HomeMy WebLinkAboutReg 2011-05-02 COMPLETE AGENDA PACKET Tukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: -.*-Joe Duffie -.*-Joan Hernandez
Steve Lancaster, City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
EXECUTIVE SESSION 6:00 PM 7:00 PM
Pending Litigation Pursuant to RCW 42.30.110(1)(i)
(60 minutes)
Monday, May 2, 2011; 7:00 PM Ord #2332 Res #1739
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Fire Department Civilian Award. Nick Olivas, Fire Chief
PRESENTATION
3. CITIZEN At this time, you are invited to comment on items notincludedon this agenda
COMMENT (please limit your comments to five minutes per citizen). To comment
on an item listedon this agenda, please save your comments until the issue is
presented for discussion.
4. CONSENT a. Approval of Minutes: 4/18/11 (RegularMtg.)
AGENDA b. Approval of Vouchers.
5. PUBLIC HEARING An ordinance amending various City ordinances to amend the definition of Pg.1
Diversion Facilities, expanding the zones where diversion facilities can locate,
providing for severability, and declaring an emergency.
6. UNFINISHED a. An ordinance amending various ordinances as codified in Tukwila Municipal Pg.1
BUSINESS Code Title 18 to modify the definition of Diversion Facilities and to expand
the locations permitted for diversion facilities and diversion interim services
facilities. (Please bring 4/25/11 packet for reference documents)
b. A resolution authorizing the transfer of funds for the purpose of making a Pg.9
loan or loans from the General Fund and /or other funds to the Arterial
Street Fund for up to a 15 -month period.
c. A resolution expressing official intent to reimburse the City from the Pg.9
proceeds of bonds for certain original expenditures paid in connection with
certain arterial street fund projects.
d. An ordinance to add "temporary business license" to the definitions and fee Pg.15
schedule, to revise appeal procedures, to redefine businesses exempt from
fees, and to clarify the Revenue Generating Regulatory License fee.
7. NEW BUSINESS
8. REPORTS a. Mayor c. Staff
b. City Council d. City Attorney e. Intergovernmental
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or tukclerk @ci.tukwila.wa.us). This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
lnitials ITEMNO.
r Meeting Date Prepared by Mayor's review I Coulzeil review
I 04/25/11 I BM
I 05/02/11 I BM C*—
I I I I I �-O
ITEM INFORMATION
I CAS NUMB FI 11-047 1 STAFF SPONSOR: BRANDON MILES IORIGINALAGENDA D ATE: 4/25/11
r1c;i:ND Irr.NITrrLi Amending various City Ordinances, specifically Ordinance No. 2287, to expand the
possible areas in which Div ers ion Fac ilities an Diversion Interim S e rv ice Facilities
can locate.
Cxr1'X;OI2Y Discussion Motion Resolution Ordinance BidArvard Q PublicHearin,g ❑Other
141tg Date 04125/11 Mtg Date Mtg Date Mig Date 512111 tAltg Date Mtg Date 5/2/ 11 Mt Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PV
SPONSOR'S On May 17, 2010, the City Council adopted Ordinance No. 2287, which provided a definition of
SUMMARY crisis diversion (CDF) and crisis diversion interim service facilities (CDIS). The ordinance was
necessary because the City's Zoning Code as it existed at the time, did not address the siting of
such facilities within the City and thus did not provide predictability to a possible applicant. In
January of 2011, the Board invalidated Ordinance No. 2287. The Growth Management Hearings
Board remanded the Ordinance back to the City for corrective action.
Ri :V1I"W1sD BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE NONE, EMERGENCY
COST IMPACT FUND SOURCE
EYPI:NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Coinments: N/A
MTG. DATE I RECORD OF COUNCIL ACTION
4/25/11 I Committee of the Whole discussion and forwarded to next Regular Meeti nq
I
MTG. DATE I ATTACHMENTS
04/25/11 I Ordinance in draft form; 2/4/11 email from A. Shoenfeld, King County to Brandon Miles
King County Dept. of Assessment Data for: 4202 6 Ave S. and 1600 S. Lane St.
King County Dept. of Assessment Data for: 1407 Dearborn, 66 S. Hanford
Pierce Co. Assessor info for 409 Puyallup Ave
Application materials from City of Tacoma re: proposed Recovery Innovation facility
Crisis Solutions Center F.A.Q.
City of Tukwila Comprehensive Plan Page 178 (December 2008)
Map identifying area where CDF CDIS Facilities are permitted as an Unclassified Use
Excel data from GIS; data from NW Property.net; excerpts from www.jpae.org
05/02/11 Ordinance in f "n l form (Please bri nq 4(W�1 Ci c e t to eterence bacKUp documents
with amended W�iE�tEAS clauses as approve y y y 1
2
5
I
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of i uKwi
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED
IN TUKWILA' MUNICIPAL CODE TITLE 18, "ZONING CODE," TO
MODIFY THE DEFINITION OF DIVERSION FACILITIES; TO EXPAND
THE LOCATIONS PERMITTED FOR DIVERSION FACILITIES AND
DIVERSION INTERIM SERVICES FACILITIES; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, on May 17, 2010, the Tukwila City Council, following public input and
following a recommendation from the City's Planning Commission, adopted Ordinance
No. 2287, which provided definitions of Diversion Facilities and Diversion Interim
Services Facilities and permitted such uses in the C /LI zone; and
WHEREAS, Ordinance No. 2287 became effective on May 25, 2010; and
WHEREAS, on January 4, 2011, the Central Puget Sound Growth Management
Hearings Board invalidated Ordinance No. 2287, based upon its belief that the
ordinance did not comply with the Washington State Growth Management Act; and
WHEREAS, due to the decision of the Central Puget Sound Growth Management
Hearings Board, the Tukwila City Council declares that an emergency exists pursuant to
Tukwila Municipal Code Section 18.80.020 (4), and thus this ordinance does not have to
comply with the docket provisions of Tukwila Municipal Code Section 18.80.020; and
WHEREAS, the Tukwila City Council supports proposed Diversion Facilities and
Diversion Interim Services Facilities and desires to create a predictable siting process
so these services can be located appropriately in a zone that is supportive of the use,
and to the extent possible, does not cause harm to the surrounding properties; and
WHEREAS, King County has awarded a contract to locate a crisis diversion facility
at 1600 S. Lane Street in the City of Seattle, and the City of Seattle does not specifically
define Diversion Facilities in their development regulations; and the proposed location in
the City of Seattle has encountered public opposition from the surrounding property
owners and residents who objected to a process that permitted the use to be located
without any public input; and
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WHEREAS, the proponents of a proposed diversion facility in the City of Tacoma
withdrew their application following significant public outcry about the proposed facility
location and, like the City of Seattle, the City of Tacoma did not specifically define
Diversion Facilities in the City's Zoning Code, and
WHEREAS, by not identifying acceptable areas of the City and providing a
predictable process, taxpayer dollars could be wasted and the establishment of these
important services could be delayed; and
WHEREAS, the City of Tukwila wishes to avoid the situations that have occurred in
the cities of Tacoma and Seattle by providing broad, but specific, areas of the City
where Diversion Facilities and Diversion Interim Services Facilities can safely and
effectively locate, in turn, reducing the mitigation requirements for their proponents; and
WHEREAS, as with the adoption of Ordinance No. 2287, the City attempted to
engage our regional partners in order to develop land use regulations that meet their
needs; and
WHEREAS, crisis diversion facilities require the regular interaction of the host city's
law enforcement in their operations in order to be successful; and
WHEREAS, because Tukwila is one of the smallest jurisdictions in King County, the
City Council contends that the placement of diversion facilities must be within areas of
the City that have efficient and effective law enforcement response, without dangerously
diverting resources from other areas that need a police presence; and
WHEREAS, as part of the public process for the adoption of Ordinance No. 2287,
the City Council received testimony that locating Diversion Facilities and Diversion
Interim Services Facilities near a mall could interfere in the clinical success of both
facilities; and
WHEREAS, Diversion Facilities serve a regional area and need to be located in
areas that have excellent regional access; and
WHEREAS, the City expended considerable time and resources analyzing the
nature and effect of such facilities visa -vis the safety of its own citizens and that of the
prospective consumers of a sited Diversion Facility and Diversion Interim Service
Facilities, and
WHEREAS, on April 25, 2011, the City Council reviewed a Staff Report dated
April 20, 2011; and
WHEREAS, on May 2, 2011, the Tukwila City Council, following public notice, held
a public hearing to receive testimony concerning the proposed ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Defiiniifion Amended. Ordinance No. 2287 §1, as codified in Tukwila
Municipal Code (TMC) Chapter 18.06, is amended to read as follows:
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"Diversion facility" is a facility that provides community crisis services, which diverts
people from jails, hospitals or other treatment options due to mental illness or chemical
dependency, including those facilities that are considered "Triage facilities" under RCW
71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of
Washington.
Section 2. Ordinances Amended. Ordinance Nos. 2287 §19, 2097 §16, 2084 §2
(part), and 1758 §1, as codified at TMC Section 18.28.050, are amended to read as
follows:
18.28.050 Unclassified Uses. The following uses may be allowed within the
Tukwila Urban Center District, subject to the requirements, procedures and conditions
established by TMC Chapter 18.66, Unclassified Use Permits:
1. Airports, landing fields and heliports (except emergency sites).
2. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
3. Hydroelectric and private utility power generating plants.
4. Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental actions.
5. Mass transit facilities.
6. Diversion facilities and diversion interim services facilities provided they are
located greater than one third of a mile from a mail as defined in TMC Chapter 18.06.
Section 3. Ordinances Amended. Ordinance Nos. 2287 §22, 1991 §5, 1976 §53,
and 1758 §1, as codified at TMC Section 18.30.050, are amended to read as follows
18.30.050 Unclassified Uses. The following uses may be allowed within the
Commercial /Light Industrial District, subject to the requirements, procedures and
conditions established in TMC Chapter 18.66, Unclassified Use Permits.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental actions.
6. Removal and processing of sand, gravel, rock, peat, black soil and other
natural deposits, together with associated structures.
7. Mass transit facilities.
8. Diversion facilities and diversion interim services facilities provided they are
located south of Interstate 405.
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Section 4. Ordinances Amended. Ordinance Nos. 1991 §T, 1865 §41, and 1758
§1, as codified at TMC Section 18.34.050, are amended to read as follows:
18.34.050 Unclassified Uses. The following uses may be allowed within the
Heavy Industrial District, subject to the requirements, procedures and conditions
established by TMC Chapter 18.66, Unclassified Use Permits.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Correctional institutions.
4. Electrical substation transmission /switching.
5. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental actions.
8. Manufacturing, refining or storing highly volatile noxious or explosive products
(less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer
or insecticides, except for accessory storage of such materials.
9. Railroad freight or classification yards.
10. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
11. Transfer stations (refuse and garbage) when operated by a public agency.
12. Mass transit facilities.
13. Diversion facilities and diversion interim services facilities provided they are
located south of Interstate 405.
Section 5. Ordinances Amended. Ordinance Nos. 2235 §9, 1991 §10, 1976 §61,
1865 §47, and 1758 §1, as codified at TMC Section 18.40.050, are amended to read as
follows
18.40.050 Unclassified Uses. The following uses may be allowed within the
Tukwila Valley South District, subject to the requirements, procedures and conditions
established by TMC Chapter 18.66, Unclassified Use Permits.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Electrical substation transmission /switching.
4. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
5. Hydroelectric and private utility power generating plants.
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6. Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental actions.
7. Manufacturing, refining or storing highly volatile noxious or explosive products
(less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer
or insecticides, except for accessory storage of such materials.
8. Railroad freight or classification yards.
9. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
10. Transfer stations (refuse and garbage) when operated by a public agency.
11. Mass transit facilities.
12. Diversion facilities and diversion interim services facilities.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Declaration of Emergency Effective Date. On January 4, 2011 the
Central Puget Sound Growth Management Hearings Board invalidated City of Tukwila
Ordinance No. 2287 and provided a compliance date of June 10, 2011 for the City of
Tukwila to comply with the Order. Due to the invalidation by the Central Puget Sound
Growth Management Hearings Board and to promote the objectives stated herein, the
City Council finds that a public emergency exists, necessitating that this ordinance take
effect immediately upon its passage by a majority plus one of the whole membership of
the Council in order to protect the public health, safety, property and general welfare.
This ordinance shall take effect and be in full force immediately upon passage by the
City Council. A summary of this ordinance may be published in lieu of publishing the
Ordinance in its entirety.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST/AUTHENTICATED-
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council
Published
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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Co uNcm AGENDA S YNopsiS
Initials I7'EMNO.
Meeting Date Prepared by Mayerettiew Council review
0 04/25/11 SH
0 05/02/11 1 SH I I IPAJ I
JTEM INFORMATION,
CAS NUMBER: 11-045 STAFF SPONSOR: SHAWN HUNSTOCK I ORIGINAL AGENDA DATE: 41 25/11
AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat) Project
Resolution Authorizing Interfund Loan(s) up to $12 million
Resolution Declaring Reimbursement from Bond Proceeds
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other
Mtg Date 04128111 Mtg Date Mtg Date 05102111 Mtg Date Mtg Date Mtg Date Mtg Date
(SPONSOR ❑Council ❑Mayor Adm Svcs DCD ®Finance []Fire E] Le P&'R Police PW
SPONSOR'S These two resolutions will facilitate the Local Improvement District (LID) funding for the
SUMMARY TUC Access (Klickitat) Project. The first resolution will allow City interfund loan(s) up to
$12 million to provide construction financing before the bond sale. The second resolution
is a declaration of intent to reimburse the City for the interim financing from proceeds of
the sale of the long -term LID bonds. Council is being asked to approve the two resolutions.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 4/18/11 CONMTTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
„COST IMPACT /FUND SOURCE::`
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: TO THE 104 ARTERIAL STREET FUND
Comments: Budget changes for interfund loan will be included in the mid biennium budget amendment
MTG DATE I, RECORD OF3COUNCIL':ACT ON;
4/25/11 Forward to next Rea_ular Meeting_
5/02/11
MTG. DATE" ATTAC.HM'ENTS
4/25/11 Informational Memorandum dated 4/14/11
Draft Resolutions
Minutes from the Transportation Committee meeting of 04/18/11
5/02/11 �2 Resolutions in final form
9
10
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Aka
C"I 01 r- ruk i wi D l a a
Washington
Resolution No
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR
THE PURPOSE OF MAKING A LOAN OR LOANS FROM THE
GENERAL FUND AND /OR OTHER FUNDS TO THE ARTERIAL
STREET FUND FOR UP TO A 15 -MONTH PERIOD OF TIME.
WHEREAS, there may be insufficient funds available from time to time during the
period April 2011 to June 2012 in the Arterial Street Fund to cover authorized expenditures
while the City waits for reimbursement of federal, state and local grant monies that have
been approved for allocation to the City for which contracts have been executed; and
WHEREAS, the General Fund and /or other funds have sufficient funds from which to
transfer funds in an amount not to exceed twelve million dollars ($12,000,000) for the
purpose of making loans to cover authorized expenditures from the Arterial Street Fund;
and
WHEREAS, in the event a loan is made from the General Fund and /or other funds to
the Arterial Street Fund as provided above, the loans shall be at the current market rate of
interest for comparable investments of similar maturity; and
WHEREAS, the City Council intends to replace any funds loaned to the Arterial Street
Fund with long term Local Improvement District bonds upon completion of the Tukwila
Urban Center Access Project (Project No. 98410419), also known as the Klickitat project,
upon completion of construction and completion of the final assessment roll;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. Authorization is hereby given during the time period April 2011
to June 2012 for the transfer of funds to the Arterial Street Fund, when there are
insufficient funds available therein to cover authorized expenditures for which contracts
have been executed, in an amount not to exceed twelve million dollars ($12,000,000) from
the General Fund and /or other funds for the purpose of making a loan at the current
market rate of interest.
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Section 2. Implementation. The Finance Director is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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c -X I
Ci a t y o t Tu K" wl"l a
®e
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, EXPRESSING OFFICIAL INTENT, PURSUANT TO
TREASURY REGULATION SECTION 1.150 -2, TO REIMBURSE THE
CITY FROM THE PROCEEDS OF BONDS FOR CERTAIN ORIGINAL
EXPENDITURES PAID IN CONNECTION WITH CERTAIN ARTERIAL
STREET FUND PROJECTS; AND DESIGNATING AN AUTHORIZED
REPRESENTATIVE TO MAKE DECLARATIONS OF OFFICIAL INTENT
ON BEHALF OF THE CITY.
WHEREAS, the City of Tukwila, Washington (the "City intends to make
expenditures for the Project (identified below) from funds that are available but that are
not, and are not reasonably expected to be, reserved, allocated on a long -term basis, or
otherwise set aside for those expenditures, and reasonably expects to be reimbursed
for those expenditures from proceeds of bonds or other obligations issued to finance
those expenditures; and
WHEREAS, it is the intent of the City to pay certain capital expenditures incident to
the acquisition and construction of the Project to be financed by the proceeds of the bonds
from other funds of the City pending the sale and delivery of the bonds and the receipt of
the proceeds thereof, and the City reasonably expects to reimburse the funds of the City
from the proceeds of such bonds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Description of Project for Which Expenditures are to be Made. The
City intends to make, and /or not more than 60 days before the date of this declaration has
made, expenditures and reasonably expects to reimburse itself for those expenditures
from the proceeds of bonds for the Tukwila Urban Center Access Project, Project No.
98410419 (the "Project also known as the Klickitat project.
Section 2. Maximum Principal Amount of Obligations Expected to be Issued for
the Project. The City expects that the maximum principal amount of bonds that will be
issued to finance the Project will be twelve million dollars ($12,000,000).
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Section 3. Declaration Reasonable. The City Council has reviewed its existing and
reasonably foreseeable budgetary and financial circumstances and has determined the
City reasonably expects to reimburse itself for expenditures for the Project from proceeds
of bonds because the City has no funds available that already are, or are reasonably
expected to be, reserved, allocated on a long -term basis, or otherwise set aside by the
City for those expenditures on the Project.
Section 4. Limitations on Uses of Reimbursement Amounts. For one year after
the allocation of proceeds, the City will not use amounts corresponding to proceeds
received from bonds issued in the future to reimburse the City for previously paid
expenditures for the Project in any manner that results in those amounts being treated as
replacement proceeds of any tax exempt bonds, i.e., as a result of being deposited in a
reserve fund, pledged fund, sinking fund or similar fund other than a bona fide debt service
fund that is expected to be used to pay principal of or interest on tax exempt bonds. The
City will not use said amounts in any manner that employs an abusive arbitrage device to
avoid arbitrage restrictions.
Section 5. Designation of Authorized Representative. The Finance Director is
hereby designated as the authorized representative of the City to declare in writing, in
such form as may be approved by the City Council, the official intent of the City to
reimburse original expenditures for the Project from proceeds of debt to be issued for
purposes of and in accordance with Treasury Regulation Section 1.150 -2.
Section 6. Implementation. The Finance Director is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTH ENT! CATED:
Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by AJ*70� review Council review
04/25/11 I SH I I l
05/02/11 I SH I I 1,1 X
ITE�VI
CAS NUMBER: 11-046 STAFF SPONSOR: SHAWN HUNSTOCK I ORIGINAL AGENDA DATE: 04/25/11
AGENDA ITEM TITLE Changes to Business License and Revenue Generating Regulatory License Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 04125111 Mtg Date Mtg Date Mtg Date 05102111 Mtg Date Mtg Date Mtg Date
SPONSOR Council []Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PW
SPONSOR'S The attached ordinance will provide for a new type of business license, a temporary one
SUMMARY issued for less than fifteen days, at a lower rate than the annual license. The ordinance
also extends the exemptions for the RGRL fee to the business license fee. The appeal
process is also clarified for denial of a business license. The Council is being asked to
consider and approve the ordinance.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 03/22/11, 04/19/11 COMMITTEE CHAIR: KATHY HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST UP ACT> `FUND SOURCE'
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
00G I DATE RECORD, OFCOUNCIL ACTION.
04/25/11 IForward to next Reaular Meeting
05/02/11
MTG- DATE ,a ,ATTACHMENTS
04/25/11 1 Informational Memorandum dated 03/18/11
Informational Memorandum dated 04/13/11
Ordinance in Draft Form
Minutes from the 03/22/11 and 04/19/11 Finance Safety Committee meetings
05/02/11 Ordinance in final form
f
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16
1. 11 AV
City olf Tu1cwi'la
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2315, §1 (PART), AS
CODIFIED AT VARIOUS LOCATIONS IN TUKWILA MUNICIPAL CODE
CHAPTER 5.04, TO ADD "TEMPORARY BUSINESS LICENSE" TO
THE DEFINITIONS AND FEE SCHEDULE, TO REVISE APPEAL
PROCEDURES AND TO REDEFINE BUSINESSES EXEMPT FROM
FEES; AMENDING ORDINANCE NO. 2297, §1 (PART), AS CODIFIED
AT TUKWILA MUNICIPAL CODE SECTION 5.62.020, TO CLARIFY THE
CITY'S REVENUE GENERATING REGULATORY LICENSE FEE FOR A
PERSON OPERATING MULTIPLE BUSINESSES AS SOLE
PROPRIETORSHIPS AND FOR BUSINESSES ELIGIBLE FOR A
TEMPORARY BUSINESS LICENSE; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the current business license ordinance defines nonprofit organizations
but does not exempt them from paying the business license fee; and
WHEREAS, the City Council desires to exempt qualified nonprofit organizations
from both the business license fee and the Revenue Generating Regulatory License
fee; and
WHEREAS, a temporary business license will provide an alternative license for
businesses operating within the City on a very short -term basis; and
WHEREAS, changes to the appeal procedures are needed for clarification and
efficiency, and revisions are required to clarify application procedures and late fee
penalties; and
WHEREAS, the City Council desires to apply the Revenue Generating Regulatory
License fee only once for a person operating multiple businesses as sole
proprietorships within the City, and to revise fee calculation requirements and the
penalty period;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. TMC Section 5.04.010, "Definitions," Amended. Ordinance No.
2315, §1 (part), as codified at TMC Section 5.04.010, is hereby amended to read as
follows:
For the purpose of this chapter, the following definitions shall apply:
1. "Business," means any operation performed by any person which involves
the manufacturing or processing of materials of any type, the sale of goods, wares or
merchandise, the rendition of services or the repair of goods, wares or merchandise to
the general public or a portion thereof for any consideration at each established place of
business, store, office, shop or yard within the City limits.
2. "Department," means Finance Department.
3. "Director," means the Finance Director or his or her designee.
4. "License or licensee," as used generally in this chapter, means and
includes respectively the words "permit" or "permittee" or the holder for any use or
period of time of any similar privilege, wherever relevant to any provision of this chapter
or other law or ordinance.
5. "Nonprofit organization" includes individual person(s), partnerships, joint
ventures, societies, associations, churches, clubs, trustees, trusts or corporations, or
any officers, agents, employees, factors or any kind of personal representatives of any
thereof, in any capacity, acting either for himself or any other person under either
personal appointment or pursuant to law who qualifies under definition of and
certification by the Internal Revenue Service as nonprofit.
6. "Person," means any individual, receiver, agent, trustee in bankruptcy,
trust, estate, firm, co- partnership, joint venture, company, joint stock company, business
trust, corporation, society, or group of individuals acting as a unit, whether mutual,
cooperative, fraternal, nonprofit or otherwise.
7. "Person engaged in business" means the owner or one primarily
beneficially interested in lawful business for profit and not employees.
8. "Home occupation" means any business conducted in a residence within
the corporate city limits of Tukwila, such business being subject to the requirements set
forth in TMC 18.06.430.
9. "Temporary business license" means any business conducted within the
corporate limits of the City for less than 15 consecutive days in a calendar year.
Businesses with a physical location outside the corporate limits of the City that provide
professional services on a contractual basis within Tukwila are not eligible for a
temporary business license.
Section 2. TMC Section 5.04.015, "Business License Required," Amended.
Ordinance No. 2315, §1 (part), as codified at TMC Section 5.04.015, is hereby
amended to read as follows:
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No person or persons shall conduct, maintain, operate, or engage in any business
within the City without first applying for and obtaining a business license and paying the
fee(s) as prescribed herein unless the business is exempt. The exemption is only from
the need to pay a fee for issuance of the business license and shall not be construed as
relief from compliance with other requirements of the Tukwila Municipal Code. All
businesses operating within the City are required to submit a business license
application or renewal, as appropriate, regardless of whether a business license fee is
due to the City.
Section 3. TMC Section 5.04.020, "Application and Fees Required," Amended.
Ordinance No. 2315, §1 (part), as codified at TMC Section 5.04.020, is hereby
amended to read as follows:
A. Any person desiring to establish or conduct any business enterprise or
undertaking within the corporate limits of the City shall first apply to the Finance
Department for a license to conduct such business. The application shall be upon a
form furnished by the Finance Department on which the applicant shall state the
company name and address; the nature of the business activity or activities in which he
desires to engage, the place where the business will be conducted, the number of
employees, whether full or part -time, on the payroll as of January 1, or, if a new
business, the number to be employed on the opening date; and other information
pertaining to the business as required by the City.
B. The application must be accompanied by payment for the amount of the license
fee. All fees will be based on the number of employees, whether full or part -time, as
follows-
0 to 10 $100.00
11 to 20 $150.00
21 to 50 $300.00
51 to 100 $400.00
101 and up $600.00
Home Occupation
(pursuant to TMC 5.04.010) $50.00
Temporary business license
(pursuant to TMC 5.04. 010) $0.00
Section 4. TMC Section 5.04.040, "Prorating fee," Amended. Ordinance No.
2315, §1 (part), as codified at TMC Section 5.04.040, is hereby amended to read as
follows:
The license fee set forth in this chapter shall be for the calendar year, and each
person engaged in business must pay the full license fee for the current year. Business
license fees are non refundable, regardless of whether the business operates for the
entire calendar year, or whether the business license is denied, revoked or suspended
with cause.
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Section 5. TMC Section 5.04.050, "Fee for late acquisition or renewal,"
Amended. Ordinance No. 2315, §1 (part), as codified at TMC Section 5.04.050, is
hereby amended to read as follows:
A. Monetary Penalty. Failure to pay the business license fee within 30 days after
the day on which it is due and payable pursuant to TMC Section 5.04.020 shall render
the business subject to a penalty of 5% of the amount of business license fee for the
first month of the delinquency and an additional penalty of 5% for each succeeding
month of delinquency, but not exceeding a total penalty of 25% of the amount of such
business license fee, plus any accounting, legal or administrative expenses incurred by
the City. No business license for the current period shall be granted until the delinquent
fees, together with penalties, have been paid in full. The Finance Director or his /her
designee is authorized, but not obligated, to waive all or any portion of the penalties and
interest provided herein in the event the Director or his /her designee determines that the
late payment was the result of excusable neglect or extreme hardship.
B. Collection. Any business license fee due and unpaid under this chapter, and
all penalties thereon, shall constitute a debt to the City and may be collected in court
proceedings in the same manner as any other debt in like amount, which remedy shall
be in addition to any and all other existing remedies.
C. Revocation of License. The Finance Director may revoke any business
license issued pursuant to this chapter to any business or other person who is in default
in any payment of any business license fee hereunder, or who shall fail to comply with
any of the provisions of this chapter. Notice of such revocation shall be mailed to the
license holder by the Finance Director, and on and after the date thereof any such
business who continues to engage in business shall be deemed to be operating without
a license and shall be subject to any and all penalties herein provided.
D. There shall be a penalty of not less than $50.00 to reinstate any business
license revoked through nonpayment of the business license fee.
Section 6. TMC Section 5.04.070, "Change in nature of business," Amended.
Ordinance No. 2315, §1 (part), as codified at TMC Section 5.04.070, is hereby
amended to read as follows:
The license granted in pursuance hereof shall be used to conduct the business or
type of business at the designated address for which such license is issued. Any
change in the nature of the business, a change in the Unified Business Identifier issued
by the Washington State Department of Licensing, a change in the physical location of
the business, or a change in ownership of the business shall necessitate a renewed
application to the Finance Department. A change in the nature of business or a change
in ownership will also require payment of the applicable business license fee.
Section 7. TMC Section 5.04.090, "Exemption," Amended. Ordinance No.
2315, §1 (part), as codified at TMC Section 5.04.090, is hereby amended to read as
follows:
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A. Nothing in this chapter shall be construed to require a license for any farmer,
gardener, or other person to sell, deliver or peddle any fruits, vegetables, berries, butter,
eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced
or manufactured by such person in any place within the State.
B. Any business exempt from paying the Revenue Generating Regulatory License
fee, in accordance with TMC Section 5.62.040, shall also be exempt from paying the
business license fee in TMC Section 5.04.020.
Section B. TMC Section 5.04.110, "Denial Revocation," Amended. Ordinance
No. 2315, §1 (part), as codified at TMC Section 5.04.110, is hereby amended to read as
follows:
A. The Finance Director may deny any business license application pursuant to
TMC Section 5.04.105.
B. The Finance Director may deny or revoke any license under this chapter where
one or more of the following conditions exist:
1. The licensee is in default of any fee, charges or amounts due and payable
to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy.
2. The license was procured by fraud or by a false or misleading
representation of fact in the application., or in any report or record required to be filed
with the Finance Department;
3. The building, structure, equipment, operation or location of the business for
which the license was issued does not comply with the requirements or standards of the
Tukwila Municipal Code;
4. The license holder, his or her employee, agent, partner, director, officer or
manager has knowingly violated any provisions of any chapter of the Tukwila Municipal
Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation
of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or
her business premises.
5. Conduct of the business would be in violation of any local, state or federal
law, rule or regulation prohibiting the conduct of that type of business.
C. Upon determination that grounds for denial, suspension or revocation of a
license exist, the Finance Director shall send the license holder a Notice of Denial,
Suspension or Revocation. Grounds for denial, suspension or revocation include
repetition of a violation of any provision of City policies or the Tukwila Municipal Code
that has been accompanied by a warning notice of such violation or previous notice of
the violation. The Notice of Denial, Suspension or Revocation shall set forth the
grounds for and terms of the denial, suspension or revocation and a statement advising
that the person may appeal from the Notice of Denial, Suspension or Revocation to the
Hearing Officer, provided that the appeal is made in writing and filed with the Finance
Director within 10 days from the date of receipt of the Notice of Denial, Suspension or
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Revocation, and that failure to so appeal shall constitute a waiver of all rights to any
additional administrative hearing or determination on the matter. Upon issuance of such
Notice, the license is suspended or revoked and is no longer valid and current, unless
appealed as provided in this chapter, in which case the effect of the suspension or the
revocation is stayed pending the outcome of the appeal.
D. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of
Denial, Suspension or Revocation shall be served upon the license holder either
personally or by mailing a copy of such Notice by certified mail, postage prepaid, return
receipt requested to such license holder to his or her last known address as provided in
the license application. Alternatively, the Notice may be posted upon the premises
where such license holder conducts his or her business, which is the subject of the
denied or revoked license.
Section 9. TMC Section 5.04.112, "Appeal of Notice of Denial, Suspension or
Revocation," Amended. Ordinance No. 2315, §1 (part), as codified at TMC Section
5.04.112, is hereby amended to read as follows:
A. Whenever the Finance Director, or his /her designee, determines there is cause
for suspending, denying or revoking any license issued or applied for pursuant to this
chapter, the Finance Director, or his /her designee, shall notify the person holding the
license, by registered mail or hand delivery, of his /her determination. Notice mailed to
the address on the license shall be deemed received three business days after mailing.
The notice shall specify the grounds for suspension, denial or revocation.
B. The licensee or applicant may appeal the decision of the Finance Director, or
his /her designee, to suspend, deny or revoke a business license by filing a written
appeal to the City Clerk within 10 calendar days of the decision. The appeal must state
the grounds for appeal and the basis for why the decision was incorrect. To be
accepted the appeal must be accompanied by an appeal fee of $200.00.
C. Upon receipt of the notice of appeal, the Finance Director shall set a date for
hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be
mailed to the licensee or applicant.
D. The hearing shall be de novo. The Hearing Examiner may affirm, reverse or
modify the Finance Director's, 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 10. TMC Section 5.62.020, "Revenue Generating Regulatory License
Fee (RGRL)," Amended. Ordinance No. 2297, §1 (part), as codified at TMC Section
5.62.020, is hereby amended to read as follows:
A. General. In addition to the business license fee, the highest applicable RGRL
in this section shall be paid for the annual license issued under this chapter.
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1. A business with less than $12,000.00 of average annual gross receipts
shall be exempt from any RGRL.
.2. For the purposes of this section and in determining the applicable RGRL,
the term "employee" means and includes each of the following persons who are not
required by the City to have his /her /its own separate City of Tukwila business license..
a. Any person who is on the business's payroll, and includes all full -time,
part -time, and temporary employees or workers; and
b. Self- employed persons, sole proprietors, owners, officers, managers,
and partners; and
c. Any other person who performs work, services or labor at the
business, including an independent contractor who is not required to have a separate
City of Tukwila business license.
3. An entity that is entirely exempt from paying the business license fee shall
be exempt from any RGRL.
4. An entity with some activities or functions that are exempt from the
business license fee and some that are not exempt shall pay an RGRL based on the
number of its employees that are involved in the functions or activities that are not
exempt.
5. An individual person operating more than one business as sole
proprietorships, including leasing of non owner occupied housing, within the corporate
limits of the City shall pay only one RGRL fee, at an amount equal to the highest RGRL
fee for any one of the multiple businesses, if not otherwise exempt from paying the
RGRL fee, pursuant to this chapter. TMC Section 5.62.020.A.5 shall not be applicable if
any one of the businesses owned by the sole proprietor has three or more full -time
equivalent employees.
B. Amount of RGRL.
1. Revenue Generating Regulatory License (RGRL) Fee Method. Except
as otherwise provided by this chapter, every person engaging in business within the
City shall pay an RGRL based upon the number of employee hours worked in Tukwila
during the previous year. Annual employee hours are calculated based on the sum of
the 4 quarterly reports submitted to the Washington State Department of Labor and
Industries (L &I) for the previous year. It will be the responsibility of the employer to
determine the number of hours worked within the City from these reports. Businesses
that did not file quarterly reports with the Washington State Department of Labor and
Industries shall determine the number of hours worked within the City and demonstrate,
if required, to the satisfaction of the Finance Director or his /her designee, that the
number of employee hours worked is correct.
2. The annual RGRL fee shall be calculated by multiplying the minimum fee,
as defined in subsection (F) of this section, by the number of full- time equivalent
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employees that worked in Tukwila. The approved fee per full -time employee is
$0.028646 (which represents a RGRL multiplier of $0.028646 per employee hour
worked), as may be adjusted herein. Employers without a full year history would need
to estimate the number of employee hours that will be worked in the current calendar
year.
3. If a business has more than one location in Tukwila, the annual business
license fee calculation must include a minimum fee for each location and the RGRL for
annual employee hours at all locations.
C. Alternative FTE Method. A business may choose to calculate its annual
RGRL fee by multiplying the minimum fee by the number of its employees. The number
of employees shall be based on the sum of the employees in the 4 quarterly reports
submitted to the Washington State Department of Labor and Industries (L &1) for the
previous year divided by four. It will be the responsibility of the employer to determine
the number of employees working within the City from these reports. Businesses that
did not file quarterly reports with the Washington State Department of Labor and
Industries shall determine the number of employees working in the City and
demonstrate, if required, to the satisfaction of the Finance Director or his /her designee,
that the number of employees is correct. Employers without a full year history would
need to estimate the number of employees that will work in the City for the current
calendar year.
D. For businesses with employees who work less than 1,920 hours per year (the
work hour figure used by the Washington Department of Labor and Industries) the total
number of hours worked by all such employees during the 4 quarters of the previous
year shall be added together and divided by 1,920 to determine the FTE equivalency.
E. It will be the responsibility of the business to determine the total number of
FTEs (or equivalency) and demonstrate if required, to the satisfaction of the Finance
Director or his /her designee that the calculation is accurate.
F. The RGRL fee for a business required to be licensed under this chapter and not
located within the City's corporate limits shall be calculated by multiplying the RGRL fee
multiplier of $0.028646 per employee hour worked by the number of employee hours
worked within the City, but in no event shall the RGRL fee be less than the minimum fee
set forth in this chapter. If the number of employee hours worked is not known at the
time of renewal, the business shall estimate the maximum number of employee hours
they anticipate using in Tukwila during the year.
G. Businesses doing business in the City that have no employees physically
working within the City shall pay the minimum fee required under this chapter.
H. The minimum fee under this chapter shall be $55.00, and may be amended
from time to time.
I. Payment made by draft or check shall not be deemed a payment of the RGRL
fee unless and until the same has been honored in the usual course of business, nor
shall acceptance of any such check or draft operate as a quittance or discharge of the
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fee unless and until the check or draft is honored. Any person who submits a RGRL fee
payment by check to the City pursuant to the provisions of this chapter shall be
assessed an NSF fee set by the Finance Director if the check is returned unpaid by a
bank or other financial institution for insufficient funds in the account or for any other
reason.
J. Businesses eligible for a temporary business license, pursuant to TMC Section
5.04.010, shall be exempt from payment of an RGRL fee for businesses with fewer than
10 employees.
Section 11. TMC Section 5.62.040, "Exemptions," Amended. Ordinance No.
2297, §1 (part), as codified at TMC Section 5.62.040, is hereby amended to read as
follows:
A. Exemptions. The following entities may claim an exemption from the license
fee, but if exempt under this subsection such entities shall still register under this
chapter:
1. Certain Organizations Exempt from Federal Income Tax. An
organization that files with the city a copy of its current IRS 501(c)(3) exemption
certificate issued by the Internal Revenue Service.
2. A governmental entity that engages solely in the exercise of governmental
functions. Activities that are not exclusively governmental, such as some of the
activities of a hospital or medical clinic, are not exempt under this chapter.
3. A nonprofit business operated exclusively for a religious purpose, upon
furnishing proof to the Finance Director of its nonprofit status. For the purposes of this
chapter, the activities that are not part of the core religious functions are not exempt.
4. Civic groups, service clubs, and social organizations that are not engaged
in any profession, trade, or occupation, but are organized to provide civic, service, or
social activities in the City.
a. Examples of such organizations include but are not limited to:
Soroptomists, Kiwanis, Lions' Rotary, American Legion, children's and adults' athletic
leagues and similar types of groups, clubs or organizations.
B. A business exempt from obtaining a business license under TMC Section
5.04.090.A shall also be exempt from paying an RGRL fee.
Section 12. TMC Section 5.62.050, "Penalties," Amended. Ordinance No.
2297, §1 (part), as codified at TMC Section 5.62.050, is hereby amended to read as
follows:
A. Monetary Penalty. Failure to pay the RGRL fee within 30 days after the day
on which it is due and payable pursuant to TMC Section 5.62.020 shall render the
business subject to a penalty of 5% of the amount of RGRL fee for the first month of the
delinquency and an additional penalty of 5% for each succeeding month of delinquency,
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but not exceeding a total penalty of 25% of the amount of such RGRL fee, plus any
accounting, legal or administrative expenses incurred by the City. No business license
for the current period shall be granted until the delinquent fees, together with penalties,
have been paid in full. The Finance Director or his /her designee is authorized, but not
obligated, to waive all or any portion of the penalties and interest provided herein in the
event the Director or his /her designee determines that the late payment was the result
of excusable neglect or extreme hardship.
B. Collection. Any RGRL fee due and unpaid under this chapter, and all
penalties thereon, shall constitute a debt to the City and may be collected in court
proceedings in the same manner as any other debt in like amount, which remedy shall
be in addition to any and all other existing remedies.
C. Revocation of License. The Finance Director may revoke any business
license issued pursuant to this chapter to any business or other person who is in default
in any payment of any RGRL fee hereunder, or who shall fail to comply with any of the
provisions of this chapter. Notice of such revocation shall be mailed to the license
holder by the Finance Director, and on and after the date thereof any such business
who continues to engage in business shall be deemed to be operating without a license
and shall be subject to any and all penalties herein provided.
D. There shall be a penalty of not less than $50.00 to reinstate any business
license revoked through nonpayment of the RGRL fee.
Section 13. 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 14. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /RUTH E NTI CATE D:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk
Passed by the City Council:
Published
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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Upco ning Meetings Events
May 2011;
2nd (Monday) 3rd (Tuesday) 4th (Wednesday) 5th (Thursday) 6th (Friday) 7th (Saturday)
T-ratspeFtatien Chamber of Lodging Tax VolunteerTukwila
Grote Conunerce Advisory opportunity
CANCELLED Gov't. Committee 11:30 AM 1:30 PM
Community meeting
Affairs 12:00 NOON Kids Without
City Council Cmte,. (Embassy Suites Borders Clothing
Regular Mtg., 12:00 NOON 15910 West Bank
7:00 PM (Chamber Valley Highway) F
(Council Off ce)
Chambers) Advance registration
Finance required.
Safety Cmte, Call 206 768 -2822 or
5:00 PM send an e-mail to
(CR #3) volunteer@
tukwilawa.gov
Arts
Commission,
5:30 PM Equity
(Community Diversity
Center) Commission,
5:15 PM
(CR #3)
:9tb`, (Monday) TOth:.(Tuesday.) 11tH'-:(Wednesd'ay):1: 'a2tli, Thursday) 13fh' (Friday) adtti; Saturday).. -;i
Community Utilities City Council Human 11th Annual
Affairs Cmte, Special Mtg., Services Backyard Wildlife
Parks Cmte, 5:00 PM (Work Session on Advisory Festival
5: 00 PM (CR #1) the Shoreline Board, at Tukwila Community
(CR #3) Master 10:00 AM Center
Tukwila Progrant) (Human 9:00 AM 3:00 PM
International 6:00 8:30 PM Services office) A
Civil Service Boulevard (ConnCil ff ea event!
Cmte, Action Cmte, Chambers) Ne w this his yea
➢Kids Garden Party
5:00 PM 7:00 PM
➢Tukwila Days Art
(Please note, (Community
Show
special date Center)
location, CR
#1)
`r City Council
Committee of For more information
the Whole contact the Tukwila
Mtg., Community Center at
7:00 PM 206- 768 -2822 or
(Council www.backvardwildlife
Clambers) fair -ore
Council Coffee
Chat
10:00 AM to
12:00 NOON
New location:
Friendz Cafe
(12930 E. Marginal F1
Stop by and informally
talk with a Tukwila
City Councibnember
about anything on
your mind regarding
Tukwila.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf Room #1. Contact Human Resources at 206 -431 -2187.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 93.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf Room #3. (A) Investment Report for P" Quarter of 2011. (B) Sales Tax
Report.
>Hu man Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575 -2489.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 -767 -2341.
Planning CommissionBoard of Architectural Review: 4th Thurs, except 2nd Thursday in Nov. Dec., 6:30 Pm,
Council Chambers at -City Hall. Contact Jf Bivens at 206 431 -3670.
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. 512111 meeting has been cancelled
Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Mike Villa at 206 433 -1815.
Utilities Committee_ 2nd 4th Tues., 5:00 PM, Conf. Room 91
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Tentative Agenda Schedule
MONTH MEE
TINE 1 1VIEETING 2 MEETING 3 MEETING..4
REGULAR COW REGULAR C.O.W.°
May 2 9 16 23
See agenda packet Special Issues: Special Presentation: Special Issues:
cover sheet for this Grant application for King County Tukwila Village:
week's agenda $125,000 in 2012 CDBG Agricultural Recommendation on
(Mai 2, 2011 fund Commission developer selection
Regular Meeting) A Lease agreement Presentation
with the Way Back Inn Financial Status Report
A resolution opposing on 01 Quarter 2010 and COMMITTEE OF THE
federal preemption of 1st Quarter 2011 WHOLE MEETING TO
local and land use BE FOLLOWED BY A
authority related to Proclamations/ SPECIAL MEETING
railroads and urging Appointments:
the U.S. Congress to Appointments to
clarify its intent Boards and
regarding local Commissions
authority
Unfinished Business:
Grant application for
$125,000 in 2012 CDBG
fund
A Lease agreement
with the Way Back Inn
A resolution opposing
federal preemption of
local and land use
authority related to
railroads and urging
the U.S. Congress to
clarify its intent
regarding local
authority
June 6 13 20 27
Unfinished Business:
Tukwila Village:
Recommendation on
developer selection
28