Loading...
HomeMy WebLinkAboutCOW 2015-10-12 COMPLETE AGENDA PACKETTukwila City Council Agenda in °° ❖ COMMITTEE OF THE WHOLE ❖ Jim Haggerton, Mayor Counci /members: • :" Joe Duffie • :" Dennis Robertson David Cline, City Administrator •:" Allan Ekberg • :" Verna Seal Kate Kruller, Council President •:" Kathy Hougardy • :" De'Sean Quinn Monday, October 12, 2015, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Valley View Sewer District loop area sewer project overview. Pg. 1 PRESENTATIONS Dana Dick, Manager, Valley View Sewer District. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. A resolution expressing support for the "Best Starts for Kids Levy." Pg.29 Title: King County Proposition No. 1 — Regular Property Tax Levy for Children, Youth, Families and Communities. *Public comments will be accepted. * b. Tukwila Urban Center Pedestrian /Bicycle Bridge: Receipt of public Pg.35 comments and acknowledgement of de minimus use of Christensen Road property. *Public comments will be accepted. c. Impact fee deferrals: Pg.53 (1) Ordinances (3) establishing a fee deferral policy relating to transportation, fire and park impact fees. (2) A resolution establishing a fee deferral process for building permit fees. d. Council discussion on process for review of policy decisions related Pg.97 to fire service. 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or 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. Valley View Sewer District Loop Area Sewer Project Overview MONDAY, OCTOBER 12, 2015 N W The Loop Sewer (West) Valley View Sewer District CY) WHY SEWERS, WHY NOW? PUBLIC HEALTH ISSUE. SAMPLING HAS DOCUMENTED FECAL COLIFORM BACTERIA IN STREAMS AND WETLANDS. REQUESTS FROM PROPERTY OWNERS. PROPERTY OWNERS HAVE INDICATED AN INTEREST IN SEWERS FOR A NUMBER OF REASONS. CITY INTEREST IN HAVING POCKETS OF UNSEWERED AREAS TRANSITION TO SEWERS. VALLEY VIEW AND CITY OF TUKWILA SIGNED INTERLOCAL AGREEMENT THIS YEAR GIVING THE DISTRICT AUTHORITY TO INCLUDE THE LOOP IN ITS SEWER SERVICE AREA. THE DISTRICT'S LEGAL RESPONSIBILITY UNDER WASHINGTON STATE LAW AND THE 1990 GROWTH MANAGEMENT ACT TO INVESTIGATE CONSTRUCTION OF PUBLIC SEWERS INSIDE THE DISTRICT SERVICE AREA. THE AVAILAIBILITY OF A FUNDING SOURCE TO POSSIBLY HELP REDUCE THE COST TO CONNECT TO SEWERS. THE INEVITABILITY OF PUBLIC SEWERS COMING INTO THIS AND OTHER URBAN AREAS. THE CITY OF TUKWILA'S 42ND AVE S STREET IMPROVEMENTS REQUIRED CONNECTION POINTS. } 4 Vg! gat } 00 POSSIBLE TIMELINE AND KEY DATES SEPTEMBER 10, 2015 OCTOBER 16, 2015 FEBRUARY, 2016 JULY, 2016 FEBRUARY - AUGUST 2016 OPEN HOUSE /PUBLIC MEETING APPLICATION FOR FUNDING DUE FIRST PROJECT FUNDING RANKING NOTIFICATION FINAL PROJECT FUNDING RANKING NOTIFICATION PUBLIC MEETING TO DISCUSS PROJECT IF DECISION IS MADE TO PROCEED WITH PROJECT: JULY - NOVEMBER 2016 FEBRUARY -MARCH 2017 APRIL -MAY 2017 JUNE - SEPTEMBER 2017 FINAL SURVEY AND DESIGN GO OUT TO BID ON PROJECT AWARD CONTRACT CONSTRUCT SEWERS SEPTEMBER- NOVEMBER 2017 SEWERS AVAILABLE FOR CONNECTION } W co -'7-i---7 e1 T� co THE LOOP SEWERS- ESTIMATED COST AND GENERAL COST ALLOCATION The total estimated project cost is $3.5 million Based on estimate of 2017 construction costs. The construction will be competitively bid. $2.3 million will be recovered from existing lots as they connect to sewers. $1.2 million will be recovered from future lots as they are created and connect to sewers. } N CHARGE IN LIEU OF ASSESSMENT -CILOA CILOA WILL NOT HAVE TO BE PAID UP FRONT, ONLY AT TIME OF CONNECTION. (PAYS FOR EACH LOT'S SHARE OF THE TOTAL NEW SEWER CONSTRUCTION PROJECT COST) CILOA IS MADE UP OF THE FOLLOWING COSTS: CONSTRUCTION WITHIN RIGHT -OF -WAY DESIGN ENGINEERING PERMITTING EASEMENT ACQUISITION INSPECTION } CHARGE IN LIEU OF ASSESSMENT -CILOA • ESTIMATED AVERAGE CILOA: $15,000 /EXISTING LOT • FINANCE OPTION: (3% INTEREST, 15 ANNUAL INSTALLMENT PAYMENTS) • AVERAGE YEARLY PAYMENT: $1,240 = THIS ASSUMES THE DISTRICT DOES NOT RECEIVE LOANS OR GRANTS. IF GRANTS ARE RECEIVED THIS AMOUNT WILL DECREASE. } Ul = 1a1 /l f % GENERAL FACILITY CHARGE - GFC (INCLUDES EACH LOT'S SHARE OF GENERAL FACILITIES OF THE DISTRICT NOT PAID FOR THROUGH CILOAs OR ASSESSMENTS) GFC'S ARE IN PART COMPRISED OF THE FOLLOWING: PUMP STATIONS DISTRICT BUILDINGS DISTRICT VEHICLES AND EQUIPMENT TRUNKLINES GFC $4,033 /RESIDENTIAL CONNECTION FINANCE OPTION: 6% INTEREST, 15 ANNUAL INSTALLMENT PAYMENTS AVERAGE YEARLY PAYMENT $397.92 } 00 SIDE SEWER (THE COST TO CONSTRUCT THE PRIVATE SEWER LINE FROM THE PROPERTY LINE TO WHERE PLUMBING LEAVES THE HOUSE) SIDE SEWER CONSTRUCTION COSTS INCLUDE: SIDE SEWER INSTALLATION FROM THE RIGHT -OF -WAY OR EASEMENT TO HOUSE PUMP AND FILL THE SEPTIC TANK AVERAGE ESTIMATED SIDE SEWER COST: $4,500 FINANCE OPTION: 6% INTEREST, 15 ANNUAL INSTALLMENT PAYMENTS AVERAGE YEARLY PAYMENT $444 POSSIBLE ASSISTANCE FROM THE KING COUNTY HOUSING REPAIR PROGRAM (0% LOAN OR GRANT). - } j1;fiDT/j7 w = N O KING COUNTY SEWAGE TREATMENT CAPACITY CHARGE THIS IS THE COST SET BY KING COUNTY TO BUY EQUITY IN THEIR EXISTING TRUNKLINES AND WASTEWATER TREATMENT PLANTS PAYMENT PLAN OFFERED BY KING COUNTY: $57.00 PER MONTH, BILLED QUARTERLY ALTERNATIVELY, THERE IS A DISCOUNTED EARLY PAYOFF RATE OF $8,299.43 OFFERRED THIS CHARGE WILL GO UP TO $176.10 PER QUARTER IN 2016 } IV ,v.1 N N ESTIMATED MONTHLY CHARGES FOR SEWER SERVICE IF PAID OVER TIME (15 YEARS) 1. AVERAGE ESTIMATED MONTHLY CILOA DEBT PAYMENTS 2. AVERAGE ESTIMATED MONTHLY GFC DEBT PAYMENTS 3. AVERAGE ESTIMATED MONTHLY SIDE -SEWER DEBT PAYMENTS 4. MONTHLY DEBT PAYMENT TO KING COUNTY FOR TREATMENT CAPACITY CHARGE $103* $37 $33 $57 5. MONTHLY SEWER RATES $54 6. TOTAL ESTIMATED AVERAGE MONTHLY SEWER BILL WHILE PAYING OFF DEBT $284 *THIS ASSUMES THE DISTRICT DOES NOT RECEIVE LOANS OR GRANTS. N DECISION MAKING OVER THE NEXT 15 MONTHS • NO DECISION ON SEWER CONSTRUCTION WILL BE MADE UNTIL 2016 WHEN FUNDING LEVELS ARE KNOWN. • A PUBLIC MEETING WILL BE HELD IN 2016 TO DISCUSS VALLEY VIEW'S DECISION ON SEWER CONSTRUCTION AFTER FUNDING LEVELS ARE KNOWN. IF CONSTRUCTION TAKES PLACE, THERE WILL BE NO REQUIREMENT TO PAY FOR SEWERS UP FRONT. N } f�t»aTT_ N SEWER CONNECTION • YOU WILL NOT BE REQUIRED TO PAY ANY OF THE SEWER CONNECTION CHARGES UNTIL YOU CONNECT TO SEWERS. • YOU WILL HAVE THE AVAILABILITY TO CONNECT INTO THE SEWER STUB LOCATED ON YOUR PROPERTY WHEN YOU NEED TO, OR WHEN YOU DECIDE YOU WANT TO. • ONCE SEWERS ARE AVAILABLE TO YOUR PROPERTY YOU MAY BE REQUIRED TO CONNECT UNDER THE FOLLOWING CIRCUMSTANCES: SEPTIC SYSTEM REPAIR NEEDED OR SEPTIC SYSTEM FAILURE. _4z REQUEST FOR A BUILDING PERMIT FOR A MAJOR REMODEL (NEW BEDROOM, BATHROOM, ETC.). PROPERTY IS SOLD. N } = w COUNCIL AGENDA SYNOPSIS Initials Meelin ,g Date Prepared by Mqyors review Council review 10/12/15 LH Z Resolution Mt ,g Date 10119119 ❑ Ordinance M1 ,g Date 10/19/15 LH [:] Other Mt ,g Date SPONSOR Z Council ❑ Mayor ❑ FIR ❑ DCD D.Finance [].Fire [:] IT [:],P&R [:] Police ❑ PIS SPONSOR'S King County Proposition 1, Regular Property Tax Levy for Children, Youth, Families and SUMMARY Communities, is on the November 3, 2015 ballot, requiring a simple majority to pass. If approved, levy proceeds of $0.14 per $1,000 of assessed valuation will provide funding for prevention and early intervention efforts affecting children, youth and families. This draft resolution would support the levy and encourage eligible voters to do so as well. *State law requires public comment to be accepted on Council support for ballot measures. Ri s V I FWED BY z cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/12/15 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Consideration of attached resolution COMMI'17EE Unanimous approval; forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A I MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 I k 1114 6 1 ITEM NO. 4.A. 29 STAFF SPONSOR: LAUREL HUMPHREY FORIGINALAGE'NDADATE: 10/12/15 AGENDA I'n.,"m Tru-i; A resolution expressing support for King County Proposition No. 1, the Regular Property Tax Levy for Children, Youth, Families and Communities. CATEGORY Z Discussion Mig Date 10112119 ❑ Motion Aft ,g Date Z Resolution Mt ,g Date 10119119 ❑ Ordinance M1 ,g Date ❑ Bid.,Ixard Mig Date ❑ Public Hearing ,g Date M1 [:] Other Mt ,g Date SPONSOR Z Council ❑ Mayor ❑ FIR ❑ DCD D.Finance [].Fire [:] IT [:],P&R [:] Police ❑ PIS SPONSOR'S King County Proposition 1, Regular Property Tax Levy for Children, Youth, Families and SUMMARY Communities, is on the November 3, 2015 ballot, requiring a simple majority to pass. If approved, levy proceeds of $0.14 per $1,000 of assessed valuation will provide funding for prevention and early intervention efforts affecting children, youth and families. This draft resolution would support the levy and encourage eligible voters to do so as well. *State law requires public comment to be accepted on Council support for ballot measures. Ri s V I FWED BY z cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/12/15 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Consideration of attached resolution COMMI'17EE Unanimous approval; forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 MTG. DATE ATTACHMENTS 10/12/15 Informational Memorandum dated 10/5/15 Draft resolution 10119/15 29 30 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Laurel Humphrey, Council Analyst DATE: October 5, 2015 SUBJECT: Resolution supporting King County Proposition No. 1 on November 3, 2015 ISSUE The November 3, 2015 ballot includes a property tax levy in support of children, youth, families, and communities, known as the "Best Starts for Kids" levy. BACKGROUND On Monday, July 20, 2015 the Metropolitan King County Council passed Ordinance 18088, placing on the November 3, 2015 General Election ballot a proposition authorizing an additional regular property tax of $0.14 per $1,000 of assessed valuation for collection beginning in 2016 and maximum annual increases of 3% in the succeeding five years. If approved, levy proceeds will fund prevention and early intervention efforts affecting children, youth and families. Based on 2015 home values, the cost to the median homeowner would be about $56 per year. DISCUSSION The proposed resolution expresses support for the passage of the levy and encourages registered voters in Tukwila to vote to approve it. The Tukwila City Council has already shown support for this effort via a letter to the King County Council encouraging their vote to place it on the ballot. State Law requires public comment to be accepted on Council support of ballot measures. RECOMMENDATION The Committee of the Whole is asked to forward the draft resolution to the October 19, 2015 Regular Meeting. ATTACHMENTS Draft resolution 31 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SUPPORT FOR KING COUNTY PROPOSITION NO. 1, THE REGULAR PROPERTY TAX LEVY FOR CHILDREN, YOUTH, FAMILIES AND COMMUNITIES. WHEREAS, local governments have traditionally dedicated large shares of funding to crisis response in the form of criminal justice and human services, leaving scarce resources available for prevention strategies; and WHEREAS, there is a growing body of evidence indicating that prevention and early intervention are the most effective and least expensive ways to address our society's most serious problems; and WHEREAS, the City of Tukwila's Strategic Plan includes a goal of providing "A Solid Foundation for all Tukwila Residents "; and WHEREAS, all children in Tukwila and King County deserve the opportunity to achieve success, and the "Best Starts for Kids" levy outlines specific strategies and measurable outcomes designed to reach children from every background; and WHEREAS, to address the importance of investment in children and families, the King County Council passed Ordinance 18088 to place on the ballot for the November 3, 2015 General Election a proposition to levy an additional regular property tax at the rate of $0.14 per $1,000 of assessed valuation for collection beginning in 2016, and maximum annual increases of 3% in the succeeding 5 years; and WHEREAS, if approved, levy proceeds will provide funding for prevention and early intervention to achieve positive outcomes related to healthy pregnancy, parental and newborn support, child development, community health, and crisis prevention and intervention for youth, including for domestic violence and homelessness; and W: \Word Processing \Resolutions \Support for Best Starts for Kids Levy 9 -29 -15 LH:bjs Page 1 of 2 33 WHEREAS, on October 12 and October 19, 2015, the Tukwila City Council accepted comments from the public in consideration of the proposed resolution pursuant to RCW 42.17A.555; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council, by majority vote, hereby expresses support for King County Proposition No. 1 set for the November 3, 2015 General Election, a proposition to levy an additional regular property tax at the rate of $0.14 per $1,000 of assessed valuation for collection beginning in 2016, and maximum annual increases of 3% in the succeeding 5 years, and urges all eligible Tukwila voters to vote to approve the levy. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2015. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Kate Kruller, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: WAWord Processing\Resolutions\Support for Best Starts for Kids Levy 9-29-15 LH:bjs 34 Page 2 of 2 COUNCIL AGENDA SYNOPSIS -------- -------------------- - - - - -- Initial r Meeting Date Prepared b�y Mayors review Council review 10/12/15 BGFM ITEM INFORMATION M-1 35 STAFF SPONSOR: BOB GIBERSON ORIGINAL, AGENDA DATE: 10/12/15 AGENDA I'1'13M TITLE: Tukwila Urban Center Pedestrian/ Bicycle Bridge Acknowledgement of Section 4(f) de minimus Use of Christensen Road Property CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 10/12/15 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ®Other Mtg Date 10112115 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ .Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Council is being asked to accept public comment for the Tukwila Urban Center Pedestrian/ SUMMARY Bicycle Bridge Project and acknowledge the de minimus use of public park and habitat restoration property at the Christensen Road Property. Federal grant requirements include obtaining NEPA approval (National Environmental Protection Act) and compliance with Section 4(f), which requires all potential impacts be analyzed for prudent alternatives prior to implementation of a project. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/05/15 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE: RIQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 MTG. DATE ATTACHMENTS 10/12/15 Informational Memorandum dated 10/02/15 Section 4(f) de minimus Impact Determination forms Minutes from the Transportation Committee meeting of 10/05/15 35 36 City of Tukwila Jim Haggerton, Mayot INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director- f BY: Cyndy Knighton, Senior Program Manager DATE: October 2, 2015 SUBJECT: Tukwila Urban Center Pedestrian /Bicycle Bridge over Green River Project No. 90510403 Acknowledgement of Section 4(f) de minimus Use of Christensen Road Property ISSUE Accept public comment on the proposed fill and excavation to the Christensen Road Property and acknowledge the Section 4(f) de minimus impact determination in accordance with FHWA (Federal Highway Administration) requirements. BACKGROUND Since 2005, the City has been designing the TUC Pedestrian /Bicycle Bridge over Green River Project. Funding for the design has been primarily from three federal grants, two from STP -E (Surface Transportation Program — Enhancement) grant and one from CMAQ (Congestion, Mitigation, and Air Quality). Because of these grants, the project is subject to FHWA review and approval processes, including obtaining a NEPA (National Environmental Protection Act) approval. As part of the NEPA process, compliance with Section 4(f) of the US Department of Transportation Act of 1966 and codifed at 13 U.S.0 § 138 and 49 U.S.0 § 303 which requires all potential impacts on Section 4(f) lands be analyzed for prudent alternatives prior to implementation of a project. Publicly owned land which is considered to be a park, recreation area, or wildlife and waterfowl refuge are considered Section 4(f) lands. The property being impacted by the TUC Pedestrian /Bicycle Bridge Project is known as the Christensen Road Property in the PROS Plan (Parks and Recreation and Open Space Plan) and is identified as Project No. 21 in the Shoreline Master Plan. The existing use of the property as a passive park with the supplemental trail running parallel to the Green River Trail, the proposed future non - motorized boat launch from the PROS Plan, and the proposed habitat restoration in the Shorelines Master Plan qualify this property as a Section 4(f) facility. DISCUSSION The Green River Trail will be widened from the bridge landing point westerly to Christensen Road. In order to accommodate the widening, the levee will have additional fill placed on the riverward side so that the trail can be widened to the north. Widening to the south was not a possibility due to right -of -way constraints. The widened trail will be done within the existing trail easement as much as possible, although an additional 191 square feet of easement is being obtained from the owners of the Riverview Plaza site to match where the existing trail is outside the easement and on private property. To mitigate this new fill, as well as mitigate for a reduction in flood storage on the east side of Green River due to the bridge landing, a 2,500 square foot area is impacted in order to provide the required compensatory storage. The best location for this excavation is on the Christensen Road Property. All adjacent property owners have been notified by mail and/or direct communication about TUC Pedestrian /Bicycle Bridge Project. A public notification and comment period was provided through the SEPA (State Environmental Protection Act) and the Shoreline Variance processes. The SEPA comment period ended on September 24, 2015 and Shorelines Variance comment period ends on October 9, 2015. FINANCIAL IMPACT There is no financial impact to acknowledging the Section 4(f) impacts. RECOMMENDATION Council is being asked to accept public comment at the October 12, 2015 Committee of the Whole Meeting for the Tukwila Urban Center Pedestrian - Bicycle Bridge Project and acknowledge the de minimus use of public park and habitat restoration property. Attachments: Section 4(f) De Minimus Impact Determination forms wApw eng\projects\a- rw & rs projects\tuc ped bicycle bridge (90510403) \design\info memo de minimus acknowledgement 10.02.15 gl.docx 37 w Section 4(1) De Minimis Impact Determination (per 23 CFR 774) Page I 1:9TA September 14, 2015 Date: Lead Agency: City of Tukwila STPE-1320(002) Project Number: Tukwila Urban Center Pedestrian/Bicycle Bridge Project: The City of Tukwila (City) is proposing to construct a twin-tied arch pedestrian/bicycle bridge span over the Green River to connect the City's urban center and the transportation hub of the Sounder, mmuter Rail/Amtrak Station. The bridge and associated approaches will pr VjqP a non-motorized connection from the intersection of Baker Boulevard afji' Chrfskensen Road to the Sound Transit property line at the Sounder o uter ail/Am' tra Station. Currently, the Green River stands as a barrier bet', the ity'surban ,,c enter and the Sounder Commuter Rail/Amtrak Station. to be a signature piece of the corridor and, along with the associate pedestrian/ bicycle trail, will provide a direct, safe, and enjoyable ,wal i i . k , experience. he project is located in the Project City of Tukwila, King COL'Iffi-ty,P", ' va S irigt j,,,Township 23 North, Range 4 East, Description: Sections 25 and 26 (Figure The Green Rtve Trail `,,wi s e than 19 miles from Cecil Moses Park near reen River Park in south Kent near Aubu. ,r�,, o Auburn. Seattle's south"bounday Approximatel feet 1 , of trail improvements will be completed for the Green V e T/,, T ding from the proposed bridge landing to Christensen Road in the 0`1`11.1 ila (Figure 2). Temporary and permanent uses, as described above, of a publicly-owned recreati6iial'area are subject to the requirements of Section 4(f) of the Department of Transportation Act of 1966. Section 4(f) Green River Trail Resource fle I- lublicPai-koi -lZeci-eationa]At-ca Type of 4(t) National Register - Eligible I tLstoric Site Resource I— Publicly -owned Wildlife or Waterfowl Sanctuary The proposed bridge will connect to the existing Green River Trail on the west side Size of the (le of the river. Approximately 800 linear feet (12,200 square feet) of trail minimis use of the improvements will be completed for the Green River Trail extending from the 4(f) Resource in proposed bridge landing to Christensen Road. The completed trail segment will be acres more consistent with modern trail standards and will include trail widening and lighting improvements. Page I 1:9TA Official With City of Tukwila Jurisdiction .De minimis Documentation 1. Describe the Section 4(f) property and the attributes and features that qualify it for Section 4(f) protection, attach a map with shows the boundary of the resource, the locations of hey features (e.g. ball fields, structures) and shows the area to be used; The Green River Trail winds more than 19 miles from Cecil Moses Park near Seattle's south boundary to North Green River Park in south Kent near Auburn. Approximately 800 linear feet of trail improvements will be completed for the Green River Trail extending from the proposed bridge landing to Christensen Road within the City of Tukwila (Figure 2). The Green River Trail follows the Green River through industrial lands near the Duwamish Waterway in Tukwila to the broad Green River Valley. The trail provides views and access to the Green River and surrounding river valley. The trail is,*a d over its entire length with some low - volume roadway segments. The segment of existjng'trail in tle project area does not include any facilities. 2. Describe the impacts to the Section 4(f) proper mitigation or enhancement measures, and why, 23 CFR 774.17, The City is proposing to construct a twit Green River to connect the City's;;urban Commuter Rail /Amtrak Stati©n The, br connection from the intersection of'Bak property line at the Sounder ommizfier:. w avoidance, minimization and considered de minimis as defined in KOedestrian /bicycle bridge span over the id the transportation hub of the Sounder associated approaches will provide a ,ard and Christensen Road to the Sound Transit rak Station. The bridge will conneott0�j?e etsting Green River Trail on the west side of the river. Approximately,/,,,,800 linear feet (12,200 square feet) of trail improvements will be completed for the Green Rivb"fJrail extending from the proposed bridge landing to Christensen Road. The completed trail segment will,e more consistent with modern trail standards and will include trail widening and lightmgtinprovements. The improvements have been designed to avoid impacts to the l 00- yea floodplain of the Green River located within the Open Space located to the north of the Green River Trail segment. Temporary trail closure will occur during construction and detour will be provided. Modifications to existing segment of the Green River Trail will enhance the trail. 3. For parks, recreational facilities, and wildlife and waterfowl sanctuaries: a. Describe the Public Outreach that has been or is being conducted (leave blank.for historic sites); All adjacent property owners have been notified by mail and /or direct communication about the project. Public notification and comment periods are provided through the SEPA and City of Tukwila Shoreline permit processes. Public opportunity to Page 2 ON comment on the proposed project has been provided through public meetings and mailings. b. Include written concurrence of the official with jurisdiction over to 4(t) resource with the ele minimis determination.; The segment of Green River Trail affected by the project is managed by the City of Tukwila. The City of Tukwila Public Works Department, as the lead department for the proposed project, has been coordinating with the Parks and Recreation Department on this project. The Parks and Recreation Department concurred with the de minimis take as documented in the attached letter. The Public Works Department will continue to coordinate with the Parks and Recreation Department as necessary during project construction. 4. For historic resources, attach Section 106 Documentation (1,nclude SHPO concurrence in project -level fin(fin gs (DOES and or FOES) and Prograngngtic Agreement Memos for archaeological resources); and No historic resources will be impacted by this project. The Washington Department of Archaeology and Historic Preservation (DAHP)�eoncurred with the finding in letter dated (DATE). FHWA Approval Name, 'Title (typically the Area Engineer will sign) F`1-IWA Washington Division Page 3 Date 41 42 cts \0121009\Mapdocs\Fig1.mxd 11/132007 O a` Project Location Brett 0 0.5 u�cwila Spokane! Miles Washington Data Source: ESRI. 2006. I4LANDAU ASSOCIATES Tukwila Urban Center, Pedestrian /Bicycle Bridge Tukwila, Washington Vicinity Map 43 SHORELINE JURISIKBON BOUNDARY (DP) NE 1/4 ,,,, 26 ----- ---------- --------- ---------- URBAN CONSERVANCY BUFFER (TYP) • R/14 X GREEN RIVER CLEARING AND GRUBBING UNITS / SILT FENCE ________ .• .•.. • LL,L):t „se 100 YEAR Segment of existing Green River Trail to be improved CLEARING AND CRUBBING MOTS / SILT FENCE URBAN 1 CONSERVANCY I BUFFER (PIP) SHORELINE , 8 JURISDICTION Xi BOUNDARY (I'rP) r Calibompuft. 100 YEAR / LEVEE 1 (SW .■,.:,,, , . ; , /., / / 0 ' 8NAU 381 1 / 4o, 2L) .41(1 NI 9: 13 :I TVTI 7 / / / / / / PERMIT SCALE IN FEET HORZ. PS101 ILA 1:)L_TIE3I—IC VV-012KS L:P_Ell'T. *ENGINEERING.STREETS*WATER*SEWER*BUILDING* .X.8 bY dm. Let* . ,,,,,..----0,8,G, 4.'"T'3, i - ) "))470'-') Oni)ei). Figure 2. Green River Trail Segment Tukwila Urban Center Pedestrian/Bicycle Bridge Mew "Mi LAW 691"/th Consulting Engineers 1601 Fifth Aven uo suite 1600 Seattle, Washington 98101-3665 (206) 622-5822 Fox (206) 622-8730 decked LAW 09/03/75 8808079 R.A. 09/03/15 All di fieldblum 80 datv 880008 dalc 00/03/205 Section 4(1) De Minimis Impact Determination (per 23 CFR 774) Page I 45 September 14, 2015 Date: Lead Agency: City of Tukwila STPE- 1320(002) Project Number: Tukwila Urban Center Pedestrian /Bicycle Bridge Project: The City of Tukwila (City) is proposing to construct a twin -tied arch pedestrian/bicycle bridge span over the Green River to connect the City's urban center and the transportation hub of the Sounder Commuter Rail /Amtrak Station. The bridge and associated approaches will provide a non- motorized connection from the intersection of Baker Boulevard and'Chtistensen Road to the Sound Transit property line at the Sounder Commuter Raii /Amtrak Station. Currently, the Green River stands as a barrier between the City's urban center and the Sounder Commuter Rail /Amtrak Station. The bridge is to be a signature piece of the corridor and, along with the associated, /pedestrian/ bicycle trail, will provide a Project direct, safe, and enjoyable walking/bikingexperience. The project is located in the Description: City of Tukwila, King County; 'Washingt6ri;, Township 23 North, Range 4 East, Sections 25 and 26 (Figure 1.)., The Christensen':Road Property /Riverview Plaza Riverfront Open Space (Open Space) is a 3 acre parcef owned bIy the City. An existing paved path parallels the Green River through the open space and connects at both ends to the Green River Trail to the�$outh'of•the property (Figure 2). Temporary and permanent uses, as described above, of a publicly -owned recreational arealare subject to the requirements of Section 4(f) of the Department of Transportation Act of 1966. Section 4(f) Christensen Road Property /Riverview Plaza Riverfront Open Space Resource Public Park or Recreational Area Type of 4(f) F National Register - Eligible Historic Site Resource Publicly -owned Wildlife or Waterfowl Sanctuary Permanent impacts to the Open Space occur in two areas of the site and affect approximately 8,100 square feet associated with compensatory floodplain storage Size of the de (approximately 2,500 square feet) and fill slope associated with improvements to minimis use of the the Green River Trail (approximately 5,600 square feet). The area of the 4(f) Resource in compensatory floodplain storage is dominated by Himalayan blackberry (an acres invasive species) and will be replanted with native species to improve habitat conditions. Approximately 800 linear feet of trail improvements will be completed for the Green River Trail extending from the proposed bridge landing to Page I 45 De rninimis Documentation 1. Describe the Section 4(f) property and the attributes and features that qualify it for Section 4(f) protection, attach a map with shows the boundary of the resource, the locations of key features (e.g. ball fields, structures) and shows the area to be used, The Christensen Road Property /Riverview Plaza Riverfront Open Space (Open Space) is a 3 acre parcel owned by the City located east of ChristensenRoad north of Riverview Plaza (located at 16040 Christensen Road). An existing paved path parallels the Green River through the open space and connects at both ends to the Green River Trail`tothe south of the property (Figure 2). The site is partially forested and no facilities are associated with the Open Space. 2. Describe the impacts to the Section 4(f) prop and any avoidance, minimization and mitigation or enhancement measures, and whtvthey are considered de minimis as defined in 23 CFR 774.17, The City is proposing to construct a'twin -tied arch pedestrian /bicycle bridge span over the Green River to connect thetity's, urban center, and the transportation hub of the Sounder Commuter Rail /Amtrak Station.,, The b" ridge a nd associated approaches will provide a connection from the interSeCtf ",, of Baker Boulevard and Christensen Road to the Sound Transit property line at the Sounder Commiuter Rail /Amtrak Station. Permanent impacts to the Open Space occur in two areas of the site affect approximately 8,100 square feet associated with compensatory floodplain storage (approximately 2,500 square feet) and fill slope associated:with improvements to the Green River Trail (approximately 5,600 square feet). The area of the compensatory floodplain storage is located adjacent to the Green River along the northern border of the Open Space and is dominated by Himalayan blackberry (an invasive species). The compensatory floodplain storage area will be replanted with native species to improve habitat conditions. Mitigation on a Section 4(f) property is considered a non - transportation use if the official who has jurisdiction over the property agrees that the proposed work is consistent with the function of that property and is an enhancement of the 4(f) resource. Approximately 800 linear feet of trail improvements will be completed for the Green River Trail, which parallels the southern boundary of the Open Space, extending from the proposed bridge landing to Christensen Road. The completed trail segment will be on a fill supported slope, which will impact approximately 5.600 square feet of the Open Space. The improved trail segment will be more consistent with modern trail standards and will include trail widening and lighting improvements; and will minimize impacts to the 100 -year floodplain of the Green River located within the Open Space. The impact associated with the fill slope is relatively Page 2 M. Christensen Road. The completed trail segment will be on a fill supported slope, which will impact approximately 5.600 square feet of the Open Space. The improved trail segment will be more consistent with modern trail standards and will include trail widening and lighting improvements; and will minimize impacts to the I 00 -year floodplain of the Green River located within the Open Space located to the north of the Green River "Trail segment. Official With City of Tukwila Jurisdiction De rninimis Documentation 1. Describe the Section 4(f) property and the attributes and features that qualify it for Section 4(f) protection, attach a map with shows the boundary of the resource, the locations of key features (e.g. ball fields, structures) and shows the area to be used, The Christensen Road Property /Riverview Plaza Riverfront Open Space (Open Space) is a 3 acre parcel owned by the City located east of ChristensenRoad north of Riverview Plaza (located at 16040 Christensen Road). An existing paved path parallels the Green River through the open space and connects at both ends to the Green River Trail`tothe south of the property (Figure 2). The site is partially forested and no facilities are associated with the Open Space. 2. Describe the impacts to the Section 4(f) prop and any avoidance, minimization and mitigation or enhancement measures, and whtvthey are considered de minimis as defined in 23 CFR 774.17, The City is proposing to construct a'twin -tied arch pedestrian /bicycle bridge span over the Green River to connect thetity's, urban center, and the transportation hub of the Sounder Commuter Rail /Amtrak Station.,, The b" ridge a nd associated approaches will provide a connection from the interSeCtf ",, of Baker Boulevard and Christensen Road to the Sound Transit property line at the Sounder Commiuter Rail /Amtrak Station. Permanent impacts to the Open Space occur in two areas of the site affect approximately 8,100 square feet associated with compensatory floodplain storage (approximately 2,500 square feet) and fill slope associated:with improvements to the Green River Trail (approximately 5,600 square feet). The area of the compensatory floodplain storage is located adjacent to the Green River along the northern border of the Open Space and is dominated by Himalayan blackberry (an invasive species). The compensatory floodplain storage area will be replanted with native species to improve habitat conditions. Mitigation on a Section 4(f) property is considered a non - transportation use if the official who has jurisdiction over the property agrees that the proposed work is consistent with the function of that property and is an enhancement of the 4(f) resource. Approximately 800 linear feet of trail improvements will be completed for the Green River Trail, which parallels the southern boundary of the Open Space, extending from the proposed bridge landing to Christensen Road. The completed trail segment will be on a fill supported slope, which will impact approximately 5.600 square feet of the Open Space. The improved trail segment will be more consistent with modern trail standards and will include trail widening and lighting improvements; and will minimize impacts to the 100 -year floodplain of the Green River located within the Open Space. The impact associated with the fill slope is relatively Page 2 M. narrow extending along the southern property boundary adjacent to an area of existing US Army Corps of Engineers levee. Due to the minor amount of Open Space land impacted by the trail improvements, and the added benefit of habitat improvement to the Open Space, the proposed use will not adversely affect the features, attributes or activities of the Open Space. Temporary construction access through the Open Space will extend along approximately 620 linear feet (approximately 9,300 square feet) of the existing paved path on the site, and will require steel plates or similar temporary improvements to protect the underlying surface and to support construction equipment. In addition, approximately 6,400 square feet of temporary impacts associated with clearing and grading for construction of the trail improvements will occur adjacent to the base of the proposed fill slope. Temporary trail closures will occur during construction. The proposed project has been designed to avoid removal of trees from the Open Space. All land temporarily disturbed will be restored /replanted as necessary. 3. For parks, recreational facilities, and wildlife and waterfowt sa`netuaries: a. Describe the Public Outreach that hits been or is being conducted (leave blank for historic sites); All adjacent property owners have about the project. Public notificati SEPA and City of Tukwila Shoveo comment on the proposed project 1 mailings. by mail and /or direct communication -nt periods are provided through the ,esses. Public opportunity to ded through public meetings and h. Include written concurrence of the�official with juristliction over to 4(1) resource with the tie minimis determinalian. - The segment of Green'River Trail affected by the project is managed by the City of Tukwila.� The City of Tukwila Public Works Department, as the lead department for the proposed project;,has been coordinating with the Parks and Recreation Department on this project. The,Parks and Recreation Department concurred with the de minimis take as documentcd�in the attached letter. The Public Works Department will continue to coordinate with the Parks and Recreation Department as necessary during project construction. 4. For historic resources, attach Section 106 Documentation (Include SHPO concurrence in project -level findings (DOEs and or FOEs) and Programmatic Agreement Memos for archaeological resources); and No historic resources will be impacted by this project. The Washington Department of Archaeology and Historic Preservation (DAHP) concurred with the finding in letter dated (DATE). Request for Approval Page 3 47 Based upon this analysis we request FHWA approval that the use of the Section 4(f) resource described above is de minimis as defined in 2' ) CFR 774.17. Name, Environmental Engineer Date WSDOT Local Programs FHWA Approval M. Page 4 Legend \ Permanent Impacts 100 YEAR Temporary Impacts OMAR/ (Pill DProperty Boundary URBAN CONSERVANCY BUHR 100 Proposed excavation associated with compensatory floodplain storage (approximately 2,500 square feet is within Open Space property). Area will be replanted with native vegetation to improve habitat conditions. GUARINO AHD CRUBBING MOTS / SAT FENCE — 'Christensen Road Open Space NE 1/4 SEC.26 T.23N. R.4E. W.M. ------------------ --------- - ---------- ----------------- \T--- _-------------------- ..... \ \ 1 9989 )106) GREEN RIVER `' 0 X 99, X 0 V. Xs 0 0 X 0 ‘ \ ‘ 0 \ 9 s, X 9 0 X 0 \ 99 9 k ‘ 1 \ 0 \ 1 I I 1 Proposed Pedestrian Bridge ----------- FLk TUKWILA PEDESTRIAN BRIDGE CLEARING AND 06U981999 LAM / SAT FENCE www below. Callbwornauwv. \' ,\ Existing paved path to be used for temporary construction access 100 YEAR roposed fill slope associated with Green River Trail improvements (approximately 5,600 square feet is within Open Space property) / / / 1, / RAD 83/91 NAVOIT8 /.. / / 95% REVIEW / / ,/ ' PERMSUBMITPERMIT 40 80 SCALE IN FEET HORZ PS101 3 I'LIJEiL.,IC WCO_RiCS if:AE.1=1i". . ENGINEERING. STREETS • WATER. SEWER. BUILDING* bY MI in Consultg Engineers 1601 Fifth Avenue, Suite 1600 Seattle, Washington 98101-3665 (206) 622-5822 t-or (206) 622-8130 1 LE e , •WI',,,,,f4r,09,s,:(IR Figure 2. Christensen Road Open Space Property Tukwila Urban Center Pedestrian/Bicycle Bridge file no ' - ' " REI 15 checked 3 09 3 bkoo no daw revisiaes cLIM 09/05//015 50 4 City Of Tukwila Transportation Committee TRANSPORTATION COMMITTEE Meeting Minutes October 5, 2015 — 5:15 p.m. — Foster Conference Room, 6300 Building PRESENT Councilmembers: Joe Duffie, Chair; Allan Ekberg, Dennis Robertson (Absent: Kathy Hougardy) Staff: David Cline, Bob Giberson, Pat Brodin, Frank Iriarte, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:17 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. WAPA Best City Paving Award: Overlay and Repair — East Marginal Way South Staff shared with the Committee that the City received the Washington Asphalt Pavement Association (WAPA) Best City Paving Award for the Overlay and Repair — East Marginal Way South (South 81s' Place to South Norfolk Street) Project. This project was selected over 13 other paving projects in Western Washington. The project scope included pavement repairs and an asphalt overlay, new pavement markings, pedestrian safety upgrades, and storm water improvements. INFORMATION ONLY. B. Grant Acceptance: Cascade View Safe Routes to School — Phase II Staff is seeking Council approval to accept a Safe Routes to School Grant award from WSDOT in the amount of $838,950.00 for the Cascade View Safe Routes to School — Phase II Project. Phase II of this project will add improvements along South 1401h Street and 331d Avenue South that will connect the trail constructed in Phase I and provide safer routes throughout the neighborhood. The total construction cost is $927,950.00, and a budget amendment will be proposed to fund Phase II for the required City match. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. C. Public Comment: TUC Pedestrian - Bicycle Bridge over Green River Public comment is being accepted at this committee meeting and at the October 12, 2015 Committee of the Whole on the proposed fill and excavation to the Christensen Road Property for the Tukwila Urban Center Pedestrian /Bicycle Bridge over Green River. In this project the Green River Trail will be widened from the bridge landing point westerly to Christensen Road. Mitigation for this fill is best located on the Christensen Road Property, which is designated as a Section 4(f) facility per the US Department of Transportation Act of 1966. The Committee acknowledged the de minimus use of public park and habitat restoration property, which means that activities, features or attributes of the property will not be adversely affected. FORWARD TO OCTOBER 12, 2015 COMMITTEE OF THE WHOLE. 51 52 COUNCIL AGENDA SYNOPSIS Meefingo Date Prepared by Malyors review Council review 10/12/15 BM Resolution Mtg Date 10119119 M Ordinant-e Mtg Date 10119119 10/19/15 BM ❑ Other Mtg g Date SPONSOR ❑ Council E Mayor [:] HR ❑ DCD ❑ Finance [:] Fire ❑ IT ❑ P&R ❑ Police [:] 1W SPONSOR'S Consideration and possible adoption of a fee deferral program to allow delayed collection SUMMARY of certain building and impact fees in order to encourage residential and mixed use development within the Transit Oriented Development area of Southcenter. The program will not result in a waiver or reduction of any required fees. Rr1Vn.,1'Wj-,'I) BY El cow Mtg- F-1 CA&P Cmte M F&S Cmte ❑ Transportation Cmte ❑ utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/6/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office/Economic Development COmmIT ""Et,.' Unanimous Approval; Forward to Committee of the Whole COST IMPACT I FUND SOURCE ExPENDrf'uRt," RitQUIRI,"D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 ITEM INFORMATION ITEM NO. 4.C. --T&—r",T,'SP0NS0R: BRANDON MILES 0RIGINAj.,AGENDADATE: 10/12/15_ AGENDA ITEM TITLE Building and Impact Fee Deferral Program CXIT'GORY ❑ Discussion Mtg Date 10112119 ❑ Motion Mtg Date Resolution Mtg Date 10119119 M Ordinant-e Mtg Date 10119119 ❑ .Bid Award Mtg Date [:] Public Hearing Mtg Date ❑ Other Mtg g Date SPONSOR ❑ Council E Mayor [:] HR ❑ DCD ❑ Finance [:] Fire ❑ IT ❑ P&R ❑ Police [:] 1W SPONSOR'S Consideration and possible adoption of a fee deferral program to allow delayed collection SUMMARY of certain building and impact fees in order to encourage residential and mixed use development within the Transit Oriented Development area of Southcenter. The program will not result in a waiver or reduction of any required fees. Rr1Vn.,1'Wj-,'I) BY El cow Mtg- F-1 CA&P Cmte M F&S Cmte ❑ Transportation Cmte ❑ utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/6/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office/Economic Development COmmIT ""Et,.' Unanimous Approval; Forward to Committee of the Whole COST IMPACT I FUND SOURCE ExPENDrf'uRt," RitQUIRI,"D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 MTG. DATE ATTACHMENTS 10/12/15 Informational Memorandum from staff, dated September 22, 2015 Draft Transportation Impact Fee Ordinance Draft Park Impact Fee Ordinance Draft Fire Impact Fee Ordinance Draft Building Permit Fee Resolution Staff memo, dated April 24, 2015 Minutes from the Finance and Safety Meeting of May 5, 2015 Letter from Washington Place Proponents dated May 11, 2015 Minutes from the Finance and Safety Committee Meeting of October 6, 2015 10/19/15 1 1 53 54 City of Tukwila Jim Haggerton, Mayor TO: Mayor Haggerton Finance and Safety Committee . . FROM: Brandon J. Miles, Economic Development Liaison DATE: September 22, 2015 SUBJECT: Building and Impact Fee Deferral Policy ISSUE Should the City adopt a fee deferral program within the Transit Oriented Development area of the Southcenter area of the City to encourage residential development? BACKGROUND In April and May of this year, staff briefed the City Council on a proposal to allow deferral of some building and impact fees as an incentive to encourage new multi - family residential development within the Transit Oriented Development (TOD) District of the Southcenter neighborhood. A fee deferral is not a waiver or reduction of fees, but a delay in the timing of when the fees are collected. A development project has to expend a considerable amount of funds months and sometimes years before the project begins to generate revenue. For example, the Washington Place project, which is currently under construction, is anticipated to be completed in fall of 2017. Several cities, such as Olympia and Sammamish, allow for fee deferrals. A fee deferral shifts the payment of the fees into the future and thus allows the developer to be closer to generating revenue before fees are due. In staff's memo to the City Council dated April 24, 2015, staff presented an outline on how a fee deferral program might work. The Council discussed the fee deferral in May and consensus existed for staff to begin working on the necessary ordinances and resolution for further consideration by the City Council. Following Council's review of the policy language, staff has worked to draft the language into code language, which has resulted in some minor modifications to staff's initial proposal. DISCUSSION In order to adopt a fee deferral program the City will need to adopt three ordinances and a resolution. The three ordinances deal with traffic, parks, and fire impact fees. The resolution is regarding building permit fees. The following are the general provisions that apply to both the impact fee deferral and the building permit fee deferral: The project must be located west of the Green River and be located within the TOD District of the Southcenter area; The project must include at least 100 residential units and more than 50% of the gross building area must be used for residential purposes. The property owner must execute an agreement with the City for the fee deferral. Staff is proposing that that Mayor be permitted to execute the fee deferral agreements on behalf 55 INFORMATIONAL MEMO Page 2 of the City. Provisions must be included in the agreement to secure payment of the deferred fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and /or surety bond. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he /she deems necessary to meet the intent of this resolution, to protect the financial interest of the City, and /or to protect the public welfare. 4. Interest will be charged on all fees deferred. For the impact fee deferral, the interest rate will be based on the ten year US Treasury note interest rate at time of issuance of the building permit.' For the building permit fee deferral, the interest rate will be based on the two year US Treasury note'. The following are specific provisions for the impact fee deferral: 1. Impact fees may be deferred up to ten years from the date of permit issuance (this is when the fees are typically paid). The property owner is required to make eight equal yearly payments to the City, with the first payment due to the City 36 months after permit issuance and the final payment being due no later than 120 months from issuance of the building permit. 2. As part of the deferral agreement, the property owner must agree to waive any appeals under the various impact fee ordinances. The following are specific provisions for the building fee deferral: 1. Only one building permit per parcel is eligible to be deferred. A project, such as Washington Place, will have several building permits (as well as other permits) for the project. The timing of these permits vary. For example, while construction has commenced on the property, the main building permit for the project is still under review by the City. It would create significant logistical issues for the staff to allow all the permit fees to be deferred. 2. The building permit fee must be greater than $300,000. Only the building permit fee due at time of issuance of the building permit is eligible for deferral. All other fees, including, but not limited to, building permit plan review fees, utility connection fees, and fees related to mechanical, plumbing, land use, sign, and public works fees are due in the normal course of business, as typically charged to other applicants. 3. The outstanding fee balance, plus interest, is due to the City within 24 months of issuance of the building permit or prior to issuance of the certificate of occupancy, whichever occurs first. Washington Place Update While staff had been considering the idea of a fee deferral program for the sometime, the timing of the fee deferral policy was prompted by the proposed Washington Place project at the old Circuit City site on Andover Park East. When completed, Washington Place will be 19- stories, with a full service hotel and 371 residential units. 1 On September 22, 2015 the interest was 2.130. 2 On September 30, 2015, the interest rate was .63% 56 ZABrandonlFee Deferral, Oct, 20151FINAL MEMO.doc INFORMATIONAL MEMO Page 3 Staff provided a briefing to the Committee of the Whole on May 11, 2015 regarding Washington Place. At the meeting the proponents of Washington Place submitted a letter to the City Council requesting the following: 1. That the City use the 3 year US Treasury Note, not the 10 -year Treasury Note for the interest on the fee deferral; and 2. That parks and fire impact fees use actual square footage, not be charged per unit. Interest Rate In staff's initial proposal to the City Council staff proposed that the ten year Treasury note be used for both the impact fee and building permit fee deferral. The reason for this was simplification, staff would only have to track one interest rate for the fees deferral. Staff's revised proposal provides two interest rates. Since the building permit fee deferral will be paid back to the City sooner, staff is proposing to use the interest rate on a Two Year Treasury note, this is a lower interest rate than the Ten Year Treasury note. The impact fees would still use a Ten Year Treasury note since the term of the deferral is ten years. Staff's proposal to use Treasury notes is intended to preserve the value of the funds the City would have received at the time of issuance of the building permit. The City is not trying to make a profit on the deferred fees. The City typically places funds in low risk, shorter term investments. The two and ten year Treasury notes were chosen because they are widely traded and respected financial instruments and each reflects the total length of the fee deferrals. Impact Fee Calculation For residential uses, the City's Park and Fire Impact fees are assessed on a per unit basis based on an analysis of occupancy load. Multi- family and single family pay a slightly different fee per unit, with multi - family paying a slightly lower fee per unit. Neither the fee for multi - family or single family make any adjustments based on the square footage of the unit or number of bedrooms. The Fire and Park Impact Fee Ordinances allow staff to make adjustments to the fees based upon the anticipated, actual impacts from a project. Based on his analysis of the estimated occupancy of the residential units for the Washington Place project, the Fire Marshall made an adjustment to the fire and impact fee calculation by counting three studio units as one unit and 1.5 one bedroom units as one unit. This resulted in a significant reduction in the park and fire impact fees due for the project. Following the May 11th meeting staff requested information from the cities of Bellevue, Seattle, and Tacoma regarding calls for service for similar projects within their respective jurisdictions. Based upon the information reviewed by the Fire Marshall it was determined that additional reductions in the fire and park impact fees could not be made. FINANCIAL IMPACT The proposal will not reduce revenue received by the City, only delay collection. RECOMMENDATION The Council is being asked to approve three ordinances and one resolution and consider these items at the October 12th Committee of the Whole meeting and subsequent October 19th Regular Council meeting. ZABrandoffee Deferral, Oct, 2C15TINAL MEMO.doc 57 INFORMATIONAL MEMO Page 4 ATTACHMENTS • Draft Transportation Impact Fee Ordinance • Draft Park Impact Fee Ordinance • Draft Fire Impact Fee Ordinance • Draft Building Permit Fee Resolution • Staff memo, dated April 24, 2015 • Minutes from May 5, 2015 Finance and Safety Meeting • Letter from Washington Place Proponents, dated May 11, 2015 58 Z:IBrandon\Fee Deferral, Oct, 20151FINAL MEMO.doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2305 §3, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 9.48.060; PROVIDING A PROCESS FOR THE DEFERRAL OF TRANSPORTATION IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2043 on May 3, 2004, which established that transportation impact fees be paid by applicants seeking development approvals in the City; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \Transportation Impact Fees - deferral process 9 -15 -15 BM:bjs Page 1 of 4 W Section 1. TMC Section 9.48.060 Amended. Ordinance No. 2305 §3, as codified at Tukwila Municipal Code (TMC) Section 9.48.060, is hereby amended to read as follows: 9.48.060 Time of Payment of Impact Fees. A. The impact fees imposed pursuant to this chapter shall be assessed by the City at the time of the application for the development permit, and shall be due and payable in full at the time of issuance of such permit, unless a fee deferral agreement is executed pursuant to TMC 9.48.095. The fee paid shall be the amount in effect as of the date of the permit issuance. B. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. Section 2. Regulations Established. A new TMC Section 9.48.095, "Transportation Impact Fee Deferral," is hereby established to read as follows: 9.48.095 Transportation Impact Fee Deferral A. In order to encourage residential and mixed -use development within the Tukwila Urban Center Transit - Oriented Development (TUC -TOD) zoning district, fee deferrals of all or a portion of the required transportation impact fees for a project may be granted provided the following criteria are met: 1. The property owner must submit a technically - complete building permit application clearly depicting the project for which the fee deferral agreement would apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the transportation impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC -TOD zoning district per Figure 18 -16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing \Ordinances \Transportation Impact Fees - deferral process 9 -15 -15 BM:bjs Page 2 of 4 •1 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and /or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TMC Section 9.48.120. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor authorized to include any other provisions or requirements in the deferral agreement that he /she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and /or to protect the public welfare. C. Transportation impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final .payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred transportation impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The transportation impact fee deferral agreement may be consolidated with any agreements to defer fire parks, or building permit fees as outlined in TMC Chapters 16.26 and 16.28 and the consolidated permit fee resolution adopted by the City Council. Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Transportation Impact Fees - deferral process 9 -15 -15 BM:bjs Page 3 of 4 61 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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 , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Transportation Impact Fees - deferral process 9 -15 -15 BM:bjs 62 Page 4 of 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2366 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.28.040; PROVIDING A PROCESS FOR THE DEFERRAL OF PARKS IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2220 on December 15, 2008, which established that parks impact fees be paid by applicants seeking development approvals in the City; and WHEREAS, the City Council adopted Ordinance No. 2366 on March 5, 2012, which enacted certain refinements to Ordinance No. 2220; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \Parks Impact Fees - deferral process 9 -14 -15 BM:bjs Page 1 of 4 Section 1. TMC Section 16.28.040 Amended. Ordinance No. 2366 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.28.040, is hereby amended to read as follows: 16.28.040 Parks Impact Fee Assessment A. The City shall collect parks impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required effective January 1, 2009, consistent with the provisions of this ordinance. B. Parks impact fees shall be assessed at the time of a technically - complete building permit application that complies with the City's zoning ordinances and building and development codes. Parks impact fees shall be collected from the fee payer at the time the building permit is issued, unless a fee deferral agreement is executed pursuant to TMC Section 16.26.095. C. Except if otherwise exempt or deferred, the City shall not issue the required building permit unless or until the parks impact fees are paid. Section 2. Regulations Established. A new TMC Section 16.28.095, "Parks Impact Fee Deferral," is hereby established to read as follows: 16.28.095 Parks Impact Fee Deferral A. In order to encourage residential and mixed -use development within the Tukwila Urban Center Transit - Oriented Development (TUC -TOD ) zoning district, fee deferrals of all or a portion of the required parks impact fees for a proiect may be granted provided the following criteria are met: 1. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement will apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the parks impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The proiect must be located west of the Green River and be within the TUC -TOD zoning district per Figure 18 -16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section the term "residential" does not include hotels motels bed and breakfasts or other similar transient lodging accommodations. W: Word Processing \Ordinances \Parks Impact Fees - deferral process 9 -14 -15 BM:bjs Page 2 of 4 M 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and /or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TMC Section 16.28.100. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he /she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and /or to protect the public welfare. C. Parks impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred parks impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The parks impact fee deferral agreement may be consolidated with any agreements to defer fire, transportation, or building permit fees as outlined in TMC Chapters 9.48 and 16.26, and the consolidated permit fee resolution adopted by the City Council. Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Parks Impact Fees - deferral process 9 -14 -15 BM:bjs Page 3 of 4 65 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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 12015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Parks Impact Fees - deferral process 9 -14 -15 BM:bjs •• Page 4 of 4 ,A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2365 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.26.040; PROVIDING A PROCESS FOR THE DEFERRAL OF FIRE IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2219 on December 15, 2008, which established that fire impact fees be paid by applicants seeking development approvals in the City; and WHEREAS, the City Council adopted Ordinance No. 2365 on March 5, 2012, which enacted certain refinements to Ordinance No. 2219; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \Fire Impact Fees - deferral process 8 -31 -15 BM:bjs Page 1 of 4 67 Section 1. TMC Section 16.26.040 Amended. Ordinance No. 2365 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.26.040, is hereby amended to read as follows: 16.26.040 Fire Impact Fee Assessment A. The City shall collect fire impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required effective January 1, 2009, consistent with the provisions of this ordinance. B. Fire impact fees shall be assessed at the time of a technically - complete building permit application that complies with the City's zoning ordinances and building and development codes. Fire impact fees shall be collected from the fee payer at the time the building permit is issued, unless a fee deferral agreement is executed pursuant to TMC Section 16.26.095. C. Except if otherwise exempt or deferred, the City shall not issue the required building permit unless or until the fire impact fees are paid. Section 2. Regulations Established. A new TMC Section 16.26.095, "Fire Impact Fee Deferral," is hereby established to read as follows: 16.26.095 Fire Impact Fee Deferral A. In order to encourage residential and mixed -use development within the Tukwila Urban Center Transit - Oriented Development (TUC -TOD) zoning district, fee deferrals of all or a portion of the required fire impact fees for a project may be granted provided the following criteria are met: 1. The property owner must submit a technically - complete building permit application clearly depicting the project for which the fee deferral agreement will apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the fire impact fee be deferred. The City will not consider any fee deferral requests from a tenant contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC -TOD zoning district per Figure 18 -16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes For purposes of this section the term "residential" does not include hotels motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing \Ordinances \Fire Impact Fees - deferral process 8 -31 -15 BM:bjs Page 2 of 4 M.: 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and /or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TMC Section 16.26.100. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he /she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and /or to protect the public welfare. C. Fire impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred fire impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The fire impact fee deferral agreement may be consolidated with any agreements to defer park, transportation, or building permit fees as outlined in TMC Chapters 9.48 and 16.28 and the consolidated permit fee schedule adopted by resolution of the City Council. Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Fire Impact Fees - deferral process 8 -31 -15 BM:bjs Page 3 of 4 A• Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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 , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk _ ":a -91 FTAV9 I Eel •9 Rachel B. Turpin, 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 Impact Fees - deferral process 8 -31 -15 BM:bjs 70 Page 4 of 4 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1845; ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE; AND PROVIDING FOR A BUILDING PERMIT FEE DEFERRAL PROCESS TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY. WHEREAS, the City Council adopted Resolution No. 1845 in 2014, establishing the City's current consolidated construction fee schedule; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of building permit fees may assist in making residential development within the Southcenter area of the City more successful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1845 is hereby repealed, effective October 20, 2015. Section 2. For 2015 and 2016, the Technology Fee shall be set at 5% of the applicable permit fee. W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 1 of 12 71 Section 3. Public Works fees will be charged according to the following schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION FEE Type A (Short-Term Non - profit) $ 50.00 + Technology Fee Type B (Short-Term Profit) $100.00 + Technology Fee Type C $250.00 application base fee, Technology Fee, plus (Infrastructure and Grading on Private Property four components based on construction value: and City Right -of -Way and Disturbance of City 1) Plan Review Right -of -Way) 2) Construction Inspection Fee 3) Pavement Mitigation Examiner 4 Grading Plan Review Type D (Long -Term) $100.00 + Technology Fee Type E (Potential Disturbance of $100.00 +Technology Fee Cit Ri ht -of -Wa Fee F Type F (Blanket Permits) $250.00 processing fee, plus $5,000.00 cash deposit, withdraw $100.00 per instance for inspection Franchise — Telecommunications $5,000.00 administrative fee Franchise — Cable $5,000.00 plus 5% of total revenue Street Vacation $1,200.00 Latecomer's Agreements $500.00 processing fee, plus 17% administrative fee, SEPA MDNS Appeal plus $500.00 segregation fee Flood Zone Control Permit $50.00 + Technology Fee Section 4. Land use permit and processing fees will be charged according to the following schedule: LAND USE FEE SCHEDULE All peer review fees will be passed through to the applicant per TMC Section 18.50.200. W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 2 of 12 72 Plus 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Technology Fees Fee F Appeal Type 1, 2 and 4 Decisions $591 $602 SEPA MDNS Appeal $591 $602 Appeal of Sign Code Decision $591 $602 Impact Fee Appeals: Fire $591 $602 Parks $591 $602 Transportation $591 $602 W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 2 of 12 72 W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 3 of 12 73 Plus 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Technology Fees Fee (TF) Sign Permit (TMC Chapter 19),. Permanent $243 $248 + TF Temporary $106 $108 + TF Pole /Banner Initial Application $243 $248 + TF Special Event $106 $108 + TF Pole /Banner Annual Renewal $53 $54 + TF New Billboard $591 $602 + TF Master Sign Program —Admin $2,173 $2,216 + TF Master Sign Program —BAR $3,479 $3,549 + TF TUC Zone Modif'ication's Modification to TUC Corridor Standards $591 $602 + TF (TMC Section 18.28.130. C) Modification to TUC Open Space Regulations $591 $602 + TF (TMC Section 18.28.250 D. 4. d) Transit Reduction to Parking Requirements $591 $602 + TF (TMC Section 18.28.260. B. 5. b) Design; Review (TMC Section 18.60.030), Administrative $2,236 $2,281 + TF Public Hearing $4,006 $4,086 + TF Major Modification $1,370 $1,397 + TF Minor Modification $622 $635 + TF Parking Vai ces and, Special Perm, Is s Administrative Parking Variance $591 $602 + TF (Type 2 —TMC Section 18.56.140) Parking Variance $969 $988 + HE + TF (Type 3 —TMC Section 18.56.140) Parking Standard for use not specified $579 $591 + TF (TMC 18.28.250 D.4. d.1 and TMC 18.56. 100) Residential Parking Reduction $591 $602 + TF (TMC Section 18.56.065) Shared, covenant, Complementary Parking $591 $602 + TF Reduction (TMC Section 18.56.070) Parking Lot Restriping $591 $602 + TF (TMC Section 18.56.120) W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 3 of 12 73 Boundary Line Adjustment $1,677 $1,710 Plus + TF (TMC Chapter 17.08) 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Technology (TMC Chapter 17.08) Major Modification (TMC Section 18.46.130) $2,425 Fees Fee (TF) Variances, Special Permissions and Site Plan Review $3,817 $3,893 + TF Variances (TMC Section 18.72) $2,825 $2,882 + HE + TF Environmentally Sensitive Areas Deviation, $1,495 $1,525 + TF Buffer Reduction (TMC Chapter 18.45) Reduced fee for LDR homeowners, no $591 $602 associated short plat Reasonable Use Exception $2,991 $3,050 + HE + TF (TMC Section 18.45.180) Exception from Single Family Design Standard $591 $602 + TF (TMC Section 18.50.050) Special Permission Cargo Container $591 $602 + TF (TMC Section 18.50.060) Landscape Perimeter Averaging $591 $602 + TF (TMC Section 18.52.060) Tree and Landscape Modification Permit and $105 $107 + TF Exceptions (TMC Chapter 18.54) Boundary Line Adjustment $1,677 $1,710 $2,216 + TF (TMC Chapter 17.08) Public Hearing (TMC Section 18.46. 110) $4,986 $5,085 Lot Consolidation $622 $635 $602 + TF (TMC Chapter 17.08) Major Modification (TMC Section 18.46.130) $2,425 $2,473 Short Plat (2-4 lots) $3,817 $3,893 + TF (TMC Chapter 17.12) Short Plat (5 -9 lots) $4,344 $4,431 + TF (TMC Chanter 17.12) Subdivision: Preliminary Plat (10+ lots) $4,986 $5,085 + HE + TF (TMC Section 17. 14-020) Final Plat (10+ lots) $2,991 $3,050 + TF (TMC Section 17.12.030 Binding Site Improvement Plan $3,817 $3,893 + TF (TMC Chanter 17.16) Planned Residential Development: Administrative (TMC Section 18.46. 110) $2,173 $2,216 + TF Public Hearing (TMC Section 18.46. 110) $4,986 $5,085 + TF Minor Modification (TMC Section 18.46.130) $591 $602 + TF Major Modification (TMC Section 18.46.130) $2,425 $2,473 + TF W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 4 of 12 Checklist $1,709 $1,743 $1,205 Plus SEPA EIS $2,991 $3,050 2015 2016 Hearing Plus Decision Type $4,495 Fee Fee Examiner Technology $5,699 + TF SEPA Exemption Letter $348 Fees Fee (TF) Wireless Cammulriicatiion Facility (TMC Chapter 18.58:050) Sensitive Area Master Plan Overlay (TMC 18.45.160) $4,986 $5,085 $3,879 Minor (Type 1) + HE $591 $602 $105 + TF Administrative (Type 2) + TF $1,677 1,710 $3,050 + TF Major or Height Waiver (Type 3) (TMC Chapter 18.66) $3,352 $3,419 + HE + TF Checklist $1,709 $1,743 $1,205 + TF SEPA EIS $2,991 $3,050 $2,818 + TF SEPA Planned Action $591 $602 $4,495 + TF SEPA Addendum $591 $602 $5,699 + TF SEPA Exemption Letter $348 $355 $243 + TF Sensitive Area Master Plan Overlay (TMC 18.45.160) $4,986 $5,085 $3,879 + TF Substantial Development Permit: (TMC Chapter 18.44) Project value: $5,000-$10,000 $1,181 $1,205 + TF $10,001 - $50,000 $2,763 $2,818 $667 + TF $50,001 - $500,000 $4,406 $4,495 $1,454 + TF More than $500,000 $5,588 $5,699 + TF Permit Exemption Letter, Shoreline $243 $248 + TF Conditional Use Permit, Shoreline (TMC 18.44.050) $3,879 $3,957 + HE + TF Shoreline Tree Permit TMC Chapter 18.44 $105 $107 + TF Shoreline Environment Redesignation $2,991 $3,050 + TF Type 1 $485 $494 + TF Type II $654 $667 + TF Type III $1,454 $1,483 + HE + TF Use, Pern9it Conditional Use Permit $3,879 $3,957 + HE + TF (TMC Section 18.64.020) Unclassified Use Permit $4,986 $5,085 + TF (TMC Chapter 18.66) TSO Special Permission Use $969 $988 + HE + TF (TMC Section 18.41.060) W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 5 of 12 75 Development Agreement $1,994 $2,034 $65.00 + Technology Fee Plus Code Interpretation (TMC Section 18.90.010) $348 $355 2015 2016 Hearing Plus Decision Type $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or Fee Fee Examiner Technology + TF Preapplication Meeting $485 Fees Fee F Comprehensive Plan Changes (TMC'Chgpter 18.84) Mailing Fee to Generate Labels, per project $458 $467 Rezone (Map Change) $8,443.25 for the first $1,000,000, plus $4.70 for each additional $1,000, $3,489 $3,559 $1 + TF Comprehensive Plan Amendment thereof + Technology Fee $3,988 $4,068 + TF Zoning Code Text Amendment $4,533 $4,624 + TF Development Agreement $1,994 $2,034 $65.00 + Technology Fee + TF Code Interpretation (TMC Section 18.90.010) $348 $355 $2,001 to $25,000 + TF Zoning Verification Letter $348 $355 $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or + TF Legal Lot Verification $559 $570 + TF Preapplication Meeting $485 $494 fraction thereof, to and including $500,000 + Technology Fee + TF Mailing Fee to Generate Labels, per project $458 $467 $1,000,001 to $5,000,000 $8,443.25 for the first $1,000,000, plus $4.70 for each additional $1,000, Public Notice Mailing Fee per address for each mailing $1 $1 $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction Section 5. Building permit fees will be charged according to the following schedule: BUILDING PERMIT FEE SCHEDULE Total Valuation Building Permit Fees $1 to $500 $65.00 + Technology Fee $501 to $2,000 $65.00 for the first $500, plus $4.30 for each additional $100, or fraction thereof, to and including $2,000 + Technology Fee $2,001 to $25,000 $129.50 for the first $2,000, plus $19.60 for each additional $1,000, or fraction thereof, to and including $25,000 + Technology Fee $25,001 to $50,000 $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $100,000 $983.25 for the first $50,000, plus $10.60 for each additional $1,000, or fraction thereof, to and including $100,000 + Technology Fee $100,001 to $500,000 $1,511.60 for the first $100,000, plus $8.50 for each additional $1,000, or fraction thereof, to and including $500,000 + Technology Fee $500,001 to $1,000,000 $4,906.30 for the first $500,000, plus $7.00 for each additional $1,000, or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 to $5,000,000 $8,443.25 for the first $1,000,000, plus $4.70 for each additional $1,000, or fraction thereof, to and including $5,000,000 + Technology Fee $5,000,001 and up $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction thereof + Technology Fee W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs 76 Page 6 of 12 A.4-Mon-Structural Plan Review Fee. A non - structural plan review fee shall be paid at the time of submitting plans and specifications for review. The non - structural plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee schedule. The non - structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. B.2-.Structural Plan Review Fee. Where a structural plan review is deemed necessary, a structural plan review fee shall be charged. The structural plan review fee shall be 35% of the calculated non - structural plan review fee. C. Southcenter Buildinq Permit Fee Deferral Program 1. In order to encourage residential and mixed -use development within the Tukwila Urban Center Transit - Oriented Development (TUC -TOD) zoning district, fee deferral of all or a portion of a required building permit fee for a project may be granted provided the following criteria are met: a. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement will apply and pay all required plan review fees. The building permit fee being considered for deferral must be greater than $300,000. b. Before issuance of the building permit, the property owner must submit a written letter requesting that the building permit fee be deferred. The City will not consider any fee deferral request from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. A parcel is only eligible to have one fee deferral granted for one building permit for a project. c. The project must be located west of the Green River and be within the TUC -TOD zoning district per Figure 18 -16, District Map, in Title 18 of the Tukwila Municipal Code. d. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential' does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. e. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred building permit fee, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and /or surety bond. W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 7 of 12 77 2. The Mayor may consider other relevant information in approving the fee deferral request including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred building permit fee. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he /she deems necessary to meet the intent of this resolution. to protect the financial interest of the City, and /or to protect the public welfare. 3. The building permit fee may be deferred up to 24 months after issuance of the building permit and must be paid before the City will issue a certificate of occupancy for the building. 4. Interest shall be charged on the deferred building permit fee. The interest rate shall be the same as the stated interest rate on the Two Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. 5. The building permit fee deferral agreement may be consolidated with any agreements to defer transportation, fire, or park impact fees as outlined in TMC Chapters 9.48, 16.26, and 16.28. 6. OnIX the building permit fee due at time of issuance of the building permit is eligible for deferral. All other fees including, but not limited to, building permit plan review fees, utility connection fees, and fees related to mechanical, plumbing, land use, sign, and public works fees are due in the normal course of business, as typically charged to other applicants. W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 8 of 12 i Section 6. Mechanical permit fees will be charged according to the following schedule: MECHANICAL PERMIT FEE SCHEDULE Valuation of $32.50 + Technology Fee Work (Total Mechanical Permit Fee Contract Amount For each additional fixture $14.00 + Technology Fee $32.50 for issuance of each permit (base fee) + Technology Fee $250 or less $65.00 + Technology Fee $251 to $500 $65.00 for first $250, plus $7.83 for each $100 or fraction thereof, to $14.00 + Technology Fee and including $500 + Technology Fee $501 to $1,000 $84.60 for the first $500, plus $8.70 for each $100 or fraction thereof, to $29.10 + Technology Fee and including $1,000 + Technology Fee $1,001 to $5,000 $128.10 for the first $1,000, plus $9.65 for each $1,000 or fraction $14.00 + Technology Fee thereof, to and including $5,000 + Technology Fee $5,001 to $50,000 $166.70 for the first $5,000, plus $10.05 for each $1,000 or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $250,000 $639.20 for the first $50,000, plus $8.40 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 to $1,000,000 $2,319.20 for the first $250,000, plus $7.40 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 and up $7,869.20 for the first $1,000,000, plus $6.70 for each $1,000 or fraction thereof + Technology Fee Section 7. Plumbing permit fees will be charged according to the following schedule: PLUMBING PERMIT FEE SCHEDULE Permit Issuance — Issuance of each permit (base fee) $32.50 + Technology Fee Unit Fee Schedule (in addition to base fee above: For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $65.00 + Technology Fee For each additional fixture $14.00 + Technology Fee For each building sewer and each trailer park sewer $24.80 + Technology Fee Rain water system — per drain (inside building) $14.00 + Technology Fee For each water heater and /or vent $14.00 + Technology Fee For each industrial waste pretreatment interceptor, including its trap and vent, except for kitchen type grease interceptors $28.00 + Technology Fee For each grease interceptor for commercial kitchens $29.10 + Technology Fee For each repair or alteration of water piping and /or water treating equipment, each occurrence $14.00 + Technology Fee For each repair or alteration of drainage or vent piping, each fixture $14.00 + Technology Fee W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 9 of 12 W PLUMBING PERMIT FEE SCHEDULE (continued) For each medical gas piping system serving one to five $82.00 +Technology Fee inlets /outlets for a specific as $81.90 + Technology Fee For each additional medical gas inlets /outlets $16.20 + Technology Fee For each lawn sprinkler system on any one (1) meter including $29 10 + Technology Fee backflow protection devices therefor. For atmospheric -type vacuum breakers not included in lawn sprinkler backflow protection: 1 to 5 .... $14.00 + Technology Fee Over 5... $14.00 for first 5 plus $3.25 for each additional + Technology Fee For each backflow protective device other than atmospheric type vacuum breakers: 2 -inch diameter and smaller... $29.10 + Technology Fee Over 2 -inch diameter: ........ ... $32.25 + Technology Fee Section 8. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE 1. Permit Issuance: For issuing each permit (base fee): ($0 if permit is in conjunction with $32.50 + Technology Fee a plumbing permit for an appliance with both plumbing and gas connection. 2. Unit Fee Schedule (in addition to item in subparagraph 7.9.): For each gas piping system of one to five outlets $65.00 + Technology Fee For each additional gas piping system outlet, per outlet $14.00 + Technology Fee Section 9. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE 1. NEW SINGLE - FAMILY DWELLINGS New single - family dwellings (including a garage) $152.85 + Technology Fee Garages, pools, spas and outbuildings $81.90 + Technology Fee Low voltage systems $59.85 + Technology Fee WAWord Processing \Resolutions \Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs :1 Page 10 of 12 ELECTRICAL PERMIT FEE SCHEDULE (continued) SINGLE- FAMILY REMODEL AND SERVICE CHANGES Service change or alteration -no added /altered circuits $81.90 + Technology Fee Service change $81.90 with added /altered circuits, plus $11.55 for $81.90 + Technology Fee each added circuit maximum permit fee $152.85 $86.25 + Technology Fee Circuits added /altered without service change (includes up to 5 $54.60 + Technology Fee circuits $65.00 for the first $250 plus $4.30 for each $100 or fraction thereof, to and Circuits $54.60 added /altered without service change (more than $54.60 + Technology Fee 5 circuits); $7.65 for each added circuit (maximum permit fee $98.70 $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, + Technology Fee to and including $5,000 + Technology Fee Meter /mast repair $68.25 + Technology Fee Low voltage systems $59.85 + Technology Fee MULTI - FAMILY AND COMMERCIAL (including low voltage) Valuation of $65.00 + Technology Fee Work (Total Permit Fee Contract Amount) $86.25 + Technology Fee $250 or less $65.00 + Technology Fee $251 - $1,000 $65.00 for the first $250 plus $4.30 for each $100 or fraction thereof, to and • Each concession fee including $1,000 + Technology Fee $1,001 - $5,000 $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, Inspections or plan review not specified elsewhere (one -half hour minimum). Safety inspections, plan revisions. to and including $5,000 + Technology Fee $5,001 - $50,000 $183.30 for the first $5,000 plus $17.70 for each $1,000 or fraction thereof, Disaster recovery emergency repair permit (residential structures only) to and including $50,000 + Technology Fee $50,001 - $250,000 $979.15 for the first $50,000 plus $12.90 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 - $1,000,000 $3,567.20 for the first $250,000 plus $9.15 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee Over $1,000,000 $10,440.70 plus 0.5% of cost over $1,000,000 + Technology Fee 4. MISCELLANEOUS ELECTRICAL PERMIT FEES Temporary service (residential) $65.00 + Technology Fee Temporary service /generators $80.90 + Technology Fee Manufactured /mobile home parks and RV park sites, each service and feeder $86.25 + Technology Fee Carnivals: • Base fee $80.60 + Technology Fee • Each concession fee $10.80 + Technology Fee • Each ride and generator truck $10.80 + Technology Fee Inspections or plan review not specified elsewhere (one -half hour minimum). Safety inspections, plan revisions. $66.50 /hour Adult family home inspection (paid at the time of scheduling the inspection) $66.50 Disaster recovery emergency repair permit (residential structures only) $20.00 W: \Word Processing \Resolutions\Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs Page 11 of 12 Section 10. Other inspections and fees will be charged according to the following schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three hour minimum charge) $100.00 /hour Re- inspection fee $66.50 /hour Inspection for which no fee is specifically indicated — investigations or safety $66.50 /hour inspections Additional plan review required by changes, additions, or revisions to approved $66.50 /hour tans minimum charge one -half hour Work commencing before permit issuance shall be subject to an investigation fee 100% of the permit equal to 100% of the permit fee. fee Plan review fee — Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered without inspection or work not ready at the time of inspection may be charged a re-inspection fee of $66.50. Expired permit final – includes two inspections $133.00 Expired permit final – each additional inspection $66.50 Minor residential remodel plan review and permit (projects up to $20,000) $20.00 Section 11. Effective Date. This resolution and the fee schedules contained herein shall be effective as of October 20, 2015. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Kate Kruller, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing \Resolutions\Bldg permit fee sched -fee deferral process 9 -22 -15 BM:bjs i Page 12 of 12 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety FROM: Brandon J. Miles, Economic Development Liaison DATE: April 24, 2015 SUBJECT: Washington Place Development Building and Impact Fee Deferral ISSUE Proposed deferral of some development fees associated with the Washington Place Development, located at 223 Andover Park East (former Circuit City property). BACKGROUND The owners of 223 Andover Park East are proposing to the construct the City's first residential high rise. When constructed, the 19 -story building will be the tallest building between Seattle and Tacoma and will include multi - family units (apartments or condos) and a full service hotel. The project is located within the Transit Oriented Development area or TOD of the City's Southcenter District. The TOD is envisioned to be a high density area with amenities that encourage walking and development that benefits from the proximity to the Sounder Station located east of the Green River and the Metro Transit Center located along Andover Park West, adjacent to Southcenter Mall. Over the last two years the City has taken various actions regarding the Washington Place Development in order to encourage the project to move forward since it fits the vision of the area. Development Agreement and Amendment In March of 2013 the City executed a development agreement (DA) with South Center WA, LLC, the owners of the property. The City executed an amendment to the DA in June of 2014. The initial DA and amendment provided the following modifications to the City's development standards: • Heigh. Half of the site may have a building that exceeds the maximum height in the zone, up to 190 feet. • Open Space. The open space requirements for the project were reduced. Each residential unit is required to have at least 45 square feet and each hotel room is required to have 25 square feet of open space. Clarification was also provided on what the City would consider as open space. • Condominiums. The multi - family units must be constructed in a manner so that they can be converted to condominiums at a later date. This includes that each unit have its own, separate electrical meter. • Parking. The City reduced the minimum number of required parking stalls for the project. The property owner is required to operate a shuttle and have valet parking on the site. FW INFORMATIONAL MEMO Page 2 • Signage. The permitted size of wall signs on the building was increased; however, other types of signs, generally permitted on other types of buildings, were prohibited. • Residential Component. The project must include at least 250 residential units. The DA will expire at the end of 2015 if a building permit has not been issued for the building. Approval of Multi - Family Tax Exemption Ordinance In order to encourage residential development within the TOD, the City Council approved a multi - family tax exemption ordinance on December 1, 2014. As the Council may remember, multi - family exemptions are permitted under State law and are used in many cities in the State to encourage multi - family development. The multi - family tax exemption ordinance allows for a significant reduction in the property valuation of projects that include a multi - family component within the TOD (west of the River). For example, the City has estimated that in the first year after the project is constructed, the City's share of property taxes will be reduced from $240,000 to $75,000. The savings to the property owner will be much more dramatic because the reduction in property valuation reduces the property taxes paid to all agencies (Washington State, King County, City of Tukwila, and Tukwila School District). Note: that the Ordinance does not reduce the taxes already received from the property. It only delays the collection of additional property taxes associated with the residential development. The property tax exemption only applies to the residential component of the project. The hotel and commercial space would not be eligible for a reduction in value. Land Use Approvals and Construction Permits The City issued a SEPA Determination of Non - Significance (E14 -0003) on May 18, 2014. Design review approval was granted on May 23, 2014 (L14- 0016). The property owner has requested modifications to the approved design review application (L14- 0055). A comment letter (via email) was provided to the applicant's representative on October 29. 2014 seeking additional information regarding the design review modification request. A demolition permit was issued on September 19, 2014. A foundation only permit for the new building is currently pending. DISCUSSION Economic Development staff has estimated that the project will be required to pay the City over $1.5 million in building and impact fees'. The City's Building Division estimates the total building construction costs at approximately $74 million, thus the permit fee represents approximately 1.8% of the total project costs. The collected building permit fees are used for plan review and inspection to support the City's oversight of construction standards in the City. Impact fees are used to fund capital projects related to expanding capacity for traffic, parks, and fire services. 1 This is an estimate only, based upon limited information available to the City. Final permit fees will be calculated once a complete building permit application is submitted to the City. Additionally, the $1.5 million does not include pass through fees, water connection fees, and other fees associated with other permits issued by the City. The fee amount is provided for discussion purposes only. 84 M2015 Info Memos\WashPlacefeeDeferral.doc INFORMATIONAL MEMO Page 3 During the July 2014 Council review of the DA, its one amendment, and the multi - family tax exemption there was discussion about what else could be done regarding development and impact fees related to the project. A residential high rise in the Southcenter area of the City is an unproven development type. Many residential housing developers have expressed reluctance to develop in the City's Urban Center because there are no existing rent comparisons on new apartments or condos in or near the TOD district, especially for an urban product. Without rent comparable, proposed projects appear risky and are hard to finance. This sentiment of housing developers is supported by the conclusion of a report that the City had commissioned in 2014 regarding the project. Heartland, LLC, hired by the City, concluded, "...even under optimistic circumstances, the project would not meet financial expectations of market based investors or lenders." [It should be noted that the developers for the project have indicated that they have secured funding through the Federal Government's foreign investor visa program (EB -5]. The proposed project has considerable upside for the City. If successful, the project could demonstrate that residential development can succeed in the City's Urban Center. The project could help jumpstart residential and mixed use development and make the City a viable alternative to Seattle and Bellevue for these types of developments. However, the developer for the project does have to deal with soil conditions that are not present in downtown Bellevue and most of downtown Seattle. Tukwila's Urban Center is located in an old floodplain and developers must bore below the flood sediment to reach bedrock for the footings. This adds additional costs for developers of tall buildings, such as the Washington Place building. Imaact Fee Clarification Staff has been examining ways to reduce the impact of the City's fees as applied to the project. In August of 2014, the City was able to clarify the traffic, parks, and fire impact fees required for the project. This resulted in a reduction of nearly $300,000 in the amount of impact fees due. This is not a waiver of impact fees. Under State law, and the City's ordinance enabling for the collection of impact fees, the City must provide a process to reduce fees on a project by project basis. The reduction is based on an objective review related to the specific impacts associated with the individual project. Examination of Further Fee Reductions The Washington Place owners have requested that building permit fees for the project be reduced. The estimated building permit fee for the project is just over $568,000. Payment of building permit fee is divided into two payments, one payment is due at submission of the building permit. This is known as the "plan check" fee. This payment is intended to cover the City's staff time in reviewing the plans and other documentations prior to the permit being issued. The next payment for the building permit comes at issuance of the building permit. This payment is intended to cover staff time associated with conducting inspections as the project is constructed 2. Additionally, the impact fees are collected at time of issuance of the building permit. Z Staff time is during normal business hours. A project can request inspections at night or on the weekends, provided arrangements are made to cover the City's overtime costs. WA2015 Info MemosMashPlacefeeDeferral.doc 85 INFORMATIONAL MEMO Page 4 The table below shows the estimated fees (building and impact only) for the Washington Place Project. Table 1, Estimated Building and Impact Fees for Washington Place Staff examined if there were ways to reduce the City's building permit fees. Fees collected from building permits are directed to the City's general fund and are used to compensate the City for the cost associated with operating construction inspection services (Building, Planning, Fire, and Public works), as well as expenses associated indirect costs (Finance, IT, fleet and facilities). Reducing fees would require that the City examine its revenue and costs associated with building permit administration and would have be done citywide, not for a specific project. The current building permit fees were adopted by the Council via resolution and apply uniformly across the City. Building permit fees and other land use fees were increased during the City's budget challenges with the recession. The goal of increasing the fees was to make construction services and current planning, "self- funded." There are no City policies that would allow for a reduction of building permit fees for one specific project. In order to reduce building permit fees the City would have to amend the resolutions that levy the fees. Staff does not believe that this should be done without a comprehensive look at the City's revenues and costs. The owners of Washington Place project have suggested that the City enact lower fees in the TOD area of the TUC as a way to encourage residential development. While this is an innovative idea, staff is unsure if reducing fees in one area of the city would be legal (gifting of public funds). Even if it were legal, the City would have to consider the policy implications of allowing lower fees in one area of the City, while charging higher fees in another area. As mentioned above, impact fees will be collected from the project at time of issuance of the building permit. Impact fees are used by the City to pay for the construction of capital projects that increase capacity for roads, parks, and fire services. Some of the impact fees collected for this project will be used to pay for relocating Fire Station 51, the construction of the pedestrian bridge over the Green River, and for various traffic improvements in the Southcenter area. Under State law, waiving impact fees for an individual project requires that the City makes up the difference in the funds not collected. If the City wanted to reduce the impact fees for Washington Place it would have to enact reductions citywide. This is something that would require significant study and research, not something that could be accomplished in the next few months. Staff does not recommended that the City reduce building or impact fees for the Washington Place project for the reasons outlined above. Changes to the City's various fee ordinances should only be made after careful consideration of the City's revenue streams and cost of services. This would require a considerable amount of staff time and time by the City Council in reviewing the final results. WA2015 Info MennosMashPlacefeeDeferral.doc 86 Due at Application: Due at Issuance: Building Fee $217,316 $351,050 Traffic Impact $0.00 $48,894 Park Impact $0.00 $338,326 Fire Impact $0.00 $308,656 Total: $217,066 $1,046,926 Staff examined if there were ways to reduce the City's building permit fees. Fees collected from building permits are directed to the City's general fund and are used to compensate the City for the cost associated with operating construction inspection services (Building, Planning, Fire, and Public works), as well as expenses associated indirect costs (Finance, IT, fleet and facilities). Reducing fees would require that the City examine its revenue and costs associated with building permit administration and would have be done citywide, not for a specific project. The current building permit fees were adopted by the Council via resolution and apply uniformly across the City. Building permit fees and other land use fees were increased during the City's budget challenges with the recession. The goal of increasing the fees was to make construction services and current planning, "self- funded." There are no City policies that would allow for a reduction of building permit fees for one specific project. In order to reduce building permit fees the City would have to amend the resolutions that levy the fees. Staff does not believe that this should be done without a comprehensive look at the City's revenues and costs. The owners of Washington Place project have suggested that the City enact lower fees in the TOD area of the TUC as a way to encourage residential development. While this is an innovative idea, staff is unsure if reducing fees in one area of the city would be legal (gifting of public funds). Even if it were legal, the City would have to consider the policy implications of allowing lower fees in one area of the City, while charging higher fees in another area. As mentioned above, impact fees will be collected from the project at time of issuance of the building permit. Impact fees are used by the City to pay for the construction of capital projects that increase capacity for roads, parks, and fire services. Some of the impact fees collected for this project will be used to pay for relocating Fire Station 51, the construction of the pedestrian bridge over the Green River, and for various traffic improvements in the Southcenter area. Under State law, waiving impact fees for an individual project requires that the City makes up the difference in the funds not collected. If the City wanted to reduce the impact fees for Washington Place it would have to enact reductions citywide. This is something that would require significant study and research, not something that could be accomplished in the next few months. Staff does not recommended that the City reduce building or impact fees for the Washington Place project for the reasons outlined above. Changes to the City's various fee ordinances should only be made after careful consideration of the City's revenue streams and cost of services. This would require a considerable amount of staff time and time by the City Council in reviewing the final results. WA2015 Info MennosMashPlacefeeDeferral.doc 86 INFORMATIONAL MEMO Page 5 Fee Deferral Economic Development staff has examined the feasibility of deferring fees from being collected for the project. A fee deferral is not a fee reduction or waiver, but involves simply delaying the collection of fees. Several cities, such as Olympia and Sammamish allow for fee deferrals'. Developers often express concerns with the timing of cash outlays that are required for construction projects. A developer expends considerable cash to move a construction project forward prior to generating any rent or income from a project. For example, Washington Place will likely require two years of construction before it is open and able to start collecting rent from tenants and the hotel. A fee deferral shifts the fees due into the future and thus allows the developer to be closer to generating income before paying the fees. Since the City desires to see residential development in the TOD area, a fee deferral program could provide an incentive to assist developers in moving construction projects forward. If structured correctly, staff believes that a fee deferral program would be consistent with State Law. The following outlines general eligibility requirements and terms for how a fee deferral program could work. Eligibility requirements: 1. The project must be located within the Tukwila Urban Center's Transit Oriented Development district and west of the Green River. 2. The project must include at least 100 residential units and more than 50% of the net leasable area must be used for residential purposes. 3. The property owner of the project must execute an agreement with the City. Terms that would apply to any eligible fee deferral: 1. The building permit fee that is normally due at issuance, for the entire project, may be deferred for up to two years and must be paid before the City will issue a certificate of occupancy. 2. Development impact fees, collected by the City, for the entire project may be deferred and paid in equal, annual installments over eight years. The first payment is due within 36 months from the issuance of the first building permit. 3. The plan check fee and other land use, fire, and development fees will not be deferred and will be due according to standard City policy4. 4. The City will provide a non - binding estimate of the amount of fees (building and impact fee only) to be deferred after the City receives a complete building permit application. Any fee not listed in the non - binding estimate is not part of the fee deferral and shall be paid according to City policy. 5. The City will approve the amount of fees to be deferred when it is ready to issue a building permit. 6. Interest on the fees deferred will accrue from the date the building permit is issued. 7. Interest will be based on the stated rate for a 10 -Year US Treasury Bond on the date of permit issuance. Interest will be compounded annually. 8. The fee deferral will be secured with a revolving letter of credit for the outstanding fees, plus interest from a financial institution approved by the City. 3 The fee amounts deferred are very minor, with payment required prior to certificate of occupancy. 4 As discussed above, plan check fee is due at building permit submission. W:12015 Info MemosMashPlacefeeDeferral.doc 87 INFORMATIONAL MEMO Page 6 9. The financial institution must notify the City at least 30 days prior to the expiration or termination of the letter of credit. City may exercise the letter of credit for the total outstanding fees plus interest if the applicant does not provide another letter of credit satisfactory to the City at least 15 days prior to the expiration or termination of the letter of credit. 10. The City will have the right to exercise the letter of credit for the total outstanding fees plus interest if the applicant misses a payment. 11. The City may record the agreement against the property and the agreement will run with the land until fully paid. Table 2: Fee Deferral Payment Schedule as applied to Washington Place (Building and Impact Fees Onl .5 Paid at Time of: Year Permit Permit Certificate 2018 2019 2020 2021 2022 2023 2024 2025 Application Issuance of Occupancy 2015 2015 2017 $133,091 $0.00 $364,519 $97,508 $97,508 $97,508 $97,508 $97,508 $97,508 $97,508 $97,508 A fee deferral program would not have an impact on the City's ability to move ahead with capital projects funded by impact fees. The City's collection of impact fees has been slower than anticipated. Many of the projects funded primarily or partially with impact fees will move forward regardless of when the City has collected the budgeted impact fee amount or not. In the absence of grant funds, these project will be funded by the City with either bonds and /or having the general fund front the funds. Impact fees will simply payback the city for any funds that were advanced via bonds or the city's general fund. Some projects funded by impact fees are not even scheduled to move forward until after 2020. For example relocation of Fire Station #51 is budgeted to receive $331,000 in impact fees; however, construction of the fire station is currently scheduled to occur after 2020. One advantage of a fee deferral program for impact fees is that it delays starting the clock on the ten year expenditure requirement. Under State Law the city must use collected impact fees within ten years of when they were collected'. If they are not expended the City must return the funds, with interest. The ten year period does not start until the City collects the funds. Thus, by deferring the fees the City delays the starting date of the ten year period and also aligns the funds being received more closely with our expenditure outlays. Staff is proposing that a nominal interest rate be charged to the fees that are deferred. The interest rate standard proposed by staff is the rate on a US Ten Year Treasury Note at the time of issuance of the building permit'. Staff believes that this interest rate standard would cover the opportunity cost of lost revenue by delaying collection of the fees. 5 This table is provided for discussion purposes only and is not meant to be a final representation of the payment schedule. 6 Using the funds is very open and could include purchasing land, completing studies, or designing the capital project. On April 201h the stated interest rate was 1.90 %. 88 W:12015 Info Memos\WashPlacefeeDeferral.doc INFORMATIONAL MEMO Page 7 FINANCIAL IMPACT One possible financial impact would occur if the City moves ahead with construction projects that were funded with impact fees by securing funds with bonds. If the City's borrowing costs are higher than the interest that is charged on the deferred fees the City could incur a cost. However, this cost is only incurred if one assumes that the project would move forward without the deferral of fees. If Washington Place is not constructed the city would still incur bond costs associated with capital projects. RECOMMENDATION Staff does not recommend that the City reduce or eliminate building or impact fees. As discussed above, such a reduction would require careful review of the impacts to the City's general fund. Staff recommends that the City create a fee deferral program within the TOD area of the TUC to encourage residential housing. Staff's goal at this time is to discuss the fee deferral with Council and solicit feedback, with an Ordinance being presented to Finance and Safety in May. WA2015 Info MemosMashPlacefeeDeferral.doc 89 FINANCE AND SAFETY COMMITTEE Meeting Minutes May 5, 2095— 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie, De'Sean Quinn Staff: Derek Speck, Brandon Miles, Laurel Humphrey Guests: Christine and Omar Lee CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:35 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Washington Place Development Staff provided an update regarding the request from Omar and Christine Lee that the City reduce or defer fees and taxes for their mixed -use development project at 223 Andover Park East known as Washington Place. The project is viewed by the City as an excellent fit for the vision of the Transit Oriented Development (TOD) area and several significant City actions have been completed to encourage its progress, including modifications to development standards as reflected in an amended development agreement, approval of multi - family tax exemption within the TOD, and various land use and construction permit approvals. The development agreement expires at the end of 2015 if a building permit is not issued. Staff has estimated that over $1.5 million in building and impact fees will be required from this project under normal circumstances, and the developers have asked if there are ways to reduce this amount. Staff summarized the fee- related issues as follows: Building Permit Fees: Building permit fees go into the City's general fund and are used to support construction related services and indirect costs, applied to all projects uniformly. Building fees are adopted by Council resolution and staff does not have the authority to reduce or waive them. Impact Fees: Impact fees are used to fund capital projects related to expanding capacity for traffic, parks and fire services, and staff has authority to adjust these fees on a case by case basis. Following objective analysis in August 2014, a reduction of nearly $300,000 in impact fees was determined to be applicable to this project, and a second round of analysis is currently underway since this is a new type of development for the City. If the Council desired to amend code or policies leading to a reduction of building and /or impact fees for this project, these reductions would have to be applied City -wide. Analysis leading to this type of amendment would require considerable staff time and Council review. Fee Deferral: A fee deferral program is an option that allows developers to pay certain fees, normally due upon permit issuance, closer to the time when revenues can be collected from the project. A fee deferral program in the TOD is consistent with State law and could provide an incentive for further development consistent with the City's goals in that area. Several potential requirements and terms as described in the info memo were reviewed for the committee. Deferral of impact fees would not impact the City's ability to move forward with capital projects funded by these fees but instead reimburse the City for funds paid via bonds IN Ffnance & Safety Committee Minutes May 5, 2015 - Page 2 or the general fund. Establishing a fee deferral program would require code amendment, and staff is seeking Council direction on this issue prior to the development of any draft ordiOoOoeg. Am Committee members asked clarifying questions about the information presented. Committee Chair Hougardv asked Omar and Christine Lee for input, and they described the financial difficulties of project like this in Tukwila, which has significantly lower rents than in GaetUe and Bellevue, They assert that the hotel will be built but the residential aspect hangs in the balance. The Lees also shared a powerpoint presentation with graphic renderings and descriptions of amenities iO the proposed development. Committee members stated continued enthusiasm for this project but acknowledged the importance of fairness, Doting the City's inability to give special treatment to one developer. The Committee recommends that staff pursue the fee deferral proposal further and will share this recommendation with the Committee of the Whole. If there is consensus from the full Cnunci|, staff will develop the ordinances required and return to Committee, The Committee is not supportive of amending code or polices leading to the reduction of building and/or impact fees at this time. They requested additional City Attorney input into the developer's request for fee reductions. UNANIMOUS APPROVAL T0 FORWARD DISCUSSION T0 MAY 11, 2015 COMMITTEE OF THE WHOLE' BL Resolution: Expressing Support for Combatting Commercial Sexual Exploitation This Council-initiated resolution expresses support for combating nomnnonza| sexual exploitation through comprehensive demand enforcement, deterrence and prevention, as well as support for the "Buyer Bevvanm^ initiative led by the King County Prosecuting Attorney's Office. There is increasing emphasis by law enforcement and service agencies locally and nationally tn combat trafficking and sexual exploitation bypursuing and deterring the buyers of sex and not punishing those children and vulnerable adults who are victimized by the industry. Buyer Beware is a partnership between law enforcement, attorney, and service organizations to make progress in this area via education and |OtunxanUon programs. UNANIMOUS APPROVAL FORWARD TO MAY 11.2015 COMMITTEE OF THE WHOLE. 111. MISCELLANEOUS Staff provided follow up to the April 7. 2015 meeting in which the Committee heard o request from the owners of ABC Tov/mQ for the City to look into its policies regarding the Police Department's contract with a Renton-based towing company. Their position was that sales tax on towing services is collected based on the location from which the truck is dispatched, and therefore the City would benefit from using a Tukwila company for this service. Staff was able to confirm that the current contract was established in 1998 and last amended in 2007. The City does not have a policy nor does state law require periodic contract rebidding for services. The Committee asked that the Police Department provide additional information regarding the current contract as well as the impacts that would occur if it were to be rebid. Meeting adjourned at 7:20 p.m. Next meeting: Tuesday, May 1S.2O15-5:3Op.nl.- Hazelnut Conference Room i� ) q, q Committee Chair Approval WA May 11, 2015 Dear Honorable Councilmembers: We respectfully asking the Councilmembers to consider a different method in calculating for the following two fees: 1) Interest rate for deferral fee: Use 3 year Treasury bill rate instead of 10 year. 2) Fire and Park Impact Fee: Use actual square footage instead of unit count. Based on professional market studies, we have revised our plans according to their recommendations per market demand in the past couple years: Year Total Units Total Sq. Ft. 2012: 252 220,000+ 2013: 282 220,000+ 2014: 371 196,376 Currently, the fire impact fee is based on $1200 per unit and park impact fee is based on $1398 per unit. The reason for our request is because Washington Place is an early pioneer project. There is really no established comps for the rental market. According to our studies (attached market analysis), the comparable market rent we projected for this project is about 50% less than the City of Bellevue and City of Seattle. However it is about 60-80% higher than the current City of Tukwila rentals. Therefore, it will take a longer time for profitability on this project. We respectively request you to encourage the City staff to review the above current methods. I have made several phone calls for information regarding impact fees. And discovered that several cities do not have impact fees such as Kent, Seatac and Bellevue. City of Renton will waive all impact fees, plus 10 year property tax waiver for us to develop in their City. We have chosen the City of Tukwila, because we believe in this City. We are not asking you to waive the fees, but to use a calculation method more consistent with other local jurisdictions. Thank you for your consideration. Best Regards, and Christine Lee 93 Rental Rates Comparison Apr -15 Market Property Studio 1 Bedroom 2 Bedroom Built Rent /Unit Unit Size $/ SQ.FT Rent /Unit Unit Size $/ SQ.FT Rent /Unit Unit Size AirMark Residence Seattle 2017 $ 789 322 $ 2.45 $ 1,195 556 $ 2.15 $ 1,494 854 $/ SQ.FT $ 1.75 Bellevue Tukwila The Wave 2014 $ 1,645 428 $ 3.84 $ 2,360 616 $ 3.83 $ 2,202 847 $ 2.60 Via 6 2013 $ 2,070 500 $ 4.14 $ 1,860 523 $ 3.56 $ 2,925 876 Dimension 2014 $ 1,745 451 $ 3.87 $ 1,945 538 $ 3.62 $ 2,975 971 $ 3.34 $ 3.06 Elements Too 2010 $ 1,445 429 $ 3.37 $ 1,600 568 $ 2.82 $ 2,180 894 $ 2.44 Avalon Towers 2010 $ 1,635 513 3.19 $ 2,080 710 $ 2.93 $ 2,390 968 $ 2.47 Soma Towers 2014 $ 1,450 400 $ 3.63 $ 1,750 700 Terrace Apts $ 820 540 $ 1.52 $ 915 750 $ 2.50 $ 1.22 $ 2,400 1000 $ 2.40 $ 1,070 960 $ 1.11 Foster Creek Apts N/A N/A N/A $ 800 720 $ 1.11 $ 950 989 $ 0.96 4 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes October 6, 2015 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; De'Sean Quinn, Joe Duffie Staff: Stephanie Brown, Derek Speck, Mary Miotke, Brandon Miles, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Amendment: Human Resources Operations and Strategic Plan Staff is seeking Council approval of a contract amendment with John Luthy of the Futures Corporation to fund his services toward operations and strategic plan development for the Human Resources, Finance, and Parks and Recreation Departments. The request is to amend the contract for an additional $25,000, not to exceed $50,000. The departments each have funding available to cover this cost. Committee members were supportive of this ongoing work, citing the successful partnership between Mr. Luthy and the Technology Services Department, and requested that staff expand the informational memo to include detail on his qualifications and the expected outcomes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. B. Ordinances and Resolution: Fee Deferral Program Staff is seeking Council approval of a fee deferral program to be implemented in the Transit Oriented Development (TOD) area of the Southcenter zone in order to encourage residential development. Council gave direction at the May 11, 2015 Committee of the Whole meeting for staff to prepare the legislation that would support this program, which comprises three ordinances and one resolution. A fee deferral program is an option that allows developers to pay certain fees, normally due upon permit issuance, closer to the time when revenues can be collected from the project. If approved by Council, the program would apply to the Washington Place project currently under construction as well as future residential developments in the TOD area. Staff explained the terms and provisions applicable to impact fee deferral and building permit fee deferral as outlined in the memo and the draft legislation. Under this program, revenues will not be reduced. Interest will be charged on all fees deferred, based on the ten year US Treasury note for impact fee deferral and the two year US Treasury note for building permit fee deferral. 95 Finance & Safety Committee Minutes October 6, 2015 - Page 2 Following discussion with staff, Committee members expressed continued support for the fee deferral program. They recommended forwarding with approval the following items to the Committee of the Whole: • Ordinance adding a Transportation Impact Fee Deferral process in the TMC • Ordinance adding a Parks Impact Fee Deferral process in the TMC • Ordinance adding a Fire Impact Fee Deferral process in the TMC • Resolution adding a Building Permit Fee Deferral process to the consolidated permit fee schedule. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12, 2015 COMMITTEE OF THE WHOLE. C. 2015 2nd Quarter Cash and Investment Report Staff reviewed the 2nd Quarter Cash and Investment Report for 2015, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment. At June 30, 2014, the portfolio totaled $52.5 million comprising $9.4 million in cash and cash equivalents and $13.1 in longer term investments. This represents an $8.7 million increase from the March 31, 2015 balance, attributable to the collection of property taxes in the 2nd quarter. Additionally, bond proceeds of $5.8 million were received in April for the arterial street fund. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:00 p.m. Next meeting: Tuesday, October 20, 2015 — 5:30 p.m. — Hazelnut Conference Room +' Committee Chair Approval Minutes by LH •- COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial r Meeting Date Prepared by Mayor's review Council review 10/12/15 LH ITEM INFORMATION ITEM NO. 4.D. bV.A STAFTSPONSOR: LAUREL HUMPHREY 1ORI(.',1NALAGENI),\DATE: 10/12/15 AGENDA TITLE Council discussion on process for review of policy decisions related to fire service. CATEGORY Z Dhwusszon Mtg Date 10112115 F-1 Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Publie.f-learin ,g Mtg Date [:] Otber Mtg Date SPONSOR Z Countil E] Mayor [:] HR ❑ DCD O.Finance [:] Eire ❑ IT ❑P&R [:].Police PfV ❑ El PWI SPONSOR'S Council President Kruller requests a Council discussion on the next steps for review of SUMMARY policy decisions associated with the City's current review of annexation to the Kent RFA. Next steps could include a Council work session, an appointed ad-hoc committee, or other emergent ideas. The RFA Finance Committee has completed its work and the Steering Committee plans an update to the Council at the October 19, 2015 meeting. RfIvu,'W-J) BY Z cow mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Council President Kruller Commi'l'i'l."J". COST IMPACT / FUND SOURCE ExPENI)rruiu,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS bV.A Upcoming Meetings & Events October 2015 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday) ➢ Community ➢ Utilities Crate, ➢ Regional Fire ➢ Tukwila Duwamish Alive! Affairs & 5:30 PM Authority Historical Work Parties Parks Cmte, (Foster Annexation Society, Duwamish Hill 5:30 PM Conference Steering 7:00 PM Preserve (Hazelnut Room) Committee (Tukwila (3800 South 115`h Conference 5:30 -7:30 PM Heritage & Street) and at Room) (Fire Station 51, Cultural Duwamish Shoreline ➢ Tukwila 444 Andover Park Center, 14475 10:00 M- 1: 0 PM 10:00 AM - 1:00 PM International East ) n 59` Ave S) w .duwamishalive.ora. ➢ City Council Boulevard Committee of Action Crate, the Whole 7:00 PM Mtg., (Valley View 7:00 PM Sewer Dist., (Council 3460 S 148th) Chambers) 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday) ➢ Transportation ➢ Finance & ➢ Park Commission, ➢ Planning Cmte, Safety Crate, 5:30 PM -, Commission, 5:15 PM 5:30 PM (Community Cancelled (Foster (Hazelnut Center) Conference Conference Room) Room) ➢ City Council Regular Mtg., Let's Be Safe 7:00 PM Community Event (Council Come join the Chambers) Tukwila Police and Fire Departments to learn how to keep your family and community safe and discuss current safety issues. 5:30 - 8:00 PM (Showalter Middle School, 4628S. 144Th St) Free Dinner and Childcare. For more information contact Joyce Trantina at (206) 433 -1868 ➢ Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ Civil Service Commission: I st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206- 431 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room (A) An ordinance updating regulationsfor vehicle parking on residential properties. (B) An ordinance relating to regulations regarding parking within the City. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206 - 431 -2197 ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206 - 433 -1868. ➢ Finance & Safety Committee: 1 st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. ➢ Library Advisory Board: Ist Tues., 7:00 PM, Community Center. Contact Tracy Gallaway at 206- 767 -2305. ➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Planning Commission/Board of Architectural Review: 4h Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetia Bivens at 206-431-3670 ➢ Transportation Committee: 1 st & 3rd Mon., 5:15 PM, Foster Conf. Room ➢Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59`h Avenue S. Contact Louise Jones -Brown at 206 - 244 -4478. ➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206 - 433 -1815. ➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room (A) Puget Sound Energy Inc. Ordinance approving Franchise Agreement. (B) CBD Sanitary Sewer Rehabilitation two bid awards. (C) Duwamish Gardens Grand Amendment -Recreation and Conservation Office. (D) Duwamish Gardens Real Estate Exchange & Purchase Agreement and Indemnity Agreement. Tentative Agenda Schedule October 15 November 12 Special Presentations: -Fire Department promotions, awards and new employees. - Emergency Management update on Okanogan EOC response. Proclamations: A proclamation honoring veterans. Unfinished Business: - Tukwila Village Purchase and Sale Agreement. -An ordinance relating to residential parking. -An ordinance relating to Parking Regulations within the City. 100 12 See agenda packet cover sheet for this 19 Special Presentation: 26 Special Issues: -An ordinance Update on Green Dot week's agenda Campaign. p relating to (October 12, 2015 residential parking. Committee of the Whole -An ordinance Meeting). Appointment: relating to Parking Appointment to Regulations within COPCAB. the City. - Tukwila Village Purchase and Sale Unfinished Business: Agreement. -A resolution - Discussion and expressing support consensus on Sound for the "Best Starts for Cities Association Kids Levy ". Public Issues - Impact Fee Defferals. Committee (SCA - Update of Regional PIC). Fire Authority Annexation Steering Committee. 9 16 Special Presentation: 23 Special Issues: - Discussion on Valley Communications Council vacancy process. - Discussion and consensus on Sound Cities Association Public Issues Committee (SCA PIC). Committee of the Whole meeting to be followed by Special Meeting.