in this paragraph landlord and tenant shall first use best efforts to resolve the issuewhich has caused the° rentrreduction. In the event that a mutually agreeable solution can not be reached in 30 days then Landlord may terminate the:L -ease after giving Tenant at least 90 days notice. 8. (a) If the Structure or the Property, or any part thereof, is;. by proper authorities or taken without the exercise of eminent domain, whether permanently or tem-porar(LST (b) if any i l f`=of -way from which the Structure is visible is relocated; (c) if there is a diverston,Ieduction or change:indirectional flow'of traffic from the street or streets currently adjacent to or leading to or past•the Prove:Ely; (d) if visibility to °the Structure °is impaired; (e) if the value or utilization of the Structure is reduced; (f) orJhe Structures „pse is prevented 'or otherwise restricted, then Tenant shall have the right to relocate the Structure on1 andj'ord's remaining property or to terminate this Lease upon not less than thirty (30) days' notice and to receive all pre paid rent for and! unexpired term of this Lease. Tenant shall be entitled to all compensation and other remedies provided by law= includijig 7without limitation, just compensation for the taking of the Structure and Tenant's Ieasehoid interest in this ,,limitation-on the use or maintenance of the Structure, loss of goodwill, and /or relocation assistance Lain -dlord shalh�assert no rights' iF such interests. If condemnation proceedings are initiated, Landlord shaft use its best °eff_0 rt&to incli deizTenant as a party thereto. No right of termination set forth anywhere in this Lease may be exercised prior t o=the sale to.anv-- entity with the power of eminent domain or by or for the benefit of any entity with: the, power of eminent'domain. 9. Landlord` that its'the owner (or owner's authorized agent) of the Property and has the authority to enter into this Lease Landlord shall .provide a readily accessible access point to the Property for Tenant to enter and exit the Property for installation and maintenance of the Structure. Access will be granted either from the east through the neighboring cabinet shopproperty or "Landlord will grant permission for Tenant to gain access over the curb and sidewalk on the south end of the K,Olerty n the event that a ramp needs to be constructed for safe truck access to the Property Tenant shall construct su a at its own expense. The cost associated with constructing the ramp shall be reimbursed by Landlord via =:a rent credit in the amount of the cost of the ramp not to exceed five thousand dollars, ($5,000). 10. If the Property is currently encumbered by a deed of trust or mortgage, ground lease or other similar encumbrance, Landlord shall deliver to Tenant on or before the commencement date hereof a non disturbance agreement in a form reasonably acceptable to Tenant. 11. If (a) Tenant has not been informed of the current address of Landlord or its authorized agent, or (b) two or more of the monthly payments sent by Tenant are not deposited by Landlord within ninety (90) days after the last such payment is sent by Tenant, then no further rent shall be payable hereunder for the period commencing with the due date of the first such payment not deposited and continuing until Landlord (i) gives Tenant notice of its business address or that of its 82 authorized agent or (ii) deposits all previous payments. In either case, Tenant's rent obligations shall be reinstated retroactively as if neither event described in (a) or (b) of this section had occurred. 12. Tenant shall indemnify and hold Landlord harmless from all injuries to the Property or third persons caused by Tenant, Tenant's employees, agents, licensees and contractors. Landlord shall indemnify and hold Tenant harmless from all injuries to Structure or third persons caused by Landlord, Landlord's employees, agents, licensees and contractors. 13. This Lease is binding upon the heirs, assigns and successors of both Landlord and Tenant. Landlord agrees not to assign this Lease to any competitor of Tenant without Tenant's prior written permission. Tenant shall have the absolute right to assign or sublet the structure. Landlord shall have the right to use the property and lease remaining portions of the property provided those leases do not impact Tenants use of the property or Tenants about to maintain the Structure. Landlord agrees not to lease any portions of the property to a competitor of Tenant.i r 14. Any notice to any party under this Lease shall be in writing sent by certified or registered mail, and shall be effective on the earlier of (a) the date when delivered and receipted for by a ;person at =the address specified within this Lease, or (b) the date which is three (3) days after mailing (postage prepaid) y certified- orregistered mail, return receipt requested, to such address; provided, that in either case notices shall be.delivered to suchother address as shall have been specified in writing by such party to all parties hereto prior to thewnotice being delivered 1 5. This Lease shall be governed exclusively by the provisions hereof,and by the laws of °th;e state which the Property is located, as the same may from time to time exist without_regard to conflicts of laws provisions Any action or proceeding seeking to enforce any provision of or based on any rigr-t arisingoutwof, this Lease may bebrought against any of the parties only in the courts within the county in which theProperty is located, or, if it figs or can acquire jurisdiction, in the United States District Court for the applicable district Ioc "a`t"ed in the applicable county where the Property is situated, and each of the parties consents to the jurisdiction of such court�s:(and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein afsuit is brought or an attorney is retained by any party to this Lease because the other party== fi=eached this Lease, "the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and all reiate`dbcosts and expenses z- -L 16. Neither Landlord nor Tenant shall be bound by any terms ennaitions. or oral representations that are not set forth in this Lease. This Lease represents the entire agreement of Tenant and;:Landlord with respect to the Structure and the Property and supercedes any.previoos;°wagreement. Landlord hereby grants Tenant all rights necessary to record a memorandum of this Lease without Landlord's signature, including a limited power of attorney for such purpose. TENANT: LANDLORD: CLEAR CHANNEL OUTDOOR, INC RJR „CITY OF TUKWILA By: _m By: Its: Jim Haggerton, Mayor Branch-Address: Printed Name of Landlord: Address: Tel No. )AM ^1S Tel No. Tax ID No. ATTEST/AUTHENITC-ATID APPROVED AS TO FORM Christy O'Flaherty, CMC, City Clerk City Attorney Date approved by City Council 83 Exhibit A Permanent Property Tax Number: 362304-9037 Legal Description: POR OF NW 1/4 BEG 30 FT N 1275.75 FT W FROM NE CORNER OF HENRY ADAMS DONATION CLAIM TH N 120 FT TH W 98 FT TH S 57 FT TH W 72 FT TO ELY MGN OF WEST VALLEY HWY TH SLY ALG SAID ELY MGN TAP 30 FT N OF PLW N LINE OF HENRY ADAMS DONATION CLAIM TH E TO POB LESS POR FOR STATE HWY ff.= Z7,7- 7777 84 4 7A z t F ',4E-14-114 t' t i,. 3 s iii_ _'y f_ •_,....-......z.---,_ g s -0 �-z` h- G t 4P vj -1 T- t i--.4AZ,, T s _i 1. 1 '1. t :T' 4 .404,,,,.: --,,0,-_,:P., .t.";:. r t Vii" u'k -0 i'.FY c S x f i 4 r t 7 t g.s... r s ma S 1� ,dam a 4 .f to '"+C,,p t i .A V, 4 4 GlTi'c •r.EDPR ti-EF E r k r 2 x 1 `i ..3:..-. k ,,,w, _s t 1,1 -ate P mart s v, h k s i t ,t.- F t z y ,...40,,,,,K.: 1 x.-as x 'i j _P{ 3-Y[ '3 R z r F --:2= 1 '447% 'J..- q ---,-.----c-,..4'.:, .f i- L .-:4,i4". .---i.:-. .7*47-7'7.--..A.'''''..r- 1 a t 4 ir._::::..,._:,:_xw,„,,irp,,,_‘_;,44._a„.1,_€_?..,,L__,,„,41:11.:,„,... .,;,,,zi,n...._ -.1.-..4..*"4:- i ''"7- r 7 ti t s I i t y CITY OWN ED i 133 ft "`y PROPERTY c�tyGis ATTACHMENT B Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and ma y not be approved except as licensed by Digital Map Pro 85 86 -tea, 0 City of Tulzwila Community Affairs and Parks Committee x: COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes March 14, 2011— 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffle and De' Sean Quinn Staff: Rick Still, Robert Eaton, Shawn Hunstock, Lynn Miranda, Minnie Dhaliwal, Brandon Miles, Steve Lancaster and Kimberly Matej Guests: Michael Mays (Clear Channel), Justin Rose (Pacific Golf and Cart) CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Leasing of City Property for Digital Billboard Staff is seeking Council approval to enter into a lease agreement with Clear Channel Outdoor (CCO) for the City -owned property located at the northeast corner of West Valley Highway and South 180 Street. CCO will be utilizing the property to locate and operate a digital billboard. Currently, NC Power Systems is using the property, and may continue using the property provided rent is paid to the City. At this time, it does not appear as if NC Power has a need for continued use. However, if at a later time, they desire to use the property, CCO's lease agreement does not restrict other uses, and a new agreement could be discussed. Highlights of the lease agreement with Clear Channel Outdoor include: Fifteen (15) year lease, termination clause and mutually renewable O Lease rate of $25,000 annually with a 7.5% increase every five years CCO will provide property access, currently there is none Committee Members expressed appreciation for staff's effort to communicate intentions and processes with NC Power Systems. In relation to property access above, Committee Member Duffie commented that a driveway cut should be made in the sidewalk for vehicular access to the property in order to avoid driving over the sidewalk. Committee Chair Seal stated that it is essential that we make sure that we comply with our own codes and regulations. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. B. North Highline Annexation Staff is seeking Committee approval of a resolution that states the City's interest in commencing negotiations of an interlocal agreement with King County for the annexation of the area known as North Highline. This area was identified as a potential annexation (PAA) area in the City's Comprehensive Plan in 1995. The bulleted items below briefly describe the PAA: A Approximately 135 acres Twenty -four (24) parcels $91 million accessed value Currently zoned industrial Revenues are projected to be more than the costs of annexation 87 88 COUNCIL A GENDA SYNOPSIS t rs icAth,,, Initials ITEM NO. O 1 Meeting Date Prepared by 1 Mgy eview 1 Co ;rncil review :1.1 GI 1 03/28/11 1 JP I (a.)) UZL 1 's 2 04/04/11 I JP 1 ,st;,, ITEM INFORMATION CAS NUMBER: 11-040 STAFF SPONSOR: LYNN MIRANDA I ORIGINAL AGENDA DATE: 3/ 28/11 AGENDA ITEM TITLE Resolution to Commence Negotiations with King County for the North Highline Annexation Area CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 03/28/11 Mtg Date Mtg Date 04/04/11 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR II DCD Finance Fire IT P&R Police PW SPONSOR'S To initiate the annexation of Tukwila's Potential Annexation Area (PAA) in the North SUMMARY Highline area using the Interlocal Agreement method, Tukwila must adopt a resolution commencing negotiations with King County. This resolution will not commit the City to annexation, but initiates the process per RCW 35A.14.470. The City Council is being asked to approve and adopt the proposed resolution. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA I E: 3/14/11 COMMITIEE CHAIR: VERNA SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMIT TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED S 0 So Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/28/11 MTG. DATE ATTACHMENTS 03/28/11 Informational Memorandum dated 03/09/11 with Exhibit A thru F including draft resolution. Addendum to Informational Memorandum dated 3/24/11, and City of Seattle resolution Minutes from the Community Affairs and Parks Committee meeting of 03/14/11 04/04/11 89 90 1 -.4..0 ILA y City of Tukwila Jim Haggerton, Mayor a 9oa° INFORMATIONAL MEMORANDUM To: Mayor Haggerton Community Affairs Parks Committee From: Jack Pace, Community Development Director Date: March 9, 2011 RE: Resolution to Commence Negotiations with King County for the North Highline Annexation Area ISSUE To initiate the annexation of Tukwila's Potential Annexation Area (PAA) in North Highline using the Interlocal Agreement method, Tukwila City Council must adopt a resolution commencing negotiations with King County. BACKGROUND Tukwila designated the North Highline area as a potential annexation area (PAA) in the City's Comprehensive Plan in 1995. Preliminary studies indicate that the additional revenue generated by property and utility taxes may exceed the costs associated with annexation. The City of Seattle has also designated a PAA that includes a much larger area of unincorporated North Highline that overlaps with Tukwila's PAA (see Exhibit A PAA map). Seattle has initiated a negotiation process with the surrounding jurisdictions and King County to resolve overlap issues prior to initiating annexation. Seattle's Regional Development and Sustainability Committee (Council subcommittee) will make a preliminary recommendation on whether to move forward with a November ballot measure for annexation on March 18, 2011. There are a number of methods of annexation including election, petition or Interlocal Agreement method. The Tukwila City Attorney is recommending using an Interlocal Agreement process to annex the PAA. To move forward with annexation under this method, the Tukwila City Council needs to adopt a resolution pursuant to RCW 35A.14.460(1) commencing negotiations with King County (see Exhibit B draft resolution). A summary of issues regarding land use, potential costs /revenues, effect of annexation on services, and the PAA overlap between Tukwila and Seattle is provided below. LAND USE Area is approximately 135 acres in size and zoned Industrial by King County. 24 parcels $91,297,600 in total assessed value Largest property owner is Seattle City Light (28.5 acres), consisting of a substation and vacant, undevelopable property containing the Hamm Creek Restoration project. Remaining uses are primarily light industrial, with some office retail. Latest census shows 41 residents, including 22 households in 47 units, most likely living on boats at the Duwamish Yacht Club. Surrounding area zoning. Property across the Duwamish River in Tukwila is zoned MIC /H. To the north, Seattle zoning is Single Family with Commercial and Industrial along the Duwamish, and to the west of W. Marginal Way S., King County zoning is Industrial and Regional Business with some higher density single family residential. 91 INFORMATIONAL MEMO Page 2 SUMMARY OF POTENTIAL COSTS /ISSUES FOR TUKWILA (See details in Exhibit C Potential Costs Revenues) Response times to this area by Tukwila Police and Fire Departments are anticipated to be longer than preferred standard. Public Works estimates road maintenance catch basin cleaning costs at $22,400 /year. SUMMARY OF POTENTIAL NEW REVENUE FOR TUKWILA (See details in Exhibit C Potential Costs Revenues. Also see Table A) An estimated $454,431 /year in new revenue could be generated by utility taxes, storm drainage fees stormwater utility taxes, sales tax, business license fees, RGRL fees, and property taxes. EFFECT OF ANNEXATION ON SERVICES FOR BUSINESSES RESIDENTS IF ANNEXED TO TUKWILA (Exhibit C Potential Costs Revenues, Tables B -D) Levy Rates will be lower in the annexed portion of Tukwila than in King County, primarily due to no road or fire levies in Tukwila ($9.98 v. $10.96, based on 2011 levy rates). Utility Services o Sewer water providers /rates will remain the same. o Storm drainage rates will decrease by approximately 49% for most developed commercial sites. o Utility taxes ranging from 6 -10% will be levied on providers. Government Services o Schools, libraries, animal control and bus service providers will not change. o Other services, such as permitting, fire police, road maintenance, and court services will be provided by the City of Tukwila. PAA OVERLAP ISSUES City of Seattle's PAA, Area Y, is a 3.55 square -mile area that includes White Center and North Highline. Area Y overlaps with Tukwila's much smaller PAA. See Exhibit A PAA Map. Seattle has been considering annexation of Area Y, and recently prepared a detailed annexation report evaluating the costs and revenues associated with the area. The report identifies a significant financial shortfall if Area Y is annexed due to insufficient resources to meet existing and future demands for services required by annexation. At this time, Seattle Mayor McGinn's recommendation is to not move forward on annexation. On March 18, 2011, the Seattle City Council's Regional Development and Sustainability subcommittee is scheduled to deliberate on whether to recommend moving forward with a November ballot measure on annexation. They must notify the Boundary Review Board of this decision by April 1 in order to proceed. (Seattle anticipates using the Election Method of annexation.) King County Countywide Planning Policy LU -32 encourages using a negotiation process to resolve PAA overlaps in the North Highline area, prior to filing Notice of Intent to annex with King County Boundary Review Board. This process is outlined in Exhibit D. On February 25, 2011 Seattle initiated this process by notifying Tukwila of their intent to annex and requesting a meeting or formal mediation to discuss PAA boundary alternatives. Tukwila has responded and expressed interest in participating in the 92 W: \2011 Info Memos \NorthHighlineAnnex.docPage 2 of 4 INFORMATIONAL MEMO Page 3 negotiation process. Exhibit F includes the letter from Seattle and Tukwila's response letter. Per King County Countywide Planning Policy LU -32, absent a negotiated settlement to the overlap within 60 days of receipt of the notice, a city may file a Notice of Intent to Annex with the King County Boundary Review Board for territory within its designated portion of a PAA overlap. As of this date, no negotiation meeting date has been set, although King County is proposing using a Dispute Resolution Program and external mediator, similar to the process used in the Burien /Seattle PAA overlap dispute. City of Burien's annexation of the southern portion of the North Highline area became effective April, 2010. Burien will consider annexing the remaining N. Highline area when their annexation agreement with Seattle /King County expires, if Seattle has chosen not to move forward with annexation. ANNEXATION PROCESS See attached Exhibit D for the process associated with LU -32 and attached Exhibit E for the Interlocal Agreement Method of Annexation (RCW 35A.14.470). CONCLUSIONS A preliminary fiscal analysis of annexation of Tukwila's PAA shows that revenues appear to outweigh costs. Per King County Countywide Planning Polices, negotiations to resolve overlap issues in the North Highline area will take place between Tukwila, Seattle, King County and the North Highline Fire Department, and must be completed by April 25, 2011. It is not clear what the outcome of this process will be, or how the Interlocal Agreement and overlap negotiation process will work together. It is not clear yet whether Seattle will be interested in annexation, given insufficient resources needed to serve the area. A Council Subcommittee will deliberate on whether to recommend proceeding with a November ballot measure on annexation on March 18. NEXT STEPS 1. City Staff will participate in the upcoming negotiation process with Seattle and King County to resolve boundary issues, as set forth by King County Planning Policy LU -32. 2. At the same time, City Council should adopt a resolution commencing negotiations with King County, as required under the Interlocal Agreement method of annexation. This does not commit the City to annexation, but initiates the required process per RCW 35A.14.470. 3. Once Tukwila City Council makes a decision to move forward, staff will prepare a more detailed cost/benefit analysis of annexation, and concurrently move forward with the Interlocal Agreement annexation process. RECOMMENDATION The Council is being asked to consider the attached resolution to commence annexation negotiations with King County, and forward the item to the March 28, 2011 Committee of the Whole meeting and to the April 4, 2011 Regular meeting for adoption. W: \2011 Info Memos \NorthHighlineAnnex.docPage 3 of 4 93 INFORMATIONAL MEMO Page 4 ATTACHMENTS Exhibit A Potential Annexation Areas North Highline Exhibit B Draft Resolution stating interest in commencing negotiations for an Interlocal Agreement with King County to annex a certain unincorporated island of territory known as the "North Highline Potential Annexation Area" in Tukwila's comprehensive plan. Exhibit C Potential Cost Revenue Details Table A. Tax/Fee comparison between King County Tukwila Table B. 2010 Levies: King County Taxing Districts Table C. How will annexation affect utility service /fees? Table D. How will annexation affect government services? Exhibit D Annexation Process set forth by King County Countywide Planning Policy LU -32 Exhibit E RCW 35A.14.470 Interlocal Method of Annexation Exhibit F- Letter dated February 23, 2011, from Seattle to Tukwila, requesting meeting /mediation to resolve PAA issues; and Tukwila's response letter dated March 4, 2011. 94 W: \2o11 Into Memos \NorthHighlineAnnex.docPage 4 of 4 '1 i 1 14--1- cr s• 1 '1--- id .._.----4 L 1 ;1 r i U or i I--- 1 1 1 i 4 I 1 N.„ 1 am x_- 1 1 4- .7 w•'' ,..2. ..1- d 18au it e r,e4FI:';; i t' 141-Yii../ :,;:•„,40.ZU:7::..;.,..„ s'''` sN't.' ,st• s' ffl Iii A ,-:-:::-....::.k;'"'s ::.,■5 tt .,its \Z s' ttj, „.,..j.;:5!:/:* \`..,\St;.^.1';';:-K-4--s,V,9.;...::' e. 7r_ 4 •-.s. -15. 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WHEREAS, the Washington State Growth Management Act and King County Countywide Planning Policies anticipate all unincorporated areas within a City's urban growth area boundaries will eventually be annexed; and WHEREAS, in 1995 Tukwila adopted Ordinance No. 1757, which adopted a Comprehensive Land Use Plan and Map for the City of Tukwila that identified approximately 135 acres within the unincorporated North Highline area as a potential annexation area (PAA) for the City; and WHEREAS, the City of Seattle has designated a PAA that includes all of the unincorporated North Highline area, and which overlaps with Tukwila's PAA; and WHEREAS, in 2010 the City of Seattle adopted Resolution 31198 stating their interest in holding a November 2011 election in their PAA, and outlining a work program, deliverables, and timeline to help the Mayor and the City Council determine whether Seattle should pursue annexation of this area at this time; and WHEREAS, per King County Countywide Planning Policy LU -32, and prior to adopting a "Notice of Intent to Annex" resolution, a city must notify neighboring jurisdictions of their intent; and WHEREAS, on February 25, 2011 Tukwila received notice from the City of Seattle of their intent to annex and request for a meeting or formal mediation to discuss non overlapping boundary alternatives; and WHEREAS, on March 4, 2011 Tukwila sent a response to the City of Seattle requesting participation in such a discussion; and W: \Word Processing \Resolutions \No Highline PAA— Interest in negotiations.doc LM:bjs Page 1 of 2 97 WHEREAS, per King County Countywide Planning Policy LU -32, absent a negotiated settlement to the overlap within 60 days of receipt of the notice, a city may file a Notice of Intent to Annex with the King County Boundary Review Board for territory within its designated portion of a PAA overlap; and WHEREAS, the outcome of the negotiation process with the City of Seattle is not yet known; and WHEREAS, RCW 35A.14.460 provides for the annexation of territory when at least 60 percent of the boundaries of the territory proposed for annexation are contiguous to the annexing city or town or one or more cities or towns, and Tukwila's North Highline PAA satisfies these conditions; and WHEREAS, the City of Tukwila is willing to annex the North Highline PAA and desires to take the necessary steps required by RCW 35A.13.460 to initiate the annexation process now by adopting a resolution pursuant to RCW 35A.14.460(1) commencing negotiations for an Interlocal Agreement with King County; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City of Tukwila hereby resolves to "commence negotiations" for an Interlocal Agreement with King County for annexation of the North Highline PAA, as identified in the City's Comprehensive Land Use Plan and depicted on the map which is attached as Exhibit A and incorporated herein by reference. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Exhibit A: Map of Potential Annexation Areas —North Highline W: \Word Processing \Resolutions \No Highline PAA— Interest in negotiations.doc LM:bjs Page 2 of 2 98 Exhibit C Potential Costs Revenue Details 1. Potential Costs/Issues for Tukwila Public Works Road maintenance costs (1/2 mile public streets) $6,400 /year Cleaning catch basins $15,960 /year King Co. Transportation Needs Report for this area shows only South Park Bridge demolition replacement. Annexation area includes l of the Hwy 99/Marginal Wy Des Moines Memorial Dr interchange does not make sense to split responsibility in half. Unsure of what level of cost to the City would be associated with Hamm Creek maintenance. Fire Anticipate long response times for the PAA area (10 -12 minutes v. 5 minutes currently provided by N. Highline Fire District. 5 minute estimate for N Highline District represents travel time only). Seattle does not provide mutual aid would need to rely on Fire District 2 or N. Highline Fire District. Fire needs to determine how many buildings are sprinkled and determine fire flow/hydrant availability. Police Anticipate long response times no staff assigned to north end of Tukwila. Difficult to obtain crime statistics from King Co Sheriff. Marina could be a significant generator of calls. Parks No issues /costs anticipated. Other Annexation costs incurred by Tukwila would include staff time for negotiating agreements with King County and other jurisdictions /agencies, attending public hearings, and preparing reports. 2. Potential New Revenue for Tukwila (see Table A) Estimated Taxes or Fees 6% utility tax on telephone, gas, electricity, cable solid waste providers. 10% utility tax on stormwater, water sewer. Need more detailed study to determine revenue. $75,039 per year in Stoini Drainage fees stoluiwater utility tax Sales Tax City will receive 0.84 of revenue generated by sales tax within the area. For example, based on taxable sales in 2009, the City received $120,120. $900+ per year in Business License fees 99 Revenue Generating Regulatory License fee (RGRL) on full time employees. Need to more detailed information on number of full time employees to deteuuine revenue. Approximately $258,372 in property taxes ($2.83/$1000 AV in 2011). Estimated yearly revenue: $454,431+ /year 100 Table A. Tax /Fee Comparison Between King County Tukwila E stimate of' W:Potental King Co. If Tukwila Annexed b p Notes Revenue. for h. b -P Tu4 's ;j Yr i i kwila4 .L Tax or Fee 1 i If M,-3 Utility Tax: Telephone 6% a' Tax: Gas s NV Utility Y 6% N o t a b g to If Seattle City Light de ni e since service, city imposes a 6 /o dont k franchise fee, but does no r q u 'sa ge not collect a utility tax. Utility Tax: Electricity r� K Cable franchise fee 5% 1 6% Utility Tax: Solid Waste 6% 2 ,A,.. Utility Tax: Water 1 10% Vit Oo',$STI Utility Tax: Sewer 1 10% no;3, Y Z i represents 10% of total i stormwater utility fees 10% 7a x a k collected ($75039.39/yr). Utility Tax: Stormwater $7504 �y Surface Water Utility Rates Per acre charge Per acre charge I,t1 This amount reflects the based on amount based on amount of��� total stormwater fees of developed developed y collected minus the 10% (impervious) (impervious) surface. 4 qe for stormwater utility tax. ie surface. Ranges Ranges from $101.80 :5lyear from $111.00 to to $850.50 per acre 4 i $1,737.74 per (commercial use) v k :si acre. (commercial use) t s$tre 12; Tukwila will receive .84% 9.50% 9.50% (ba O 200 a a e (.084) of revenue Sales Tax *--.*.A. 1 g ale t generated by sales tax Sales tax on food tf`tot`�able to 10% 10% -"A' st,.: beverages (restaurants) determ ei i This is a very only required for t t' Business license regulated $100 (0 -10) 431 conservative estimate r s- based on 9 known businesses businesses with an i4 �x 5 7 :4 unknown of 4 v ge O a1i.i' employees. There are $150 (11 -20) 00 +�/yea� also 2 -3 large business �r -4 0- x s 1 parks containing multiple $300 (21 50) i ;7 t�S, LI businesses which are not w 041 1 $400 (51 -100) r s included in this figure $600 (101 -tb f gi g $0.028646 per hr =x Businesses with less worked for a full time y? than $12k average 4,0 .05 Revenue Generating employee K� annual gross receipts Regulatory License fee I (Businesses with less 'unkho. -n exempted. Accurate (RGRL) than $12k average t�k number of full time annual gross receipts employees is not known exempted)` ti t at this time Property Tax (per $1,000 2.83/$1000 AV iti based on total AV of AV) levy (City total lev portion of 258r37>2 $91,297,600 Y Lev YP $9.98 total levy) fiv f v �k k a ifin 7 X PVIA Total Potential Revenue �.�..�e:.<,� �:�.-�-:�;�y��.�.r,z:� �;�r�;��.�_�,.., Il. _�.�:�_n... I 101 Table B. 2011 Levies: King CO Taxing Districts Unincorporated If Tukwila Annexed King County* Notes Lower than the $12.68 applied to Tukwila Total levy 10.96 9.98 because the area is served by Seattle school district State /County /Port Districts 4$ 3.84 3.84 Road levy 1 2.19 0 no road levy in Tukwila School Levy i 2.34 2.34 Seattle Public School District, levy district #10 Fire Levy i 1.60 0 assumes served by Tukwila Fire Dept Library Levy 0.56 0.56 assumes Tukwila Library levy applies EMS Levy 0.30 0.30 1 Flood Levy 0.11 0.111 Ferry Levy 0.004 0.004 City levy 2.831 1* for King CO tax districts 3015, 3018 3030 102 Table C. How will Annexation Affect Utility Service /Fees? (2010 Fee rates) Service I Served Now By... If annexed to Now If annexed to Tukwila Higher or Tukwila Lower I than KCo? Solid Waste (Cmme� �Waste Allied Waste $253.91 I 268.21 servtc'e' for 6 ct bi,c' yd Management containerlonce a week)* Storm drainage 90% 'King County Tukwila 438.78 $212.62 impervious 3.03 acre site Sewer (metro sewage Val Vue sewer No change $40.90 1st 750 same same disposal) cubic feet; $5.45 every add'I 100 cubic feet. Water (based on 1.5" Water District #20 No change $54 $1.45 /ccf same same meter size winter rates) E1 s.! Seattle City Light SCL, but rate 5 F. i� (SCL) changes Commercial: Small $6.68 /kWh $6.82 /kWh Commercial: Medium $5.85 /kWh $5.97 /kWh Commercial: Large $6.73 /kWh $6.94 /kWh 1 Small general service is provided to customers who are not metered, or in the last calendar year more than half their normal billings have been at less than 50 kW of demand. Medium general service is provided to customers who in the last calendar year more than half their normal billings have been at less than 50 kW of demand and half at less than 1000 kW of max demand.. Large general service is provided to customers whose maximum monthly demand is equal to or greater than 1000 kW but less than 10,000 kW. 103 Table 0. How will Annexation Affect Government Services? Service Served Now By... If annexed to Tukwila Schools Seattle School District No change Library 0nBCounh/Lib/arySystem No change Metropolitan |it King County Council Tukwila Cib/Counoi| (7 members) Legislative (Council) eropo an ng oung/ uuno Parks King County Parks Recreation Tukwila Parks Recreation Permitting Zoning King County Development City of Tukwila Deptof Community Environmental Services (DDES) Development Fire &Ennergency N High|ineFireDinth(t {�dyof Tukwila Fire Dept Medical 5 (travel time only) 10 (niDutes): Animal Control King County no change King County (by contract) Police Services King County Sheriff City of Tukwila Police Dept Local Roads King County Dept ofTransportation City of Tukwila Dept of Pubic Works Court Sery King County District Court Tukwila Municipal Court (misdemeanors) /miodemeanom, small claims) King County District Court (small claims) 1 04 Exhibit D Annexation Process set forth by King County Countywide Planning Policy LU -32 Tukwila designated the PAA in 1995; Seattle in 1996. King County Countywide Planning Policy LU -32 establishes a process for resolving PAA overlaps in the North Highline area: 1. The cities and county should attempt to establish alternative non overlapping PAA boundaries through a process of negotiation. 2. Absent a negotiated resolution, a city may file a Notice of Intent to Annex with the Boundary Review Board for King County after the following steps have been taken: a. The city proposing annexation has, at least 30 days prior to filing a Notice of Intent to annex with the Boundary Review Board, contacted in writing the cities with the PAA overlap and the county to provide notification of the city's intent to annex and to request a meeting or formal mediation to discuss boundary alternatives, and; b. The cities with the PAA overlap and the county have either: i. Agreed to meet but failed to develop a negotiated settlement to the overlap within 60 days of receipt of the notice, or; ii. Declined to meet or failed to respond in writing within 30 days of receipt of the notice. Exhibit E RCW 35A.14.470 Annexation of territory within urban growth areas County may initiate process with other cities or towns Interlocal agreement Public hearing Ordinance Referendum Election, when necessary. (1) The legislative body of any county planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous to the territory proposed for annexation in RCW 35A.14.460 if: (a) The county legislative body initiated an annexation process as provided in RCW 35A.14.460; and (b) The affected city legislative body adopted a responsive resolution rejecting the 105 proposed annexation or declined to create the requested interlocal agreement with the county; or (c) More than one hundred eighty days have passed since adoption of a county resolution as provided for in RCW 35A.14.460 and the parties have not adopted or executed an interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county or an affected city may, however, pass a resolution extending the negotiation period for one or more six -month periods if a public hearing is held and findings of fact are made prior to each extension. (2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city or town within the county. The annexation area must be within an urban growth area designated under RCW 36.70A.110 and at least sixty percent of the boundaries of the territory to be annexed must be contiguous to one or more cities or towns. (3) The agreement shall describe the boundaries of the territory to be annexed. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public hearing shall, separately or jointly, publish the agreement at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the territory proposed for annexation. (4) Following adoption and execution of the agreement by both legislative bodies, the city or town legislative body shall adopt an ordinance providing for the annexation. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city or town upon the date fixed in the ordinance of annexation, which date may not be less than forty five days after adoption of the ordinance. (5) The annexation ordinances provided for in RCW 35A.14.460(4) and subsection (4) of this section are subject to referendum for forty -five days after passage. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by registered voters in number equal to not less than fifteen percent of the votes cast in the last general state election in the area to be annexed, the question of annexation shall be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330. Notice of the election shall be given as provided in RCW 35A.14.070 and the election shall be conducted as provided in the general election law. The annexation shall be 106 deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto. After the expiration of the forty -fifth day from but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the city or town upon the date fixed in the ordinance of annexation. (6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated territory as provided by this section, an election shall be held in the area to be annexed pursuant to RCW 35A.14.070. In addition to the provisions of RCW 35A.14.070, the ballot shall also contain a separate proposition allowing voters to cast votes in favor of annexation to any one city or town participating in an interlocal agreement as provided by this section. If a majority of voters voting on the proposition vote against annexation, the proposition is defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the city or town receiving the highest number of votes among those cast in favor of annexation. (7) Costs for an election required under subsection (6) of this section shall be borne by the county. 107 108 Exhibit F r/ t Office of the Mayor City of Seattle February 23, 2011 A E The The Honorable Dow Constantine King County Executive 401 5` Avenue Suite 800 Seattle, WA 98104 The Honorable Joan McGilton Mayor of Burien 400 SW 152 "d Street Suite 300 Burien, WA 98166 The Honorable Jim Haggerton Mayor of Tukwila 6200 Southcenter Blvd. Tukwila, WA .98188 The Honorable Wayne Alishokis Chair, North Highline Fire District 1243 SW 112 Street Seattle, WA 98146 RE: Notification of Seattle's Intent to Annex Formal Request for Meeting Dear Executive Constantine, Mayor McGilton, Mayor Haggerton, and Commissioner Alishokis: The City of Seattle is considering annexing the unincorporated North Highline area. commonly known as "White Center" (identified as Area Y in the attachment). Under King County Countywide Planning Policies LU -32 which states in part: "1. The city proposing annexation has, at least 30 days prior to filing a Notice of Intent to annex with the Boundary Review Board, contacting in writing the cities with the PAA overlap and the county to provide notification of the city's intent to annex and to request a meeting or formal mediation to discuss boundary alternatives, and; 2. The cities with the PAA overlap and the county have either: a. Agreed to meet but failed to develop a negotiated settlement to the overlap within 60 days of receipt of the notice, or b. Declined to meet or failed to respond in writing within 30 days of receipt of the notice." Seattle City Hall, 7th Floor Tel (206) 684 -4000 600 Fourth Avenue Fax (206) 684 -5360 PO Box 94749 www.seattlegov /mayor Seattle, WA 98124 -4749 mike.mcginn @seattle.gov 109 Executive Constantine, Mayor McGilton, Mayor Haggerton February 23, 2011 Page 2 This letter shall serve as the City of Seattle's formal notice of its intent to annex and request for a meeting or formal mediation with the cities of Burien and Tukwila and King County to discuss boundary alternatives. This letter does not represent a decision by the City of Seattle to seek annexation. As elected officials you are aware of the financial realities that many of our jurisdictions are facing. Many of us have had to make difficult decisions that resulted in reductions in services and in some cases core services to our residents. With the uncertainty of the future financial picture, I want to stress that any decision to proceed with the annexation process will depend upon its impact on Seattle's financial future. I have designated: Marco Lowe, Director, _Office of Intergovernmental Relations as the City of Seattle's contact person on this matter. Please direct all correspondence on this matter him. If you. have further questions, you can contact Kenny Pittman, Office of Intergovernmental Relations at (206) 684 8364 or kennv.oittman[7a.seattle.aov. Sincerely, t Michael McGinn Mayor of Seattle Attachment cc: The Honorable Richard Conlin, President, Seattle City Council Fred Jarrett, Deputy County Executive Mike Martin, Burien City Manager Steve Lancaster, Tukwila City Administrator Karen Freeman, King County, OSPPM Marco Lowe, Director, Seattle Office of Intergovernmental Relations Kenny Pittman, Seattle Office of Intergovernmental Relations 110 i z Citjiofruk Q 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor 49Q8 March 4, 2011 Mr. Marco Lowe Director, Office of Intergovernmental Relations City of Seattle PO Box 94746 Seattle, WA 98124 -4746 RE: Notification of Seattle's Intent to Annex Formal Request for Meeting Dear Mr. Lowe: Thank you for the notice of Seattle's intent to annex the unincorporated North Highline area (Area Y). The City of Tukwila is also considering annexing a smaller portion of the unincorporated North Highline area that overlaps with Area Y (identified on the attached map). Tukwila designated the North Highline PAA in their Comprehensive Plan in 1995, and in conjunction with adjoining boundary issues, the PAA has been the subject of discussions between Tukwila, Seattle and King County since 1997. Therefore, we welcome the opportunity to discuss PAA boundary alternatives and develop a negotiated settlement. The Tukwila City Council will be considering the annexation of our North Highline PAA in the coming weeks. As such, we would like to move forward with a meeting or formal mediation between the necessary parties as soon as possible. Please contact Jack Pace, Community Development Director, at (206)431 -3686 to schedule a meeting. Sincerely, J Mayo Attachment Cc: The Honorable Dow Constantine, King County Executive The Honorable Joan McGilton, Mayor of Burien The Honorable Wayne Alishokis, Chair, North Highline Fire District The Honorable Richard Conlin, President, Seattle City Council Fred Jarrett, Deputy County Executive Mike Martin, Burien City Manager Steve Lancaster, Tukwila City Administrator Karen Freeman, King County, OSPPM Kenny Pittman, Seattle Office of Intergovernmental Affairs Phone: 206- 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us 111 ,ja. y y City of Tukwila a Jim Haggerton, Mayor s 2 INFORMATIONAL MEMORANDUM To: Mayor Haggerton Committee of the Whole From: Jack Pace, DCD Director Date: March 24, 2011 RE: Addendum to the Community Affairs and Parks Committee memo regarding the North Highline Annexation Area. Since the Community Affairs and Parks Committee meeting on March 14, 2011, there is updated information regarding the Seattle City Council subcommittee's recommendations to the Seattle City Council. Also, King County has finalized the schedule for the mediation process to resolve the potential annexation area (PAA) overlap issues. On March 18, 2011, the Seattle City Council's Regional Development and Sustainability subcommittee deliberated on whether to recommend moving forward with a November ballot measure on annexation. A substitute resolution (see attached) was introduced at the meeting proposing making a decision by February 2012, rather than trying to hold an election this November. The Seattle City Council will deliberate on this issue on March 28, 2011. If Seattle wants the annexation vote on the November ballot it must notify the Boundary Review Board by April 1. Since Seattle City Council meetings are held during the day we will be know Seattle City Council's decision prior to our Committee of the Whole meeting the same day, March 28, 2011, and will provide an update at the meeting. If you want to attend Seattle City Council meeting online you can view it at httn /www.seattle.aov /councillive/ If Seattle City Council defers the decision until February 2012, it will be past the deadline stipulated in the agreement between Burien and Seattle. Burien's agreement with Seattle/King County allows Seattle to pursue annexation of the North Highline area until December 2011. After December 2011, if Seattle has chosen not to move forward with the annexation, Burien could consider annexing it. Also, King County Countywide Planning Policy LU -32 encourages using a negotiation process to resolve PAA overlaps in the North Highline area, prior to filing Notice of Intent to annex with King County Boundary Review Board. On February 25, 2011, Seattle initiated this process by notifying Tukwila of their intent to annex and requested a meeting or formal mediation to discuss PAA boundary alternatives. King County proposed using a Dispute Resolution Program and external mediator, similar to the process used in the Burien /Seattle PAA overlap dispute. These negotiation meetings between King County, Tukwila, Seattle, Burien and Fire Districts will be held on April 6` and April 19` 2011. Per LU -32, if a negotiated settlement to the overlap issues is not reached by April 25 2011 (within 60 days of receipt of the notice), a city may file a Notice of Intent to Annex with the King County Boundary Review Board for territory within its PAA. Attachment: City of Seattle resolution stating the intent of the City of Seattle to make a decision by February 2012. MD 3 -24 -11 C: \temp\XPgrpwise\Addendum to FINAL CAP Memo 3.142011.doc 1 12 Valles, C Anne Decision March 18, 2011 Version #2 RESOLUTION 1 2 A RESOLUTION stating the intent of the City of Seattle to make a decision by February 2012 whether to call for the annexation, by election, of contiguous unincorporated territory to 3 the City of Seattle, referenced as the North Highline Annexation Area, and stating the City's intent to withdraw its designation of this area as a Potential Annexation Area in the 4 City's Comprehensive Plan if a decision is made not to hold an annexation election in 5 2012. 6 WHEREAS, the Washington State Growth Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanized areas 7 within Potential Annexation Areas from county governance to city governance; and 8 WHEREAS, the North Highline Annexation Area is within the City of Seattle's Potential 9 Annexation Area adopted pursuant to Seattle City Council Ordinance 122313; and 10 WHEREAS, the City Council has determined that, based on current information, it may be in the 11 best interest and general welfare of the City of Seattle and the North Highline Annexation Area to annex certain unincorporated territory lying generally south of the existing City 12 of Seattle corporate boundary, referenced as the North Highline Annexation Area and shown on Exhibit A to this resolution; and 13 14 WHEREAS, the City of Tukwila has requested the City of Seattle meet to discuss its overlapping Potential Annexation Area with Tukwila, which may impact Seattle's ability to adhere to 15 the necessary timeline for a November 2011 annexation election; and 16 WHEREAS, the City is faced with significant financial challenges and it is difficult for the City 17 to commit to providing the appropriate level of services for the North Highline Annexation Area if the City proceeds with annexation at this time; and 18 WHEREAS, the City has an obligation to the people in the North Highline Annexation Area to 19 reduce the uncertainty about their future and it is committed to making a decision in February 2012; NOW, THEREFORE, 20 21 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT: 22 Section 1. The best interest and general welfare of the City of Seattle may be served by 23 24 the annexation of contiguous unincorporated territory to the City of Seattle, referenced as the 25 North Highline Annexation Area and shown on Exhibit A to this resolution. 26 27 Form last revised on 12/11/09 1 113 Valles, C Anne Decision March 18, 2011 Version #2 Section 2. The City of Seattle shall meet with the City of Tukwila to discuss its 1 2 overlapping Potential Annexation Area. 3 Section 3. The City Council requests the Executive to verify its financial projections and 4 submit an updated financial report on providing services to the North Highline Annexation Area 5 by December 31, 2011. The City Council will provide a list of questions regarding the 6 Executive's report submitted on January 18, 2011, Analysis of the Potential Annexation of North 7 8 Highline into the City of Seattle by April 30, 2011. 9 Section 4. The City Council commits to making a final decision as to whether to proceed 10 with an annexation election by February 28, 2012 and to withdraw its Potential Annexation Area 11 designation if it decides not to proceed with an annexation election in the North Highline 12 Annexation Area in 2012. 13 14 Adopted by the City Council the day of 2011, and 15 signed by me in open session in authentication of its adoption this day 16 of 2011. 17 18 President of the City Council THE MAYOR CONCURRING: 19 20 Michael McGinn, Mayor 21 22 Filed by me this day of 2011. 23 24 25 City Clerk (Seal) 26 27 Exhibit A: Map of North Highline Annexation Area 2R Form Iast revised on 12/11/09 2 114 J• 4s o City of Tukwila y Community Affairs and Parks Committee �a" COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes March 14, 2011— 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie and De' Sean Quinn Staff: Rick Still, Robert Eaton, Shawn Hunstock, Lynn Miranda, Minnie Dhaliwal, Brandon Miles, Steve Lancaster and Kimberly Matej Guests: Michael Mays (Clear Channel), Justin Rose (Pacific Golf and Cart) CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:00 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Leasing of City Property for Digital Billboard Staff is seeking Council approval to enter into a lease agreement with Clear Channel Outdoor (CCO) for the City -owned property located at the northeast comer of West Valley Highway and South 180 Street. CCO will be utilizing the property to locate and operate a digital billboard. Currently, NC Power Systems is using the property, and may continue using the property provided rent is paid to the City. At this time, it does not appear as if NC Power has a need for continued use. However, if at a later time, they desire to use the property, CCO's lease agreement does not restrict other uses, and a new agreement could be discussed. Highlights of the lease agreement with Clear Channel Outdoor include: 9 Fifteen (15) year lease, termination clause and mutually renewable 9 Lease rate of $25,000 annually with a 7.5% increase every five years O CCO will provide property access, currently there is none Committee Members expressed appreciation for staff's effort to communicate intentions and processes with NC Power Systems. In relation to property access above, Committee Member Duffie commented that a driveway cut should be made in the sidewalk for vehicular access to the property in order to avoid driving over the sidewalk. Committee Chair Seal stated that it is essential that we make sure that we comply with our own codes and regulations. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. B. North Highline Annexation Staff is seeking Committee approval of a resolution that states the City's interest in commencing negotiations of an interlocal agreement with King County for the annexation of the area known as North Highline. This area was identified as a potential annexation (PAA) area in the City's Comprehensive Plan in 1995. The bulleted items below briefly describe the PAA: 6 Approximately 135 acres Twenty -four (24) parcels O $91 million accessed value Currently zoned industrial Revenues are projected to be more than the costs of annexation 115 Community Affairs Parks Committee Minutes March 14, 2011 Pace 2 The memo included in the Committee agenda packet provides additional information including new revenue and effects of annexation. Staff discussed an overlap between the City of Seattle's and Tukwila's PAA's. Seattle has notified the City of Tukwila that they are considering moving forward with an ___X__ annexation vote this fall. However, King County Countywide Planning Policies require that the two cities participate in a PAA boundary resolution mediation process prior to notifying the Boundary Review Board of intent to annex. This draft resolution in no way commits the City to annexation. It simply allows the City to initiate negotiation process with King County, and it is required per RCW 35A. 14.470, if participating entities want to use the interlocal agreement method of annexation. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. C. Bid Award for 34 Golf Carts Staff is seeking Council approval to award a bid in the amount of $114,030 to Pacific Golf and Turf for the purchase of 34 gas powered golf carts for Foster Golf Links (FGL). Staff provided background information on golf cart use at FGL including gas carts compared to electric carts, and the history of long -term cart lease to own program versus buying carts outright. Currently, FGL owns 34 carts that are six -years old. Staff is recommending trading in 10 carts and purchasing 34 additional carts which will provide FGL with a fleet of 58 carts eliminating the need for short-term lease during the high demand golf season. A significant concern of this purchase is the possibility of a resulting negative fund balance for FGL, and the need to be subsidized by the City's General Fund. Committee Members requested staff provide an explanation of the overall new business plan mentioned in the meeting and modify the memo that goes to full Council to talk about the strategic plan process outlining year by year, showing the costs savings of an outright purchase. The Committee did not make a recommendation as they feel a full Council discussion is necessary to determine the best choice for the City. NO COMMITTEE RECOMMEDATION. FORWARD TO MARCH 28 COW FOR DISCUSSION. D. Parks Recreation Annual Report As an information only item, Rick Still reviewed the 2010 Parks Recreation Annual Report with the Committee. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Monday, March 28, 2011 5:00 p.m. Conference Room #3 9 Committee Chair Approval Mi tes b KAM. Reviewed by MD. 116 COUNCIL AGENDA SvNoPsI 41 0L!At `I` yV Initials ITEM NO. O� Meeting Date Prepared by Mayor;r-rei Council review r Ei G� 1 03/28/11 1 RE 1 a "i A -i 04/04/11 1 RE I 9021V 4, D ITEM INFORMATION 1 CAS NUMBER: 11-041 I STAFF SPONSOR: RICK STILL I ORIGINAL AGENDA DATE: 3/ 28/11 AGENDA ITEM TITLE Bid Award for Purchase of 34 Golf Carts CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 03/28/11 Mtg Date Mtg Date Mtg Date Mtg Date 04/04/11 Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Award a bid to Pacific Golf and Turf for the purchase of 34 Gas Powered Golf Carts in the 1 SUMMARY amount of $114,030.00 for the Foster Golf Links. Ten old carts from the currently owned fleet will be traded -in as part of this purchase. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 03/14/11 COMMITTEE CHAIR: COUNCILMEMBER SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department COMMI1 hE Forwarded to Committee of the Whole with no recommendation COST :IMPACT FUND SOURCEq EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $114,030.00 $120,000.00 Fund Source: 411.00.582.760.75.00 CAPITAL LEASES AND INSTALL Comments: MTG. DATE RECORD O,F CO,UNCIL`' ACTION 3/28/11 MTG. DATE ATTACHMENTS 03/28/11 Informational Memorandum dated 3/9/11 REVISED 3/23/11 (after CAP) Attachment 1 and 2 NEW after CAP, plus Exhibits A -D Minutes from the Community Affairs and Parks Committee meeting of 3/14/11 11 7 118 �yd ILA T t' 4S. Y Tukwila Rick Still, Parks and Recreation Director 4 `190= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director RE Robert Eaton, Park/Facilities Project Coordinator DATE: March 9, 2011 Revised March 23. 2011 SUBJECT: Bid Award for Purchase of 34 Golf Carts Revised per CAP Discussion ISSUE Award the bid for the purchase of thirty four (34) Gas Powered Golf Carts for Foster Golf Links. BACKGROUND Foster Golf Links currently owns 34 golf carts that were purchased through a 60 -month lease to own program in 2005. The current fleet is 6 years old and has met its life expectancy; many carts are worn out, not running well and need significant repair and replacement parts. In addition, every year additional carts are rented to meet the high demand during the busy months. CART REPLACEMENT PLAN: When the clubhouse was constructed in 2004 a cart replacement plan was developed to have the carts on a 4 -year replacement cycle. This project will begin the process of `cycling' out the older carts while growing the fleet size to meet customer demand. Staff desires to purchase 34 new carts (and trade in 10 carts) based on customer demand and additional revenue potential verses using a short-term lease. The purchase and trade in will increase the fleet to where short-term leases will not be needed. A fleet of 58 carts will provide a better service to our customer, provide a fully operational fleet and reduce annual cart maintenance costs. Having more carts on hand at all times will provide additional opportunities to generate revenue. With purchased or lease to owned alternatives, there is potential revenue can be collected on the carts mainly during the "fringe" months (April, May, September, and October depending upon the weather). FUNDING: An annual allotment to fund the purchase of the carts is in the 2011 -12 Budget. The funds come from combining $16,100 from line item 411.00.576.681.45.00 "Operating Rental and Leases" into the 411.00.582.760.75.00 "Capital Leases and Install" line item. The total annual amount available for an annual pay back program is $27,766. Instead of beginning another 60 -month lease, Foster Golf Links will "borrow from itself" or use the year end fund balance to make an outright purchase of 34 new carts. The purchase option was selected over a lease to own option because the pay back will take 49 months with no interest. A lease to own option purchase price per cart is $533 more (totally $132,136) over the term and there is approximately $18,900 interest associated with the lease. Making the annual budgeted payment of $27,766 will complete payoff in 5 years and 7 months and cost approximately $37,000 more during this longer term. Furthermore, that will put our replacement cycle behind by an additional 2 years. The life expectancy of a golf cart is between four and six years. After this, the repair 119 INFORMATIONAL MEMO March 9, 2011 Revised March 23, 2011 Bid Award for Purchase of 34 Golf Carts Page 2 and maintenance of the 24 carts is projected to cost approximately cost $200 to $300 per year for each cart, or approximately $5,000 annually. FUND BALANCE: It should be noted that if operations continue as they did in 2010 a worst case scenario could arise. The extremely poor weather in 2010 resulted in a fund loss of approximately $100,000 (after debt service payments). This Toss significantly impacted an already modest fund balance. If operations continue as they did in 2010, there is a potential that the fund balance could go negative by the end of 2011 with the acquisition of these 34 new carts. This worst case scenario would result in a need to allocate 2012 general fund subsidy to the golf fund in 2011 to prevent a negative fund balance. This could simply be a timing issue because the primary golf season is just around the corner. Also, this is a short term issue as the "internal loan" will be paid back after four years. If the course experiences a season similar to 2010, additional contributions from the general fund will be necessary within the current biennium, however this would correct itself in following biennium. Please see alternatives below and Attachment 1 for a cost breakdown for each alternative over a six year period. The importance of having these carts for customer service and revenue generation is so great that staff is recommending to not filling the vacant Golf Lead Maintenance position until January 2012. The savings from holding this position open for six months will be approximately $57,000 and will help keep the fund balance from approaching negative in this biennium BUSINESS PLAN: The City of Tukwila will be updating the business and marketing plan for Foster Golf Links. The City will advertise for an RFP seek proposals to complete the plans that include a set of recommendations for future operation, marketing, and management of the golf course based on sound market and facility research. Please see Attachment 2 for a more detailed discussion of what this could include. ANALYSIS Bid proposals for the purchase of 34 gas powered carts were advertised on February 17, 2011. Four bids were received and opened on Thursday, March 3, 2011 and were checked and tabulated. Pacific Golf and Turf is the apparent lowest bidder with a base bid of $114,030.00. Staff estimate was $120,000.00. After reviewing the bids, it was determined that Pacific Golf and Turf is the lowest qualified bidder. FUND BALANCE: Foster Golf Links' year end fund balance may be an issue if the weather impacts the number of rounds played in 2011 as it did in 2010. Below is a description of how a potential negative fund balance can be minimized while purchasing the 34 gas powered carts in 2011. It should be noted that this $14,792 may impact the fund balance however will not necessarily create a negative fund balance as it dependent upon the revenue stream throughout 2011. Purchase of 34 carts from Pacific Golf and Turf $114,030 2011 Budget 411.00.582.760.75.00 "Capital Leases and Install" 27,766 Repair of existing carts $10,000 Potential additional revenue of purchasing vs. short-term lease 24,472 Salary and Benefit Savings from vacant position 57,000 2011 Fund Balance impact in worst case scenario $14,792 C Vempl%Pgrywee4Gdl Carl Bid Award Infamalaal Memo (3-9 revised 37511 revised for COW 32611 rs doc 3/7•1011 245.42PM 120 INFORMATIONAL MEMO March 9, 2011 Revised March 23, 2011 Bid Award for Purchase of 34 Golf Carts Page 3 COST SAVINGS: Attachment 1 demonstrates an annual breakdown of costs and potential revenue of the various Alternatives listed below. Please note the number of years and the final cost at the end of the pay back for the purchase and lease options. BUDGET AND BID SUMMARY Staff Estimate $120,000.00 Pacific Golf and Turf $114,030.00 Northwest Yamaha Golf Cars $114,360.00 Thermo Kind Northwest $130,130.00 MC Electric Vehicles $232,830.00 ALTERNATIVES 1. Continue with currently owned 34 carts and short -term lease of 24 carts: Reject all bids due to the negative fund balance issue and utilize a short -term lease through the year; and repair all current carts to fully operational at a cost of about $12,000. Maintenance costs may increase this price throughout the years. The short -term lease provides carts for only the high season and for large tournaments. This option minimizes the potential negative fund balance issue, however, the carts will pass their life expectancy and the replacement cycle will be delayed. 2. Utilize NIPA lease to own option for 34 carts: Reject all bids due to the potential negative fund balance issue and utilize the National Intergovernmental Purchasing Alliance Company (NIPA) lease to own option. This is similar to the `state bid' program but it is a national program. The City of Tukwila is registered with this program. The lease option will cost approximately $37,000 more over a 67 -month term (5 years 7 months). Potentially, the carts may not be here by May 2 when the golf operations need to have the large number of carts. 3. Reduce the number of carts purchased with additional short -term lease program of 14 carts: Modify the bid to reduce the number of carts purchased. Reducing the number of carts could help to reduce the potential negative fund balance issue, however, the bid proposals were for 34 carts. It would have to be determined if we can reduce this number with the current bid packets and be approved by the apparent lowest bidder. If the bids were rejected and the bid process reinitiated for a lesser number of carts, the vendors could not provide the carts in time to meet the May 2 golf operation needs. This option would need to utilize a short-term lease program for 14 carts for 4 months. 4. Purchase 34 carts and discontinue short-term lease program: Award Bid for the purchase of thirty -four (34) gas powered golf carts and discontinue short-term lease program. If the vacant position savings is utilized this option allows replacement of the remaining 24 owned carts in 2015. The carts will be over ten years old at that time. C VempU(Pgrpw5elGWICad BO Award Inlamalpnal Memo() 9 11) re.ned 32111 ievrsed for COW 32611 rs doc 32312011 2 45 42%.1 121 INFORMATIONAL MEMO March 9, 2011 Revised March 23, 2011 Bid Award for Purchase of 34 Golf Carts Page 4 RECOMMENDATION The Council is being asked approve the recommendation of a bid award for the purchase of thirty -four (34) gas powered golf carts to Pacific Golf and Turf in the amount of $114,030.00 and to consider this item at the March 28, 2011 Committee of the Whole meeting and subsequent April 4, 2011 Regular meeting. ATTACHMENTS Attachment 1 Golf Cart Lease /Purchase Analysis for Alternatives Attachment 2 Foster Golf Links Business Plan RFP Exhibit A Pacific Golf and Turf Bid Exhibit B Pacific Golf and Turf Loaner Fleet Commitment Exhibit C Bid Tabulation dated March 3, 2011 Exhibit D Budget Sheet Pg 283 in the 2011 -2012 Budget Book 122 C11 mpV Pggwae Gdl Ca EA Awatllnformaio alM o1411)ie is E17111 ie db COW 32 &11rsbx 3232011265 dj A O O p M N 4 00 t0 0 0 t 0 CO O a0 o m o m rn in m A' ui d io CO a) .....03 0 Vl N. <4 iD h w 0 N Golf Cart Purchase u r' VI- s Y= 0 t tJ U N O }I O U} O CO W U ,y. Q N iD p N Oi ID 00 LO CO C crs p LO O to <13 p d W Cr7 N r: O M N N .0 N N 0 t0 l0 M ov M N ,F d Vl N 0 r l 01 e 1 m 0 h al N h N m Lc) O In h N O J N c-i ul LID U N N i/Y ON D t!� t!} 4/? a/Y in fY in O O N H VI. O i0 O O W 0 N 0 Q) d p Lc, LID 00 O M CO LO OD O0 r M l D 0 0 M h N M N s N 0 h CO 0 h r h M m N N h N N r.... N Lri N 1.11 N N th L} p M +h t11 V? 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N N V) L t- Q m e 0 a c w r m ,N c d t u c 4 rL q 7 9 0 3 U i C. 1.3 O a w Attachment 2 Foster Golf Links Bid Award for Purchase of 34 Golf Carts Business and Marketing Plan RFP BUSINESS PLAN: As is indicated in the memorandum for the purchase of 34 gas powered carts, the City of Tukwila will be updating the business and marketing plan for Foster Golf Links. The City will be seeking proposals to complete those plans that include a set of recommendations for the future operation, marketing, and management of the golf course based on sound market and facility research. The following types of analysis will be the proposed scope of work for the Business Plan consultant Request for Proposals (RFP): Evaluate and analyze the operational structure of the golf course, including current management practices, staffing levels, policies, procedures, job descriptions and training. Review and analyze the operating and maintenance practices of the golf course. Review the golf facility for efficiency, maintenance upkeep and physical integrity. Identify capital improvements that are required to maintain the golf course in a competitive market condition and estimate the associated costs and incremental revenues that will result. Analyze the local golf market for such trends as golf activity, fee structures, services and how these trends impact the Tukwila market share and financial performance. Provide recommendations on golf course policies and fee structure. Prepare a ten -year financial projection for the golf course. Evaluate and analyze the local area and provide a multi -year marketing plan to include print, radio, internet and partnership opportunities. Evaluate funding alternatives in order to reduce the debt service payments. Evaluate other possible land uses for non -golf related activity at the facility. 125 126 Exhibit A 4 .,vJIL :q 1 t I of Tukwil /90B ...."gt SPECIFICATIONS THIRTY -FOUR (34) GAS POWERED GOLF CARTS This specification is to set forth the specific requirements for a fleet of thirty -four (34) gas powered golf carts, numbered 1 34. The carts are to be new 2011, two seat capacity, gas powered, white body with white or similar colored roof and have a solid windshield, sweater basket, drink holders and hub caps. Bid will include the Trade in of ten (10) 2005 Club Car Precedent Golf Carts in running condition. These devices shall be to the manufacturer's standard. They shall be equipped with the manufacturer's equipment and accessories which are included as standard in the advertised and published literature for these units. No such item of equipment or accessories shall be removed or omitted for the reason that it was not specified in the bid. If it is necessary to bid alternate equipment or to take exceptions to the specifications as set forth, this must be so stated in your bid. For each item, please place an X in the appropriate space (Yes No to signify whether or not you are in complete compliance with the specification. Failure to follow the format or answer the specification may cause your bid to be disqualified. If you need extra space to describe your product, please attach extra sheets. When doing this, be sure your description references the appropriate question number. Delivery of all thirty -four (34) carts must be by 10:OOam on Monday, May 2, 2011. If new vehicles are not delivered by this date and time then a loaner fleet of thirty -four (34) comparable carts in good operational condition shall be provided to the City of Tukwila, Foster Golf Links, at no additional charge until delivery of purchased equipment happens. All carts are to be factory set to regulate speed control to a maximum speed of 10mph. Page of Printed: 2/17/11 9:56 AM 127 COMPLY SPECIFICATIONS YES NO 1. Gas Engine X 2. Minimum 350cc's X 3. Minimum speed of 8mph Y 4. Four Rubber Tired Wheels ___y_ 5. Bag Carrier —1( 6. Bumpers 7. Minimum 5 gal fuel tank capacity 8. 2 person seating capacity 9. Color White Body X 11. Color White or similar light color roof X 12. Solid Windshield X 13. Sweater Basket Y 14. Drink Holders Please specify number 4 X 15. Numbered Decals (1 34) X 16. Hub Caps j( 17. Manuals: Four (4) Operator's and Four (4) X Maintenance /Parts manuals 18. a. Delivery of all completed golf carts by 10:00a.m. on Monday, May 2, 2011 X /vlcasr N/1ve_V-rn o4 b. Delivery of all completed loaner golf carts by 10:00a.m. on o7,7" A4; 2 1 y -S Monday, May 2, 2011 if purchased carts are not delivered. 19. Full Four (4) year coverage warranty. X 20. Please list on separate sheet of paper, any additional pertinent information not covered in the specifications area of this bid, (i.e. loaner carts during warranty repair work, rental pricing for extra carts, etc.) and any significant benefits associated with the purchase of your carts. X 21. Supply a copy of manufacturer's warranty with bid. Y 22. Supply a copy of any additional dealer's warranty with bid X 23. Vendor to state number of years in business as a golf cart supplier 25 w,„.lecs 24. Completed units are to be delivered to the followina address. cleaned. numbered. and ready to oface in service: (Customer) City of Tukwila Foster Golf Links (Street address) 13500 Interurban Avenue South (City, State, Zip Code) Tukwila, WA 98168 Page 2 of 5 Printed: 2/17/11 9:56 AM 128 COMPLY SPECIFICATIONS YES NO 25. MANUALS: SUCCESSFUL BIDDER SHALL PROVIDE FOUR (4) SETS OF THE FOLLOWING: Y 1. Service manual X 2. Parts manual X 3. Lubrication charts (if applicable) X 4. Wiring schematic (as built) X 5. Operator manual 26. Are manuals available on computer disk? If yes, please Y( provide one CD of each manual. 27. Sets will include, but will not limited to: X 1. Engine X 2. Electrical and diagnostics X 28. All manuals will be available with the vehicle at the time of delivery. 29. TRAINING: Give name and phone number of a person or persons who would be available to assist in solving technical problems Name...) pt F- 5Cgvicc- 42.5 1 5- 0gG P s Agiv46-6e 30. Mechanic Training may be at factory or on -site, and will consist of, but not limited to, engine, transmission, brakes, wiring and electrical systems, and suspension. Trainer will provide all visual and teaching aids needed. Training will be within 60 days after delivery. Training not conducted at Tukwila will include all expenses to training site and returning x to Tukwila. Training is to be at a mutually agreeable date and time. Training requested is for 1 day for 4 hours. 31. The City of Tukwila reserves the right to waive, decline, or take exception to any order if specifications are not met or changes are not approved. X' I MINIMUM REQUIREMENTIES FOR WARRANTY BELOW: 1 Component 1 -Yrs" IVliles Hours 'Manufacturer's` I Clutch System L Y 3 A/7 /I C .7G0 Suspension 14 1 1 Transaxles I,A' 3 1 1 I Control Cables IJr 1 1 I Speed Controller 14 1 1 I Brake System 14 I 1 Frame I irL«c —TiAirr: 1 1 Electrical System I,4 I 1 Body Panels, Trim, Bumpers 143 I 1 Seats 14 1 1 Canopy /Roof System 14 I 1 Powertrain (engine, starter, /3 IV W torque converter, etc) Page 3 of 5 Printed: 2/17/11 9:56 AM 129 YES NO COMMENTS The City of Tukwila shall be authorized to make minor emergency repairs and will be reimbursed by the bidder as per applicable warranty for parts and labor, not to exceed two hundred ($200.00) dollars per incident. Bidder will pay all transportation costs associated with warranted repairs, unless a mutually agreed -upon site or method of transport is used. At no cost to the City of Tukwila, prior to warranty expiration, the CPT ss aedamieCn To s'crf6aULe bidder will make an equipment inspection and perform any C.476-, wrriI DE -G: warrantable repairs. The warranty will include the cost of transporting, if necessary, because of the failure of a warranted part. Replacement and /or rebuilt parts warranty will be six (6) months y( i;G— ,P2...446 VT P4 PT..s after installation or manufacturer's warranty, if longer. TV- Gv✓Grc-o f3"/ v✓ J If the failure of any system or subsystem causes the failure of another system, the warranty of the original failure will cover all subsequent failures. Bidder is to provide to the City of Tukwila, at no cost, all forms, ,y Glr3/4 LG Anus; S) i books or software, including points of contact, necessary to x submit warranty claims. 4 u- WrneillaNf`/ 644144S Repairs made by the bidder shall begin within five (5) days of notification and be completed in a timely manner. Parts to be shipped within five (5) days of request. Coo own).- o v yes 1 1 O4 3.40everec-.4 f oM USE OF OTHER NAMES AND REFERENCES Unless otherwise stated, the use of manufacturer's name and product numbers are for descriptive purposes and establishing general quality levels only. They are not intended to be restrictive. Bidders are required to state exactly what they intend to furnish, otherwise, it is fully understood that they shall furnish all items as stated. BROCHURES AND LITERATURE Your proposal must be accompanied by descriptive literature (marked), indicating the exact items to be furnished. The term "as specified" will not be acceptable. Page 4of5 Printed: 2/17/11 9:56 AM 130 BID SUBMITTAL SHEET THIRTY -FOUR (34) GAS POWERED GOLF CARTS Make /model proposed: -oI) C�Go 1 XT Unit Price Per Golf Cart as specified: 3-q 500 Total Price for Thirty -Four (34) Golf Carts as specified: 2-c7; 0 3 0 00 <Sales tax is not included, the City charges sales tax at the time of renting the carts to golfers.> Trade -In Price Per Cart for 2005 Club Car Precedent Golf Carts: S0O u, Total Trade -In Price for Ten (10) Golf Carts: 15, 000 o �u �'�Aocs Mu61 sr9,e 5 a' D .5 i &-E'Q pt. tRwo- 4/.96n4i Oi' 777U 4N1' A/o-r €4,50 G osM6T1 04,14.44 i3GYoA' v o ,e n q` WE4,e .4✓0 TOTAL (after Trade -In amount deducted): 1 14, 0 30 Delivery time in calendar days after receipt of order: 45 0.4Ys F, ,n e6,16- Gomm rMC -�i Do you certify that you are not on the Comptroller General's list of ineligible contracto.s nor the list of parties excluded from Federat procurement or nonprocurement programs? (Yes) No Company Name l'', it c- oLr- �ric� IN,�,= UBI# 0a. 0K 19S Address i91 gi lS16 EObb ,4vC- City /State /Zip code 7i]7n Ham, 5H WA 98� c l I c'FFic& 360 568-7799 Phone 253 Soo -q Fax 360 -77 Name (please print) ∎)r./4-r ti gsr- Title I/414u4-7-0,f, 5,4L.c5 \c- 4/7- .97- Signed �4 Date Page 5 of 5 Printed: 2/17/11 9:56 AM 131 Thank for the opportunity to bid for the cart fleet at Fosters Links. Please take the following page of information into consideration when reviewing the bid. While no golf car manufacture carries a full four warranty on their cars, EZGO does have the most coverage of any manufacturer. I have attached a comparison sheet showing the factory warranties of both EZGO and our competitors. The 401cc, 4 cycle, low emission engine in the EZGO TXT car provides 13 horsepower. This extra power allows the EZGO TXT car to run at a lower RPM thus using Tess fuel and providing a ride with less vibration then other cars. This engine also uses a standard screw on oil filter to protect the engine where one of our competitors uses a splash style oil system with no oil pump or oil filter. Rentals are available before delivery but we must know how long they will be needed before we are able to determine if there will be a charge for them or not. This will be determined from when the order is received if we are the successful bidder. Pacific Golf and Turf Headquarters are located in Ridgefield Washington. With offices in Snohomish, Spokane, Ridgefield, and four additional in Oregon and Hawaii allows Pacific Golf and Turf to stock a large inventory of parts. Based out of Snohomish we employ a full time mobile golf car mechanic to provide you with any of your warranty or service needs. If there are any questions during the discussion period please do not hesitate to give me a call or email. Tha ou 41 j�j... Austin Rose Pacific Golf and Turf Washington Sales Representative (253) 508 -9192 jrrose @pacificgolfturf.com I 132 Warranty Comparison L L S r R': 1 fA I 6; L: N fA L N L L L N V) N N L L L L L 1 Y tx,i: L L L L L L I jI6 n N O O I a) a) O IS O a) N a) a1 O a) a) a) a) m a) 41 a) a) a) 1 �f c0 E O q y-: ',7 6 7i n.`#.i 3°1 0 N r- V' vir r N c.7 a- s- r cr `'1' M t r- V. r, N c': 1 E a se: Ii• 5 H UI 4: e F i C >am I t M :4 gr, 1 D a (J a to to to to t RS' O L° L ',L' L 2 E L L L L L I� L L L L i a) N O O s W N 1N W N N m N co N W� v N 0 4) N 3 v. e c O W CL u�- Z i r i g. G s Z :J V' M M; NS N V V M N y r M M i n t M N N N i r Y:;' 'ili ,:„.,,,,..„,,,:,v,, ..,,,,iLtii,._. L r1 P� i .t G �.E a`r '-P N f i t d) N N N �ra:1a b F� '�f F: i O t .,,,,,C,..4_44. y 1 m N "."'66.:' tA in N u) to N N Et� atlJ N 2 (t�� xS L O L L .G L L L L L L L L: c .-1 W 11.1 O 1 E Q m m a) m m R N o 03 at m W a) w a O f6 2 /Q ,.5 a N 'ch. N k .J .r M c+ �r N `7 V' i7 N Tr l+) co d' M N N N N I� r J o N Q'? I N '4a c 145. rn k N N W ill Ln Ln- L n' En i 'N N N Ti r,i c a I J o d 0 O ki A a) 0 .f0 ILO N N a0 l0 14 f0 N ?f0 N c@ N t(L6 .N F a t0 N r N w a) m a) a) a) w a) a). a) a) w O a) a) a) a) I n s Q o w 7 0 '7% W H a) N i J ,trt74 c O. Y a N J I{ WC I P;', `t o 7 0) r 77 irfi r r f F� o V O W 0 s r IJ Ill ��/J (N N/�� t4 ((//�j N p. N V) [!1 tq 'try 2N•: I.� p 1 L L L' L C: c L ,L C' N L L L L L L' L L L L. G r, 'go a a Q J IO N A r 10 l6 N N f0 .f0 l6 f6 N N (O [O f6 /d i a5 (O [O (a (0.- ra. r.� I a) W. O d al Q3a) /U a) a) N O a) a) .a) a) al aa1 of :,,i,!.:9; a) aY- .a {ll 15 rN J' crMx t �N �f4rMt'Vd McriM4 It '03: a7�M±n l (0 i I I i xl v E M F R— ry Lii ‘7 ti N a: N C L r j h i; E aa) 1: J 3 0 ca i 0 m 3 0 m y a J° it to A N '0 O L E n O O a) N 1; V L -V G G G a m L m E d 13 r' i N E to o C .r -b i I w O 0 t 'a U rO. w a k l i t �V' .II i y ai O 4E• .2 to s N g m C C y R N N X !Z} L i u G r C 7 E lei a) 5 lL 0 N N Q N d O Po C m ZS .a V E a r I a Z¢ !AN E N N V (0a is C -a o C C O Y N t U U N E u J,. i �w 0 as ,o, 0 m t) v m w m a a o E E a: x m`a) 0 03 'i= U; LLCO(9 0(0 UUmc0W ¢m 133 404 al l Pacific Exhibit B Golf /R. Turf if the PO from the City of Tukwila for 34 golf cars is released on April 5`", Pacific Golf and Turf will provide 34 rental golf cars until the 34 new 2011 EZGO TXT Gas cars are delivered to Fosters Golf. This will consist of the 10 used trade -in from Fosters and 24 cars from Pacific Golf and Turf. Thank you Justin Rose Pacific Golf and Turf 253 508 -9192 134 CITY OF TUKWILA Exhibit C OFFICE OF THE CITY CLERK Christy O'Flaherty, CMC, City Clerk BID OPENING Thirty Four (34) Gas Powered Golf Carts March 3, 2011 10 :00 A.M. SECURITY ADDENDUMS TOTAL BASE, BID APPARENT BIDDER NAME BID ACKNOWLEDGED PRICE LOWESTBIDDER PATE STAMP OF RECD {None) RANK ORDER) Thermo King Northwest 02/28/2011 3:41 PM 130,130.00 3 Northwest Yamaha Golf Cars 03/01/2011 10:53 AM 114,360.00 2 MC Electric Vehicles 03/03/2011 8:47 AM 232,830.00 4 Pacific Golf and Turf 03/03/2011 8:54 AM 114,030.00 1 ENGINEER'S ESTIMATE z0oo0.00 The above figures appear as written within bid documents; and as read aloud at bid opening. THEY DO NOT however, REPRESENT ANY BID AWARD; apparent low, or otherwise. DATED this 3 day of March, 2011. f orb Christy O'Flahe City Clerk 135 2011 -2012 Biennial Budget City of Tukwila, Washington Foster Golf Operations Exhibit D Expenditure Revenue Summary 2008 2009 2010 2011 2012 2010 -11 2011 -12 Object Description ACTUAL ACTUAL BUDGET BUDGET BUDGET change change 110 Salaries Wages 672,795 739,968 769,240 802,027 1 826,927 1 4.26 %I 3.10% 120 Personnel Benefits 250,920 267,686 321,016 238,654 1 264,461 1 25.66 %1 10.81 %1 130 Supplies 197,518 189,925 230,000 231,908 1 231,908 1 0.83 %1 0.00 %1 40 Other Services Charges 181,818 308,251 316,675 293,107 1 285,282 1 7.44 %1 2.67 %1 50 Intergovt. Services &Taxes 7,077 68,194 6,000 72,000 1 73,000 11100.00%1 1.39 %1 160 Capital Outlays 50,000 75,000 1 25,000 1 50.00 %1 66.67 %1 100 Other 175;417 159,784 738,978 571,673 1 579,183 1 22.64 %1 1.31 %1 'EXPENDITURE TOTAL 1,485,545 1,733,808 2,431,909 2,284,369 1 2,285,761 1 6.07 %1 0.06 %1 'REVENUE 1 'Golf Fund 411 Working Capital' (600,439)1 (22,265)1 169,909 372,169 1 370,514 119.04 %1 -0.44 %1 1Greens Fees 1 1,098,808 1 1,043,663 1 1,310,000 1,200,000 1 1,200,000 8.40 %1 0.00% 1Transfers -In I 502,2401 328,5591 450,000 225,0001 225,000 50.00 %J 0.00% 'Power Cart Rentals `192,0781 186,0401 186,000 195,0001 195,000 4.84 %1 0.00% Sales of Merchandise 170,2621 157,9671 170,000 128,0001 130,000 24.71 %1 1.56% Concession Proceeds 1 50,499 1 19,248 1 120,000 120,000 1 120,000 0.00 %1 0.00% 1MiscellaneousRevenue 1 72,0971 20,596, 26,000 44;2001 45,247 70.00 %1 2.37 %1 1REVENUETOTAL 1 1,485,545 1 1,733,808 2,431,909 2,284,369 1 2,285,761 6.07 %1 0.06 %1 Page 283 136 Community Affairs Parks Committee Minutes March 14, 2011— Paae 2 The memo included in the Committee agenda packet provides additional information including new revenue and effects of annexation. Staff discussed an overlap between the City of Seattle's and Tukwila's PAA's. Seattle has notified the City of Tukwila that they are considering moving forward with an annexation vote this fall. However, King County Countywide Planning Policies require that the two cities participate in a PAA boundary resolution mediation process prior to notifying the Boundary Review Board of intent to annex. This draft resolution in no way commits the City to annexation. It simply allows the City to initiate negotiation process with King County, and it is required per RCW 35A. 14.470, if participating entities want to use the interlocal agreement method of annexation. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION. C. Bid Award for 34 Golf Carts Staff is seeking Council approval to award a bid in the amount of $114,030 to Pacific Golf and Turf for the purchase of 34 gas powered golf carts for Foster Golf Links (FGL). Staff provided background information on golf cart use at FGL including gas carts compared to electric carts, and the history of long -term cart lease to own program versus buying carts outright. Currently, FGL owns 34 carts that are six -years old. Staff is recommending trading in 10 carts and purchasing 34 additional carts which will provide FGL with a fleet of 58 carts eliminating the need for short-term lease during the high demand golf season. A significant concern of this purchase is the possibility of a resulting negative fund balance for FGL, and the need to be subsidized by the City's General Fund. Committee Members requested staff provide an explanation of the overall new business plan mentioned in the meeting and modify the memo that goes to full Council to talk about the strategic plan process outlining year by year, showing the costs savings of an outright purchase. The Committee did not make a recommendation as they feel a full Council discussion is necessary to determine the best choice for the City. NO COMMITTEE RECOMMEDATION. FORWARD TO MARCH 28 COW FOR DISCUSSION. D. Parks Recreation Annual Report As an information only item, Rick Still reviewed the 2010 Parks Recreation Annual Report with the Committee. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Monday, March 28, 2011 5:00 p.m. Conference Room #3 7 Committee Chair Approval Mi tes b KAM. Reviewed by MD. 137 138 COUNCIL AGENDA SYNOPSIS ILA (r Initials ITEM NO. s iv Meeting Date Prepared by Mayoreav until revien 1 a f;' 0 I 02/22/11 1 SH 1 1 i 0 4' 0 03/28/11 I SH I I Z9o: I I I I I q. E' ITER INFORMATION CAS NUMBER: 11-007 1 STAFF SPONSOR: CITY COUNCIL I ORIGINAL AGENDA DATE: 02/22/11 AGENDA I1"EM TITLE An ordinance to raise the tax rate applied to social card rooms. CATEGORY Discussion ['Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 03/28/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pi-V SPONSOR'S The attached ordinance would increase the tax rate applicable to social card rooms from SUMMARY 10% to 15 REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/22/11 (REGULAR MTG.) CONDEIl"1'EE CHAIR: CITY COUNCIL RECOMMENDATIONS: SPONSOR /ADMIN. City Council COMMITTEE i COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTW,D ATE, N RECORD OF COUNCIL ACTION` 02/22/11 No action taken, defer agenda item to future COW meeting. 03/28/11 MT DATE 1:; y ',:"'ATTACHMENTS 03/28/11 1 Informational Memorandum dated 03/24/11 Ordinance in Draft Form Minutes from the 02/22/11 City Council meeting 139 140 ,1 I A'11; sy City of Tukwila 0 14 Jim Haggerton, Mayor a 90 INFORMAT MEMORAN DUM TO: Mayor Haggerton Committee of the Whole FROM: Shawn Hunstock, Finance Director DATE: March 24, 2011 SUBJECT: Gambling Tax Rate for Social Card Rooms ISSUE Should the gambling tax rate on public card rooms be changed from the current rate of 10 BACKGROUND One of the ordinances considered at the February 22, 2011 City Council meeting was an ordinance that would have changed the tax rate applicable to public card rooms from 10% to 15 The City Council deferred the tax rate ordinance that evening and asked that it come back to a future Committee of the Whole meeting. The purpose of this informational memorandum is to reintroduce the tax rate change ordinance, as well as discuss the potential impacts of a gambling tax increase on the operations of the three casinos. The current gambling tax rate of 10% for public card rooms has been in effect since November 1976. The initial rate when the tax was adopted in February 1975 was 20 Following is a list of surrounding cities that allow social card rooms, and the applicable tax rate: City Tax Rate Auburn 12% Burien 11% Des Moines 10% Federal Way 10% Fife 4% Kent 11% King County 11% Kirkland 11 Renton 10% SeaTac 10% No casinos currently operating in the City. 141 INFORMATIONAL MEMO Page 2 Gambling tax revenue for the three existing casinos was $2,023,726 in 2010. Assuming no other changes in revenue or operations at the casinos, each 1% increase in the gambling tax rate would generate approximately $200,000 in additional revenue to the City. An increase of 5% in the gambling tax rate would generate approximately $1,000,000 in additional revenue each year. DISCUSSION Staff requested financial information from the three casinos operating in the City to determine the potential impact of a tax rate increase on their profitability and operations. To date, two of the casinos have provided the requested information. Both casinos are publicly traded corporations, whose financial statements are audited and subject to review by various organizations including the Securities and Exchange Commission. Staff review of the financial statements consisted of evaluating the financial position and results of operations of the casinos to determine the potential impact of a gambling tax rate increase. The review did not consist of an audit by staff as the financial statements were previously audited by independent certified public accountants. Staff makes no assertions regarding the accuracy of the financial statements or representations made by representatives of the casinos. Non disclosure agreements were signed by City staff and given to all three casinos. Following is staff evaluation of the financial statements that were provided. Oral and written statements of casino representatives were not relied upon when evaluating the audited financial statements. The most recent financial statements provided for both locations was for 2010. One of the two responding casinos operates fourteen card tables, and the other location operates fifteen tables. In addition to the card tables, both locations also have pull tab sales. Food and beverage service is provided at each location. Gambling revenue from the card tables and pull tabs accounts for 85% of gross revenue. Food and beverage sales, rental income, ATM fees and other miscellaneous revenue accounts for the other 15% of gross revenue. Both casinos that responded to the information request are currently showing little net income from operation of the casino for the most recent reporting period, calendar year 2010. One property had net income of approximately 1% of gross revenue, and the other property had net income of approximately 5% of gross revenue. Removing non cash items, such as depreciation and amortization, resulted in slightly higher positive cash flows for both properties. However, the impact of a 50% increase in gambling taxes would result in immediate negative cash flows for one of the two properties, and little cash flow for the other property. The casino that would operate with negative cash flows right away would more than likely need a significant investment of resources from a parent corporation or issue debt to sustain operations. Given the finite amount of time the property can remain open due to the ordinance recently adopted by the City Council, it is unlikely this investment would take place and the casino would more than likely dose in the near term (approximately one to two years). C:ltemp\XPgrpwiselI nfoMemo _GamlingTaxlncreaseREV.doc 142 INFORMATIONAL MEMO Page 3 The other property that would still have a small positive cash flow would be able to sustain a 50% gambling tax increase in the short term. Profitability of the casino would be negatively impacted, though. As a publically traded company subject to investor expectations regarding earnings, the potential exists for the property to close early and resources reallocated to other more profitable casinos. Also, gambling revenue is down in the state overall, most recently by 10.1% for the twelve months ended June 30, 2010 according to the Washington State Gambling Commission. Given overall declining revenue statewide, and decreased profitability of the property if the gambling tax is increased, it appears unlikely this property would remain in business throughout the remaining five years available under the ordinance recently adopted by Council. RECOMMENDATION The administration is recommending Council not adopt the gambling tax rate change in the attached ordinance. The increase in gambling tax would negatively impact the profitability of all three casinos, it could lead to the closure of at least one of the casinos in the near term, and it would more than likely hasten the closure of all three casinos before the end of the five year sunset provision in the recently approved ordinance. ATTACHMENT Draft Ordinance C:ltemp\XPg rpwiselI nfoMemo _GamlingTaxlncreaseREV.doc 143 144 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1809 §1 (PART), 1891, 2150, AND 2230, AS CODIFIED -AT TUKWILA MUNICIPAL CODE (TMC) SECTION 3.08.030; RE- ENACTING TMC SECTION 3.08.030, "TAX RATES," TO RAISE THE TAX RATE APPLIED TO SOCIAL CARD ROOMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 9.46.110(3)(f) allows the gross revenue from social card games to be taxed at a maximum rate of 20 percent; and WHEREAS, the City has had the same tax rate for social card rooms since 1976; and WHEREAS, the City Council desires to raise the tax rate applied to social card rooms; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.08.030, "Tax Rates," Amended. Tukwila Municipal Code (TMC) Section 3.08.030, "Tax Rates," is hereby amended to read as follows: A. Pursuant to RCW 9.46.110 and RCW 9.46.120, as amended by the Laws of Washington, effective July 27, 1997, there is levied upon all persons, associations and organizations who have been duly licensed by the Washington State Gambling Commission, as authorized by law, the following tax: 1. To conduct or operate any bingo games and raffles, a tax rate of 5% of the gross revenue received therefrom, less the actual amount paid by such person, association or organization for or as prizes; 2. To conduct any amusement game, a tax rate of 2% of the gross revenue received therefrom, Tess the actual amount paid by such, person, association or organization for or as prizes; 3. For the conduct or operation of any punchboards or pulltabs, a tax rate of 5% of the gross receipts from such activities for commercial stimulant operators (taverns, restaurants, etc.); and a tax rate of 10% on the gross receipts less the amount paid out as prizes for charitable or nonprofit organizations; 4. For the conduct or operation of any premises or facility used to play social card games, a tax rate of 20% of the gross receipts received therefrom; and W: Word Processing \Ordinances \Tax Rates Amended Final 2 -17 -11 SMK:mrh /bjs Page 1 of 2 145 5. Any public card room operated as a commercial stimulant, a tax rate of 15% of the gross receipts received therefrom. B. Non Profit Organizations. 1. No tax shall be imposed under the authority of TMC Chapter 3.08 on bingo or raffles when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in RCW 9.46.0209, which organization has no paid or management personnel, and has gross income from bingo and raffles, or any combination thereof, not exceeding $5,000 per year, less the amount paid for or as prizes. 2. The Finance Director may waive the tax due each quarter from a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209. This waiver may occur only if the charitable or nonprofit organization demonstrates by clear and convincing documentation that an amount equal to at least 70% of the tax due the City, as computed pursuant to TMC Section 3.08.030, will be donated to charitable nonprofit organizations serving the City whose purpose is to provide programs or facilities for meeting the basic health, education, welfare, or other needs of the residents of the City. Failure to donate at least 70% of the tax due the City will result in revocation of the waiver and the disqualification of the bona fide charitable or nonprofit organization to receive a waiver for future tax payments. Section 2. Repealer. Ordinance Nos. 1809 §1 (part), 1891, 2150, and 2230 are hereby repealed. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances \Tax Rates Amended Final 2 -17 -11 SMK:mrh /bjs Page 2 of 2 146 Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 6 of 8 *ROLL CALL VOTE ON AMENDMENT TO THE MAIN MOTION DUFFIE NO HERNANDEZ NO EKBERG YES ROBERTSON NO SEAL YES HOUGARDY NO QUINN YES MOTION FAILED 3 -4, WITH DUFFIE, HERNANDEZ, ROBERTSON, HOUGARDY VOTING NO. *ROLL CALL VOTE ON MAIN MOTION TO ADOPT THE ORDINANCE AS READ BY TITLE ONLY DUFFIE YES HERNANDEZ YES EKBERG NO ROBERTSON YES SEAL NO HOUGARDY YES QUINN NO MOTION CARRIED 4 -3, WITH EKBERG, SEAL, QUINN VOTING NO TO ADOPT ORDINANCE NUMBER 2323. 7,\,/ 2. An ordinance to raise the tax rate applied to social card rooms. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1809 §1 (PART), 1891, 2150, AND 2230, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 3.08.030; RE- ENACTING TMC SECTION 3.08.030, "TAX RATES," TO RAISE THE TAX RATE APPLIED TO SOCIAL CARD ROOMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Shelley Kerslake, City Attorney, explained this ordinance was requested at the last Council meeting. The State law allows cities to tax social card rooms up to a 20% ceiling. The City's current tax rate is 10 and this ordinance would raise the rate to 15 Councilmember Robertson would like to forward this issue to a future Committee of the Whole meeting to allow time to gather information, perform analysis, and review the financial impacts. COUNCILMEMBER DUFFIE WITHDREW THE MOTION TO ADOPT THE ORDINANCE AND COUNCILMEMBER HERNANDEZ WITHDREW THE SECOND. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO FORWARD THE ORDINANCE TO A COMMITTEE OF THE WHOLE MEETING IN 5 WEEKS. MOTION CARRIED 7 -0. 9:23 p.m. Mayor Haggerton declared a brief recess. 9:32 p.m. Mayor Haggerton reconvened the Regular Meeting. 147 148 Upcnming'�Meeting ]Even s MARCH APRIL 2011 28th (Monday):, 29th (Tuesday)' 30 th'(W.ednesday) 31st (Thursday) fst' :(Friday), 2nd (Saturday) Community Utilities VolunteerTukwila Deadline to Affairs Cmte, opportunity register for Parks Cmte, 5:00 PM 11:30 AM 1:30 PM Regional 5: 00 PM (CR #1) Landlord Training (CR #3) Kids Without Seminar (to be Borders Clothing Bank held April 14). For information City Council Council re Afeti call Chris at Committee of Work Session 206 431 2197 the Whole 6:00 PM to Mtg., 8:30 PM 7:00 PM (Council` (Council Chambers) Advance Chambers) registration required. Call 206 768 -2822 or send an e -mail to volunteer@ tukwilawa.gov v »i r7th:;,(Thursday). 8th',(Fti'd y) #r i 4th, (Saturday)..) r i% 41W,(1Ylonday r; Transportation Chamber of Sister City Cmte, Equity Council Coffee Chat Cmte, Commerce 5:30 PM, Diversity 10:00AIvl to 5:00 PM Gov't. (CR #3) Commission, 12:00 NooN (CR #1) Community 5:15 PM Affairs Cmte. (CR 43) 12:00 NOON Civil Service (Chamber Cmte, Office) Stop by and informally 5:00 PM talk with a Tukwila City (CR #3) Finance Councilmember about Safety Cmte, anything on your mind 5:00 PM regarding Tukwila. City Council (CR 43) Friendz Cafe Regular Mtg., (12930 E. Marginal Way) 7:00 PM Arts (Council Commission Chambers) 5:30 PM (Community Center) >Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Hinthorne at 206 -575 -1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room 43. Contact Bev Willison at 206- 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 3/28/11 meeting has been cancelled. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 45. Phi Huynh (206- 433 7175). Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206- 433 -1850. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. >Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575 -2489. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 -767 -2342. Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wvnetta Bivens at 206 431 -3670. Sister City Committee: Quarterly, 5:30 PM, (2011 4/6, 7/6, and 10/5). Conf. Room #3. Contact Bev Willison at 206 433 -1844. >Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206- 433 -1861. >Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 41. 3/29/11 meeting has been cancelled. 149 Tentative Agenda Schedule OlgONIWY REG ULAR C0 W March 7 14 21 28 See agenda packet cover sheet for this week's agenda (March 28, 2011 Committee of the Whole Mee tin g) April 4 11 18 25 Special Presentations: Special Presentation: Special Presentation: Employee Recognition Proclamation for Mayor's State of the and Awards Arbor Day City Address State of the Proclamations/ Municipal Court APpointments: (Judge Kimberly Proclamation for Walden) Earth Day Bid Award: Appointments to 34 golf carts Boards and Unfinished Business: Commissions Code Amendments North Highline Annexation Leasing of City property for digital billboard May 2 9 16 23 Special Issues: Tukwila Village: Recommendation on developer selection COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 150