HomeMy WebLinkAboutFS 2011-06-07 COMPLETE AGENDA PACKET City of Tukwila Distribution:
K. Hougardy
3. Hernanez
Finance and Safety D. Robertson
A. Ekberg
Committee Mayor Haggerton
S. Lancaster
O Kathy Hougardy, Chair C. o 'Raherty
h�
O Joan Hernandez S. Kerslake
K. Mate]
0 Dennis Robertson
AGENDA
TUESDAY, JUNE 7, 2011
CONFERENCE ROOM #3, 5:00 PM
Item Recommended Action Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Fireworks permit for July 4 event. a. Forward to 6/13 C.O.W. Pg.1
Don Tomaso, Fire Marsha/ and 6/20 Regular Mtg.
b. Update on the Revenue Generating Regulatory License b. Information Only Pg. 11
(RGRL).
Shawn Hunstock, Finance Director
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, June 21, 2011
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 or (tukclerk @tukwilawa.gov) for assistance.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Don Tomaso, Fire Marshal
DATE: June 1, 2011
SUBJECT: Tukwila's Family Fourth event on July 4, 2011
ISSUE
The City has received an application for public fire works display at Starfire Sports
complex in conjunction with the City sponsored Tukwila's Family Fourth Event. The
event is held in the northwest corner of the complex, with the fireworks being
discharged from the northeast corner of the complex.
BACKGROUND
Tukwila Municipal Code 8.12.20 regulates Fireworks within the City in addition to RCW
70.77. TMC requires that the City Council approve all Public Displays under TMC
8.12.20.b.
The application was received more than 14 days prior to the proposed display and has
been investigated by the Fire Marshal's Office and found to comply with the
requirements listed in RCW 70.77. This will be the ninth year we have allowed displays
at this location with the same pyrotechnician.
Given the location of the display the Fire Marshal's office will require the same safety
conditions as in previous years to mitigate potential fallout and crowd control issues. In
addition, we will again this year require two additional fire watch personnel to be on the
Seattle Sounder Foot Ball Club sports turf field. Last year we covered the sports turf
with large plastic tarps and flooded those with water. We had one 6" aerial shell break
early and showered flaming fireworks onto the protected field and the water
extinguished all but two pieces of pyrotechnic material. This resulted in a small scorch
mark that occurred to the sports turf. This damage was easily repaired at no cost to the
City. We will require that the sport turf fields be covered with the tarps again this year
and then we will flood the area with water.
Tom Whitacre, the pyro technician has changed suppliers for the show this year to
Eagle Fireworks with offices in Kent and Chehalis. The previous supplier was
Entertainment Fire Works based out of Thurston County.
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INFORMATIONAL MEMO
Page 2
ANALYSIS
This event has been very successful for the City and citizens that attend, with
attendance increasing each year. There have been no major emergency events in
previous years in regard to fire or aid calls. We have experienced the normal type of
minor fire and aid calls typical for crowds of this size.
RECOMMENDATION
The Council is being asked to consider this item at the June 13, 2011 Committee of the
Whole meeting and subsequent June 20, 2011 Regular Meeting.
ATTACHMENTS
Copy of Permit Conditions
Memo to Chief Olivas outlining the permit review
Site Map
Proposal showing insurance amount, with copies of pyrotechnic license
WA2011 Info MemoffireworksPermit.doc
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City of Tukwila Jim Haggerton, Mayor
Fine Department Nicholas J. Olivas, Fire Chief
1908
FIREWORKS PERMIT CONDITIONS
To: Mr. Tom Whitacre
From: B /C. Tomaso
Re: July 4 th Fireworks display
Date: June 1, 2011
1. Notify Washington State Patrol at 425 649 -4658.
2. Notify FAA specialist at 425 227 -2536 or 425 227 -2500.
3. Notify BNSF railroad resources at 1- 800 832 -5452, 2 hours prior to display time.
4. Establish Safety perimeter a minimum of 30 minutes prior to display start.
5. Have discharge monitors in visible uniform clothing.
6. No Pyrotechnics to be brought to site prior to the day of the display.
7. All personnel inside the safety perimeter shall use Personnel Protective equipment as
outlined in NFPA 1123.
8. Only Pyrotechnicians and Fire Watch personnel will be within the safety perimeter.
9. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from
transport vehicle. (2A 20 BC Minimum Size)
10.4 Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of
the display for crowd control and shall remain for a minimum of 30 minutes past the end
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
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City of Tukwila
Page 2
of the display or the crowd disperses. (2 additional Tukwila Police officers shall be
available to respond to the site if requested.)
11. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic
shells.
12. Tukwila Fire Department shall inspect all static displays upon completion of set up.
13. Two Tukwila Fire Department apparatus shall be on location prior to the start of the
display. (One will be an overtime staffed Engine)
14. Two additional overtime firefighters will be the designated fire watch personnel assigned
to the Seattle Sounder FC practice fields.
15. The Seattle Sounder FC practice fields shall be covered with plastic tarps with seams
taped and flooded with water to extinguish hot debris falling on the fields.
16.Any breech of the safety perimeter shall suspend the display until the perimeter is
cleared and reestablished.
17. Upon completion of the display, the fallout area shall be checked for unexploded shells.
Cleaning of debris, if not practical on the night of the event shall be at first light the next
day.
18. No combustible materials shall be stored inside the safety perimeter.
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
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G) City of Tukwila Jim Haggerton, Mayor
Fire Department Nicholas J. Olivas, Fire Chief
1908
Date: June 1, 2011
To: Chief Olivas
From: B/C Tomaso
Re: Public Fire Works Display Permit
I have reviewed the permit application information provided by Mr. Tom Whitacre, who
has applied for the permit for a public fireworks display at the Starfire Sports Complex,
14600 Starfire Way. Mr. Whitacre is a licensed Pyrotechnic Operator with the State of
Washington and with the Bureau of Alcohol, Tobacco and Fire Arms. The State
Department of licensing also licenses Mr. Whitacre to transport fire works.
The display will be held in conjunction with the City's planned event on the 4 of July,
"Family Fun at the Fort being organized by the Parks and Recreation Department. This
will be a 35 to 40 minute show starting at approximately 2200 hours. The fireworks will
be transported to the site in the AM of July 4 and will be under the required supervision
until they are discharged. The mortar tubes and other equipment will be brought to the
location on July 2 nd 3
The application was reviewed to WAC 212 -17 and accepted industry standards, and we
find everything is within these guidelines.
I do have some concerns this year regarding the railroad right of way, Seattle
Sounders FC practice fields and the limited access this allows. In addition, a portion of
the fallout area includes a portion of a commercial property within the City of Renton. I
have contacted Renton Fire Officials and have not received a response at the time of
this memo. Last year the Renton Fire Marshal approved our plan, which is the same as
in previous years.
Crowd control can be a potential issue, as the crowd that assembles to watch the fire
works show has increased each and every year. Last year the traffic leaving the site
was managed with the available Tukwila Police on site and available patrol units. To
mitigate these issues I believe the following measures should be done:
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
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City of Tukwila
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Stage two fire apparatus at the site: one apparatus on each side of the Railroad right
of way. Apparatus shall be out of service during the display and for 30 minutes
following the display.
Cover the Seattle sounder FC practice fields with plastic tarps, tape the seams and
flood with water. This will allow hot debris to land in water which should extinguish it
immediately and should reduce the risk of damage to the fields.
Stage two firefighters in the Seattle Sounder FC practice fields as fire watch personnel
with portable extinguishers, 1 3 /4" hand lines and a Blitzfire.
Have Tukwila Police provide crowd control during the public display. A minimum of 4
officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave
intersection to expedite traffic flow. (2 additional Tukwila Police shall be available to
respond to the site if requested.)
Comply with Fire Works Permit Conditions attached.
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
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..EXCELLENCE Rq FIREWORKS
Year After Year
P.D. Box 1446 0 -Kent, Washonotan 9803
Fax (360) 748-102 Id
Kent n-G) 878-4029
Agreement for Fh-ewoift Show
Xpgli�)Nmwerks, Inc., agrees to.provide CITY OF TUM41U, VJA (T.pKWILA-I.S, FA MIL Y FOURTH AT THE FORT
a fireworks show on jiLy 4 .2011 labated at 14600 STt, U-IRE WAY, TTJY,.WlIA, 1"S'.
The will commence at approiiniately 10: 00 I8H orwhen. dark. whichever is later.
1n the event of poor weather :as would cause unsafe fain g iff ons; th chwuldd. or can
dW. e A ow-may W red e
by agr eement ofthq.- 'r In
PYrotechnician i charge If it is necessary to reschedule the show, ii will be
mand-the
within 60 dayi!� ;r"'t'h date.
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stopped by the pyrot6d iciadunt
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Insurance coverage for the show wiff �e provided by Eagle Fireworks, Inc. 6 amoun of
in th
ip=ONE MILLION 00/100; *ipp, -d616s9_`_4
-Said-coverage shall be for public liability and properly d amage as
proidded by state law and local ordinanw.
The show shall consist ofnot less than PER LIST aerial shells, 36 shot 2..5tt VIULTI.SHOTS 11us NE
SHOW LIST 82-311 SALUTES, luz SHELLS, 138-4 SHELL '90-5 SHELLS, 64-6 SHELLS
ONE DOZEN 1.44 MU.L11 0AU10,
The cost ofthe.show will be TEN -THOUSAI ND 00/100 dollars. The sponsor also agrees to provide
POLICE FIRE PROTECTiu.N,.& FORA LlirT ior set-up clean-up.
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deposit :of -b
dollars *M-be. required, payable Thebalance
sh0be pi0dtO Eagle limwerks, Inc. as follows: iVithin 10 days aftbr show.
AN accounts will be charged a monthly service fee of L 5-y
Aft4he Oeft that a permit for the *sbcyw is denied.by.th ocalautho ntY havilig the deposit shall be
refimdi4witbin ten days of such denial.jlis•= be cOlLidered void upon receipt by the sponsor ofthe
refunded deposit. All parties agree to act in good faith.
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Shawn Hunstock, Finance Director
DATE: June 2, 2011
SUBJECT: Revenue Generating Regulatory License (RGRL) Information
ISSUE
The Finance Department is responding to information requested by members of the
Finance and Safety Committee regarding the Revenue Generating Regulatory License
fee and application to specific types of businesses:
BACKGROUND
At the April 19, 2011 Finance and Safety Committee meeting committee members
requested additional information regarding the following items:
The RGRL exemption in TMC 5.62.040.A.1 for nonprofit organizations, and
specifically the threshold relative to trip generations on infrastructure (roadways).
A breakdown of rental property information relative to the assessment of the
RGRL.
These and another topic will be addressed below.
DISCUSSION
Application of Nonprofit Exemption for the RGRL Fee
Tukwila Municipal Code Section 5.62.040.A.1 provides an exemption from the RGRL
fee of $55 per full -time equivalent employee for IRS 501(c)(3) tax exempt organizations.
The second largest employer in the City is a tax exempt 501(c)(3) organization. There
are currently 73 businesses in Tukwila operating under a non profit exemption
employing over 4,000 employees.
For the largest nonprofit in the City, the Public Works department estimates the p.m.
peak hour trips to be 1,057. The nonprofit paid traffic impact fees for signal
improvements at an intersection adjacent to their property at the time two new buildings
and a parking structure were completed.
Not including governmental agencies, if all of the businesses who qualified for a non-
profit exemption had paid the RGRL fee, the City would have received over $145,000.
One of the options the City Council could decide to implement would be to exempt
nonprofits only below a certain number of full -time equivalent employees. If the City
decided to remove the non profit exemption from businesses with more than 20
employees, it would have generated approximately $133,000 in RGRL fees from 19
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INFORMATIONAL MEMO
Page 2
nonprofits. If the exemption applied to businesses with more than 100 employees, the
City would receive approximately $118,000 in RGRL fees from 3 nonprofits.
Committee members also requested information regarding other exemptions or
exceptions made for nonprofit organizations in other parts of the TMC. Below is a
summary of those provisions:
3.08.030.A.3 Gambling Activities Tax
Nonprofits have a different tax rate for punchboards and pulltabs. They pay a tax
rate of 10% of gross winnings less payouts. Other businesses pay a tax rate of
5% of gross receipts.
3.08.030.B.1 —Gambling Activities Tax
Certain nonprofit organizations are exempt from paying taxes on bingo and raffle
activities. These organizations must not have paid management staff, and cannot
have more than $5,000 of net revenue annually, after payouts.
3.08.030.B.2 Gambling Activities Tax
Nonprofit organizations are exempt from paying any tax on any gambling activity
if they donate at least 70% of the tax that would otherwise be due to
organizations serving Tukwila residents.
3.20.010.A.5 Admissions and Entertainment Tax
The admissions tax does not apply to public school activities and other nonprofit
endeavors.
5.12.020.B.5 Peddlers /Solicitors License
Nonprofits engaged in peddling /soliciting activities are exempt from licensing and
fee requirements for a peddler's license.
5.20.010 Social Cardrooms
All social cardrooms are prohibited effective January 1, 2016, with the exception
of those operated by a charitable or nonprofit organization.
5.62.040.A.1 RGRL Fee
Nonprofits are exempt from the RGRL (and business license) fee. The business
license exemption is by reference in TMC 5.04.090.8.
11.08.020.A Short -term Type A Nonprofit Right -of -Way Use Permit
Provides for a fee differential for right -of -way use permits. Nonprofit permits are
Type A and similar for profit permits are Type B. Type A permits are $50 and
Type B are $100.
11.24.030 Banner Permits
Only Tukwila based nonprofit organizations that are City sponsored may hang a
banner above a public right of way.
WA2011 Info Memos \RGRLInformationRequest.docx
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INFORMATIONAL MEMO
Page 3
16.26.110.6 Fire Impact Fees
Low income housing developed by nonprofit organizations, individuals or housing
authorities is eligible for an exemption from fire impact fees.
16.26.110.6 Park Impact Fees
Low income housing developed by nonprofit organizations, individuals or housing
authorities is eligible for an exemption from park impact fees.
Rental Licenses and RGRL Fees
So far in 2011 a total of 457 rental housing licenses were issued, generating over
$25,000 in licensing revenue to date. Of the 457 rental licenses issued, 37 of the
property owners (8.1%) paid multiple license fees, with 3 licensees paying 5 license
fees.
Of the 457 licenses issued, 227 (49.7 paid RGRL fees totaling more than $14,000.
The primary reason the rest of the rental housing owners did not pay an RGRL fee is
due to the exemption for businesses making less than $12,000 in gross annual income.
Of the 227 that paid an RGRL fee, 200 of those (88.1 paid the minimum RGRL fee of
$55. The highest RGRL fee paid was $275 for two different apartment complexes. Of
the 227 properties that paid an RGRL fee, 11 of those (4.8 paid more than one RGRL
fee. One individual paid 4 RGRL fees.
Interpreter Exemption
Currently the business license and RGRL ordinances require all businesses operating
within the Tukwila city limits to obtain a license and pay the applicable fees unless a
specific exemption applies. During 2010 the City paid 43 different interpreters over
$60,000. Of the 43 interpreters the City paid, 37 of those (86.0 were paid less than
$1,000 in total during the year. One individual was paid more than $36,000. This
individual is the only one of the 43 that would have had to pay the RGRL fee due to the
exemption for businesses making less than $12,000 in gross annual receipts.
Feedback provided by the Municipal Court Judge and Court staff indicates the
interpreters typically do not pay business license or RGRL fees at other courts where
they provide translation services. Due to the small amounts paid the interpreters, Court
staff feels many would not provide service to Tukwila if they had to pay even the
minimum business license fee of $100. The implication of this is that cases requiring
interpreting services would have to be dismissed by the Court.
The City Council could exempt interpreters from paying the business license and /or
RGRL fees, or provide a reduced amount that this type of business would be required to
pay.
RECOMMENDATION
This item is for information only. No recommendation on changes to the RGRL
ordinance is made at this time. Any proposed changes by committee members will be
incorporated into a future agenda item for the Finance and Safety Committee.
WA2011 Info Memos \RGRLInformationRequest.docx
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