HomeMy WebLinkAboutCOW 2014-03-24 COMPLETE AGENDA PACKETC
44 Tukwila City Council Agenda
• COMMITTEE OF THE WHOLE • ❖
OP Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson
-9 David Cline, City Administrator + Allan Ekberg + Verna Seal
De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller
Monday, March 24, 2014, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. CITIZEN COMMENT
At this time, you are invited to comment on items not included on this agenda
is
(p /ease limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue
presented for discussion.
3. SPECIAL ISSUES
a. An Interlocal Agreement with the cities of SeaTac and Des Moines
relating to the creation of the Tourism Promotion Area.
b. Discussion on Fire Code ordinances:
(1) An ordinance adopting the 2012 Edition of the International Fire
Code.
(2) An ordinance updating regulations regarding fire protection
systems in new and existing buildings within the City.
(3) An ordinance updating regulations regarding automatic fire alarm
systems in new and existing buildings within the City.
c. A resolution accepting a property donation along the Green River Trail
near South 116th Street and 35th Lane South.
d. A consultant agreement with SvR Design Company for the Duwamish
Hill Preserve Phase II Project.
e. Discussion on a Collective Bargaining Labor Agreement with the
International Association of Firefighters (IAFF) Local #2088.
Pg.1
Pg.35
Pg.39
Pg.51
Pg.61
Pg.77
Pg.91
Pg.115
4. REPORTS
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
5. MISCELLANEOUS
6. EXECUTIVE SESSION
7. ADJOURN TO SPECIAL MEETING
(continued.)
COMMITTEE OF THE WHOLE MEETING
Monday, March 24, 2014
Page 2
• SPECIAL MEETING ❖
1. CALL TO ORDER / ROLL CALL
2. CONSENT AGENDA
Approval of Vouchers.
3. UNFINISHED
BUSINESS
Authorize the Mayor to sign a Labor Agreement with the International
Association of Firefighters (IAFF) Local #2088 for the period of
January 1, 2014 through December 31, 2016.
Pg.115
4. 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 TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video 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
-
Meeting Date
Prepared by
M 's 'view
Council review
03/24/14
BM
L-1-4
ITEM INFORMATION
ITEM No.
3.A.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 3/ 24/ 14
AGENDA ITEM TITLE Authorizing the Mayor to sign an Interlocal Agreement (ILA) with the Cities of
SeaTac and Des Moines for the creation of a Tourism Promotion Area (TPA).
CATEGORY 41 Discussion
Mtg Date 03/24/14
D Motion
Mtg Date
D Resolution
Ally ate
D Ordinance
Mtg Date
['Bid
Mtg Date
ard
. ublic Hearing
Meg Date
Other
Meg Date 04/07/14
SPONSOR. LII Council
4
Mayor El HR 0 DCD El Finance El Fire LI 11 El P [1] Police 0 P1V
SPONSOR'S
SUMMARY
On April 1, 2013, the City Council adopted a motion in support of forming a TPA with the
City of SeaTac (and any other cities). A TPA is geographic region in which a legislative
authority (such as a county or city) charges a per room night fee on the furnishing of
lodging by either a hotel or motel. The funds collected are used to support tourism
promotion within the TPA boundary. State law requires that TPAs in King County comprise
at least two local governments; hence the need for an ILA with Des Moines and SeaTac.
REVIEWED BY
El COW Mtg.
D Utilities Cmte
DATE: 3/18/14
El CA&P Cmte
El Arts Comm.
F&S Cmte Transportation Cmte
El Parks Comm. 0 Planning Comm.
COMMFMSE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $N/A $N/A
Fund Source: N/A
Comments: See memo for information regarding lodging tax funds.
MTG. DATE
RECORD OF COUNCIL ACTION
03/24/14
MTG. DATE
ATTACHMENTS
03/24/14
Memo to Finance and Safety, dated March 5, 2014.
Draft Interlocal Agreement with the Cities of SeaTac and Des Moines.
Memo to Finance and Safety, dated July 11, 2013 (without original attachments).
Memo to Finance and Safety, dated February 27, 2013 (without original attachments).
Minutes from the July 16, 2013 Finance and Safety Meeting.
Minutes from the March 18, 2014 Finance and Safety Meeting.
2
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL U��U���������U�
un�n x�*nunmn��n n��n����~ n�n�~n�nx�rn��mn����wnmo
Mayor Haggerton
Finance and Safety
FROM: Derek Speck, Economic Development Administrator
BY: Brandon Miles, Economic Development Planner
DATE: March 5, 2014
SUBJECT: Tourism Promotion Area Update
Review of Primary Deal Terms for Inter-local Agreement
ISSUE
Authorizing the Mayor to sign an Inter local Agreement (ILA) with the Cities of SeaTac and Des
Moines for the creation of Tourism Promotion Area (TPA).
BACKGROUND
On April 1, 2013, the City Council adopted a motion in support of forming a TPA with the City of
SeaTac (and any other cities). A TPA is geographic region in which a legislative authority (such
as a county or city) charges a per room night fee on the furnishing of lodging by either a hotel or
motel. The fee may be up to $2 per room night and may be charged to lodging businesses with
forty or more lodging units. The fee is collected by the Washington State Department of
Revenue and then transmitted to the legislative authority, or the legislative authority's designee.
State law requires that TPAs in King County comprise at least two loca governments (two cities
or a city and the county). Therefore, Tukwila and SeaTac would need to execute an interlocal
agreement designating a legislative authority with the ability to form the TPA. Over the last ten
months, staff members from the Cities of Tukwila, SeaTac, and Des Moines have been working
on a draft ILA. In mid-February the parties concluded negotiations and reached a tentative
agreement that would be taken to the respective City Councils for review and possible action.
The following outlines the primary terms of the draft ILA.
Primary Terms of the Draft ILA
1. Transferal of Legislative Authority. The City will transfer its legislative authority to the
SeaTac City Council for purposes of forming a TPA. The SeaTac City Council will have
oversight of the TPA and the use of the funds. The Tukwila City Council's involvement in
the formation of TPA will end once the ILA is executed.
2. Public Development Authority (PDA). SeaTac is responsible for forming a PDA. The
SeaTac City Council, operating as the legislative authority for the TPA, will enter into a
contract with the PDA to administer the day to day use of the TPA funds. The funds must
be used for tourism promotion. The City of Tukwila will have no responsibility in the
administration or oversight of the PDA.
INFORMATIONAL MEMO
Page 2
3. Lodging Tax. The draft ILA specifies that the City intends to provide lodging tax funds to
the PDA on an annual basis. The following is a breakdown of the intended lodging tax
commitment:
Annual Commitment of Lodging Tax to the
Public Development Authority
Notes
Year
Amount
2014
$712,000
Tukwila's 2014 lodging tax budget for
Seattle Southside includes: $483,000
for basic operations and major
initiatives; $102,500 for overhead;
$10,000 for capital; and $116,500 for
the conversation study and the
Westfield Southcenter Visitor
Information Center totaling $712,000.
Note: The actual commitment of
lodging tax to the PDA will be
prorated based upon the formation
date of the PDA.
2015
$403,000
Following 2014 the commitment of
lodging tax to the PDA is reduced. In
2018 the amount provided to the
PDA is approximately 50% of the
2014 budget for basic operations.
2016
$337,500
2017
$270,000
2018 and beyond
$202,500
While the ILA specifies that the City intends to provide some lodging tax to the PDA, the
ILA does not create a contractual obligation for the City to do so. The PDA, like any
organization desiring to use lodging tax funds, will have to make an annual application to
the City's Lodging Tax Advisory Committee (LTAC) for use of lodging tax funds. The
LTAC will consider the application and make a formal recommendation to the City
Council on the application. The City Council retains full control of the annual allotment of
lodging tax funds, subject to the limitations under State Law.
During the ILA negotiation process the City heard from several hoteliers who expressed
concern that SSVS might cease operations while the PDA is becoming operational. Both
the Cities of SeaTac and Tukwila are committed to operating SSVS until the PDA is able
to assume full operations. The City of Tukwila, as the administrator of SSVS, has
incurred liabilities and expenses associated with the operation of SSVS. These costs
include, but are not limited to; labor, rent, and utilities. Until the PDA is able to assume
full operations, the City will also likely have future costs associated with the operation of
SSVS. Under the terms of the ILA, the City of Tukwila is permitted to reduce the annual
contributions to the PDA in order to pay for expenses incurred for the operation of SSVS.
4. Duration and Termination of the Agreement. The ILA's initial term is twenty (20) years
from the effective date of the agreement. During the twenty (20) year period a city may
withdraw from the agreement once the agreement has been in effect for at least four
years. A city withdrawing from the ILA must provide at least one year's notice.
Z: \Tourism Promotion Area Council Review of ILA \Finance and Safety Memo, V2.doc
4
INFORMATIONAL MEMO
Page 3
5. Records of the PDA. The ILA provides that any city can inspect the records of the PDA.
6. Transfer of SSVS Assets. The ILA specifies that the City of Tukwila will transfer existing
assets and intellectual property to the PDA at no costs.
7. Hold Harmless and Legal Liability. The ILA creates little to no liability for the City of
Tukwila with regards to administration of the TPA and the TPA funds. The City of
SeaTac will be fully responsible for the operation of the TPA and will be responsible for
the creation and operation of the PDA.
DISCUSSION
City staff believes that a tourism promotion area is a very good opportunity for the City of
Tukwila and the Seattle Southside area. It is important to recognize that a number of the City's
hoteliers are asking the City to impose the charge. Staff believes that hotelier support is a strong
indication that the TPA would increase tourist activity and benefit the City and its businesses.
Based upon the hotelier request, staff believes the additional benefits from the TPA would more
than offset any competitive disadvantage due to the additional room night fee.
During the negotiations with the two other cities, City staff also discussed the proposed TPA
formation with Tukwila lodging businesses. An open house for Tukwila hoteliers was held on
August 20, 2013. Staff also had additional meetings with hoteliers who were unable to attend
the open house. Staff has notified Tukwila hoteliers of the Council schedule for consideration of
the ILA.
The SeaTac City Council was briefed on the ILA on March 11, 2014 and was in support of
moving the ILA forward for approval. SeaTac will likely approve the ILA on March 25th. Staff
from the City of Des Moines indicated that the Des Moines City Council would review the ILA in
April. All three cities must sign the ILA for it to become effective.
FINANCIAL IMPACT
Under the terms of the proposed ILA, the City will, in the future, commit a portion of its lodging
tax to the PDA. The City Council will approve the annual commitment of lodging tax funds. If the
TPA is successful in attracting additional room nights to the City then the City will likely see
increase collections in lodging and sales tax revenue.
RECOMMENDATION
Staff recommends that the Mayor be authorized to enter into the ILA with the Cities of SeaTac
and Des Moines. Staff requests the Committee forward this item to the March 24th Committee of
the Whole meeting for discussion and be placed on the April 7th consent agenda.
ATTACHMENTS
• Draft Interlocal Agreement with the Cities of SeaTac and Des Moines.
• Memo to Finance and Safety, dated July 11, 2013 (without original attachments).
• Memo to Finance and Safety, dated February 27, 2013 (without original attachments).
• Minutes from the July 16, 2013 Finance and Safety Meeting.
Z: \Tourism Promotion Area \Council Review of ILA \Finance and Safety Memo, V2.doc
5
6
INTERLOCAL AGREEMENT
FOR THE JOINT ESTABLISHMENT OF A
TOURISM PROMOTION AREA
THIS INTERLOCAL AGREEMENT FOR THE JOINT ESTABLISHMENT OF A
TOURISM PROMOTION AREA (this "Agreement ") dated this day of
2013, is made and entered into by and among the CITY OF SEATAC ( "SeaTac "), the CITY OF
TUKWILA ( "Tukwila "), and the CITY OF DES MOINES ( "Des Moines "), each being a
municipal corporation organized under the laws and statues of the State of Washington, for the
purpose of establishing a joint tourism promotion area pursuant to chapter 35.101 of the Revised
Code of Washington ( "RCW ").
RECITALS:
WHEREAS, Tukwila currently administers Seattle Southside Visitors Services
( "SSVS "), a tourism promotion program funded by lodging taxes imposed and collected within
Tukwila, SeaTac, and Des Moines, and remitted to SSVS in exchange for tourism promotion
services; and
WHEREAS, the tourism industry is a vital and substantial component of the region's
economy and tourism promotion increases the number of visitors to the region which in turn
increases regional sales supporting the local economy; and
WHEREAS, the Legislature of the State of Washington has recognized the importance of
tourism promotion in the State of Washington and in 2003 passed Engrossed Substitute Senate
Bill No. 6026, codified as chapter 35.101 RCW (the "TPA Act "), authorizing counties with a
population greater than forty thousand but less than one million, and any city or town within
such a county, to establish a tourism promotion area for the purpose of imposing special
assessments on the furnishing of lodging to be expended exclusively on tourism promotion; and
WHEREAS, in 2009 the Legislature amended the TPA Act to allow two or more cities
located in a county with a population of one million or more acting jointly under chapter 39.34
RCW (the "Interlocal Cooperation Act ") to form a tourism promotion area for such purpose; and
WHEREAS, other Washington counties and cities, including Pierce County, the Tri-
Cities, Spokane County, and Clark County, have established tourism promotion areas and have
dedicated such funds for tourism promotion; and
WHEREAS, the operators of lodging businesses located in southwest King County are
preparing to initiate the formation of a tourism promotion area pursuant to the TPA Act within
the jurisdictional boundaries of Tukwila, SeaTac and Des Moines (the "Seattle Southside TPA ");
and
7
WHEREAS, depending on the rates of the assessments, the proposed Seattle Southside
TPA is projected to provide approximately $2.5 million of additional revenue for tourism
promotion each year; and
WHEREAS, the additional revenue stream is expected to help the tourism promotion
program currently administered by SSVS remain competitive with other destination marketing
organizations in the State of Washington, bring more visitors to the area, bolster hotel
occupancy, protect current jobs, create new jobs, increase business at restaurants and retail
stores, and increase patronage at arts, cultural and sporting venues in an ever increasingly
competitive marketplace; and
WHEREAS, assessments received from the proposed Seattle Southside TPA will be
remitted to a public development authority chartered by SeaTac pursuant to chapter 35.21 RCW;
and
WHEREAS, if formed, the Seattle Southside TPA is expected to provide needed
resources to increase tourism, which will increase hotel occupancy among participating hotels
within the defined area; and
WHEREAS, the promotion of the region to increase tourism will also provide economic
benefit to retail, restaurant, entertainment and cultural industries that are closely connected to the
hotel industry and critical to the health of the local economy; and
WHEREAS, SeaTac, Tukwila, and Des Moines (referred to herein as the "Parties ")
currently fund certain basic operations and media expenses of SSVS with lodging tax revenues
and desire to have that work continue. As set forth herein, the Parties intend to commit certain
lodging tax revenues to fund regional tourism marketing by contracting with the public
development authority, or successor entity, for such services; and
WHEREAS, it is paramount that SeaTac and Tukwila continue to operate SSVS in its
current form until such time that the public development authority can assume all duties and
obligations of SSVS; and
WHEREAS, to form a tourism promotion area an initiation petition satisfying the terms
of the TPA Act must first be presented to the legislative authority having jurisdiction of the area
in which the proposed tourism promotion area is to be located and a public hearing must be held
after providing proper notice; and
WHEREAS, the Parties now desire to enter into this Agreement for the purpose of
appointing a legislative authority to receive the initiation petition and otherwise carry out the
terms of the TPA Act in order to help facilitate the formation and operation of the Seattle
Southside TPA;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
2
8
Section 1. Definitions. In addition to the terms defined in the Recitals above, the
following terms shall have the meanings set forth below:
"Agreement" means this Interlocal Agreement for the Joint Establishment of a Tourism
Promotion Area by and among SeaTac, Tukwila and Des Moines, entered into pursuant to the
TPA Act and the Interlocal Cooperation Act, as it may be amended from time to time.
"Annual Budget" means the budget approved pursuant to Section 7 of this Agreement.
"Des Moines" means the City of Des Moines, a municipal corporation organized under
the laws and statutes of the State.
"Interlocal Cooperation Act" means chapter 39.34 RCW as the same may be amended
from time to time.
"Legislative Authority" means the legislative authority of the Seattle Southside TPA
appointed pursuant to Section 2 of this Agreement, as the same shall be duly and regularly
constituted from time to time.
"Lodging Business" means a business located within the Seattle Southside TPA that
furnishes lodging taxable by the State under chapter 82.08 RCW that has 40 or more lodging
units. Lodging facilities with fewer than 40 rooms are not considered "Lodging Businesses" for
the purpose of this Agreement and are exempt from any fees imposed under chapter 35.101
RCW.
"Operating Agreement" means the agreement(s) for the operation and management of the
Seattle Southside TPA.
"Operator" or "Operator of a Lodging Business" means an operator of a Lodging
Business, whether in the capacity of owner, general manager, lessee, sublessee, mortgagee in
possession, license or any other similar capacity.
"Petition" means the initiation petition delivered to the Legislative Authority pursuant to
the TPA Act.
"SeaTac" means the City of SeaTac, a municipal corporation organized under the laws
and statutes of the State.
"SeaTac City Council" means the City Council of SeaTac as the general legislative
authority of SeaTac, as the same shall be duly and regularly constituted from time to time.
"Seattle Southside Tourism Promotion Area" means the geographic area identified in the
Petition.
"Seattle Southside TPA" means the Seattle Southside Tourism Promotion Area.
3
9
"Special Assessment" means the levy (charge) imposed by the Legislative Authority on
the Operators of Lodging Businesses within the Seattle Southside TPA and subsequently passed
on to the guests of the Lodging Business, under the authority of the TPA Act, for the purpose of
providing funding of tourism promotion in the boundaries of the Seattle Southside TPA.
"SSRTA" or "Seattle Southside Regional Tourism Authority" means the public
development authority chartered by SeaTac pursuant to chapter 35.21 RCW.
"SSRTA Board of Directors" means the Board of Directors of SSRTA, as the general
legislative authority of SSRTA, as the same shall be duly and regularly constituted from time to
time.
"SSVS" means Seattle Southside Visitors Services, a tourism promotion program
currently administered by Tukwila.
"State" means the State of Washington.
"Tourism Promotion" means domestic and international tourism promotion, advertising,
sales and marketing activities intended to encourage tourism in the Seattle Southside TPA in
order to increase area hotel occupancies. "Promotion, advertising, sales and marketing
activities" include, but are not limited to, strategic planning, market research, creative
development, media placement, sales activities, hosting tourism industry events relating to
promotion and marketing, and administrative and management support for such services, and
creating and maintaining a standing limited reserve, as such reserve may be specified in the
Annual Budget, to fund any such activities.
"Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping
purposes by the Operator of a Lodging Business for a period of 30 consecutive calendar days or
less, counting a portion of a day as a full calendar day.
"Tukwila" means the City of Tukwila, a municipal corporation organized under the laws
and statutes of the State.
"Zone" or "Zones" means the distinct geographic subarea or subareas within the Seattle
Southside TPA as established by resolution of the Legislative Authority.
Section 2. Purpose of this Agreement; Appointment of Legislative Authority.
(a) Purpose of this Agreement. The purpose of this Agreement is (1) to promote
tourism in the boundaries of the Seattle Southside TPA by appointing a legislative authority for
the purpose of accepting an initiation Petition for the formation of the Seattle Southside TPA
pursuant to the TPA Act in the jurisdictional boundaries of SeaTac, Tukwila and Des Moines,
which when and if created, will permit collection of Special Assessments from Lodging
Businesses to fund Tourism Promotion, and (2) to memorialize the agreement among the Parties
hereto relating to the Seattle Southside TPA.
4
10
The Petition must describe the boundaries of the proposed tourism promotion area, the
proposed uses and projects to which the proposed revenue from the charges shall be used and the
total estimated costs, the estimated rate for the charge with a proposed breakdown by class of
Lodging Businesses (if such classification is to be used), and the signatures of the persons who
Operate Lodging Business in the proposed area who would pay sixty percent or more of the
proposed charges.
(b) Appointment of Legislative Authority. The SeaTac City Council is hereby
appointed as the Legislative Authority of the Seattle Southside TPA for purposes of this
Agreement and the TPA Act. References to the "Legislative Authority" herein shall mean the
SeaTac City Council serving in its capacity as the Legislative Authority of the Seattle Southside
TPA.
(c) Understanding of the Parties. It is hereby understood and agreed by the Parties
that the SeaTac City Council, serving in its capacity as the Legislative Authority, shall, after
receiving the Petition, proceed with adopting a resolution of intent to establish the "Seattle
Southside Tourism Promotion Area" designated to include the jurisdictional boundaries of
SeaTac, Tukwila and Des Moines, and hold a public hearing after providing proper notice under
the terms of the TPA Act.
It is understood and agreed to by the Parties hereto that the purpose of forming the Seattle
Southside TPA is to provide an additional source of revenue to be used exclusively to fund
Tourism Promotion within the boundaries of the Seattle Southside TPA which will benefit the
tourism industry and the Operators of Lodging Businesses located in the boundaries of the
Seattle Southside TPA and the Parties hereto.
(d) Termination of Proceedings. Notwithstanding anything herein to the contrary, if
the Seattle Southside TPA is not formed by March 31, 2015, this Agreement shall terminate and
shall no longer be in force and effect.
Section 3. Legislative Authority; Meetings; Powers.
(a) Officers of the Legislative Authority. The Chair of the SeaTac Lodging Tax
Advisory Committee, or his or her designee, shall serve as Chair of the Legislative Authority.
On matters decided by the Legislative Authority, the signature of the Chair alone is sufficient to
bind the Legislative Authority.
(b) Meetings of the Legislative Authority. Regular meetings of the Legislative
Authority shall be held at the times and locations set forth in a meeting schedule approved by the
Legislative Body. There shall be at least one meeting of the Legislative Authority each year, and
not less than fifteen days' notice shall be given to all members of the Legislative Authority and
the Parties hereto prior to any such meeting. Other meetings (including special meetings) may
be held upon request of the Chair or any other members. All meetings shall be open to the public
to the extent required by chapter 42.30 RCW. Each member of the Legislative Authority shall
have an equal vote and voice in all decisions of the Legislative Authority. Unless otherwise
provided, the City of SeaTac City Council Administrative Procedures and Robert's Revised
5
11
Rules of Order (newly revised) shall govern all procedural matters relating to the business of the
Legislative Authority.
(c) Powers of the Legislative Authority. The Parties hereto acknowledge and agree
that the SeaTac City Council is being appointed solely to serve as the "legislative authority" for
purposes of the TPA Act. The day to day operations of the Seattle Southside TPA, including but
not limited to the management and expenditure of Special Assessments, shall be managed by
SSRTA as manager and operator of the Seattle Southside TPA. The SeaTac City Council, when
acting in its capacity as Legislative Authority, shall have the authority to:
1. Receive the Petition, adopt a resolution of intent to form the Seattle
Southside TPA, hold a public hearing as required by the TPA Act, and otherwise carry out the
terms of the TPA Act;
2. Form the Seattle Southside TPA, establish rates of Special Assessments
and levy Special Assessments pursuant to the terms of this Agreement, the Petition, and the TPA
Act;
3. Adopt an Annual Budget;
4. Conduct regular and special meetings as may be designated by the
Legislative Authority;
5. Enter into agreements with third parties as necessary to fully implement
the purposes of this Agreement;
6. Enter into Operating Agreements with SSRTA for the operation of the
Seattle Southside TPA, the management and expenditure of Special Assessments and other
revenues, and other services as determined to be necessary from time to time;
7. Enter into agreements with and receive funds from any federal, state or
local agencies and
and
Agreement.
to distribute such funds to SSRTA;
8. Receive and account for all funds allocated to the Seattle Southside TPA;
9. Engage in any and all other acts necessary to further the goals of this
Section 4.
Southside TPA.
Levy of Assessments on Lodging Businesses within the Seattle
(a) The Legislative Authority will levy Special Assessments on the Operators of
Lodging Businesses within the Seattle Southside TPA in accordance with the Zones and levels of
Special Assessments as set forth in the Petition and resolution of the Legislative Authority. The
Parties acknowledge that, unless otherwise provided for in the Petition, Special Assessments
shall not be imposed on rooms (1) where the occupant has stayed 30 or more days and are not
otherwise on a Transient Basis, (2) that are provided by an Operator of a Lodging Business to
6
12
guests without charge for promotional purposes, (3) available exclusively to members or guests
of members of a private member -owned clubs or its reciprocal clubs, or (4) contracted with
airline crews.
(b) The Legislative Authority shall contract with the State Department of Revenue for
the administration and collection of the Special Assessments pursuant to RCW 35.101.090.
Special Assessments shall be deposited into the local tourism promotion account created in the
custody of the State Treasurer under RCW 35.101.100. It is understood and agreed that in
accordance with RCW 35.101.100, the State Treasurer has the authority to distribute the revenue
from the tourism promotion account allocable to the Seattle Southside TPA to the Legislative
Authority, or directly to the SSRTA, on a monthly basis. SeaTac shall act as fiscal agent to the
Seattle Southside TPA and shall be responsible for receiving Special Assessments from the State
Treasurer and holding such funds in a segregated account(s) until remitted to SSRTA pursuant to
Section 7 of this Agreement.
(c) Any change in the Special Assessment rates for any Zone as set in the resolution
of the Legislative Authority shall be made only by amendment of the resolution by the
Legislative Authority and only upon written request by the persons who Operate Lodging
Business in the proposed area who would pay sixty percent or more of the proposed charges and
with the approval and consent of the SSRTA Board of Directors. No increase in the Special
Assessment rates for any Zone or the boundaries of any Zone shall be made by the Legislative
Authority except after receipt of the written request of persons who Operating Lodging
Businesses as identified in the preceding sentence and upon the affirmative approval of the
SSRTA Board of Directors.
(d) It is understood and agreed by the Parties hereto that the Special Assessments
imposed in the Seattle Southside TPA are not a tax on the "sale of lodging" for the purposes of
chapter 82.14 RCW and are not applicable to temporary medical housing exempt under
chapter 82.08 RCW.
(e) It is understood and agreed by the Parties that the Special Assessments imposed
under this Agreement are in addition to the special assessments that may be levied under chapter
35.87A RCW.
Section 5. Use of Special Assessment Revenue. All of the revenues from Special
Assessments collected by the State Department of Revenue from Lodging Businesses within the
Seattle Southside TPA shall be remitted by the Legislative Authority to SSRTA and shall be
used exclusively for Tourism Promotion as defined herein, and for no other purpose, in
accordance with the Annual Budget. The revenue derived from the Special Assessments shall be
used only for the following purposes:
(a) The general promotion of tourism within the Seattle Southside TPA as specified
in the business plan of the SSRTA;
(b) The marketing of convention and trade shows that benefit local tourism and the
Lodging Businesses in the Seattle Southside TPA;
7
13
(c) The marketing of the Seattle Southside TPA region to the travel industry in order
to benefit local tourism and the lodging businesses in the Seattle Southside TPA;
(d) The marketing of the Seattle Southside TPA region to recruit sporting events in
order to promote local tourism and to benefit the Lodging Businesses and tourism industry
within the Seattle Southside TPA; and
(e) Direct administration, operation, formation, and start-up costs associated with the
Seattle Southside TPA and the ongoing management and maintenance of the Seattle Southside
TPA program, including but not limited to staff costs, public notice advertising, legal costs,
accounting and auditing (including audits of the Parties and the SSRTA as they relate to this
Agreement), as approved by the SSRTA Board of Directors, provided no funds will be used for
costs not directly related to operation of the Seattle Southside TPA, this Agreement, or the
SSRTA.
Section 6. Lodging Taxes. The Parties intend to commit lodging tax revenues to
fund regional tourism marketing by contracting with the SSRTA, or successor entity. The
Parties intend the minimum annual funding levels to be set according to the following table:
Annual Commitment of Lodging Tax to the SSRTA*
Year
SeaTac
Tukwila
Des Moines
2014
$835,000
$712,000
100% of monthly lodging tax receipts
2015
$460,000
$405,000
100% of monthly lodging tax receipts
2016
$383,333
$337,500
100% of monthly lodging tax receipts
2017
$306,666
$270,000
100% of monthly lodging tax receipts
2018 and beyond
$230,000
$202,500
100% of monthly lodging tax receipts
* The exact amount of funding for 2014 will be pro -rated based upon the actual date of
establishment of the SSRTA.
Notwithstanding the foregoing, the Parties acknowledge and agree that the final
allocation, uses, and level of lodging tax revenue is subject to the provisions of chapter 67.28
RCW. Recognizing that RCW 67.28.1816 requires that the annual expenditures of the respective
City's lodging tax be approved by the respective city council (based on a recommendation from
its respective lodging tax advisory committee) this Agreement provides no guarantee that future
city councils will approve future funding.
The Parties further recognize that Tukwila has financial obligations in place to operate
SSVS. Tukwila may, at its sole discretion and absolute authority, reduce the annual payment to
the SSRTA in order to meet obligations and liabilities associated with the operation of SSVS,
including, but not limited to, labor, lease costs, payment of utilities, and other contracts executed
in support of SSVS by Tukwila.
8
14
Section 7. Management of Seattle Southside TPA; Annual Budget; Reporting
Requirements.
(a) The Legislative Authority shall contract with the SSRTA pursuant to one or
more Operating Agreements for the management and operation of the Seattle Southside TPA.
(b) The Parties hereto acknowledge and agree that SeaTac is chartering the SSRTA
for the purpose of serving as a separate legal entity formed to advise and make recommendations
to the Legislative Authority on all matters related to the Seattle Southside TPA and to carry out
its purposes as set forth in its formation documents. The Parties agree to execute agreements
with the SSRTA for tourism promotion services and for the transfer of assets, equipment, and
intellectual property (including the SSVS "brand ") used by SSVS to accomplish the purposes of
the SSRTA, as determined to be necessary by the SSRTA to accomplish its purposes. The
Parties hereto agree to use best efforts to assist in the transition of such services, assets,
equipment, and property at no cost to the SSRTA.
(c) SSRTA shall be responsible for administering the activities and programs of the
Seattle Southside TPA and preparing an Annual Budget for the Seattle Southside TPA.
(d) The Legislative Authority shall approve an Annual Budget for the use of Special
Assessments and shall provide a copy of the Annual Budget to the Parties hereto. The Annual
Budget shall consist of:
1. A list of the Lodging Businesses subject to Special Assessments and an
estimate of the revenue to be received from all such Lodging Businesses; and
2. A statement of the proposed budget for all Seattle Southside TPA
activities and programs to be funded from Special Assessments during the ensuing fiscal year.
(e) SSRTA, as manager of the Seattle Southside TPA, shall agree to comply with all
applicable provisions of state and federal law, including but not limited to, the TPA Act, and
with all applicable county or city resolutions and ordinances, and with all regulations lawfully
imposed by the State Auditor or other state agencies, and the applicable provisions of this
Agreement.
(f) All Special Assessments received by SeaTac, as fiscal agent for the Seattle
Southside TPA, from the State Department of Revenue and any interest thereon shall be
deposited by SeaTac in a special account and thereafter transferred to SSRTA within thirty days
following receipt. Provided, however, no Special Assessment shall be transferred in any fiscal
year until after the adoption of that year's fiscal Annual Budget.
(g) Legislative Authority shall submit a statement of actual revenues and
expenditures to the SSRTA Board of Directors and the Parties hereto.
9
15
(h) The Parties acknowledge and agree that revenue derived from the Special
Assessments is intended to enhance, supplement, and extend existing tourism marketing efforts
of the Parties.
Section 8. Initial Duration; Withdrawal and Termination.
(a) Initial Term. The initial duration of this Agreement shall be for a period of
twenty years from its effective date.
(b) Withdrawal from Agreement; Termination by the Parties. Any Party to this
Agreement may withdraw its participation in this Agreement and in the Seattle Southside TPA
by providing written notice and serving that notice to the Legislative Authority as provided
herein. No Party is permitted to withdraw until this Agreement has been in force at least four
years from the effective date. Once this Agreement has been in force for four years, any Party
may withdraw by providing at least one year notice of its intent to withdraw.
The Party giving notice of intent to withdraw may revoke its notice by giving written
notice of revocation to the Legislative Authority. Within 90 days after receiving proper notice as
provided in this section, the Legislative Authority shall adopt a resolution of intention
(i) identifying the Party that has given notice of withdrawal, (ii) stating that Seattle Southside
TPA may be modified or terminated, as applicable, (iii) describing the change or changes
proposed, or indicate that it is the intention to revise the boundaries or disestablish the Seattle
Southside TPA, and (iv) providing the time and place of a public hearing to be held by the
Legislative Authority on the proposed action; provided, the public hearing shall be at least 15
days prior to consideration of the proposed action. The Legislative Authority may, by ordinance,
revise the boundaries or disestablish the Seattle Southside TPA after conducting a hearing to
receive public comment regarding the boundary revision or disestablishment of the Seattle
Southside TPA. Unless the written notice of withdrawal has been revoked by the withdrawing
Party and accepted by the Legislative Authority, the revision or disestablishment shall become
effective on the date specified by the Legislative Authority.
(c) For the sake of clarity, it is the intention of the Parties hereto that this Section 8
provides for a method of withdrawal and/or termination of this Agreement that is initiated solely
by a Party to this Agreement. This Section 8 is intended to be in addition to the method of
modification and/or disestablishment of the Seattle Southside TPA as provided in Section 9
below.
Section 9. Modification or Disestablishment of the Seattle Southside TPA.
(a) The Legislative Authority may modify the provisions of the resolution or
ordinance establishing the Seattle Southside TPA, revise the boundaries of the Seattle Southside
TPA, or provide for the disestablishment of the Seattle Southside TPA, after adopting a
resolution of intention to such effect. Such resolution of intention shall describe the change or
changes proposed, or indicate that it is the intention to revise the boundaries or disestablish the
Seattle Southside TPA, and shall state the time and place of a public hearing to be held by the
10
16
Legislative Authority to consider the proposed action; provided, the public hearing shall be at
least 15 days prior to consideration of the proposed action.
(b) Additionally, upon receipt of a petition indicating a desire to revise the
boundaries or disestablish the Seattle Southside TPA, with the signatures of the persons who
Operate Lodging Businesses in the Seattle Southside TPA who pay 50% or more of the total
Special Assessments, the Legislative Authority shall adopt a resolution of intention to revise the
boundaries or disestablish the Seattle Southside TPA, and shall state the time and place of a
public hearing to be held by the Legislative Authority to consider the proposed action; provided,
the public hearing shall be at least 15 days prior to consideration of the proposed action.
(c) After conducting the public hearing to take public comment on the proposed
action as required under Section 9(a) or (b), the Legislative Authority may, by ordinance, revise
the boundaries or disestablish the Seattle Southside TPA. Notwithstanding the foregoing, if at a
hearing held pursuant to Section 9(a) or (b) a petition objecting to the boundary revision or
disestablishment is presented, with the signatures of the persons who Operate Lodging
Businesses in the Seattle Southside TPA who pay 50% or more of the total Special Assessments,
the Seattle Southside TPA shall not be altered or disestablished. If such petition objecting to the
boundary revision or disestablishment is not presented at the hearing, the Legislative Authority
shall proceed to revise the boundaries or disestablish the Seattle Southside TPA.
(d) Notwithstanding anything to the contrary in this Agreement, in no case shall the
Parties hereto be obligated to satisfy the outstanding obligations of the Seattle Southside TPA or
the SSRTA from such Party's moneys, funds, or other sources of revenue unless it otherwise
agrees to in writing.
Section 10. Miscellaneous Provisions.
(a) Waiver. No officer, employee, or agent of SeaTac, Tukwila or Des Moines has
the power, right, or authority to waive any of the conditions or provisions of this Agreement. No
waiver of any breach of this Agreement by SeaTac, Tukwila or Des Moines shall be held to be a
waiver of any other or subsequent breach. Failure of SeaTac, Tukwila or Des Moines to enforce
any of the provisions of this Agreement or to require performance of any of the provisions
herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the
validity of this Agreement or any part hereof, or the right of SeaTac, Tukwila or Des Moines to
hereafter enforce each and every such provision.
(b) Records. All records prepared, owned, used or retained by SSRTA in
conjunction with operating or administering the activities and programs of the Seattle Southside
TPA as provided for under the terms of this Agreement shall be made available by the SSRTA
upon request to SeaTac, Tukwila or Des Moines.
(c) Property and Equipment. The SSRTA shall be the owner of all property and
equipment purchased in furtherance of this Agreement from Special Assessment revenue.
Provided, however, in the event of the termination of the Operating Agreement with the SSRTA,
the SSRTA shall agree to make the property and/or equipment available to the successor
11
17
manager for its use in conjunction with providing similar services. Provided further, in the event
of disestablishment of the Seattle Southside TPA, all property and equipment purchased by the
SSRTA from Special Assessment revenue shall be retained by SeaTac and used for any lawful
purpose.
(d) Integration. This Agreement contains all of the terms and conditions agreed upon
by SeaTac, Tukwila or Des Moines concerning the establishment of the Seattle Southside TPA
and the collection of Special Assessments from Operators of Lodging Businesses. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto. The Parties have read and understand all of
this Agreement, and now state that no representation, promise, or agreement not expressed in this
Agreement has been made to induce the officials of SeaTac, Tukwila or Des Moines to execute
this Agreement.
(e) Severability. In the event any provision of this Agreement shall be declared by a
Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not, in any way, be effected or impaired thereby.
(f) Hold Harmless; No Liability. SeaTac shall indemnify and hold harmless Tukwila
and Des Moines and their agents, employees, and/or officers, from any and all costs, claims,
judgments, or awards of damages arising out of the acts or omissions of SeaTac, its officers,
employees or agents and shall process and defend at its own expense any and all claims,
demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind
or nature, brought against Tukwila or Des Moines arising out of, in connection with, or incident
to this Agreement and/or SeaTac's performance or failure to perform any aspect of this
Agreement.
Tukwila shall indemnify and hold harmless SeaTac and Des Moines and their agents,
employees, and/or officers, from any and all costs, claims, judgments, or awards of damages
arising out of the acts or omissions of Tukwila, its officers, employees or agents and shall
process and defend at its own expense any and all claims, demands, suits, at law or equity,
actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against
SeaTac or Des Moines arising out of, in connection with, or incident to this Agreement and/or
Tukwila's performance or failure to perform any aspect of this Agreement.
Des Moines shall indemnify and hold harmless Tukwila and SeaTac and their agents,
employees, and/or officers, from any and all costs, claims, judgments, or awards of damages
arising out of the acts or omissions of Des Moines, its officers, employees or agents and shall
process and defend at its own expense any and all claims, demands, suits, at law or equity,
actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against
Tukwila or SeaTac arising out of, in connection with, or incident to this Agreement and/or Des
Moines' performance or failure to perform any aspect of this Agreement.
The SSRTA shall be an independent legal entity exclusively responsible for its own
debts, obligations and liabilities. All liabilities incurred by the SSRTA shall be satisfied
exclusively from the assets and credit of the SSRTA. No creditor or other person shall have any
12
18
recourse to the assets, credit, or services of the Parties hereto on account of any debts,
obligations, liabilities, acts, or omissions of the SSRTA, unless otherwise agreed in writing by
such Party.
(g) Filing of Agreement. This Agreement shall become effective immediately after
it is duly adopted and executed by the City Council of SeaTac, the City Council of Tukwila, and
the City Council of Des Moines and shall be filed and/or posted as required in the Interlocal
Cooperation Act.
(h) Notice. Any formal notice or communication to be given among the Parties to
this Agreement shall be deemed properly given, if delivered either in physical or electronic
means, or if mailed postage prepaid and addressed to:
City of SeaTac
4800 S. 188th Street
SeaTac, WA 98188
Phone: 206.973.4800
Attn: City Manager
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Phone: 206.433.1800
Attn: City Mayor
City of Des Moines
21630 11th Ave. S., Suite A
Des Moines, WA 98198
Phone: 206.878.4595
Attn: City Manager
(i) Amendment. This Agreement may be amended by the mutual consent of the
Parties hereto. No additions to or alterations of the terms of this Agreement shall be valid unless
made in writing, formally approved and executed by duly authorized agents of all Parties.
(j) Operation of SSRTA. Each Party hereto further authorizes SeaTac to operate the
SSRTA within the corporate limits of such city to accomplish the purposes of and pursuant to the
terms of this Agreement.
(k) Counterparts. This Agreement may be executed in any number of counterparts,
each of whom shall be an original, but those counterparts will constitute one and the same
instrument.
13
19
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first written above.
[signature blocks to be added]
14
20
City of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety
FROM: Derek Speck, Economic Development Administrator
BY: Brandon Miles, Senior Planner
DATE: July 11, 2013
SUBJECT: Tourism Promotion Area Update
Review of Primary Deal Terms for Inter -local Agreement
ISSUE
Staff would like to update the Finance and Safety Committee on the primary deal terms of the
draft inter -local agreement (ILA) between the Cities of Tukwila, SeaTac and Des Moines to form
a tourism promotion area (TPA).
BACKGROUND
On April 1, 2013, the City Council adopted a motion in support of forming a TPA with the City of
SeaTac (and any other cities). The February 27, 2013 memo to the Finance and Safety
Committee included the following description of a TPA:
"A TPA is geographic region in which a legislative authority (such as a county or city) charges a
per room night fee on the furnishing of lodging by either a hotel or motel. The fee may be up to
$2 per room night and may be charged to lodging businesses with forty or more lodging units.
The fee is collected by the Washington State Department of Revenue and then transmitted to
the legislative authority, or the legislative authority's designee. Staff estimates that if the Cities
of SeaTac and Tukwila form a TPA that charges $2 per room for hotels and motels with over 60
rooms, it could generate up to $2.5 million per year for tourism promotion."
State law requires that TPAs in King County comprise at least two local governments (two cities
or a city and the county). Therefore, Tukwila and SeaTac would need to execute an inter -local
agreement designating a legislative authority with the ability to form the TPA. Over the last
three months, staff members from the Cities of Tukwila, SeaTac, and Des Moines have been
working on a draft ILA. The City of SeaTac made the draft ILA public on July 8, 2013. The
Administration supports nearly all of the terms in the draft ILA, with the exception of the
termination and duration language. Following are the primary terms:
Primary Terms of the Draft ILA
1. Transferal of Legislative Authority. The city will transfer its legislative authority to the
SeaTac City Council for purposes of forming a TPA. The SeaTac City Council will have
oversight of the TPA and the use of the funds. The Tukwila City Council's involvement in
the formation of TPA will end once the ILA is executed.
2. Public Development Authority (PDA). SeaTac is responsible for forming a PDA. The
SeaTac City Council, operating as the legislative authority for the TPA, will enter into a
contract with the PDA to administer the day to day use of the TPA funds. The fund must
be used for tourism promotion.
21
INFORMATIONAL MEMO
Page 2
3. Lodging Tax. The ILA specifies that the City will provide some (no specific amount
identified) lodging tax to the PDA. The lodging tax provided to the TPA will be
determined by recommendation of the LTAC and approval by the Council. Contracts for
service will then be entered into between the PDA and the City.
4. Duration and Termination of the Agreement. The agreement is drafted for an initial
period of ten years, with automatic renewal periods of five year increments. A city must
provide at least one year notice before the end of a term in order to withdraw from the
ILA. Furthermore, after providing notice to withdraw, a city would still have to participate
in the TPA until "proper provisions has been made for the disposition of all the TPA's
assets, debts, obligations, and liabilities." Thus, a city could have to remain with the TPA
if any obligations extend past the period in which notice was given. If an alternative
source of revenue is identified, the PDA may allow for the dissolution of the TPA. In no
case shall any of the cities be responsible for paying for any debts, obligations or
liabilities from their own individual funds.
Administration has expressed concern to the other cities regarding the length of the
agreement. The ten year length is highly unusual for an ILA of this type. For example,
the City's ILA with King County for animal control services is a two year agreement.
Likewise, the initial agreement for Valley Communications provided for an initial term of
five years, with two year renewal increments. The language regarding disposition of all
of the TPA's debts could extend the length even further.
Another concern that administration has with the proposed termination language is that it
potentially gives the PDA, an entity that is not a party to the ILA, control over a city
withdrawing from the TPA.
5. Records of the PDA. The ILA provides that any city can inspect the records of the PDA.
DISCUSSION
Staff would like to update the Committee on the terms of the draft ILA and receive the
Committee's input. We would then hold a public open house in order to solicit additional input
from stakeholders and continue to work with the Cities of SeaTac and Des Moines to finalize an
ILA that works for all three cities and return to Finance and Safety on August 20t.
FINANCIAL IMPACT
Under the terms of the proposed ILA, the City will, in the future, commit a portion of its lodging
tax to the PDA.
RECOMMENDATION
Information Only. Staff would appreciate feedback on the primary terms of the ILA, with specific
emphasis on the termination and duration language.
ATTACHMENTS
A. Memo to Finance and Safety dated February 27, 2013 (without original attachments).
B. Draft ILA dated June 27, 2013.
W :12013 Info Memos-CoundiITPAFS.doc
22
City of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety
FROM: Derek Speck, Economic Development Administrator
BY: Brandon Mlles, Senior Planner
DATE: February 27, 2013
SUBJECT: Tourism Promotion Area
ISSUE
Staff is seeking direction from the City Council as to whether the City of Tukwila should engage
with stakeholders to form a Tourism Promotion Area.
BACKGROUND/DISCUSSION
The Cities of Tukwila and SeaTac have been requested by hoteliers to form a Tourism
Promotion Area (TPA). The TPA would charge up to $2 per room night. According to the
Revised Code of Washington (RCW) 35.101.010, the funds must be used for tourism promotion
which means "activities and expenditures designed to increase tourism and convention
business, including but not limited to advertising, publicizing, or otherwise distributing
information for the purpose of attracting and welcoming tourists, and operating tourism and
destination marketing organizations ".
A TPA is a geographic region in which a legislative authority (such as a county or city) charges
a per room night fee on the furnishing of lodging by either a hotel or motel. The fee may be up
to $2 per room night and may be charged to lodging businesses with four or more lodging units.
The fee is collected by the Washington State Department of Revenue and then transmitted to
the legislative authority, or the legislative authority's designee. Staff estimates that if the Cities
of SeaTac and Tukwila form a TPA that charges $2 per room night for hotels and motels with
over 60 rooms, it could generate up to $2.5 million per year for tourism promotion.
Attached is a chart summarizing the other TPAs in Washington State. There are currently no
TPAs in King County.
Lodging Tax
As a separate but related issue, the cities of Tukwila and SeaTac each separately currently
implement a 1% tax on lodging. As required by State law, each city also has a lodging tax
committee that serves as an advisory committee to each city council and provides
recommendations on the expenditures of the lodging tax funds. Through inter -local
agreements, the cities of Tukwila, SeaTac, Kent, and Des Moines contribute approximately $1.2
million per year toward the Seattle Southside Visitors Services, which is a tourism program that
promotes the region and is administered by the City of Tukwila. Formation of a TPA would not
affect the collection of the 1% lodging tax. The lodging tax advisory committees are required by
23
INFORMATIONAL MEMO
Page 2
State law and would remain in effect. Staff recommends that if a TPA is formed for the SeaTac
and Tukwila region, that the responsibility for marketing the region to tourists be transferred to
the new tourism organization. The cities could transfer the Seattle Southside brand, website,
and other assets to the tourism organization. The cities could continue to use lodging tax for
regional tourism promotion by contracting with that organization.
TPA Formation Process
The following outlines the basic process to form a TPA between the cities of Tukwila and
SeaTac. Other cities could also be included. Of course, prior to starting these steps, staff would
engage with SeaTac, Seattle Southside staff, our hoteliers, and other cities to come up with a
consensus approach.
1. Cities designate the "legislative authority". The participating city councils would need to
designate one of the cities as the legislative authority or form a combined legislative
authority. This step would be enacted through an inter -local agreement.
2. Hoteliers submit petition to the legislative authority.
3. Legislative authority adopts a 'resolution of intention to establish a tourism promotion
area ".
4. Legislative authority holds a public hearing.
5. The legislative authority adopts an ordinance establishing the TPA and the lodging
charge.
6. The legislative authority contracts with the Washington State Department of Revenue to
collect the lodging charge on behalf of the TPA.
7. Washington State Department of Revenue starts collecting the TPA lodging charge.
8. The legislative authority contracts with a tourism organization to carry out the tourism
promotion work.
9. The legislative authority should meet at least once a year to approve a basic budget,
approve changes to the contract with the tourism organization, and review annual
tourism promotion outcomes.
Legislative Authority
Under State law a legislative authority" (e.g. city or county council) must adopt an ordinance in
order to establish a TPA. The law also requires that in any county with a population of one
million or more, the legislative authority shall be composed of two or more jurisdictions acting
jointly as the legislative authority under an inter -local agreement (RCW 35.101.010). Thus, in
order for the City of Tukwila to form a TPA it must partner with one or more jurisdictions, such
as with the City of SeaTac, City of Renton or with King County. Staff from the City of SeaTac
has expressed interest in forming a TPA with Tukwila and other cities.
It should be noted that a city can transfer, through an Inter -local Agreement (ILA), its legislative
24
INFORMATIONAL MEMO
Page 3
authority to another governmental entity. Therefore, the legislative authority for a Tukwila -
SeaTac TPA could take the following forms:
1. SeaTac could transfer its legislative authority to Tukwila;
2. Tukwila could transfer its legislative authority to SeaTac; or
3. SeaTac and Tukwila could form a combined legislative authority that would have some
councilmembers from both cities. In this case, one of the cities would coordinate the
proceedings of the combined legislative authority.
Most of the TPAs involve two or more jurisdictions so they have dealt with this question -- even
though these TPAs have been formed in counties that have a population of less than one million
and are not required by State law to partner with an another jurisdiction.
Options 1 and 2 have occurred with the TPAs in Snohomish, Pierce, Clark, and Spokane
Counties. In those four TPAs, the partnering cities have transferred their legislative authority
status to the largest governmental entities, the respective county councils.
None of the TPAs have used option 3 to create a combined legislative authority. However, it
should be noted that none of the TPAs are located in a county with over one million residents
and so are not required by law to partner with other jurisdictions to form a legislative authority.
There has been some discussion and consideration about transferring the legislative authority to
a third party such as a Public Development Authority (PDA). While a third party can be used to
actually implement the program and oversee the daily use of the funds, the legislative authority
must remain with an elected body. The legislative authority must be able to adopt resolutions
and ordinances. If a PDA had a board that was entirely composed of councilmembers then the
cities could designate it as the legislative authority for the TPA. All of the TPAs have legislative
authorities that are either city or county councils.
State law specifies that the legislative authority "has sole discretion as to how the revenue
derived from the charge is to be used to promote tourism (RCW 35.101.130).° However, it does
not specify the level of involvement needed by the legislative authority in overseeing the TPA.
The legislative authority may appoint existing advisory boards or create new advisory boards to
make recommendations for the use of the funds. The legislative authority may also contract
with tourism destination marketing organizations or similar organizations to promote tourism.
Based upon the research into the other TPAs, most of the legislative authorities approve an
annual budget for the TPA and the contract with a local tourism organization such as a
convention and visitors bureau. Typically, the legislative authorities do not get involved in the
day to day operations of the TPA. The one exception is Snohomish County. The Snohomish
County Council approves all expenditures of the TPA funds, after request for funds have been
reviewed by a commission of hoteliers.
Petition and Geographical Area
In order to form a TPA, State law requires that a petition be presented to the legislative
authority. To be valid, the petition must include a number of items including:
25
INFORMATIONAL MEMO
Page 4
1. A description of the boundaries of the proposed TPA. Given that Tukwila may partner
with the City of SeaTac on the TPA, the description of the boundary would be the
combined area of both cities;
2. The proposed uses and projects to which the proposed revenue from the charge shall be
put and total estimated costs;
3. The estimated rate for the charge with a proposed breakdown by classification of lodging
business. For example, the TPA could be set up to only apply to hotels with over a
certain number of rooms. If the threshold is set to 60 or more rooms, Tukwila has fifteen
hotels and motels in that classification which comprise a total of 2,035 rooms; SeaTac
has 28 hotels and motels in that classification which comprise a total of 5,227 rooms.
The combined total between the two cities is 7,262 rooms; and
4. The signatures of the persons who operate lodging businesses in the proposed area
who would pay sixty percent or more of the proposed charges (°ratepayers°). It is
important to point out that the 60 percent requirement is for the entire TPA area, which
would be the combined area of the cities of Tukwila and SeaTac. If the TPA is limited to
hotel and motels with 60 or more rooms, there would be a total of 7,262 rooms within the
TPA area, thus hoteliers comprising 4,357 of the rooms would be able to meet the 60
percent threshold. It is important to note that SeaTac hotels/motels would have
approximately 71% of the rooms in the TPA, while Tukwila would make up 29 %; thus
SeaTac hoteliers could submit a valid petition, even if ALL of Tukwila's hotel ratepayers
objected to the formation of the TPA.
Before a legislative authority can adopt an ordinance to implement a TPA, State law requires
the legislative authority to hold a public hearing. If a protest is made by the lodging businesses
in the area which would pay a majority of the proposed charges then the formation proceedings
must terminate (RCW 35.101.070).
Tourism Organization
Once the legislative authority has formed the TPA it can determine the organizational structure
to implement the tourism promotion work. There are basically four types of organizations that
could work:
1. Business. The legislative authority could contract with a for - profit business (or even an
individual as a sole proprietor), such as a marketing firm, to be carry out the tourism
promotion work. This appears to be the framework with Union Gap's TPA.
2. City Department. The legislative authority could contract with the City of Tukwila or
SeaTac to implement the tourism promotion. This arrangement would be similar to the
relationship that Tukwila and SeaTac have with the Seattle Southside. SeaTac and
Tukwila have an inter -local agreement in which the cities pool lodging tax . funds for
tourism promotion under the brand of Seattle Southside. The Seattle Southside staff
members are City of Tukwila employees and the City of Tukwila administers the Inter -
local agreement. A benefit of this arrangement is that it may be faster to implement since
we have an existing framework. It also provides stability and openness. There are some
significant drawbacks because government agencies are more risk averse since they
have to take into account citizen expectations and follow numerous laws and
regulations. Cities also have wide variety of functions and policies that serve all
departments which can make it challenging to provide the flexibility that may be
26
INFORMATIONAL MEMO
Page 5
appropriate for tourism promotion. These aspects can result in higher administrative
costs, limited flexibility, and longer time to get results.
Snohomish County's operates its TPA program as a grant program. Anyone can
propose programs or events to the TPA Commission for funding. The funding requests
are reviewed by the Commission and then forwarded to the County Council for final
action. The County TPA funds a Tourism Bureau that provides marketing and does not
itself directly engage in any marketing or tourism functions. A benefit of this framework
is that staff costs to the TPA are relatively low. The TPA is managed by one county staff
member. A drawback is the time it takes to get final approval of funding requests given
that the requests must be approved by the County Council.
3. 501(c)(6) Organization. All, except two, TPA legislative authorities in Washington State
contract with a 501(c)(6) organizations, such as Convention and Visitor Bureaus, to
implement the tourism work. Many of these 501(c)(6) organizations existed before the
TPAs were formed. There appears to be no existing 501(c)(6) in the Tukwila/SeaTac
area that could immediately implement the tourism promotion work. Thus, the
organization would need to be created. One major benefit of a 501(c)(6) is that it can
operate outside of many of the limitations and citizen expectations that are placed on
local governments. Given that the entity would be using public funds it would need to
comply with some requirements regarding the use of public funds. The board of
directors of the 501(c)(6) would be independent from the legislative authority. The only
relationship between the legislative authority and the 501(c)(6) would be a contract.
The 501(c)(6) would also be free to solicit business from other governmental entities that
need tourism and marking services.
4. Public Development Authority (PDA). In a memo dated March 29, 2012,
representatives of eight hotels in Tukwila requested that the TPA be managed and
implemented through a Public Development Authority as a way to provide autonomy and
oversight, presumably by the TPA ratepayers hotels /motels.
A PDA is a public agency created by a local government or combination of governments.
Although currently no TPA legislative authorities have contracted with PDAs, a PDA can
carry out tourism promotion work. For example, Pike Place Market is a PDA that
undertakes significant tourism promotion.
The creating legislative authority can choose to have oversight of the FDA; however, the
PDA is a separate legal entity. The PDA can enter into its own contracts, sue and be
sued, and generally operate independently from the parent organization.
While the day to day operations of the PDA are separate from the local government that
created it, ultimate oversight of the PDA would rest with the local government. A good
example of this is the PDA for the Pike Place Market. While the Pike Place Market PDA
operates outside of the management structure of the City of Seattle, the Seattle City
Council appoints all of the members of the PDA Board'. Furthermore, the Seattle City
Council can terminate all of the Board members and the budget of the Pike Place Market
Charter of the Pike Place PDA at p. 13.
27
INFORMATIONAL MEMO
Page 6
PDA must be approved by the Seattle City Council2.
While a PDA would have some autonomy from the cities of Tukwila and SeaTac, it
would not have as much autonomy as a 501(c)(6), which would be fully independent
from the legislative authority; with the only relationship being a contractual relationship.
One potential benefit of the PDA is that it would provide an avenue for more oversight by
the legislative authority and the cities that are part of the legislative authority. When a
local government (city or county) creates a PDA, it typically has control of the Charter
and bylaws of the PDA. For example, the Charter of the Pike Place Market PDA was
approved by the Seattle City Council and any modifications require approval of the
Seattle Mayor. Through the Charter, the government agency that creates the PDA can
specify the membership of the PDA board and certain operational functions if it desires.
Another potential benefit of a PDA is that, as a public agency its employees would be
public employees and as such, it could choose to offer State Retirement and other
benefits to the current Seattle Southside (City of Tukwila) employees.
One potential drawback of using a PDA as the tourism organization is the fact that the
PDA would have to comply with all of the same laws that a City has to comply with.
Most notably, PDAs are subject to the Open Meetings Act, Public Records Act, archiving
requirements, and gifting of public funds. A 501(c)(6) would face some of these same
restrictions, but only when it used TPA funds. The restriction would not be in place for
separate funds generated by the 501(c)(6). A PDA's full operations would be subject to
the same requirements placed on the City. For example, all internal emails would be
subject to disclosure under the Public Records Act, even if the emails have nothing to do
with the TPA; this would not be the case for a 501(c)(6).
Like the 501(c)(6), the PDA could solicit business from other governmental entities that
need tourism and marking services; however, this would need to be permitted in the
Charter that created the PDA. A benefit of a PDA is that donations to the PDA can be tax
deductible.
Termination of the TPA
Should the need arise, the legislative authority may disestablish the tourism promotion area
following a public hearing (RCW 35.101.140). When the cities create the inter -local agreement
to designate the legislative authority or establish a combined legislative authority, the ILA could
include a termination clause.
Feedback from Stakeholders
Following is an overview of the feedback that we have received regarding formation of the TPA.
Seattle Southside Visitors Services: SSVS staff is very excited about a TPA and sees this as
a good opportunity to generate up to $2.5 million in additional tourism promotion revenue each
year and hope that the Cities of SeaTac and Tukwila would form a PDA to manage and
implement the Seattle Southside tourism program drawing upon both the tourism promotion
area revenue and lodging tax revenue. New and expanded tourism promotion activities are
expected to include more advertising, sales and marketing (strategic planning, market research,
2 Id.
28
INFORMATIONAL MEMO
Page 7
creative development, media placement, sales activities, hosting tourism industry events). New
regional sales and marketing efforts could focus on small to mid -size meetings and events,
multi - property meetings and events, Canadian market development, niche markets including
urban, adventure, cultural, sports, incentive, and geo- tourism; group tour product development,
FAM tours for targeted customers, public relations programs including press /travel writer tours
and coverage, and sporting event marketing enhancement.
Tukwila Lodging Tax Advisory Committee: Over the last year, the City of Tukwila's Lodging
Tax Advisory Committee has received informational updates on the possibility of a TPA. City
staff has not brought the item to a vote in order to complete additional research and receive City
Council feedback on the various options. In general, the discussion at LTAC has been very
• supportive of forming a TPA.
Tukwila Hoteliers: Managers representing eight Tukwila hotels submitted a letter dated March
29, 2012 to the Tukwila City Council requesting the City form a TPA (attached). City staff has
not yet performed outreach to hoteliers not represented on the letter.
Chamber of Commerce: The Southwest King County Chamber of Commerce provided letters
dated March 29, 2012 and November 30, 2012 to the City of Tukwila expressing support for the
creation of a TPA (attached).
City of SeaTac: On 10/11/11 The SeaTac City Council Administration and Finance Committee
received an informational briefing and written materials on the formation of a TPA and potential
organizational structures (attached). After multiple conceptual discussions over several months
the City's HoteVMotel Tax Advisory Committee (HMAC) received a detailed briefing on the TPA
and PDA concepts, including the distribution of written materials that served as the basis for the
discussion. At the 6/12/12 City Council Study Session staff presented an Agenda Bill (attached)
that authorized the City Manager to execute an agreement for legal services from Pacifica Law
Group. The purpose of the agreement was to begin the preparation of the required
documentation for the formation of the TPA. This agreement was approved by Council action on
6/26/12 and formally executed on 6/28/12. No actual drafting of documents has been approved
pending the decision of the City of Tukwila whether to move forward with the formation of the
TPA. After analysis of potential organizational structures and discussions with both the HMAC
and the TPA Ratepayers Committee, staff recommended the PDA as the best option for the
organizational structure to oversee the operation of the TPA. On 9/25/12 the Ratepayers
Committee provided the SeaTac City Manager a letter that indicated strong support for both the
TPA and the PDA and urged that the development of legal documentation move forward
expeditiously. In each HMAC meeting that followed, the committee either made formal motions
or asked that the City move forward with preparation of the legal documents pending Tukwila's
decision, to retain the momentum that had been established. The City has yet to instruct the
Pacifica Law Group to begin work on the legal documents due to the lack of clarity on the City of
Tukwila's position on the TPA/PDA initiative.
City of Des Moines: The Des Moines City Council heard this item at their meeting of May 17,
2012 and directed their staff to work with the Cities of SeaTac and Tukwila in the creation of the
Seattle Southside Tourism Development Authority (minutes attached).
Conclusion
29
INFORMATIONAL MEMO
Page 8
City staff believes that a tourism promotion area is a very good opportunity for the City of
Tukwila and Southwest King County. It is important to recognize that a number of the City's
hoteliers are asking the City to impose the charge. Staff believes that hotelier support is a strong
indication that the TPA would increase tourist activity and benefit the City and its businesses.
Based upon the hotelier request, staff believes the additional benefits from the TPA would more
than offset any competitive disadvantage due to the additional room night fee.
If Council would like to consider forming a TPA, staff would engage the City of SeaTac, Seattle
Southside staff, hoteliers, and other cities to see if we can reach a consensus approach. It is
important to find a consensus because under State law the hotels need to submit a valid petition
and at least two cities need to act jointly or else the TPA cannot be formed. Staff would return to
Council when we have a consensus proposal outlining: the legislative authority roles and
responsibilities; the draft language for the petition, resolution, and ordinance; and the tourism
organization roles and responsibilities.
At this time, staff seeks feedback on:
1. Is the Council interested in forming a TPA?
2. How much influence should the City of Tukwila have over the expenditures and
operations of the tourism promotion area?
3. How involved would the Council like to be in the legislative authority or tourism
organization?
FINANCIAL IMPACT
At this point, It appears there would be no financial impact to the city other than staff time during
the formation process. If a TPA Is formed it will generate additional funds for tourism promotion
which should result in additional lodging and sales tax revenue to the City.
RECOMMENDATION
The Committee Is being asked to consider this item and move it forward to the March 25, 2012
Committee of the Whole meeting and the April 1 Regular meeting.
ATTACHMENTS
• Chart of tourism promotion areas in Washington State
• Chart of possible organizational relationships for a tourism promotion area
• Chart comparing tourism organization forms
• List of Tukwila hotels
• List of SeaTac hotels
• Minutes from City of SeaTac Administration and Finance Committee dated October 11, 2011
• Letter from Tukwila hoteliers dated March 29, 2012
• Letter from the Chamber of Commerce dated May 14, 2012
• Minutes from the Des Moines City Council meeting of May 17, 2012
• Minutes from the City of Tukwila's Finance and Safety Committee dated June 5, 2012
• City of SeaTac Agenda Bill #3433 from SeaTac study session on June 12, 2012
• City of SeaTac Ratepayers Committee letter dated September 25, 2012
• Letter from the Chamber of Commerce dated November 30, 2012
30
City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
July 16, 2013 — 5:30 p.m.; Conference Room #3
PRESENT
Councilmembers: Dennis Robertson, Chair; Verna Seal and De'Sean Quinn
Staff: David Cline, Derek Speck, Brandon Miles, Mike Villa, Peggy McCarthy, Gail Labanara and
Laurel Humphrey
Guests: Chuck Parrish, resident; Jeff Robinson, City of SeaTac; Kristina Thorne and Ashley Comar,
Seattle Southside; Deanna Gregory, Pacifica Law Group; Mike Schabbing, Marriott
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Tourism Promotion Area Update
Staff provided an update on the status and primary deal terms of the draft inter -local agreement (ILA)
between the Cities of Tukwila, SeaTac and Des Moines to form a tourism promotion area (TPA), pursuant
to the Council's April 1, 2013 vote in favor of starting negotiations. The primary terms of the draft ILA are
summarized as follows:
1) Tukwila will transfer its legislative authority to the SeaTac City Council.
2) SeaTac is responsible for the formation of a Public Development Authority (PDA).
3) Tukwila will provide a portion of its lodging tax revenue to the PDA.
4) The agreement is drafted for an initial ten -year term, with five -year renewal periods. A city must
give a minimum of one year notice to withdraw from the ILA, and would still have to participate
pending any outstanding obligations.
5) Any city can inspect the records of the PDA.
City Administration has expressed concern about the proposed 10 -year duration of the ILA, noting that it
is unusually lengthy for such an agreement. In addition, the terms of the draft ILA potentially gives the
PDA, an entity not party to the ILA, control over the ability of a city to withdraw from the TPA. Staff
requested feedback from committee members on these specific points.
Committee members, staff, and guests discussed the terms of the draft ILA. Mike Shabbing, representing
the TPA ratepayers steering committee, commented that the 10 -year term of the agreement is very
important due to the long -term vision for tourism promotion. He stated that he does not want the TPA fund
to supplant the existing lodging tax fund, and that the terms of the draft ILA are not currently satisfactory
to hoteliers. Councilmember Quinn asked staff to clarify their position on the lodging tax issue, and staff
confirmed that the draft ILA reflects it. Once the PDA is formed, the Council will be given an opportunity
to approve contracts, and the City does not want to bind future City Councils to a decision regarding
lodging tax funding. Committing lodging tax through the ILA could affect Tukwila's relationship with the
Teamsters since the Seattle Southside positions are funded by lodging tax and represented by the
Teamsters. In addition, lodging tax is a separate funding source under different state requirements and this
agreement is not intended to circumvent the Lodging Tax Advisory Committee.
31
Finance & Safety Committee Minutes July 16, 2013 — Page 2
Committee members each stated general support for the draft terms surrounding the transfer of legislative
authority, the PDA establishment, and the availability of records. However, they all commented in favor
of reducing the agreement duration from 10 years to 2 years, citing standard duration on other ILAs, as
well as noting that this is a new process for the City. They would like to see the PDA established and
successful before committing either longer terms or lodging tax dollars.
Staff confirmed that the next steps will be to hold a public open house, continue ILA negotiations, and
return to Finance & Safety Committee on August 20, 2013 with a final draft. INFORMATION ONLY.
B. Police Department 2013 2nd Quarter Report
As information only, Chief Villa shared a presentation that updated the Committee on items of significance
that occurred in the Police Department during the second quarter. The information included highlights,
crime statistics and crime reduction strategies.
Committee Chair Robertson asked that future quarterly reports include a table of staffing numbers, dating
back to the current Chief's first year. INFORMATION ONLY.
C. Format for Financial Planning Model Attachment A
Committee Chair Robertson began with an overview of the purpose of Attachment A, summarized as a
six -year view of revenues and expenditures that serves as a tool to show Councilmembers the effectiveness
of their policy decisions.
Staff presented a line -by -line summary of the table of proposed changes included in the memo, pertaining
to Attachment A Lines 1, 5, 7, 12, 14, and 20. Committee members approved each proposed change.
Committee members requested the inclusion of a definition key that would always accompany Attachment
A, as it is often reviewed by Councilmembers as a standalone item. Staff agreed to draft a proposed key
for future Committee review.
III. MISCELLANEOUS
Committee Chair Robertson reminded staff that at the Finance and Safety meeting on May 21, 2013, the
Committee requested that a draft proposal to clarify TMC Section 7.20.020 — Dogs at Large, be brought back
in September. He also stated that the August 6, 2013 Committee meeting will be cancelled.
Meeting adjourned at 7:36 p.m.
Next meeting: Tuesday, July 20, 2013 — 5:30 p.m. — Conference Room #3
Committee Chair Approval
Minutes by 1,1-1, Reviewed by DS
32
City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
March 18, 2014 — 5:30 p.m.; Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffie, Kathy Hougardy
Staff: Derek Speck, Brandon Miles, Katherine Kertzman, Meagan McGuire, Ashley
Comar, Kristina Thorne, Don Tomaso, Peggy McCarthy, Vicky Carlsen, Laurel
Humphrey
Guests: Jeff Robinson, City of SeaTac; Mike Schabbing, Marriott; Maureen Huffman,
Embassy Suites; Wendy Morgan, SeaTac Resident
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:32 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement: Tourism Promotion Area
Staff is seeking Council approval for the Mayor to sign an Interlocal Agreement (ILA) with the
Cities of SeaTac and Des Moines for the creation of a Tourism Promotion Area (TPA). The
Council adopted a motion in support of forming the TPA in April 2013, and since then staff
members from the three cities have been negotiating the terms of the ILA. The primary terms
of the proposal are summarized as follows:
1) Tukwila will transfer its legislative authority to the SeaTac City Council for the purpose of
forming the TPA.
2) SeaTac is responsible for the formation of a Public Development Authority (PDA).
3) Tukwila will provide a portion of its lodging tax revenue to the PDA, with specific amounts
specified per year. The ILA does not create a contractual obligation to provide these
amounts.
4) The initial term of the ILA is twenty years, but there is a provision that a city may withdraw,
with a year's notice, once the agreement has been in effect for four years.
5) Any city can inspect the records of the PDA.
6) Tukwila will transfer existing assets and intellectual property to the PDA at no cost.
7) The ILA creates little to no liability for Tukwila with regard to administration of the TPA and
its funds.
Staff recommends the ILA be signed with the terms outlined above, and provided a reminder
that services provided by Seattle Southside Visitor Services will transition to the PDA and
SSVS will eventually cease to exist as a City department. However, SeaTac and Tukwila are
committed to operating SSVS until the PDA is fully functional.
Committee members were comfortable with the changes made to the duration of the ILA since
the July 16, 2013 Finance and Safety Committee meeting, and were supportive of the overall
proposal. UNANIMOUS APPROVAL. FORWARD TO MARCH 24, 2014 COMMITTEE OF
THE WHOLE.
33
34
COUNCIL AGENDA S
.„.. -1nitiair •
eetin1Daie.
Prepared /7y
DT
Ala re eview
Gullet/ review
03/24/14
04/07/14
DT
ITEM INFORMATION
OPSIS
ITEM No.
3.B.
STAFF SP(. NS( )R: DON TOMASO
ORIGINAL AGENDA DATE: 03/24/14
GINDA 1.TEM eirrux, Adoption of the 2012 International Fire Code and updates to the Fire Sprinkler and
Fire Alarm OrdinanceS
CA" ru ;uRy i"):hwussion
Date 03/24/14
LI Motion
Aft Date
0 Resolution
Mig Date
Ordinance
li, g Date 04/07/14
LI Bi ./.1.ward
Date
El Public klean'n,g
Aug Date
Other
Mig Date
SP( Nsok ;ounce/
. i iayor LI HR DCD [1] Finance .Fire El IT El .P&R awe El ?IV
Si )NSOIL'S
SUNINIARY
Washington State requires that all cities adopt the 2012 International Code series by
July 1 of 2013. This proposed adoption of the 2012 International Fire Code will meet this
requirement. In addition we have included upgrades to the fire sprinkler and fire alarm
ordinances to make some corrections to provide clarification for designers and contractors.
Staff also has made some additions to improve life safety as well as improve sprinkler and
fire alarm system_performance.
RI<NIEWI.oD COW Mtg.
C.A&P Cmte F&S Cr:late Transportation Cmte
H Utilities Cmte El Arts Comm. El Parks Comm. 0 'Planning Comm.
DATE: 03/18/14 commn.TEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Fire Department
C( )NINH rl Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXI'FNL /RE, RIU(,).t FIRU1)
$N/A
AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $N/A
Fund Source:
Comments:
MTG. DATE
3/24/14
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
3/24/14 Informational Memorandum dated 03/10/14
Draft Fire Code Ordinance
Draft Fire Sprinkler Ordinance
Draft Fire Alarm Ordinance
mutes of Finance and Safety Committee Meeting of 3/18/14
4/7/14
35
36
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Chris Flores, Interm Fire Chief
BY: Don Tomaso, Fire Marshal
DATE: March 10, 2014
SUBJECT: 2012 Fire Code, Fire Sprinkler and Fire Alarm adoption
ISSUE
The adoption of the 2012 International Fire Code is required to be completed by July 1, 2013 as
per the direction of the State Legislator and State Building Code Council. Additionally staff has
updated the fire sprinkler and fire alarm ordinances to reflect current standards and
interpretations.
BACKGROUND
Staff has taken time to incorporate clarifications and changes to improve customer service and
life safety for all three -fire code related ordinances. Staff has been allowed to proceed with this
format for the last several code adoption cycles and has received positive feedback from our
customers on this process. Customers appreciate the fact that we are responsive to their input.
ANALYSIS
Staff has made minor modifications to the adopting ordinances to correct chapter and or section
changes that occurred within the 2012 fire code. Additionally, we have added language to
ensure that we have adequate emergency service response capability concerning automated
entry gates and traffic calming devices. The Planning Department also provided updated zoning
classifications for of above ground storage tank. This has been included within these adoption
requests.
Staff would like to adopt a fire department operational permit fee for temporary or short — term
events. These would typically be vendors from one to three consecutive days and would apply
to open flame and liquid propane that are required for cooking operations. The fee proposed is
$25.00 for these short -term events and aligns with the Cities Strategic Plan on customer
service. This proposed fee will not fully cover staff time conducting these inspections on an
individual basis; often during these events we have multiple vendors requiring these permits and
would be inspecting more than one and the total should recover staff cost. The Parks
Department is supportive of this short — term permit fee proposal as it would aid in attracting
additional vendors to City sponsored events.
The Fire Sprinkler Ordinance, which was adopted in 2010, was updated based on conversations
with the City Attorney, resulted in correcting language related to the 500 square foot sprinkler
threshold and residential fire sprinklers. The remaining changes are clarifications for designers
and contractors
The Fire Alarm Ordinance was updated correcting language related based on conversations
with the City Attorney, regarding the 500 square foot change in the Fire Sprinkler Ordinance.
Staff added some clarifying language to aid designers and contractors with interpretations and
installation guidelines. One addition staff is making is the requirement for attic heat detection. If
37
38
INFORMATIONAL MEMO
Page 2
the attic heat detection activates due to excessive heat buildup during hot weather the owner
shall be required to have additional attic ventilation installed to correct the heat buildup condition
in accordance with the International Building Code requirements.
FINANCIAL IMPACT
None
RECOMMENDATION
The Council is being asked to approve the Ordinances, and consider this item at the March 24,
2014 Committee of the Whole meeting and subsequent April 7, 2014 Regular Meeting.
ATTACHMENTS
-Draft Fire Code Ordinance
- Draft Fire Sprinkler Ordinance
- Draft Fire Alarm Ordinance
W:12014 Info Memos- CouncillFire Code InfoMemo.doc
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2290
AND 2331, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 16.16; REENACTING TUKWILA MUNICIPAL CODE
CHAPTER 16.16, "INTERNATIONAL FIRE CODE," TO ADOPT
THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AND
APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS
TO APPLY WITHIN THE CITY OF TUKWILA; PROVIDING FOR
SEVERABILITY; 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 2012 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 manner;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Tukwila Municipal Code (TMC) Chapter 16.16 is hereby reenacted to
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
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
Page 1 of 11
39
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
16.16.075 Problematic Systems and Systems Out of Service
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 is hereby reenacted to 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 (2O2012 Edition), and any amendments thereto published by the
Washington State Building Code Council Western Fire Chiefs Association and the
, 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 Fire Marshal for public use and inspection.
. -_ • _ *.
Section 3. TMC Section 16.16.020 is hereby reenacted to read as follows:
16.16.020 Enforcement
A. The International Fire Code shall be enforced by the Fire Prevention Bureau
within 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 is hereby reenacted to 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.
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
40
Page 2 of 11
Section 5. TMC Section 16.16.040 is hereby reenacted to 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 Chapter34 57
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, HI, LI or CLI
zones.
Section 6. TMC Section 16.16.050 is hereby reenacted to read as follows:
16.16.050 Establishment of Limits in which Bulk Storage of Liquefied
Petroleum Gases is to be Restricted
1. The limits referred to in Chapter38 61, Section3804.2 6104.2 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.
2. International Fire Code Section 6101.3, Construction documents. Where a
single LP—gas container is more than 250 gallons (946 L) in water capacity or the
aggregate water capacity of LP —gas containers is more than 300 gallons (1135 L), the
installer shall submit construction documents for such installation.
Section 7. TMC Section 16.16.060 is hereby reenacted to 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 Chapter33 56, Section3304 5601.3 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 is hereby reenacted to 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.
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
Page 3 of 11
41
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. Traffic Calming Devices. Traffic calming devices shall be reviewed by the fire
code official for impacts to emergency services response times.
CD. Section 503 of the International Fire Code (20092012 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.
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 MarshalDepartment, 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.
W: Word Processing \OrdinancesWdopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
42
Page 4 of 11
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. Si sMarkings:
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 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.
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
Page 5 of 11
43
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 Marshal 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
16.16.070.CD.13.b or TMC Section 16.16.070.CD.13.c.
16. Existing Buildings. When the Fire Marshal 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. Required Gates or Barricades. The fire code official is authorized to
require the installation and maintenance of gates or other approved barricades across
fire apparatus access roads, trails or other accessways, not including public streets,
alleys or highways. Electric gate operators, where provided, shall be listed in
accordance with UL 325. Gates intended for automatic operation shall be designed,
constructed and installed to comply with the requirements of ASTM F 2200.
18. Secured Gates and Barricades. When required, gates and barricades
shall be secured in an approved manner. Roads, trails and other accessways that have
been closed and obstructed in the manner prescribed by Section 503.5 of the
International Fire Code shall not be trespassed on or used unless authorized by the
owner and fire code official.
19. Security Gates. The installation of security gates across a fire apparatus
access road shall be approved by the Fire Marshal. Where security gates are installed,
they shall have an approved means of emergency operation. The security gates and
the emergency operation shall be maintained operational at all times. Electric gate
operators, where provided, shall be listed in accordance with UL 325. Gates intended
for automatic operation shall be designed, constructed and installed to comply with the
requirements of ASTM F 2200. Electric operated gates shall have a remote opening
device installed for emergency services.
-1-720. Enforcement. It shall be the duty of the Tukwila Fire Marshal and /or
the authorized designee(s) to enforce Subsection 503.2 of the International Fire Code.
W: Word Processing \Ordinances\Adopt Int'l Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
44
Page 6 of 11
Section 9. A new TMC Section 16.16.075 is hereby established to read as follows:
16.16.075 Problematic Systems and Systems Out of Service
In the event of temporary failure of the emergency responder radio coverage, fire
alarm system, fire sprinkler system or an excessive number of accidental alarm
activations, the Fire Marshal is authorized to require the building owner or occupant to
provide standby personnel as set forth in Section 403.1 of the International Fire Code
until the system is restored, repaired or replaced.
Section 10. TMC Section 16.16.080 is hereby reenacted to 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. Short Term Permit Fees. A fee of $25.00 shall be charged for each permit
required by the International Fire Code for Liquid Propane or Open Flame permit for
food vendors for events not to exceed three consecutive days in duration.
BC. 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
CD. 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.
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
Page 7 of 11
45
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.
DE. Penalties. The following penalties shall apply to these violations of the Fire
Code:
IFC Section
Offense
Bail
109.23.2
Non - compliance with orders and notices
$5,000.00
109.23.4
Unlawful removal of a tag
$5,000.00
111.1
Unlawful continuance of a hazard
$5,000.00
111.4
Non - compliance with a Stop Work Order
$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
Failure to: Maintain fire protection systems
$500.00
901.7
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
16.40.110
Failure to: Provide required UL central station monitoring
$500.00
€F. Other Violations. Bail for all other violations is $4- 50.00250.00 plus court
costs. Fines are forfeitable on the first offense and mandatory appearance is required
on second offense.
FG. False Alarms.
4 —False alarms shall not be given, signaled or transmitted or caused or
permitted to be given, signaled or transmitted in any manner. False alarms, in excess
of two per year, shall be fined under the following --fee schedule referenced in TMC
Section 8.08.040.
a. First false alarm no fine, warning
b. Second false alarm no fine, warning
_ a .'
2. The number of false alarms shall be calculated by calendar year bcginning
Section 11. TMC Section 16.16.085 is hereby reenacted to 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.
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
46
Page 8 of 11
Section 12. TMC Section 16.16.090 is hereby reenacted to read as follows:
16.16.090 Appeals.
A. 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 App als
written interpretation from the Institute City's Hearing Examiner within 14 days of the
date of final decision by the Fire Marshal. The appeal shall be filed with the City Clerk.
To be accepted the appeal must be accompanied by an appeal fee of $250.00.
B. The Notice of Appeal shall contain the following information:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the
appealing party is a corporation, association or other group, the address and phone
number of a contact person authorized to receive notices on the appealing party's
behalf.
3. A statement identifying the decision being appealed and the alleged errors
in that decision.
4. The Notice of Appeal shall state specific errors of fact or errors in
application of the law in the decision being appealed, the harm suffered or anticipated
by the appellant, and the relief sought. The scope of an appeal shall be limited to
matters or issues raised in the Notice of Appeal.
C. Upon receipt of the Notice of Appeal, the Fire Marshal shall set a date for
hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be
mailed to the applicant.
D. Deference shall be given to the decision being appealed. The standard on
review shall be based upon a preponderance of evidence. The Hearing Examiner may
affirm, reverse or modify the Fire Marshal, or his /her designee's, decision.
E. The decision of the Hearing Examiner shall be final. Any appeal from the
administrative hearing shall be to King County Superior Court within 14 calendar days of
the Hearing Examiner's decision.
W: Word Processing \Ordinances\Adopt Int'l Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
Page 9 of 11
47
Section 13. TMC Section 16.16.100 is hereby reenacted to 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 14. TMC Section 16.16.110 is hereby reenacted to read as follows:
16.16.110 Violations — Penalties.
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 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.OE„ and the
vehicle may be impounded.
Section 15. TMC Section 16.16.120 is hereby reenacted to 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 16. Repealer. Ordinance Nos. 2290 and 2331 are hereby repealed.
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
48
Page 10 of 11
Section 17. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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
on June 1, 2014, 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 , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances\Adopt Intl Fire Code -2012 Edition -re -enact TMC 16.16 2 -18 -14
DT:bjs
Page 11 of 11
49
50
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2327,
AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER
16.42; REENACTING TUKWILA MUNICIPAL CODE CHAPTER
16.42, "SPRINKLER SYSTEMS," TO UPDATE REGULATIONS
REGARDING FIRE PROTECTION SYSTEMS IN NEW AND
EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA;
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 (TMC) Chapter 16.42 is hereby reenacted 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
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
Page 1 of 10
51
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 Permit Expiration
16.42.150 Appeals
Section 2. TMC Section 16.42.010 is hereby reenacted to read as follows:
16.42.010 Required.
An automatic sprinkler system shall be required as outlined in this chapter.
Section 3. TMC Section 16.42.020 is hereby reenacted 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. TMC Section 16.42.030 is hereby reenacted to read as follows:
16.42.030 Definitions
A. "Approved" refers to the approval of the Tukwila Fire Marshal epa4ment.
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
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
52
Page 2 of 10
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 any plan that requires subsequent review.
Section 5. TMC Section 16.42.040 is hereby reenacted 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 Factory Mutual or any fire
protection engineer licensed by the State of Washington and approved by the Fire
Marshal.
Exception: The Tukwila Fire MarshalPrevention 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 construction drawings shall be prepared by persons meeting the
requirements of RCW 18.160
C. At least three complete sets of blueprint construction drawings with information
regarding the automatic sprinkler system as identified in NFPA 13, Sections 6 -1, 6 -21
an46 -3 and 9 -3, and at least one civil engineering site planbiuleprit showing the
underground installation from water -main tap to base riser, shall be submitted to the
Tukwila Fire Prevention Bureau Marshal for approval prior to installation or modification
of any equipment. One set of approved -plans construction drawings 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, if applicable.
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.
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
Page 3 of 10
53
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 Marshal.
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. The installers shall meet the requirements of WAC 212 -80 -096 and, upon
request, produce their license or certification pursuant to WAC 212 -80 -028.
GH.After the sprinkler plans have been approved by the Tukwila Fire Prevention
Bureau Marshal, a job number will be issued to begin work. The plan review fees are
as follows:
Commercial: For 1 -5 heads:
Base fee = $100.00
Commercial: For 6 or more heads:
Base fee = $200.00 + $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. TMC Section 16.42.050 is hereby reenacted 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 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 16.42.050.A, may be
required by the Chief of the Fire Department and the Fire Marshal for new and existing
buildings _ - _ - _ e e e _ . - -- _ _ _ _ . - _ 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 \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
54
Page 4 of 10
EC. 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.
G.
hydrant may, at the discretion of the Fire Marshal or Chief, be allowed to install a
cprinklcr systcm in licu of a hydrant.
HD. An approved automatic fire sprinkler system shall be installed in new one - family
and two- family dwellings and townhouses in accordance with Appendix R (WAC 51 -51-
60105) and Appendix S (WAC 51 -51- 60107).
Section 7. TMC Section 16.42.060 is hereby reenacted to read as follows:
16.42.060 Standpipes
A. When standpipes are required, they shall be Class 114 Automatic -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. TMC Section 16.42.070 is hereby reenacted 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 I 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.
W: Word Processing\Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
Page 5 of 10
55
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]).
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 building address served by the PIV or FDC
stenciled vertically in 3- inch -high white numbers facing the direction of vehicular access.
J. The fire department connection shall have a downward angle bend of 30
degrees, with a 5 -inch Knox locking 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 Alarm
Systems."
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 degree elbow" or "Tee" at the ceiling 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. TMC Section 16.42.080 is hereby reenacted 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.
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
56
Page 6 of 10
B. Each new commercial /industrial or multi - family building shall have its own
indicating control valve on the exterior or outside away from the building. Each floor of
a multi -story building shall have sectional control valves and waterflow switches.
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 required for a one- or two- family dwelling, sprinkler
protection shall be extended to attached garages.
Section 10. TMC Section 16.42.090 is hereby reenacted 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. TMC Section 16.42.100 is hereby reenacted to read as follows:
16.42.100 Maintenance
A. A satisfactory contract covering the maintenance, operation and efficiency of
the sprinkler system shall be provided by the building /property owner or his agent. The
contract shall provide for inspections, tests and maintenance as specified in NFPA 25
and manufacturer's instructions. The building /property owner or his agent 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.
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
Page 7 of 10
57
Section 12. TMC Section 16.42.110 is hereby reenacted 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 $100.00 will be assessed.
Section 13. TMC Section 16.42.120 is hereby reenacted 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. TMC Section 16.42.130 is hereby reenacted 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.
Section 15. TMC Section 16.42.140 is hereby reenacted 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 grant, in writing, one or
more extensions of time, for periods not more than 180 days each. The extension shall
be requested in writing and justifiable cause shall be demonstrated.
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
58
Page 8 of 10
Section 16. TMC Section 16.42.150 is hereby reenacted to read as follows:
16.42.150 Appeals
A. 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
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
City's Hearing Examiner within 14 days of the
date of final decision by the Fire Marshal. The appeal shall be filed with the City Clerk.
To be accepted the appeal must be accompanied by an appeal fee of $250.00.
B. The Notice of Appeal shall contain the following information:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the
appealing party is a corporation, association or other group, the address and phone
number of a contact person authorized to receive notices on the appealing party's
behalf.
3. A statement identifying the decision being appealed and the alleged errors
in that decision.
4. The Notice of Appeal shall state specific errors of fact or errors in
application of the law in the decision being appealed, the harm suffered or anticipated
by the appellant, and the relief sought. The scope of an appeal shall be limited to
matters or issues raised in the Notice of Appeal.
C. Upon receipt of the Notice of Appeal, the Fire Marshal shall set a date for
hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be
mailed to the applicant.
D. Deference shall be given to the decision being appealed. The standard on
review shall be based upon a preponderance of evidence. The Hearing Examiner may
affirm, reverse or modify the Fire Marshal, or his /her designee's, decision.
E. The decision of the Hearing Examiner shall be final. Any appeal from the
administrative hearing shall be to King County Superior Court within 14 calendar days of
the Hearing Examiner's decision.
Section 17. Repealer. Ordinance No. 2327 is hereby repealed.
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
Page 9 of 10
59
Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 19. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 20. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, 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 , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 2 -18 -14
DT:bjs
60
Page 10 of 10
A
T
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO.
2328, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 16.40; REENACTING TUKWILA MUNICIPAL CODE
CHAPTER 16.40, "FIRE ALARM SYSTEMS," TO UPDATE
REGULATIONS REGARDING AUTOMATIC FIRE ALARM
SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE
CITY OF TUKWILA; 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 Code (TMC) Chapter 16.40 is hereby reenacted 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
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
Page 1 of 14
61
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
Improvements and Spot Inspections
16.40.140 Exceptions
16.40.150 Penalties
16.40.160 Permit Expiration
16.40.170 Appeals
Section 2. TMC Section 16.40.010 is hereby reenacted to read as follows:
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 TMC Section 16.40.140.
Section 3. TMC Section 16.40.020 is hereby reenacted 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. TMC Section 16.40.030 is hereby reenacted 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.
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
62
Page 2 of 14
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 that 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.
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
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
Page 3 of 14
63
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 approved method. 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 any set of plans that requires subsequent review.
Section 5. TMC Section 16.40.040 is hereby reenacted to read as follows:
16.40.040 Approval and Design Plans
A. At least three complete sets of construction 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 Marshal 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 systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
64
Page 4 of 14
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 and voltage drop 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 Marshal, a job number will be issued to begin work. The plan review fees are
as follows:
Commercial: For 1 -5 devices:
Base fee = $100.00
Commercial: For 6 or more devices:
Base fee = $200.00 + $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. TMC Section 16.40.050 is hereby reenacted 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.
W: Word Processing \Ordinances\Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
Page 5 of 14
65
C. A City of Tukwila electrical permit shall be posted at all automatic fire alarm
system installations per TMC 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 for which they are intended.
No one shall perform any type of modification to any device that would void its UUFM
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 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 height of the
annunciator /control panel shall be 48 to 60 inches above grade /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. A 15% safety factor shall be provided in all voltage drop calculations. 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; hotel guest
rooms and rooms 130 square feet or larger regardless of use.
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
• - • -
- • .. . - .
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.
L. When requested by the Fire Marshal, the owner of a building equipped with a
fire alarm system shall provide as -built fire alarm drawings to ensure adequate fire
alarm system power is available.
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
66
Page 6 of 14
Section 7. TMC Section 16.40.060 is hereby reenacted 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.
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 addressed as individual address
points _ _ - ' _ . - _ _ _ - - _ _ • , for trouble /supervisory only.
J. All fire alarm panels /keypads shall have alarm silence capability.
Section 8. TMC Section 16.40.070 is hereby reenacted 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 Marshal 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
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
Page 7 of 14
67
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
Tukwila Fire Prevention Bureau Marshal.
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 Marshal.
F. Non - sprinklered multi - family dwelling units that exit through a common interior
exit corridor shall have a system heat detector installed within 25 feet of the interior exit
door from the unit.
unit.
Section 9. TMC Section 16.40.080 is hereby reenacted 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 Marshal 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 Marshal, 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.
Section 10. TMC Section 16.40.090 is hereby reenacted 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 building /property owner or his agent. The contract
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
68
Page 8 of 14
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 TMC Chapter 16.40.
B. A copy of inspection, test, and maintenance records shall be forwarded to the
Tukwila Fire Prevention Bureau Marshal.
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
Marshal.
F. If attic heat detectors are activated by excessive heat buildup during hot
weather, additional attic ventilation shall be installed in the attic to correct the heat
buildup condition in compliance with the International Building Code.
Section 11. TMC Section 16.40.100 is hereby reenacted 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 TMC Section
16.40.120.B, "Special Requirements."
4. All other new commercial /industrial buildings under 500 square feet unless
fully protected by an automatic sprinkler system.
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
Page 9 of 14
69
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 requirements.
7. When sold, commercial /industrial buildings that are protected by an
automatic sprinkler system shall install a manual fire alarm system.
8. When sold, existing hotel /motel occupancies that are not protected by an
automatic sprinkler system shall install a fire alarm system throughout. The guest
rooms shall comply with TMC Section 16.40.120.A.
9. When sold, multi - family dwellings that are protected by an automatic
sprinkler system shall install a fire alarm system complying with TMC Section
16.40.120.B.
Exception: Multi- family dwellings of four units or less.
10. When sold, multi - family dwellings that 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 less.
11. 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.
12. 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.
13. A manual fire alarm system shall be installed in all new sprinklered
buildings. Visual and audible devices shall be installed per TMC Section 16.40.050.1.
B. For items 5, 6, 7, 8, 9 and 10 of TMC 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. TMC Section 16.40.110 is hereby reenacted 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.
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
70
Page 10 of 14
1. All new automatic and manual systems as required by TMC 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. TMC Section 16.40.120 is hereby reenacted to read as follows:
16.40.120 Special Requirements
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 lodging houses shall have audible /visual devices
throughout the unit. Bedrooms shall have a 110 candela wall- mounted horn /strobe
within 16 feet of the pillow or a 177 candela ceiling- mounted horn /strobe. Audibility
shall be a minimum of 75 decibels at the pillow. The bathroom shall have an
appropriately rated strobe only.
D. 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.
E. Duct detectors shall send a supervisory signal only and shall not cause an
alarm.
F. Approved Knox key boxes shall be provided for access to alarm panels and
sprinkler risers.
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
Page 11 of 14
71
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. TMC Section 16.40.130 is hereby reenacted 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 $100.00 will be assessed.
Section 15. TMC Section 16.40.140 is hereby reenacted to read as follows:
16.40.140 Exceptions
Any exception to the items covered by TMC 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. TMC Section 16.40.150 is hereby reenacted to read as follows:
16.40.150 Penalties
Any person violating the provisions of TMC Chapter 16.40, 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 alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
72
Page 12 of 14
Section 17. TMC Section 16.40.160 is hereby reenacted to read as follows:
16.40.160 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 grant, in writing, one or
more extensions of time, for periods not more than 180 days each. The extension shall
be requested in writing and justifiable cause demonstrated.
Section 18. TMC Section 16.40.170 is hereby reenacted to read as follows:
16.40.170 Appeals
A. 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
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
City's Hearing Examiner within 14 days of the
date of final decision by the Fire Marshal. The appeal shall be filed with the City Clerk.
To be accepted the appeal must be accompanied by an appeal fee of $250.00.
B. The Notice of Appeal shall contain the following information:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the
appealing party is a corporation, association or other group, the address and phone
number of a contact person authorized to receive notices on the appealing party's
behalf.
3. A statement identifying the decision being appealed and the alleged errors
in that decision.
4. The Notice of Appeal shall state specific errors of fact or errors in
application of the law in the decision being appealed, the harm suffered or anticipated
by the appellant, and the relief sought. The scope of an appeal shall be limited to
matters or issues raised in the Notice of Appeal.
C. Upon receipt of the Notice of Appeal, the Fire Marshal shall set a date for
hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be
mailed to the applicant.
D. Deference shall be given to the decision being appealed. The standard on
review shall be based upon a preponderance of evidence. The Hearing Examiner may
affirm, reverse or modify the Fire Marshal, or his /her designee's, decision.
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
Page 13 of 14
73
E. The decision of the Hearing Examiner shall be final. Any appeal from the
administrative hearing shall be to King County Superior Court within 14 calendar days of
the Hearing Examiner's decision.
Section 19. Repealer. Ordinance No 2328 is hereby repealed.
Section 20. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 21. 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 22. 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 , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 2 -18 -14
DT:bjs
74
Page 14 of 14
Finance & Safety Committee Minutes March 18, 2014 - Page 2
B. Ordinances: Fire Code, Fire Sprinkler, and Fire Alarm.
Staff is seeking Council approval of ordinances to amend Tukwila Municipal Code Chapters
16.16 (International Fire Code), 16.40 (Fire Alarm Systems), and 16.42 (Sprinkler
Systems), with notable changes summarized as follows:
• Adoption of the 2012 International Fire Code with certain exceptions and amendments
applicable to Tukwila;
• New language addressing adequate emergency service response capability with regard
to automated entry gates and traffic calming devices;
• Requirement for construction documentation for the installation of liquid propane
containers holding more than 250 gallons;
• Added section requiring standby personnel in the event of problematic systems or
systems out of service;
• New short term permit fee of $25.00 for food vendors desiring to use liquid propane or
open flame cooking at events not exceeding three consecutive days;
• Added language designed to aid contractors with interpretations and installation
guidelines for alarm systems;
• New requirement for attic heat detection;
• Outline of an appeals process involving the City Hearing Examiner;
• Corrections relating to residential fire sprinklers;
• Other clarifications and non - substantive housekeeping items as shown in markup.
Committee members asked clarifying questions and were supportive of the proposed
ordinances moving forward. UNANIMOUS APPROVAL. FORWARD TO MARCH 24, 2014
COMMITTEE OF THE WHOLE.
C. Resolution: Reimbursement from Bond Proceeds for Interurban Avenue South Proiect
Staff is seeking Council approval of a Resolution that declares intent to reimburse the City
from bond proceeds for certain expenditures related to the Interurban Avenue South
Project. This project consists of design and construction of sidewalks, pavement
restoration, drainage and lighting in Interurban Avenue South between South 143rd Street
and Fort Dent Way, funded by a combination of federal, state, bonds and City funds for a
total of $11.6 million. Final design was completed in 2013 and construction is scheduled
for this year. The project is going to bid soon but the bonds will not be sold until this fall,
and with this Resolution in place, the City can be reimbursed certain costs. The City
anticipates selling a maximum of $3.5 million in bonds. UNANIMOUS APPROVAL.
FORWARD TO APRIL 7, 2014 CONSENT AGENDA.
D. 2013 4th Quarter Cash and Investment Report
Staff presented the 4th Quarter Cash and Investment Report for 2013, including information
on the City's portfolio components, performance, policy compliance and liquidity analysis,
fund cash and investment balances, and investment environment. At December 31, 2013,
the portfolio totaled $46.5 million comprised of $39.6 million in cash and cash equivalents
and $6.9 in longer term investments. This represents a $9 million increase from the
December 31, 2012 balance of $37.5 million, due in part to the sale of bonds for Local
Improvement District No. 33. INFORMATION ONLY.
75
76
COUNCIL AGENDA SYNOPSIS
------------------- ----- ----Initials
Meeting Date
Prepared by
Mcviorri-eview
Council review
03/24/14
RS
,,,ge■A
04/07/14
RS
ITEM INFORMATION
ITEM No.
3.C.
STAFF SPONSOR: RICK STILL
ORIGINAL AGENDA DATE: 3/24/14
AG I NIX\ ITEM TITLE A Resolution Accepting a Land Donation
CA°1,',G( /RY
Discussion
Mtg Date 3/24/19
0 Motion
AN Date
Resolution
Mtg Date 4/7/14
Ordinance
111 tg Dale
0 Bid Award
Mtg Date
El Public Heariq
Mtg Date
Other
Altg Date
SPONSOR El Council El Mayor 0 HR El DCD El Finance D Fire ID IT
P
0 Police
SPONSOR'S
SUMMARY
Approving the resolution to accept the land donation will enhance the Green River Trail
system by providing an open space area adjacent to the trail that could be used as a trail
user resting area and/or a mini park for the neighbors; and it will provide a buffer
between the current trail and International Boulevard South that the city will manage.
RIA/WV/ED BY
0 COW Mtg.
0 Utilities Cmte
DATE: 3/11/14
CA&P Cmte
El Arts Comm.
El F&S Cmte El Transportation Cmte
0 Parks Comm. El Planning Comm.
COMMITTEE CHAIR: DUFFIE
RECOMMENDATIONS:
SPoNsoR/ADmIN. Parks and Recreation Department
Comml'ITEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPI:NI)ITURE RI U IR ED
AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.
MTG. DATE
RECORD OF COUNCIL ACTION
3/24/14
MTG. DATE
ATTACHMENTS
3/24/14
Informational Memorandum dated 3/5/14
Resolution with exhibits to include updated maps with arrows delineating the property
Minutes from the Community Affairs and Parks Committee meeting of 3/11/14
4/7/14
77
78
City of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director
DATE: March 5, 2014
SUBJECT: Resolution Accepting Land Donation
ISSUE
Land donation along the Green River Trail near S. 116th Street and 35th Lane South.
BACKGROUND
The City was approached by a family wishing to donate a parcel of land, approximately 39,700
square feet (0.91 acres), they no longer need. The land is currently open space and serves as
a buffer between the Green River Trail and Interurban Avenue South (See attached maps).
DISCUSSION
The location of the land is adjacent the Green River Trail and has potential to become a resting
area for trail users and/or a mini park in the future. The recently adopted Parks, Recreation and
Open Space Plan points out two recommendations that could be aligned with this type of
donation:
1. Provide safe and convenient places for walking and biking.
2. Invest in bicyclist and pedestrian improvements in identified focused areas; one area of
focus was modification of the Allentown Bridge. This donation is within proximity to that
area and could serve as an access point to the bridge which provides access to TCC,
Duwamish Park and Duwamish Hill Preserve.
FINANCIAL IMPACT
None
RECOMMENDATION
The Council is being asked to approve the draft resolution and consider this item at the March
24, 2014 Committee of the Whole and April 7, 2014 Regular City Council Meetings.
ATTACHMENTS
A. Resolution
B. Location Maps
79
80
D a FT.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ACCEPTING THE DONATION OF
CERTAIN REAL PROPERTY TO THE CITY OF TUKWILA BY
ANTONETTA ROSATTO, LUIGI ROSATTO, JOE SICCARDI,
FRANK J. SICCARDI, EILEEN A. BALZARINI, EDDY
TERRILLE, GLORIA TERRILLE, DAVID A. KALAMAR,
JERALD R. KALAMAR, AND ROBERT F. KALAMAR.
WHEREAS, Antonetta Rosatto, Luigi Rosatto, Joe Siccardi, Frank J. Siccardi,
Eileen A. Balzarini, Eddy Terrille, Gloria Terrille, David A. Kalamar, Jerald R. Kalamar,
and Robert F. Kalamar are the owners of the property as fully described in Exhibit A
attached hereto, located within Tukwila, Washington, and desire to donate this property
to the City of Tukwila; and
WHEREAS, the City's Parks and Recreation Department, through the Parks,
Recreation and Open Space Plan, has identified the property as beneficial to the
expansion of publicly -owned open space;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby accepts the donation of certain real property
from Antonetta Rosatto, Luigi Rosatto, Joe Siccardi, Frank J. Siccardi, Eileen A.
Balzarini, Eddy Terrille, Gloria Terrille, David A. Kalamar, Jerald R. Kalamar, and
Robert F. Kalamar as detailed in the attached Exhibit A.
Section 2. The City Council authorizes the Mayor to execute the appropriate
documents necessary to convey clear title for the property (as shown in Exhibit A) to the
City of Tukwila.
W: \Word Processing \Resolutions\Land Donation Rosatto Siccardi et al 2 -27 -14
SG:bjs
Page 1 of 2
81
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, 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: Legal Description
W: \Word Processing \Resolutions \Land Donation Rosatto Siccardi et al 2 -27 -14
SG:bjs
82
Page 2 of 2
Exhibit A
Legal Descrption
THAT PORTION OF LOT 16, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO
PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING
COUNTY, WASHINGTON, LYING BETWEEN THE PUGET SOUND POWER & LIGHT
COMPANY TRANSMISSION LINE RIGHT -OF -WAY AND THE SECONDARY STATE
HIGHWAY NO. 5 AND; THAT PORTION OF TRACTS 12 THROUGH 16 OF
BENNETT'S INTERURBAN TRACTS, ACCORDING TO THE UNRECORDED PLAT
THEREOF, LYING EASTERLY OF THE EASTERLY MARGIN OF EAST MARGINAL
WAY SOUTH, LYING WESTERLY OF THE WESTERLY MARGIN OF SECONDARY
STATE HIGHWAY NO. 5 -M, AND LYING NORTHERLY" OF THE NORTHERLY
MARGIN OF PRIMARY STATE HIGHWAY NO. 1 (NOW S.R. 599), AS ESTABLISHED
BY JUDGMENT AND DECREE OF APPROPRIATION ENTERED FEBRUARY 21,
1966 UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 646697, AND MAP OF
DEFINITE LOCATION ON FILE IN THE OFFICE OF THE DIRECTOR OF HIGHWAYS
AT OLYMPIA, WASHINGTON, BEARING DATE OF APPROVAL SEPTEMBER 4,
1963, REVISED APRIL 6, 1965, AND THE CENTERLINE OF WHICH IS ALSO OF
RECORDED IN VOLUME 3 OF HIGHWAY PLATS, PAGE 75, UNDER KING COUNTY
RECORDING NO. 5717325, ALL LYING WITHIN THE FOLLOWING DESCRIBED
PARCEL: A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
FROM THE NORTHWEST CORNER OF SECTION 10, TOWNSHIP 23 NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN SOUTH ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SECTION 10 AFORESAID 1168.66 FEET TO A STONE
MONUMENT SET BY THE INITIAL PLAT OF THE LAND RELEASED BY ADA H.
BENNETT TO THE DUWAMISH INVESTMENT COMPANY ON AUGUST 7, 1913;
THENCE EAST AT RIGHT ANGLES ALONG THE SOUTH LINE OF SAID RELEASED
LANDS 924.51 FEET TO A STONE MONUMENT AT THE INTERSECTION OF SAID
SOUTH LINE OF RELEASED LANDS WITH THE EAST MARGINAL LINE OF THE
PACIFIC HIGHWAY; THENCE SOUTH 13(05' EAST ALONG SAID EAST MARGINAL
LINE OF THE PACIFIC HIGHWAY 567.14 FEET TO THE POINT OF BEGINNING OF
THIS TRACT; THENCE SOUTH 13 (5' EAST ALONG THE EAST MARGINAL LINE OF
THE PACIFIC HIGHWAY 230 FEET; THENCE NORTH 76(55' EAST
PERPENDICULAR TO SAID HIGHWAY 214.35 FEET, MORE OR LESS, TO THE
EAST BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10; THENCE NORTH 0 °04'10.7" WEST ALONG SAID EAST
BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 10, TO A POINT LOCATED NORTH 76 (55' EAST OF THE POINT OF
BEGINNING; THENCE SOUTH 76(55' WEST 267.51 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING; (BEING KNOWN AS A PORTION OF TRACTS 12 THROUGH
16, INCLUSIVE OF BENNETTS INTERURBAN TRACTS, ACCORDING TO THE
UNRECORDED PLAT THEREOF); SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
83
84
iMAP Parce # 7340600320
COMMENTS. Resolution Accepting "Land Donation March 5:2014 CAR Memo
The rnfixrnation inriuded on this map has been compiled by King County staff from a variety cd sources and is subject to change without notice. King
County makes no representations or warranties, express or Implied, as to accuracy, completeness, timeliness, or rights to the use of such information.
This document is not intended for use as a survey product. King County shall not be liable for any general, special, Indirect Incidental, or consequential
damages Including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. My sale of
this map or information on this map is prohibited except by written permission of King County.
Date. 3/12/2014 Source: King County NAP - Property Informauoir (htl(rllwww. metrokc.gov/GISAMAP)
kg King County
85
86
iMAP Parcel # 7340600320
A Ay
COMMENTS. Resolution Accepting Land Donation
March 5, 2014 CAP Memo
The information included on this map has been compiled by King stall from a variety of sources and is subject to change without notice. King
County makes no representations or warranties, express or Implied. as to accuracy completeness, timeliness, or rights to the use of such Information
This document l; not intended for use as a survey product King County shalt not be liable for any general, special, indirect, incidental, or consequential
damages Including, but not limited to lost revenues or lost profits resulting from the use or misuse of the information contained on this map. My sale of
this map or information on this map is prohibited except by written permission of King County.
Date 3/5/2014 Source: King County OAP - Property Information (httpl /www.metrokc.gov/GISPMAP)
King County
87
88
Community Affairs & Parks Committee Minutes March 11, 2014 — Pape 2
C. Resolution: Accepting Property for Open Space
Staff is seeking Council approval of a resolution that would accept the donation of certain
property along the Green River Trail near South 116h Street and 35th Lane South. The City
was approached by a family wishing to donate this land, which is currently open space and
serves as a buffer between the Green River Trail and Interurban Avenue South. The
acquisition of this land is of benefit to the City as it has potential as a resting area for trail
users and /or a pocket park, uses that are aligned with the adopted Parks, Recreation and
Open Space Plan. UNANIMOUS APPROVAL. FORWARD TO MARCH 24, 2014
COMMITTEE OF THE WHOLE.
D. Amendments to Interlocal Agreement with Tukwila Pool Metropolitan Park District
City Administrator David Cline provided an overview of the current status of the Interlocal
Agreement (ILA) between the City of Tukwila and the Tukwila Pool Metropolitan Park District
(TPMPD). The TPMPD Board has recently proposed that language be drafted to amend the
ILA in the areas of dispute resolution, termination, accountability, cost controls, and policies
and procedures. These proposed amendments were requested to be reviewed at the March
26, 2014 TPMPD Board meeting.
Councilmembers observed that it is standard City process for the City Attorney to review
amendments to ILAs and so this process should include ample time for that review, as well as
subsequent review by this Committee. Therefore, the expected timeline for amending the ILA
will be extended to accommodate all of the appropriate steps. It is expected that the
Community Affairs and Parks review will occur in April. DISCUSSION ONLY.
III. MISCELLANEOUS
Rick Still reported that new plaques for four historical markers in the City have been received from
the foundry and will be installed soon. These markers are located at Upper Foster, Lower Foster,
Lower Brummer's Hill, and Tukwila Pond Park.
Meeting adjourned at 6:21 p.m.
Next meeting: Tuesday, March 25, 2014
Committee Chair Approval
Min tes by LH
89
90
COUNCIL, AGENDA SYNOPSIS
A 1 eetirr Dale
Prepared 42g
(11.23:orIc repiell,
Cooloil review,
03/24/14
D3
e ii
04/07/14 -
DJ
I I P11/2//c 1 lea/y
II/g Dait,
1 I Other
Mug Rile
L\11( ,( do 1)11,11112on
117/ 0
,.1)(1\`',( IR ( 0/Mci/ _ 1/1u)or I IR OCI)
1- whilhe 1 1 FL l'I' PR Poluc 1)11
:1)( /V,I ■R'', Phase II design at Duwamish Hill Preserve to continue along with the process of
M \111 \1{1 preserving and developing this site as an asset and resource for the community. The
Council is being asked to authorize the Mayor to sign the Consultant Agreement.
R. \ ii \\ I 1) 1-il 1 1 CO \\ Mtg. Z CA&P Cimc 1&S; Cmte Transportation Cmte
I Utilitic, Crme I Arts Comm. Z Park,, Comm. Planning Comm.
DATE: 3/11/14 COMMITTEE EL CI IAIR. DUFFIE
RECOMMENDATIONS:
siq Ay )R/AD
( 11\1\11111
\IIN, Parks and Recreation Department
ITEM INFORMATION
ITEM No.
3.D.
91
S 1 \ 1 1 Si)()\,,( )R RICK STILL
i (,1\ \I 1.(,1 \D\ D \II' 3/24/14
\(,1 NI) \ 1 1 1 \I 1 1
Hi Duwamish Hill Preserve Phase II Design - Authorize Consultant Agreement
//, 3/24//4
61401112o
AP; Dale 4/7/14
1:66,o 11,11022
Al/, Data
Oal111111116(
,11/,2, Dab'
I I 1311-1 '121,611(1
/I ll, I)(//e
I I P11/2//c 1 lea/y
II/g Dait,
1 I Other
Mug Rile
L\11( ,( do 1)11,11112on
117/ 0
,.1)(1\`',( IR ( 0/Mci/ _ 1/1u)or I IR OCI)
1- whilhe 1 1 FL l'I' PR Poluc 1)11
:1)( /V,I ■R'', Phase II design at Duwamish Hill Preserve to continue along with the process of
M \111 \1{1 preserving and developing this site as an asset and resource for the community. The
Council is being asked to authorize the Mayor to sign the Consultant Agreement.
R. \ ii \\ I 1) 1-il 1 1 CO \\ Mtg. Z CA&P Cimc 1&S; Cmte Transportation Cmte
I Utilitic, Crme I Arts Comm. Z Park,, Comm. Planning Comm.
DATE: 3/11/14 COMMITTEE EL CI IAIR. DUFFIE
RECOMMENDATIONS:
siq Ay )R/AD
( 11\1\11111
\IIN, Parks and Recreation Department
I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
1 /Nil ND1 II kl RI Ql 11(1 I) AMOUNT BUDGI I I D APPROPRIA TION REQUIRED
$319,000 $390,000 $319,000
Fund Source: CAPITAL IMPROVEMENT PROGRAM, 2014-2019
Co Project #90330109
MTG. DATE
RECORD OF COUNCIL ACTION
3/24/
TG. DATE
ATTACHMENTS
3/24/14
Informational Memorandum dated 3/14/14, amended after CAP meeting
Agreement with Exhibits, to include conceptual drawings requested by CAP
C P Page 34
Minutes from the Community Affairs and Parks Committee meeting of 3/11/14
4/7/14
91
92
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director
BY: Dave Johnson, Recreation Superintendent
DATE: March 14, 2014
(Based on discussion at CAP, language modifications are shown below in
strike -thru underlined format.)
SUBJECT: Duwamish Hill Preserve Phase II Design — Authorize Consultant Agreement
Project # 90330109
ISSUE
Phase II Design at Duwamish Hill Preserve will continue the process of preserving and
developing the site as an asset and resource for the community. Attached maps indicate the 3
Phase approach for this site and the overall concept design. The Council is being asked to
authorize Mayor to sign Consultant Agreement to complete these services.
BACKGROUND
Phase I development at the Duwamish Hill Preserve was complete in 2010. The West parcel
was purchased in 2012 along with the small riverbank donation. Funding in the amount of
$500,000 has been secured through the Washington State Historical Society's Heritage Capital
Projects Grant for the design and partial construction of Phase II.
DISCUSSION
Requests for Proposals (RFP) were distributed to selected firms from the Municipal Research
and Services Center consultant roster. A review committee comprised of representation from
Parks and Recreation, Community Development, Parks Commission, and partners reviewed the
proposals and conducted panel interviews. As a result of this, SvR Design Company was rated
with the highest score and selected as the most qualified consultant.
FINANCIAL IMPACT
The consultant's scope of work at $2861- 000.00 $319,000.00 does not exceed the $390,000.00
budgeted for this project (page 34).
RECOMMENDATION
The Community Affairs and Parks Committee is being asked to authorize the Mayor to sign the
Consultant Agreement and consider this item at the March 24, 2014 Committee of the Whole
meeting and forward to the Consent Agenda at the April 7, 2014 Regular Meeting.
ATTACHMENTS
Consultant Agreement
Concept maps
93
94
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONSULTANT AGREEMENT FOR
PLANNING & DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and SvR Design Company, hereinafter referred to as "the Consultant ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Design and Planning
services in connection with the project titled Duwamish Hill Preserve Phase II.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending May 31, 2015, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than May 31, 2015 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $319,000.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
95
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from claims, injuries, damages, losses or suits
including attorney fees, to the extent caused by or resulting from the acts, errors or omissions
of the Consultant in performance of this Agreement, except for injuries and damages caused
by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
Notwithstanding the duty to indemnify, protect and hold harmless, the Consultant expressly
agrees, after adjudication by a court of competent jurisdiction, to reimburse the Indemnitees
pursuant to this provision for any costs and fees determined by the court to have been
reasonably, necessarily, and actually incurred by the Indemnitees in the defense of those
claims specifically founded upon the Service Providers negligence.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013
96
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self - insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised : 1 -2013
Page 3
97
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1 -2013
98
Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
SvR Design Company
1205 Second Avenue, Suite 200
Seattle, WA 98101
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this
CITY OF TUKWILA
Mayor, Jim Haggerton
day of , 20
CONSULTANT
By:
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised : 1 -2013
Page 5
99
100
Exhibit A
Civil Engineering
Landscape Architecture
Environmental
Restoration
Planning
1205 Second Avenue
Suite 200
Seattle, WA ee101
Phone: 206.2230326
Fax: 206z23.0125
svrsvrdesign.com
SIGN COMPANY
12 March 2014
Dave Johnson
Recreation Superintendent, Tukwila Parks & Recreation
12424 42nd Avenue South
Tukwila, WA 98168
Re: Design Services
Duwamish Hill Preserve Phase 2
Dear Dave:
We are pleased 10 submit this proposal to provide provide design services for Phase 2 of Duwarnish
Hill Preserve. The SvR team includes SvR for landscape architecture and civil engineering;
Shannon & Wilson for environmental and permitting services; and Mette Hanson for
1 nterpretive planning and artwork.
Proposed Project
The City of Tukwila has been working with Forterra and community partners to restore and
improve the Duwamish Hill Preserve. Phase 1 was focused on trails, viewpoints and habitats
on the hill itself. Phase 2 is focused on trails, viewpoints and habitats around the west and
north sides of the hill. The site is culturally significant for its association with Southern Puget
Sound Salish oral tradition and mythology, as a key location in the stories collectively known
as the "Epic of the \Vinds." Thosito is located on South 115'h Street just to the east ofEast
Marginal Way South and immediately to the north of the Duwamish River in Tukwila,
Washington.
Schedule/Phasing
Geotechnical Services:
Concept Design:
Design Development:
50% Construction Documents:
90% Construction Documents:
100% Construction Documents:
Bidding and Construction Observation:
SCOPE OF SERVICES
April-November 2014
April 2014
May 2014
June-July 2014
August-September 20\4
October 2014
Novemher20|4'TBC>
Geotechnical Services
Geotechnical Services tasks include:
• CondLlct field explorations.
• Conduct geotechnical studies.
• Prepare geotechnical letter report.
• Review plans and specs and respond 10 bidder questions.
S30,000
This document bproprietary information prepared by SvR for this project only and shall not be
fOrwardedxopied or used by other parties without written permission.
F: \08\ 08005 Duwamish Riverbend Iiilltscoping phase 2\DFIP phase 2 draft scope and fee proposal_03.12.14.docx
102
DHP Phase 2
12 March 2014
Page 2o[4
Deliverables:
o geoteehnical letter report
Concept Design S25,000
Concept Design tasks include:
• Hold kick-off meeting on site.
• Review existing information including survey and hydrogeological report.
• Meet with City rnaintenance staffand volunteers to deterrnine stewardship capacity.
• 1-lold conceptual design charrette with City and Hill Management Teani.
• Prepare 2 conceptual alternatives.
• Meet with City management team to select preferred alternative.
• Refine preferred conceptual alternative including graphics and costs.
• Present final conceptual design to public at City Council rneeting.
Deliverables:
m
meeting minutes
o
concept level basis of design
o
conceptual alternative sketches
o
preferred conceptual design illustrative plan, sections and cost estirnate
o
powerpoint presentation for use at City Council, City website download, etc.
Design Development
Design Development tasks include:
• Meet with tribal representatives regarding cultural gardens idea and identify suitable
species for ethnobotanical use and interpretation.
• Meet with UW Center for LJrban Horticulture faculty regarding ecological experiments
idea and identify low-tech restoration practices that would be of value Lo demonstrate
and monitor on this site.
• Develop detailed grading and drainage analysis, including earthwork calculations and
evaluation of the suitability ofexcavated material reuse as fill for visual buffer
landforms and upland plantings.
• Prepare detailed restoration palette memo.
• Prepare preliminary drainage memo.
• Develop interpretive strategy memo.
• Meet with city and hill management team to review findings from \rihal, education and
restoration community outreach and select appropriate implementation pathways.
• Prepare Design Development drawings.
• Update cost estimate.
Deliverables:
o meeting minutes
o design development drawings: cover sheet, grading & drainage plan, paving & hardscape
plan, planting plan, section sheet, detail sheet
o restoration palette memo
o preliminary drainage memo
o interpretive strategy merno
o DD cost estimate
This document is proprietary �rma/ionprepared by SYR for this project only and shall aol he
j6nvonded copied m used hy other parties without n,inxnpermission.
pm8m8005 ou°am/,xxi,e,bcnuxi//wc^p.o: phase z1onp phase z draft scope and fee vruno,v|_n3./z./4.uocx
[)HP Phase 2
12 March 2014
Page 3 of 4
50% Construction Documents
50% Cons ruchnn Documents tasks include:
• Prepare 50% construction drawing set.
• Prepare perrnit submittals: SEPA Checklist, Type C Grading Permit, and Substantial
Development Permit for shoreline portion of the project.
• Prepare draft Technical Inforrnation Report (TIR).
• Prepare outline specification (spec table ofcontents by section).
• Update cost estirnate.
• Prepare maintenance recommendations memo.
• Present pr jcc| update to public at City Council meeting.
Deliverables..
o meeting minutes
o 50% construction drawing set: cover sheet, ESC plan sheet, grading & drainage plan,
paving & hardscape plan, planting plan, irrigation zoning plan, interpretive plan, section
sheet, interpretive details sheet, hardscape details ahuct, planting details sheet
o permit submittals
o draft T[0
o maintenance recommendations memo
o outline spec
o 50% CD cost estimate
90% Construction Documents
q0% Construction Documents tasks include:
• Prepare 9O% construction drawing set.
• Respond to permit cornments and resubmit as necessary.
• Prepare final TIR.
• Prepare draft specifications.
• Update cost estimate.
$50 000
Deliverables..
o meeting minutes
o 90% construction drawing set: cover sheet, ESC plan sheet, grading & drainage plan,
paving & hardscape plan, planting plan, irrigation plan, interpretive plan, section sheet,
interpretive details sheet, hardscape details sheet, planting details sheet
o peonitreso6mine|s
o fina|TlR
o draft specifications
o 90% CD cost estimate
100% Construction Documents/Bid Set
100% Construction Docurnents/Bid Set tasks include:
• Prepare 1 00% construction drawing/bid set,
• Prepare final specifications.
• Update cost estimate.
Deliverables..
o meeting minutes
This document is proprietary information prepared byJ,R/or this pro/ect 0111)1 and shall noi' be
Jbrwarded, copied or used hy other par!ies without written permission.
F:108\08005 Dowamish Riverbend Hilbscoping phase 2 \NIP phase 2 draft scope and fee proposal_03.12,14.docx
104
DHP Phase 2
12 March 2014
Page 4 of 4
o l00% construction drawing/bid set: cover sheet, ESC plan sheet, grading &drainage
plan, paving & hardscape plan, planting plan, irrigation plan, interpretive plan, section
sheet, interpretive deta |s sheet, hardscape details sheet, planting deta |e sheet
o final specifications
o lQ0Y6CD cost estimate
Bidding and Construction Observation $35,000
Bidding and Construction Observation tasks include:
• Attend pre-bid conference.
• Atiend pre-construction conference,
• Respond to bidder questions.
• Review submittals and shop drawings.
• Respond to RFIs.
• Attend weekly construction meetings.
• Attend preliminary punch list walk-through and provide a summary of items for
resolution.
• Attend final punch list walk-through and provide a summary of items for resolution.
• Attend warranty walk-through and provide a summary of items needing replacement.
• Prepare record drawings.
Deliverables.:
o meeting agendas
o meeting minutes
o submittal responses
o RFI clarifications
o preliminary punch list
o final punch list
o warranty review
o record drawings
Project Scope Assumptions (see attached)
FEE
For the scope of services described above, the SvR team shall be paid a lump sum of
$%7O,000 billed monthly on a percent complete basis. Drawing and specification submittals
will be electronic plus three hard copies at each milestone. All reimbursable expenses are
included (n the lump sum above.
We also recommend that u Management Reserve Fund (MRF)of$20,000be established in
case structural or electrical engineering is required to implement the preferred concepts.
We look forward to working with 0U 011 this project.
Sincerely,
Nate Cormier, &SLA.pLA,LEIDAP
Principal Landscape Architect
This document is proprietary information prepared by SvR fbr this project only arid shall not he
lbrwarded, copied or used 6y other parties wit6omwritten permission.
p�momxuu5mowmmi,xm,o^enux.o\smniog phase z\uxp phase z draft scope and tee pmr^m/_o3./z./4.uvcx
EXHIBIT B
Geutechnica|3ervices $30,000
Concept Design $25,000
Design Development $40000
50% Construction Documents $70,000
90% Construction Documents $50'000
100% Construction Documents/Bid Set $20'000
Bidding& Construction Observation $35,000
Management Reserve Fund*
Sub-total $290,000
Contingency (10%) $_29,000
TOTAL $319,000
*Management Reserve Fund established in case structural or electrical engineering is required to
implement the preferred concepts. Will only be utilized upon approval of City ofTukwila for this work.
106
uJ
LL
L s.
CI
CC
0
Q)
LU
107
108
1
1
1
109
110
PROJECT:
"ES°"''=~
park ax38OOG 115 St. (Previously known as Duwamish Riverbend Hill, Poverty Hill and Grandmother's Hill.)
JUSTIFICATION: Meets the Parks and Open Space Plan providing cultural and historical value along the City's shoreline.
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
Duwamish Hill Preserve Project No. 90330109
Land development for this 8.6 acre parcel will preserve open space and allow future restoration for this passive
Phase 1 development was completed in 2010. West parcel was purchased in 2012 along with the small
STATUS: riverbank donation. Phase U design work began in 2013 and will continue into 2014. Stage | of Phase U
construction is scheduled for 2014 and will focus on site preparation, land altering, and hardscape landscaping.
MAINT. IMPACT: Approximately 200 staff hours per year.
Phase II is on Park Impact Fee list for $2.5 million with an 80%/20% split. Sound Transit mitigation of
COMMENT: $313k for use of site. Grants: Recreation Conservation Office (RCO), State Heritage Fund, 4Culture, King
Conservation District, Conservation Futures, and Forterra with REET funds as a match.
FINANCIAL Through Estimated
in $000's
2012 2013 2014
2015 2016 2017 2018 2019 BEYOND TOTAL
EXPENSES
Design
265
15
390
20
20
20
20
20
940
1.710
Lond(R8w)
2.036
450
2.486
Const. Mgmt.
1
15
927
943
Construction
253
15
495
50
50
50
50
50
5.700
6.713
TOTAL EXPENSES
2,555
30
900
70
70
70
70
70
8.017
11.852
FUND SOURCES
Awarded Grant
1,455
20
30
1.505
Proposed Grant - State
500
2.065
2.565
KC Parks Levy
429
29
458
Mitigation
313
313
Park Impact Fees
217
25
242
Park Impact Fees Expe ted
25
35
40
45
45
45
1,523
1.758
City Oper. Revenue
141
(44)
345
35
30
25
25
25
4,429
5.011
TOTAL SOURCES
2.555
30
900
70
70
70
70
70
8.017
11.852
2014 2019 Capital Improvement Program
34
112
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
March 11, 2014 — 5:30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers: Joe Duffie, Chair; Dennis Robertson, De'Sean Quinn (Absent: Verna Seal)
Staff: David Cline, Rick Still, Bob Giberson, Ryan Larson, Laurel Humphrey
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:15 p.m.
I. PRESENTATIONS
2013 Parks and Recreation Annual Report
Parks and Recreation staff presented the 2013 Parks and Recreation Annual Report. The report
highlights specific accomplishments and provides an overview of programming, staffing, facilities
and activities. Bound copies were distributed at the table and provided for all Councilmembers
not present as well.
11. BUSINESS AGENDA
A. Contract Amendment: Duwamish Gardens Protect
Staff is seeking Council approval to approve Amendment No. 3 in the amount of $40,610.96 to
Contract No. 12 -007 with J.A. Brennan Associates for an expanded scope of work. A cultural
resources investigation, required by the Army Corps of Engineers, found that the project
would have an adverse effect on historic and prehistoric artifacts on site. As a result, the
project must now include consultation with local tribes, State and County historic preservation
offices and granting agencies to develop an archaeological mitigation plan. In addition to this
cultural work, the consultant's expanded scope of services will include contract administration,
grant application assistance, project meetings, permit coordination, contract specifications,
and focal point design. Following the approval of this amendment, the new total for the
agreement will be $448,018.76. The total budget for the design phase is $460,000.00. The
Committee requested that the informational memo reflect that grant funding for 2014 is
secure, as it is labeled proposed in the adopted CIP. UNANIMOUS APPROVAL. FORWARD
TO MARCH 17, 2014 REGULAR CONSENT AGENDA.
B. Design Contract: Duwamish Hill Preserve Phase II
Staff is seeking Council approval to enter into a contract with SvR Design Company in the
amount of $319,000.00 to provide design and planning services for the Duwamish Hill
Preserve Phase II. The total proposed contract amount is increased from the $286,000 noted
in the informational memo due to the inclusion of a necessary geotechnical survey. Firms from
the Municipal Research and Services Center consultant roster were reviewed and a
committee identified SvR Design Company as the most qualified for this project. Phase II will
focus on trails, viewpoints and habitats around the west and north sides of the hill, and the
consultant scope of work does not exceed the budgeted total of $390,000. The Committee
requested that the informational packet be updated to include a conceptual design drawing in
addition to the the new contract amount. UNANIMOUS APPROVAL. FORWARD TO MARCH
24, 2014 COMMITTEE OF THE WHOLE.
113
114
COUNCIL AGENDA SYNOPSIS
MeeliugDale
Prepared by
Mayor's review
Council review
03/24/14
KG
ITEM INFORMATION
ITEM No.
3.E. &
Spec 3
115
S'TAIT SPONSOR: STEPHANIE BROWN
ORIGINAL AGENDA DATE:
AGENDA MI% - FELE
Authorize
Local
the Mayor
#2088 for
to sign the Collective Bargaining Agreement (CBA) with IAFF
contract years 2014-2016.
3/24/14
E. Resolution
AkgDale
E Ordinance
Mtg Date
OBI d Award
Mtg Date
E Pub& JIearing
Mt Date
0 Other
MtsDate
CATEGORY Discussion
Motion
MtgDate
Mtg Date 3/24/14
SPONSOR r council n major r„ HR DCD E Finance LI Fire IT ElP&R bee 11 P IV
SPONSOR'S City staff, the labor relations consultant, and the International Association of Firefighters
SUMMARY (IAFF) Local #2088 bargaining team opened labor negotiations on September 9, 2013, in
an effort to reach an agreement on a successor labor contract for firefighters. A tentative
agreement has been reached and information is being presented for City Council approval
and to authorize the Mayor to sign the Collective Bargaining Agreement (CBA).
REVIEWED BY n COW Mtg, E] CA&P Cmte r F&S Cmte
El Utilities Cmte r Arts Comm. E Parks Comm.
DATE: N/A COMMITTEE CI-LAIR:
U Transportation
Cmte
r Planning Comm.
RECOMMENDATIONS:
SPoNsoR/ADmIN.
COMMITTEE
Human Resources Department
COST IMPACT / FUND SOURCE
ExpENDITuRE RIQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
3/24/14
Informational Memorandum dated 3/19/14
(Copy of 2014-2016 Labor Agreement provided under separate cover.)
115
116
580IP
OgeStk
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
T(): Mayor Haggerton
City Council
FROM: Stephaiiie Brown, Hurnan Resources Director
DATE: March 19, 2014
SUBJECT: Tukwila Fire Union IAFF Local No. 2088 Successor Collective
Bargaining Agreement (2014-2016).
BACKGROUND
The Ci negotiations team and the Executive Board ofthe Tukwila Firefighters Union IAFF
Local No. 2088, opened labor negotiations on S 9, 2013, in an effort to reach an
agreement on a successor labor contract. A tentative agreement was reached between the parties
on February 14, 2014, which resulted in a three year contract (2014-2016).
In alignment with Council initiatives and budget considerations in future years, the Ci and
Union negotiated the successor agreernent based upon mutual interest. Some of the changes
negotiated were in the areas of: updating ofthe non-discrimination clause to reflect current state
and Federal law, clothi allowance administration; incorporation ofthe drug and alcohol testing
processes and procedui-es; vacation cash out and additional language regarding light duty
assignments.
The contract provides for u wage increase nf225% for 2014; 2.0Y6 for 2015; and 2.0% for 2016.
Overall, the ne ictioopzoce»s*asugoodcoUabnrutivoo[fonthyho1bpodics,niichrcsuJtedio
a successor agreement.
RECOMMENDATION
The City Council is being asked to authorize the Mayor to si the successor collective
bargaining agreement, (2014-2016) between the City and Tukwila Firefighters IAFF Local No.
2088.
Thank you.
118
Upcoming Meetings & Events
March /April 2014
24th (Monday)
25th (Tuesday)
26th (Wednesday)
27th (Thursday)
28th (Friday)
29th (Saturday)
➢ Transportation
Crate,
5:15 PM
(Foster
Conference
Room)
➢ City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
C.O.W. to be
immediately
followed by a
Special Meeting.
➢ Community
Affairs & Parks
Crate,
5:30 PM
(Hazelnut
Conference
Room)
➢ Tukwila
Metropolitan
Park District
Board of
Commissioners,
5:30 PM
(Council
Chambers)
➢ Planning
Commission
Public Hearing
Board of
Architectural
Review
6:30 PM
(Council
Chambers)
Tukwila Int'l.
Action Cmte's
Trash Pickup
9:00 — 10:00
0'41-`
For location
information contact
Sharon Mann
206- 200 -3616
Blvd.
Day
AM
or
Free Helmet Fitting
and Giveaway
10:00 AM — 1:00 PM
(Community Center)
For more information
go to
www. makesure
thehelnwtflts.or
"Strike Out Hunger"
event at ACME Bowl
to benefit Tukwila
Food Pantry.
10 AM to 12 NOON
(100 Andover Park W..)
5,e,
_ ,i,
For information go to
i:22.1,ruk;rr illl;;ay;ta,ILc;,, or
31st (Monday)
1st (Tuesday)
2nd (Wednesday)
3rd (Thursday)
4th (Friday)
5th (Saturday)
➢ Arts
Commission,
5:30 PM
(Community
Center)
➢ Library
Advisory
Board,
7:00 PM
(Community
Center)
➢ Equity &
Diversity
Commission,
5:15 PM
(Hazelnut
Conference
Room)
> 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: Quarterly, 12:00 Noon, Chamber Offices.
> 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, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187.
> Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room (A) Update on concerns regarding the
residential development in the area of South 149th Street/Tukwila 6 LLC short plat. (B) Sign Code options requested by Community
Affairs and Parks Committee on February 11, 2014.
➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris
Partman (206- 431 - 2197).
> Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206 - 433 -1850.
> Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room
> Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342.
> Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308.
> Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room (A) Strander Boulevard/SW 27th Sweet Extension
Project, Right-of-Way Dedication. (B) Strander Blvd/53'd Ave S/ Cascade View Grant Applications.
> Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Joan
Hernandez at 206 -248 -0260.
>Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815.
> Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room
Hazelnut Conference Room = Located in City Hall
Foster, Duwamish and Rainier Conference Rooms = Located in 6300 Building
119
Tentative Agenda Schedule
MONTH
MEETING 1-
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
March
3
10
17
24
See agenda packet
cover sheet for this week's
agenda
(March 24 2014
Committee of the Whole
Meeting).
April
7
Special Presentations:
14
Public Hearing:
21
Special Presentation:
28
Special Issues:
Introduction of two new
Police Department Records
Specialists: Jonathan Long
and Chandra Reiter.
Proclamations:
Southcenter Plan Review.
Special Issues:
State of the Municipal Court.
Unfinished Business:
Recommended recipients for
the Tukwila City of
Opportunity Scholarship.
Southcenter Plan Review.
Southcenter Plan Review.
-Arbor Day
-Earth Day
Appointments:
- Confirm the
reappointment of Louise
Strander to Position #1 on
the Planning Commission,
with a term expiring
3/31/18.
- Confirm the
reappointment of Miguel
Maestas to Position #5 on
the Planning Commission,
with a term expiring
3/31/18.
Consent Agenda:
- Accept as compete the 2013
Small Drainage Program.
-A resolution authorizing
reimbursement from bond
proceeds for the Interurban
Ave. S. Project.
Unfinished Business:
- Authorize the Mayor to
sign an Interlocal
Agreement with the Cities
of SeaTac and Des Moines
relating to the creation of
the Tourism Promotion
Area.
-An ordinance adopting the
2012 Edition of the
International Fire Code.
-An ordinance updating
regulations regarding
automatic fire alarm
systems.
-An ordinance reenacting
TMC 16.42 "Sprinkler
Systems ", to update
regulations regarding fire
protection systems in new
and existing buildings
within the City.
-A resolution accepting a
property donation along the
Green River Trail near S.
116th Street and 35th Lane
South.
- Authorize the Mayor to
sign a consultant agreement
with SvR Design Company
for the Duwamish Hill
Preserve Phase II Project in
the amount of $319,000.00.
-A resolution authorizing
reimbursement from bond
proceeds for the Interurban
Avenue South Project.
120