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COW 2011-08-22 COMPLETE AGENDA PACKET
Tukwila City Counci /Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Counci /members: Joe Duff ie Joan Hernandez Shawn Hunstock, Interim City Administrator Dennis Robertson Verna Seal Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn To be followed by a Special Meeting Monday, August 22, 2011, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL 2011 Financial Status Report for 2nd Quarter: Peggy McCarthy, Pg.1 PRESENTATIONS Acting Finance Director 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. An ordinance regarding livestock, small animals and fowl. Pg.37 ISSUES b. An Interlocal Agreement with King County for side sewer connection Pg.53 at Bow Lake Transfer Station. c. A contract for 2011 Overlay and Repair Program construction Pg.75 management services. d. An ordinance to increase the tax on certain gambling activities upon Pg.93 certain triggers and repeal Section 2 of Ordinance No. 2323. e. Fireworks permit for Sounders Football Club. Pg.101 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION S. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2349 Res #1746 1. CALL TO ORDER ROLL CALL 2. CONSENT AGENDA Approval of vouchers. 3. UNFINISHED Approve a fireworks permit submitted by Sounders Football Club for a Pg.101 BUSINESS fireworks display on August 30, 2011 at the Starfire Sports Complex. 4. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your continents to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on continents 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: 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. 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. Summary June 30, 2011 a 3 F A v a 0 v 1n� 0 N 0 c� v PTO At the end of the second quarter, one half, or 50% of the year had expired. The se- cond quarter actiN its added $13 million to the City-wide find balance bringing the rear -to -date increase to $2.6 million when combined with the first quarter far orable results of $1.26 million. Of the rear -to -date increase, $3.1 million was generated by the (YoN emmental finds, a $1.6 million deficit was realized by the enterprise finds and a $1.1 million increase occurred in the internal seli ice finds. The second quarter increase was due to a combination of factors from receipt of $6.7 in property taxes in the General Fund to expenditures in the Arterial Street find for the two big road projects and expenditures for the Incident Command Vehicle. The effect of the AndoN er Park West emergency sewer repair project also had an impact as did the absence of the surface water semi annual income that was recognized in the first quarter and will be recognized again in the third quarter. Also debt serl ice total ing $1.1 million was paid out in the second quarter. UncertaintN continues in the economy and deterioration of economic conditions could negatiN ely impact City finances. Actual operating results throu (Yh the second quarter, howeN er, haN e been positiN e and haN e exceeded bud (yeted results. The City appears on track to meet its budgetary goals for the rear. FUND BALANCES CHANGE IN FUND BALANCES CITY -WIDE ACTUAL ACTUAL 12/31/2010 03/31/2011 06/30/2011 Q2 I YTD Governmental funds 28,762,831 29,722,371 31,888,273 2,165,901 3,125,442 Enterprise funds 11,158,079 10,980,343 9,526,174 (1,454,168) (1,631,905) Internal service funds 9,461,981 9,947,703 10,579,448 631,745 1,117,467 City -wide Total 49,382,891 50,650,417 51,993,895 1,343,478 2,611,004 Fund Balances As of June 30, 2011 General Fund s,,.,,,,,.,;.,,,;,;,,,,,;,,,,,,,;,, v., z.:.:,,,,,,,.:,:- y� 39,731,524 Hotel /Motel Tax Fund $686,663 Street Fund $732 0 Arterial Street Fund WA— $10,264,965 Contingency Fund $1 457 Fire Equip Cum Reserve $810,6 5 Drug Seizure Fund r$137,237 Debt Service Funds 132 Parks Acq Fund $4,850322 $2,043,779 1 Facility Replacement Fund General Gov Improvements $990, 450 Fire Impact Fee Fund $168,919 Water Fund 4,677,:91 Sewer Fundy Foster Golf Fund $2,165 $61,924 Surface Water Fund Equipment Replacement Fund $2,621, 78 3,800,349 Self- Insurance Fund LEOFF Insurance Fund $5 Of 7,891 .1,681 208, $2,000,000 $4,000,000 $6,000,000 Unreserved/ unrestricted i $8,000,000 $10,000,000 $12,000,000 Inside this issue: Governmental funds 2 Enterprise funds Governmental funds continued 3 Internal Service funds 4 5 a) First quarter C itx -N ide results N ere originally reported at $1.5 million. This amount has been redneed to $1.26 million to reflect the first quarter $2.90.000 Rater Fund debt principal payment as a reduction of unreser ed fund balance. �M GOVERNMENTAL Governmental Fund Balances By Fund Group FUNDS $17 $15.7 Q2 12/31 /2010 $16 $14.5 �4n�Poa General Fund $32 $1s $14 .n wt—Generul $32 $13 14,089,147 Fund 3,050 (8,947) 14,132 Capital Project $31 $12 8,053,470 GOVERNMENTAL FUNDS $28,762,831 $11 $9.7 Special e $31 0 $10 $8.5 $8.4 Revenue $30 o $8 a a a a a a a a a a a °.^r °a =a $8.1- c $30 $7 Debt Service $29 $6 $5 $29 $5.6 $4 $5.8 ^Capital $28 $3 Project $2 $28 $1 $27 C Dec 2010 Mar 2011 Jun 2011 GOVERNMENTAL FUND BALANCES FUNDS ACTUAL Q2 12/31 /2010 03/31/2011 06/30/2011 General Fund 5,757,040 5,646,681 9,731,524 Special Revenue 14,461,545 15,679,070 14,089,147 Debt Service 3,050 (8,947) 14,132 Capital Project 8,541,195 8,405,568 8,053,470 GOVERNMENTAL FUNDS $28,762,831 $29,722,371 $31,888,273 Combined governmental fund activity for the second quarter produced a $2.1 million increase in Rind balances. The General Fund was responsible for $4 million of this increase and the special revenue funds were responsible for a decline of $1.5 million with the 104- Arterial Street Fund accounting for $1.35 million of the decline and the 109 -Ding Seizure Fund account- Governmental Fund Balances Combined CHANGE IN FUND BALANCES ACTUAL BUDGET Variance Q2 YTD YTD YTD 4,084,843 3,974,484 (829,174) $4,803,658 (1,589,923) (372,398) (31,961) (340,438) 23,079 11,081 1,500 9,581 (352,097) (487,725) (298,099) (189,626) 2,165,901 3,125,442 1 $(1,157,734)1 $4,283,175 ing for $146,1(0) of the decline. The capital project funds also experi- enced a decline in the second quarter with a decrease in fund balance of $352,097 due mostly to a $406,665 decline in the 303- General Gov ernnient Improvement Fund. The financial results and positions of the governmental funds are discussed in more detail below. General urn Continued on page 3 2 General fund second quarter activity added $4 million to the fund balance bringing the year -to -hate increase to $3.9 million after taking into account the first quarter deficit of $110,36). General Fund revenue was $4.4 million higher in the second quarter than the first due primarily to a $6.4 increase in prop ertv taxes received, offset by a $1 million decrease in RGRL fees collected. The majority of RGRL fees is received in Januaiv and Febinary and the majority of the first half prop ertv tax billing is received( in April and May. Year -to -hate revenues of $26.1 million, or 51.19% of annual budget, plac- es revenues on track and produced a positive budget variance of $6()8,929. The General Fund had expenditures of $11 million during the second quarter, only $251,642 higher than the first quarter and Page 2 bringing the rear -to -date total to $22 million or 42.06% of annual budget producing a $4 million positive variance. The positive vari- ance is due largely to the $2.79 million unifier budget status of the transfers -out line item with year -to -hate transfers constituting 15.19% of the transfers -out annual budget. Transfers -out are comprised of a first quarter transfer of $566,26( to the 105- Contingence Fund and second quarter transfers of $112,5(0) to the 411 -Golf Course Fund, $428,144 to the debt service funds, $65,))) to the 107 Fire Equip- ment Reserve Fund and $49,23(_) to the 401 Water Fund for fire hy- ihant rental. Of the $6.8 million bud get remaining in the transfers -out line item at June 3O, 2O11, $2 million is slated for the 104- Arterial Sheet Fund, $2.2 million for the 303-General Government Improve- ments Fund, and $2.5 for debt service funds. The planned $22 mil- lion transfer to the 303- General Gover111nent Improvement fund may 2011 SE('()ND QTTARTER FINANCIAL REPORT Dec -10 Mar -11 Jun -11 be postponed until 2012 as the transfer is intended to help fund the $1.7 million estimated cost of removing the flood prevention de- vices the Super Sacks and the Hesco barriers. In addition to General Fund savings through the delay of transfers out, six departments generated positive variances by keeping costs at least $lUU,000 unifier budget. These departments were the Mayor, Public Works, Fire, Recreation, Police departments and Street Maintenance. Expenditure categories that realized positive variances were salaries and benefits with a $663,346 variance, intergovernmental expenditures (primarily jail bills) with a $360,002 variance, and supplies with a $266282 variance. The net effect of the positive revenue and expenditure variances is a $4.8 million year -to -hate positive variance in the General Fund. Fund balance totaled $9.7 million and cash and investment balances totaled $7.3 million at June 30, 2011. As mentioned previously, some of this will be transferred to other governmen- tal funds in the next two quarters to fund debt service and other activities. Special even Funds Special revenue funds declined $1.5 million in the second quar- ter bringing the year-to-date increase to $372,398 after taking into account the first quarter gain of $1.2 million. The 104 Arterial Street Fund and the 109 -Drug Seizure Fund were the largest contributors to this decline and are discussed below. Fund 104- Arterial Street. The second quarter fund balance decline is due to capital expenditures exceeding corresponding revenue. Second quarter revenue was $3.3 million higher than the first quarter revenue due mostly to a $3.3 million increase in grant funds received for the Southcenter Access Pro and the Southcenter Parkwav Extension Projects. Expenditure activity also increased on these two major projects with a $864277 in- crease in professional service fees and a $4.4 million increase in capital outlay. A deficit was planned for the year- the actual year -to -irate deficit of $788,444 is higher than the prorated CHANGE IN FUND BALANCES ACTUAL BUDGET Variance Q2 YTD YTD YTD (213,247) (163,437) (174,024) 10,587 62,267 124,745 35,586 89,159 (1,358,756) (788,444) (105,266) (683,179) 664 567,801 200,908 366,893 65,249 65,725 64,836 889 (146,100) (178,787) (54,000) (124,787) (1,589,923) (372,398)1 (31,961)1 (340,438) budget deficit of $105,266. However, beginning fund balance is $6 million higher than budget due partially to the $4.3 million in unspent 2010 debt proceeds remaining at the beginning of the year. These funds are available to cover costs of the Southcenter Park- way Extension project. Both revenue and expenditures are below budget at 16.7% and 18.92% respectively due to the timing of con- struction activity and certain construction delays. The fund had $8.9 million in cash and investments at quarter -end. Fund 109 -Drug Seizure. The Drug Seizure Fund experienced a $146,100 decline in the second quarter bringing the rear -to -date deficit to $178,5787. The Incident Command Vehicle was deliv- ered in the second quarter and $157,167 of related expenditures were incurred. The year -to -irate expenditures from this fund for the Incident Command Vehicle totaled $185208. Capital roj ec Funds GOVERNMENTAL Capital Project 301 Parks Acq Fund 302 Facility Replacement Fu 303 General Gov Improvemer 304 Fire Impact Fee Fund Total Capital Project FUND BALANCES ACTUAL 12/31/2010 03/31/2011 FUND BALANCES 4,773,512 GOVERNMENTAL ACTUAL 2,043,779 Special Revenue 1,397,115 990,450 156,018 165,331 168,919 12/31/2010 03/31/2011 06/30/2011 101 Hotel /Motel Tax Fund 850,106 899,916 686,669 103 Street Fund 607,646 670,123 732,390 104 Arterial Street Fund 11,053,410 11,623,721 10,264,965 105 Contingency Fund 889,470 1,456,606 1,457,270 107 Fire Equip Cum Reserve 744,890 745,366 810,615 109 Drug Seizure Fund 316,024 283,337 137,237 Total Special Revenue $14,461,545 $15,679,070 $14,089,147 Special revenue funds declined $1.5 million in the second quar- ter bringing the year-to-date increase to $372,398 after taking into account the first quarter gain of $1.2 million. The 104 Arterial Street Fund and the 109 -Drug Seizure Fund were the largest contributors to this decline and are discussed below. Fund 104- Arterial Street. The second quarter fund balance decline is due to capital expenditures exceeding corresponding revenue. Second quarter revenue was $3.3 million higher than the first quarter revenue due mostly to a $3.3 million increase in grant funds received for the Southcenter Access Pro and the Southcenter Parkwav Extension Projects. Expenditure activity also increased on these two major projects with a $864277 in- crease in professional service fees and a $4.4 million increase in capital outlay. A deficit was planned for the year- the actual year -to -irate deficit of $788,444 is higher than the prorated CHANGE IN FUND BALANCES ACTUAL BUDGET Variance Q2 YTD YTD YTD (213,247) (163,437) (174,024) 10,587 62,267 124,745 35,586 89,159 (1,358,756) (788,444) (105,266) (683,179) 664 567,801 200,908 366,893 65,249 65,725 64,836 889 (146,100) (178,787) (54,000) (124,787) (1,589,923) (372,398)1 (31,961)1 (340,438) budget deficit of $105,266. However, beginning fund balance is $6 million higher than budget due partially to the $4.3 million in unspent 2010 debt proceeds remaining at the beginning of the year. These funds are available to cover costs of the Southcenter Park- way Extension project. Both revenue and expenditures are below budget at 16.7% and 18.92% respectively due to the timing of con- struction activity and certain construction delays. The fund had $8.9 million in cash and investments at quarter -end. Fund 109 -Drug Seizure. The Drug Seizure Fund experienced a $146,100 decline in the second quarter bringing the rear -to -date deficit to $178,5787. The Incident Command Vehicle was deliv- ered in the second quarter and $157,167 of related expenditures were incurred. The year -to -irate expenditures from this fund for the Incident Command Vehicle totaled $185208. Capital roj ec Funds GOVERNMENTAL Capital Project 301 Parks Acq Fund 302 Facility Replacement Fu 303 General Gov Improvemer 304 Fire Impact Fee Fund Total Capital Project FUND BALANCES ACTUAL 12/31/2010 03/31/2011 06/30/2011 4,773,512 4,792,089 4,850,322 2,058,647 2,051,032 2,043,779 1,553,018 1,397,115 990,450 156,018 165,331 168,919 8,541,195 8,405,568 8,053,470 Capital project funds declined $352,097 for the quarter due mainly to the decline in the General Government Improvement Fund. Fund 303 General government Improvement Fund. The second quarter deficit of $406,665 is due primarily to $461,966 incurred in capital expenditures $159,000 was spent for the Incident Command Vehicle, $199,169 for the 6300 Building generator and $103,797 in additional costs for the new phone CHANGE IN FUND BALANCES ACTUAL BUDGET Variance Q2 YTD YTD YTD 58,233 76,810 (209,239) 286,049 (7,253) (14,868) (59,904) 45,036 (406,665) (562,568) (54,007) (508,562) 3,588 12,901 25,050 (12,149) (352,097) (487,725)1 (298,099)1 (189,626) system. The 2010 bond proceeds were used to fund these expendi- tures. The year -to -date deficit of $562,568 is higher than the antici- pated, prorated budget deficit of $54,007. However, the beginning fund balance was $1.1 million higher than budget due to the $1.1 million in unspent 2010 debt proceeds remaining at the beginning of the year. These funds have been used to purchase emergency man- agement equipment. Page 2011 SE('()ND QTIARTER FINANCIAL REPORT 3 I I (.�I, ENTERPRISE FUNDS FUND BALANCES Fund 401- Water. The second quarter deficit of $320,277 was less than the first quarter deficit of $930,885 due to an increase in revenues of $186,713 and a decrease in expenditures of $423,895. Water sales increased by $138,299, cost of wvater purchased decreased by $205,681 and principal payments on debt decreased by $209,398. The year -to -irate deficit of $1,251,161 is larger than the prorated budget deficit of $87(),318 by $38(),844 and is 71.9% of the annual projected deficit of $1,740,635. Revenues should increase in the third quarter as the summer water rates will be in effect and con- sumption should increase due to the wvarmer weather. Cash and investment balances at quarter -end totaled $4.3 million. Fund 402- Sewer. The second quarter deficit of $395,197 wvas more than the first quarter deficit of $98,129 due primarily to an increase in repairs and maintenance costs of $319,454 and debt service payments of $242,594 offset by revenue increases of $218,249 for the quarter with a $120,521 increase in intergov- ernmental revenue accounting for a large part of the revenue increase. The year -to -irate deficit of $493,326 is less than the prorated budget deficit of $670,613 by $177288 and is 36.78% of the annual projected deficit of $1,341,226. Cash and invest- ment balances at quarter -end were $1.2 million. Fund 411 -Golf Course. The Golf Course realized a second quarter increase in fund balance of $82,60) as opposed to the first quarter deficit of $300,689 bringing the year-to-date deficit to $218,089. Revenues increased $479,708 in the second quarter Nyith green fees increasing $279,554 from $63,991 in the first quarter to $343,545 in the second quarter and transfers -in in- creased $112,500. Revenue however remains under budget at 33.81% vielding a $195,214 unfavorable variance. Revenues should increase in the third quarter because this is the height of the golfing season. Expenditures increased $96,419 in the second quarter due mostly to a debt service interest payment of $70,314 and an increase in items purchased for resale of $30,787 this in- crease is offset by a related increase in merchandise sales of $31,792). The year -to -date deficit of $218,098 is $32,005 more than expected and constitutes 59.6% of the annual projected deficit of $372,169. Fund 412- Surface Water. Because of the timing of the semi- annual billings, the first quarter increase in fund balance of $1.1 million was then followed by a second quarter increase in fund balance of $821,295 producing a rear -to -date cumulative increase in fund balance of $331),671). These results are $712,039 better than expected as the prorated budgeted deficit is $381,369 and the annual budgeted deficit is $762,737. The main reason for this favorable position is that only 31.51% of expenditures had been incurred through the first half of the year budgeted capital outlays of $717,000 had not been expended. Cash and investment balanc- es totaled $2.5 million at quarter -end. Page 2011 SE(Y)ND QTIARTER FINANCIAL REPORT El $7 $5.9 -401 -Water $6 Fund $5;.. $4.7 402 -Sewer o Fund $4 $3.4 E $2.7 $2.6 $3 411 Foster IMP Golf Fund $2 $2 $2.3 $2.2 $1 412 -Surface Water Fund $0 Dec 2010 Mar 2011 Jun 2011 ENTERPRISE FUND BALANCES CHANGE IN FUND BALANCES FUNDS ACTUAL ACTUAL BUDGET Variance 12/31/2010 03/31/2011 06/30/2011 Q2 YTD YTD YTD 401 -Water Fund 5,928,552 4,997,667 4,677,391 (320,277) $(1,251,161) (870,318) (380,844) 402 Sewer Fund 2,658,708 2,560,579 2,165,382 (395,197) (493,325) (670,613) 177,288 411 -Foster Golf Fund 280,013 (20,676) 61,924 82,600 (218,089) (186,085) (32,005) 412 Surface Water Fund 2,290,807 3,442,772 2,621,478 (821,295) 330,671 (381,369) 712,039 ENTERPRISE FUNDS $11,158,079 $10,980,343 9,526,174 (1,454,168) $(1,631,905) $(2,108,384) 476,479 Fund 401- Water. The second quarter deficit of $320,277 was less than the first quarter deficit of $930,885 due to an increase in revenues of $186,713 and a decrease in expenditures of $423,895. Water sales increased by $138,299, cost of wvater purchased decreased by $205,681 and principal payments on debt decreased by $209,398. The year -to -irate deficit of $1,251,161 is larger than the prorated budget deficit of $87(),318 by $38(),844 and is 71.9% of the annual projected deficit of $1,740,635. Revenues should increase in the third quarter as the summer water rates will be in effect and con- sumption should increase due to the wvarmer weather. Cash and investment balances at quarter -end totaled $4.3 million. Fund 402- Sewer. The second quarter deficit of $395,197 wvas more than the first quarter deficit of $98,129 due primarily to an increase in repairs and maintenance costs of $319,454 and debt service payments of $242,594 offset by revenue increases of $218,249 for the quarter with a $120,521 increase in intergov- ernmental revenue accounting for a large part of the revenue increase. The year -to -irate deficit of $493,326 is less than the prorated budget deficit of $670,613 by $177288 and is 36.78% of the annual projected deficit of $1,341,226. Cash and invest- ment balances at quarter -end were $1.2 million. Fund 411 -Golf Course. The Golf Course realized a second quarter increase in fund balance of $82,60) as opposed to the first quarter deficit of $300,689 bringing the year-to-date deficit to $218,089. Revenues increased $479,708 in the second quarter Nyith green fees increasing $279,554 from $63,991 in the first quarter to $343,545 in the second quarter and transfers -in in- creased $112,500. Revenue however remains under budget at 33.81% vielding a $195,214 unfavorable variance. Revenues should increase in the third quarter because this is the height of the golfing season. Expenditures increased $96,419 in the second quarter due mostly to a debt service interest payment of $70,314 and an increase in items purchased for resale of $30,787 this in- crease is offset by a related increase in merchandise sales of $31,792). The year -to -date deficit of $218,098 is $32,005 more than expected and constitutes 59.6% of the annual projected deficit of $372,169. Fund 412- Surface Water. Because of the timing of the semi- annual billings, the first quarter increase in fund balance of $1.1 million was then followed by a second quarter increase in fund balance of $821,295 producing a rear -to -date cumulative increase in fund balance of $331),671). These results are $712,039 better than expected as the prorated budgeted deficit is $381,369 and the annual budgeted deficit is $762,737. The main reason for this favorable position is that only 31.51% of expenditures had been incurred through the first half of the year budgeted capital outlays of $717,000 had not been expended. Cash and investment balanc- es totaled $2.5 million at quarter -end. Page 2011 SE(Y)ND QTIARTER FINANCIAL REPORT El INTERNAL SERVICE FUND BALANCES FUNDS ACTUAL 12/31 /2010 03/31/2011 501 Equipment Replacemeni 3,321,984 3,589,750 502 Self- Insurance Fund 4,553,247 4,721,605 503 LEOFF Insurance Fund 1,586,749 1,636,348 INTERNAL SERVICE FUNDS I 9,461,981 9,947,703 Fund 501- Equipment Replacement. Expenditures in- creased in the second quarter by $61,280 as equipment purchases were made items purchased for resale in- creased by $45,403 and capital outlay increased by $32,502. Expenditures are at 31.5 of the annual budget yielding a positive expenditures budget variance of $413,062 and an overall change in fund balance variance of $423.301. Cash and investment balances in this fund at quarter -end totaled $3.8 million. Fund 502- Insurance. The second quarter activity pro- duced an increase in fund balance of $376286 which is $207,929 more than the first quarter increase of $168,357. The increase quarter over quarter is due to a decrease in healthcare claims in the second quarter of $217.074. This change in fund balance is $578,734 higher than the ex- Page 5 Internal Service Fund Balances Combined CHANGE IN FUND BALANCES ACTUAL BUDGET Variance 2nd QTR YTD YTD YTD 210,598 478,365 55,065 423,301 376,286 544,644 44,860 94,458 10,579,448 1 631,745 1,117,467 1 (34,090) 578,734 (51,597) 146,055 (30,623)1 1,148,090 pected fund balance change at the end of the second quarter -end of a 34.090 deficit. The fund had cash and investment balances of $6 million at quarter -end which exceeds state requirements. Pursuant to a change in state law, an actuarial evaluation of po- tential, future claims will be undertaken in the 3rd quarter. The results of this evaluation in conjunction with administration's directives for reducing the over funding situation will be used to set the self- insured medical rates for 2012. Fund 503 -LEOFF Insurance. Second quarter activity mirrored first quarter adding $44,860 to the fund balance compared with $49,598 added the first quarter. The year -to -date increase in fund balance of $94,458 is $146,055 more than the year -to -date projected deficit of $51,597. The fund had cash and investments of $1.7 million at quarter -end. 2011 SE('()ND QTTARTER FINANCIAL REPORT 5 06/30/2011 3,800,349 5,097,891 1,681,208 Jun 2011 Internal Service Fund Balances By Fund $6 $S.1 $S $4':0 Equipment Replacement $4 Ca ti $3,.8............ o $3.3 Self- Insurance $3 Fund $2 C�,F SZ 6 $1.7 �LEOFF Insurance Fund $1 Dec 2010 Mar 2011 Jun 2011 INTERNAL SERVICE FUND BALANCES FUNDS ACTUAL 12/31 /2010 03/31/2011 501 Equipment Replacemeni 3,321,984 3,589,750 502 Self- Insurance Fund 4,553,247 4,721,605 503 LEOFF Insurance Fund 1,586,749 1,636,348 INTERNAL SERVICE FUNDS I 9,461,981 9,947,703 Fund 501- Equipment Replacement. Expenditures in- creased in the second quarter by $61,280 as equipment purchases were made items purchased for resale in- creased by $45,403 and capital outlay increased by $32,502. Expenditures are at 31.5 of the annual budget yielding a positive expenditures budget variance of $413,062 and an overall change in fund balance variance of $423.301. Cash and investment balances in this fund at quarter -end totaled $3.8 million. Fund 502- Insurance. The second quarter activity pro- duced an increase in fund balance of $376286 which is $207,929 more than the first quarter increase of $168,357. The increase quarter over quarter is due to a decrease in healthcare claims in the second quarter of $217.074. This change in fund balance is $578,734 higher than the ex- Page 5 Internal Service Fund Balances Combined CHANGE IN FUND BALANCES ACTUAL BUDGET Variance 2nd QTR YTD YTD YTD 210,598 478,365 55,065 423,301 376,286 544,644 44,860 94,458 10,579,448 1 631,745 1,117,467 1 (34,090) 578,734 (51,597) 146,055 (30,623)1 1,148,090 pected fund balance change at the end of the second quarter -end of a 34.090 deficit. The fund had cash and investment balances of $6 million at quarter -end which exceeds state requirements. Pursuant to a change in state law, an actuarial evaluation of po- tential, future claims will be undertaken in the 3rd quarter. The results of this evaluation in conjunction with administration's directives for reducing the over funding situation will be used to set the self- insured medical rates for 2012. Fund 503 -LEOFF Insurance. Second quarter activity mirrored first quarter adding $44,860 to the fund balance compared with $49,598 added the first quarter. The year -to -date increase in fund balance of $94,458 is $146,055 more than the year -to -date projected deficit of $51,597. The fund had cash and investments of $1.7 million at quarter -end. 2011 SE('()ND QTTARTER FINANCIAL REPORT 5 06/30/2011 3,800,349 5,097,891 1,681,208 Jun 2011 x City of Tukwila General Fund 000 Revenue and Expenditures As of June 30 2011 of year expired 50.00% Charges for Services General Government 59,015 29,508 23,284 (6,223) of Security 493,381 Prorate Actual,: (84,586) Annual Engineering Services Annual Budget Budget Year-To-Date Variance Budget Revenue 153,058 76,529 33,050 (43,479) 21.59% General Revenue 833,500 416,750 311,520 (105,230) 37.37% Property Taxes 13,530,000 6,765,000 7,039,636 274,636 52.03% Sales and Use Taxes 16,025,000 8,012,500 8,819,372 806,872 55.04% Revenue Generating Regulatory Lics 1,900,000 950,000 1,397,257 447,257 73.54% (b) Rental housing license 42,750 21,375 24,550 3,175 57.43% Admissions Tax 636,000 318,000 243,157 (74,843) 38.23% (d) Utility Taxes 4,723,000 2,361,500 2,161,369 (200,131) 45.76% Interfund Utility Tax 1,426,000 713,000 629,480 (83,520) 44.14% Excise Taxes 2,585,731 1,292,866 999,184 (293,682) 38.64% Penalties /Interest 67 34 27 (7) 40.15% Total General Revenue 40,868,548 20,434,274 21,314,032 879,758 52.15% Licenses and Permits 700,500 350,250 6,507 (343,744) 0.93% Business Licenses and Permits 784,774 392,387 348,773 (43,614) 44.44% Building Permits and Fees 1,027,368 513,684 543,100 29,416 52.86% Total Licenses and Permits 1,812,142 906,071 891,872 (14,199) 49.22% Intergovernmental Revenue 2,805,177 1,402,589 1,845,053 442,465 65.77% Charges for Services General Government 59,015 29,508 23,284 (6,223) 39.45% Security 493,381 246,691 162,104 (84,586) 32.86% Engineering Services 9,579 4,790 (4,790) 0.00% Transportation 153,058 76,529 33,050 (43,479) 21.59% Plan Check and Review Fees 833,500 416,750 311,520 (105,230) 37.37% Culture and Rec Fees 742,000 371,000 299,935 (71,065) 40.42% Total Charges for Services 2,290,533 1,145,267 829,894 (315,373) 36.23% (f) Fines and Penalties 205,408 102,704 100,982 (1,722) 49.16% Miscellaneous Revenue Investment Earnings 128,757 64,379 21,597 (42,782) 16.77% Rents and Concessions 454,391 227,196 230,792 3,596 50.79% Insurance Premiums /Recovery 1,000 500 (500) 0.00% Contributions /Donations 1,600 800 5,510 4,710 344.38% Other Misc Revenue 97,766 48,883 45,602 (3,281) 46.64% Total Miscellaneous Revenue 683,514 341,757 303,501 (38,256) 44.40% Sale of Capital Assets 700,500 350,250 6,507 (343,744) 0.93% Transfers In Indirect cost allocation 1,814,192 907,096 907,096 0 50.00% Total Revenue 51,180,014 25,590,007 26,19 8,936 608,929 51.19% Total Expenses (g) 52,838,362 26,419,181 22,224,453 (4,194,728) 42.06% Change in Fund Balance (1,658,348) (829,174) 3,974,483 4,803,657 239.67% Beginning Fund Balance 6,100,000 6,100,000 5,757,041 (342,959) 94.38% Ending Fund Balance 4,441,662 5,270 „826 9,731,524 4,460,698 219.10% Cash and investments 7,304,392 (b) Most of the Revenue Generating Regulatory License fee is expected to be received in the first quarter of the year since the fee is due by January 31. It is uncertain how much of the $502,743 budgeted but uncollected revenue (annual budget exceeding year -to- date actual receipts) will be collected throughout the rest of the year. (d) Admissions tax is down due to a decline in sales by the Southcenter area movie theaters and cinemas (f) Revenue generated from charges for services is low primarily because some of the associated activities occur more frequently in the second and third quarters of the year. The Recreation programs have many more participants in the summer months; construction activity, which generates protective inspection fees and plan check and review fees, also accelerates in the spring and summer months. (g) For expenditure detail, please see the following Expenditures By Department report. Variance Actual Over (Under) Prorated Budget Fund 000 0 7 CITY OF TUKWILA General Fund Expenditures By Department As of June 30 2011 of year expired 50.00% 000 By Dept Prorated TOTALS -ALL DEPARTMENTS Annual Budget Budget Actual Spent Variance Spent CITY COUNCIL 262,634 131,317 127,219 (4,098) 48.44 MAYOR 2,468,436 1,234,218 1,013,296 (220,922) 41.05% HUMAN RESOURCES 542,979 271,490 239,468 (32,022) 44.10% FINANCE 1,524,117 762,059 742,637 (19,422) 48.73% CITY ATTORNEY 542,731 271,366 260,628 (10,737) 48.02% RECREATION 2,962,377 1,481,189 1,306,647 (174,542) 44.11% COMMUNITY DEVELOPMENT 2,631,309 1,315,655 1,252,882 (62,772) 47.61% MUNICIPAL COURT 978,529 489,265 542,932 53,668 55.48% POLICE 14,267,695 7,133,848 6,867,887 (265,960) 48.14% FIRE 9,948,846 4,974,423 4,787,688 (186,735) 48.12% INFORMATION TECHNOLOGY 1,104,845 552,423 465,131 (87,292) 42.10% PUBLIC WORKS 3,484,525 1,742,263 1,532,658 (209,604) 43.98% PARK MAINTENANCE 922,901 461,451 406,794 (54,657) 44.08% STREET MAINTENANCE OPERATION 2,603,943 1,301,972 1,189,954 (112,017) 45.70% DEPT 20 CONTRIBUTIONS FUND BALANCE 8, 592,495 4,296,248 1,488,632 (2,807,616) 17.32% TOTAL 52.838.362 26.419.181 22.224.45's _j_ I4.194.7= 42.06 Prorated 01i -CITY COUNCIL Annual Budget Budget Actual Spent Variance Spent 11 SALARIES 174,426 87,213 86,721 (493) 49.72% 21 FICA 13,022 6,511 6,541 30 50.23% 23 PERS 6,013 3,007 2,263 (743) 37.64% 24 INDUSTRIAL INSURANCE 2,486 1,243 1,198 (45) 48.20% 25 MEDICAL, DENTAL, LIFE,OPTICAL 19,417 9,709 15,327 5,618 78.93% 31 OFFICE OPERATING SUPPLIES 3,870 1,935 864 (1,071) 22.32% 41 PROFESSIONAL SERVICES 1,500 750 103 (647) 6.85% 42 COMMUNICATION 4,400 2,200 2,136 (64) 48.56% 43 TRAVEL 25,000 12,500 10,986 (1,514) 43.95% 49 MISCELLANEOUS 12,500 6,250 1,080 (5,170) 8.64% CITY COUNCIL 262,634 131,317 127,215 (4,098; 48.44 Prorated 03 MAYOR Annual Budget Budget_ Actual Spent Variance Spent 11 SALARIES 963,795 481,898 480,481 (1,416) 49.85% 12 EXTRA LABOR 15,500 7,750 (7,750) 0.00% 13 OVERTIME 573 287 162 (124) 28.30% 21 FICA 69,547 34,774 36,543 1,769 52.54% 23 PERS 67,134 33,567 24,897 (8,670) 37.08% 24 INDUSTRIAL INSURANCE 3,780 1,890 1,688 (202) 44.64% 25 MEDICAL, DENTAL, LIFE,OPTICAL 162,604 81,302 79,329 (1,973) 48.79% 31 OFFICE OPERATING SUPPLIES 33,856 16,928 8,274 (8,654) 24.44% 35 SMALL TOOLS MINOREQUIPMENT 2,435 1,218 (1,218) 0.00% 41 PROFESSIONAL SERVICES 755,570 377,785 242,284 (135,501) 32.07% (b) 42 COMMUNICATION 85,300 42,650 35,233 (7,417) 41.30% 43 TRAVEL 19,600 9,800 4,008 (5,792) 20.45% 44 ADVERTISING 17,250 8,625 6,048 (2,577) 35.06% 45 OPERATING RENTALS LEASES 32,093 16,047 11,087 (4,960) 34.55% 48 REPAIRS MAINTENANCE 17,000 8,500 1,715 (6,785) 10.09% 49 MISCELLANEOUS 174,899 87,450 60,598 (26,852) 34.65% 51 INTERGVRNMTL PROFESSIONAL SVCS 26,500 13,250 20,950 7,700 79.06% 64 MACHINERY EQUIPMENT 21,000 10,500 (10,500) 0.00% MAYOR 2,468,436 1,234,218 9,013,29E 1 220,922) 41.06% 000 By Dept CITY OF TUKWILA General Fund Expenditures By Department As of June 30 2011 of year expired 50.00% 000 By Dept M Prorated 04 HUMAN RESOURCEb An nual Budget Budget Actual Spent Variance Spent 11 SALARIES 326,100 163,050 162,256 (794) 49.76% 21 FICA 24,073 12,037 12,003 (34) 49.86% 23 PERS 22,729 11,365 8,613 (2,752) 37.89% 24 INDUSTRIAL INSURANCE 1,243 622 591 (30) 47.56% 25 MEDICAL, DENTAL, LIFE,OPTICAL 53,340 26,670 26,620 (50) 49.91% 31 OFFICE OPERATING SUPPLIES 7,103 3,552 1,321 (2,230) 18.60% 41 PROFESSIONAL SERVICES 79,050 39,525 17,153 (22,372) 21.70% 43 TRAVEL 2,500 1,250 1,070 (180) 42.82% 44 ADVERTISING 9,000 4,500 1,623 (2,877) 18.04% 45 OPERATING RENTALS LEASES 50 25 16 (9) 32.88% 48 REPAIRS MAINTENANCE 4,791 2,396 4,373 1,978 91.28% 49 MISCELLANEOUS 13,000 6,500 3,826 (2,674) 29.43% HUMAN RESOURCES 642.979 271.490 c39,468 (32,022) 44.10% Prorated 06 FINANCC Annual Budget Budget Actual Spent Variance Spent 11 SALARIES 937,888 468,944 469,039 95 50.01% 12 EXTRA LABOR 10,000 5,000 (5,000) 0.00% 13 OVERTIME 1,147 574 13,959 13,386 1217.01% (e) 21 FICA 69,527 34,764 36,388 1,625 52.34% 23 PERS 65,267 32,634 25,608 (7,026) 39.24% 24 INDUSTRIAL INSURANCE 3,729 1,865 1,812 (53) 48.59% 25 MEDICAL, DENTAL, LIFE,OPTICAL 192,942 96,471 97,840 1,369 50.71% 26 UNEMPLOYMENT COMPENSATION 3,199 3,199 0.00% 31 OFFICE OPERATING SUPPLIES 24,849 12,425 3,946 (8,479) 15.88% 41 PROFESSIONAL SERVICES 190,000 95,000 66,023 (28,977) 34.75% 42 COMMUNICATION 1,000 500 495 (5) 49.51% 43 TRAVEL 5,000 2,500 662 (1,838) 13.23% 46 INSURANCE 6,166 6,166 0.00% 48 REPAIRS MAINTENANCE 5,000 2,500 1,117 (1,383) 22.35% 49 MISCELLANEOUS 12,768 6,384 16,382 9,998 128.31% 64 MACHINERY EQUIPMENT 5,000 2,500 (2,500) 0.00% FINANCE 1,624,117 762,069 742,636 (19,423) 48.73% Prorated 06 -CITY ATTORNEY Annual Budget Budget_ Actual Spent Variance Spent 12 EXTRA LABOR 2,500 1,250 (1,250) 0.00% 21 FICA 795 398 (398) 0.00% 24 INDUSTRIAL INSURANCE 436 218 2 (216) 0.42% 31 OFFICE OPERATING SUPPLIES 5,000 2,500 1,587 (913) 31.75% 41 PROFESSIONAL SERVICES 528,000 264,000 258,582 (5,418) 48.97% 42 COMMUNICATION 2,500 1,250 (1,250) 0.00% 45 OPERATING RENTALS LEASES 500 250 (250) 0.00% 48 REPAIRS MAINTENANCE 2,000 1,000 155 (845) 7.76% 49 MISCELLANEOUS 1,000 500 301 (199) 30.15% CITY ATTORNEY 642 271.366 260,628 (10,737) 48.02% 000 By Dept M CITY OF TUKWILA General Fund Expenditures By Department As of June 30 2011 of year expired 50.00% 000 By Dept IE Prorated 07 RECREATION, Annual Budget Budget Actual Spent Variance Spent 11 SALARIES 1,287,105 643,553 647,559 4,007 50.31% 12 EXTRA LABOR 413,115 206,558 153,308 (53,249) 37.11% 13 OVERTIME 5,600 2,800 (2,800) 0.00% 21 FICA 149,982 74,991 60,303 (14,688) 40.21% 23 PERS 106,625 53,313 38,395 (14,917) 36.01% 24 INDUSTRIAL INSURANCE 38,378 19,189 20,663 1,474 53.84% 25 MEDICAL, DENTAL, LIFE,OPTICAL 270,346 135,173 139,793 4,620 51.71% 26 UNEMPLOYMENT COMPENSATION 1,919 1,919 0.00% (1) 31 OFFICE OPERATING SUPPLIES 95,811 47,906 34,208 (13,697) 35.70% 34 ITEMS PURCH. FOR INVENT /RESALE 14,200 7,100 17,626 10,526 124.13% 41 PROFESSIONAL SERVICES 200,966 100,483 45,106 (55,377) 22.44% 42 COMMUNICATION 31,380 15,690 4,451 (11,239) 14.19% 43 TRAVEL 8,400 4,200 2,285 (1,915) 27.20% 44 ADVERTISING 21,400 10,700 3,277 (7,423) 15.31% 45 OPERATING RENTALS LEASES 56,363 28,182 21,529 (6,652) 38.20% 47 PUBLIC UTILITY SERVICES 110,000 55,000 70,032 15,032 63.67% 48 REPAIRS MAINTENANCE 57,550 28,775 28,188 (587) 48.98% 49 MISCELLANEOUS 95,156 47,578 17,986 (29,592) 18.90% r lco 53 EXT TAXES OPERATING ASSMNTS 18 18 0.00% RECREATION 2,962,371 1,481,185 1,306,64! {174,542} 44.11% Prorated 08 COMMUNITY DEVELOPMENT Annual Budget Budget_ Actual Spent Variance Spent 11 SALARIES 1,723,487 861,744 849,445 (12,298) 49.29% 12 EXTRA LABOR 37,650 18,825 26,854 8,029 71.32% 13 OVERTIME 5,672 2,836 1,676 (1,160) 29.55% 21 FICA 129,074 64,537 66,189 1,652 51.28% 23 PERS 120,892 60,446 47,908 (12,538) 39.63% 24 INDUSTRIAL INSURANCE 10,321 5,161 6,803 1,642 65.91% 25 MEDICAL, DENTAL, LIFE,OPTICAL 256,470 128,235 128,399 164 50.06% 26 UNEMPLOYMENT COMPENSATION 1,320 1,320 0.00% (1) 28 UNIFORM CLOTHING 1,805 903 (903) 0.00% 31 OFFICE OPERATING SUPPLIES 34,182 17,091 8,460 (8,631) 24.75% 35 SMALL TOOLS MINOR EQUIPMENT 600 300 325 25 54.20% 41 PROFESSIONAL SERVICES 161,208 80,604 18,814 (61,790) 11.67% 42 COMMUNICATION 4,500 2,250 258 (1,992) 5.73% 43 TRAVEL 13,500 6,750 742 (6,008) 5.50% 45 OPERATING RENTALS LEASES 33,773 16,887 16,966 80 50.24% 47 PUBLIC UTILITY SERVICES 1,000 500 86 (414) 8.63% 48 REPAIRS MAINTENANCE 57,865 28,933 49,230 20,297 85.08% 49 MISCELLANEOUS 21,310 10,655 19,742 9,087 92.64% 51 INTERGVRNMTL PROFESSIONAL SVCS 18,00 9,000 9,665 665 53.69% COMMUNITY DEVELOPMENT 2,631,305 1,316,666 1 (62,773) 47.61 000 By Dept IE CITY OF TUKWILA General Fund Expenditures By Department As of June 30 2011 of year expired 50.00% 000 By Dept 11 Prorated 09 MUNICIPAL COURT Annual Budget Budget_ Actual Spent Variance Spent 11 SALARIES 602,387 301,194 308,853 7,660 51.27% 12 EXTRA LABOR 2,500 1,250 (1,250) 0.00% 13 OVERTIME 5,016 2,508 (2,508) 0.00% 21 FICA 45,537 22,769 23,245 476 51.05% 23 PERS 45,436 22,718 17,463 (5,255) 38.43% 24 INDUSTRIAL INSURANCE 3,107 1,554 1,292 (261) 41.59% 25 MEDICAL, DENTAL, LIFE,OPTICAL 96,935 48,468 46,994 (1,473) 48.48% 26 UNEMPLOYMENT COMPENSATION 7,712 7,712 0.00% (1) 31 OFFICE OPERATING SUPPLIES 10,908 5,454 4,440 (1,014) 40.70% 35 SMALL TOOLS MINOR EQUIPMENT 1,200 600 (600) 0.00% 41 PROFESSIONAL SERVICES 106,000 53,000 118,487 65,487 111.78% (b) 42 COMMUNICATION 5,550 2,775 2,601 (174) 46.87% 43 TRAVEL 6,215 3,108 3,856 748 62.04% 45 OPERATING RENTALS LEASES 398 398 0.00% 48 REPAIRS MAINTENANCE 2,300 1,150 286 (864) 12.42% 49 MISCELLANEOUS 20,438 10,219 7,305 (2,914) 35.74% 64 MACHINERY EQUIPMENT 25,000 12,500 (12,500) 0.00% MUNICIPAL COURT 978.625 489.265 542,932 33,668 1 ;6.48% Prorated 10 POLICE Annual Budget Bud Actual Spent Variance Spent 11 SALARIES 6,706,070 3,353,035 3,217,613 (135,422) 47.98% 12 EXTRA LABOR 5,000 2,500 (2,500) 0.00% 13 OVERTIME 908,812 454,406 414,416 (39,990) 45.60% 21 FICA 507,174 253,587 275,133 21,546 54.25% 22 LEOFF 301,353 150,677 162,369 11,693 53.88% 23 PERS 70,637 35,319 24,168 (11,151) 34.21% 24 INDUSTRIAL INSURANCE 119,710 59,855 54,727 (5,128) 45.72% 25 MEDICAL, DENTAL, LIFE,OPTICAL 1,520,483 760,242 680,738 (79,503) 44.77% 26 UNEMPLOYMENT COMPENSATION 6,221 6,221 0.00% (1) 31 OFFICE OPERATING SUPPLIES 171,753 85,877 53,779 (32,097) 31.31% 35 SMALL TOOLS MINOR EQUIPMENT 7,500 3,750 (3,750) 0.00% 41 PROFESSIONAL SERVICES 48,175 24,088 42,976 18,888 89.21% 42 COMMUNICATION 61,931 30,966 24,503 (6,462) 39.57% 43 TRAVEL 23,300 11,650 13,006 1,356 55.82% 44 ADVERTISING 800 400 (400) 0.00% 45 OPERATING RENTALS LEASES 801,628 400,814 388,860 (11,954) 48.51% 46 INSURANCE 225,080 112,540 225,000 112,460 99.96% (n) 48 REPAIRS MAINTENANCE 166,144 83,072 208,898 125,826 125.73% 49 MISCELLANEOUS 57,245 28,623 11,616 (17,007) 20.29% 51 INTERGVRNMTL PROFESSIONAL SVCS 2,549,900 1,274,950 953,645 (321,305) 37.40% 64 MACHINERY EQUIPMENT 15,000 7,500 110,219 102,719 734.79% (k) 000 By Dept 11 CITY OF TUKWILA General Fund Expenditures By Department As of June 30 2011 of year expired 50.00% 12 INFORMATION TECHNOLOGY 11 SALARIES 12 EXTRA LABOR 13 OVERTIME 21 FICA 23 PERS 24 INDUSTRIAL INSURANCE 25 MEDICAL, DENTAL, LI F E, OPTICAL 31 OFFICE OPERATING SUPPLIES 35 SMALL TOOLS MINOR EQUIPMENT 41 PROFESSIONAL SERVICES 42 COMMUNICATION 43 TRAVEL 45 OPERATING RENTALS LEASES 48 REPAIRS MAINTENANCE 49 MISCELLANEOUS 64 MACHINERY& EQUIPMENT INFORMATION TECHNOLOGY Prorated Annual Budget Budget Actual Spent 555,627 277,814 270,038 2,500 1,250 42,921 38,706 2,922 127,403 5,766 122,000 1,000 99,000 1,500 1,500 31,500 40,500 32,000 21,461 19,353 1,461 63,702 2,883 61,000 500 49,500 750 750 15,750 20,250 16,000 662,42,1 182 20,442 14,338 1,076 61,586 2,141 22,729 58,430 368 771 2,395 10,637 1,104,846 000 By Dept 466,131 Variance (7,775) (1,250) 182 (1,019) (5,015) (385) (2,116) (742) (38,271) (500) 8,930 (382) 21 (13,355) (9,613) (16,000) j87,292) Spent 48.60% 0.00% 0.00% 47.63% 37.04% 36.82% 48.34% 37.12% 18.63% 0.00% 59.02% 24.51% 51.38% 7.60% 26.26% 0.00% •2.10% 12 Prorated 11 -FIRE Annual Budqet Budget Actual Spent Variance Spent 11 SALARIES 5,920,352 2,96b, 176 2,983,950 23,774 50.40% 13 OVERTIME 421,552 210,776 203,838 (6,938) 48.35% 15 HOLIDAY PAY 178,248 89,124 538 (88,586) 0.30% 21 FICA 84,800 42,400 42,833 433 50.51% 22 LEOFF 256,199 128,100 149,525 21,426 58.36% 23 PERS 23,438 11,719 6,050 (5,669) 25.81% 24 INDUSTRIAL INSURANCE 151,607 75,804 68,758 (7,046) 45.35% 25 MEDICAL, DENTAL, LI F E, OPTICAL 1,533,418 766,709 672,918 (93,791) 43.88% 26 UNEMPLOYMENT COMPENSATION 15,765 15,765 0.00% (1) 28 UNIFORM CLOTHING 1,140 570 (570) 0.00% 31 OFFICE OPERATING SUPPLIES 185,580 92,790 81,272 (11,518) 43.79% 35 SMALL TOOLS MINOR EQUIPMENT 25,552 12,776 5,872 (6,904) 22.98% 41 PROFESSIONAL SERVICES 55,300 27,650 18,476 (9,174) 33.41% 42 COMMUNICATION 44,670 22,335 10,067 (12,268) 22.54% 43 TRAVEL 14,500 7,250 2,485 (4,765) 17.14% 45 OPERATING RENTALS LEASES 499,389 249,695 254,144 4,450 50.89% 46 INSURANCE 90,000 45,000 90,000 45,000 100.00% (n) 47 PUBLIC UTILITY SERVICES 60,000 30,000 35,349 5,349 58.92% 48 REPAIRS MAINTENANCE 41,000 20,500 18,403 (2,097) 44.89% 49 MISCELLANEOUS 78,101 39,051 lco 32,528 (6,522) 41.65% 51 INTERGVRNMTL PROFESSIONAL SVCS 284,000 142,000 94,916 (47,084) 33.42% FIRE 9,948,846 4,974,424 4,787,688 (186,736} 48.12% 12 INFORMATION TECHNOLOGY 11 SALARIES 12 EXTRA LABOR 13 OVERTIME 21 FICA 23 PERS 24 INDUSTRIAL INSURANCE 25 MEDICAL, DENTAL, LI F E, OPTICAL 31 OFFICE OPERATING SUPPLIES 35 SMALL TOOLS MINOR EQUIPMENT 41 PROFESSIONAL SERVICES 42 COMMUNICATION 43 TRAVEL 45 OPERATING RENTALS LEASES 48 REPAIRS MAINTENANCE 49 MISCELLANEOUS 64 MACHINERY& EQUIPMENT INFORMATION TECHNOLOGY Prorated Annual Budget Budget Actual Spent 555,627 277,814 270,038 2,500 1,250 42,921 38,706 2,922 127,403 5,766 122,000 1,000 99,000 1,500 1,500 31,500 40,500 32,000 21,461 19,353 1,461 63,702 2,883 61,000 500 49,500 750 750 15,750 20,250 16,000 662,42,1 182 20,442 14,338 1,076 61,586 2,141 22,729 58,430 368 771 2,395 10,637 1,104,846 000 By Dept 466,131 Variance (7,775) (1,250) 182 (1,019) (5,015) (385) (2,116) (742) (38,271) (500) 8,930 (382) 21 (13,355) (9,613) (16,000) j87,292) Spent 48.60% 0.00% 0.00% 47.63% 37.04% 36.82% 48.34% 37.12% 18.63% 0.00% 59.02% 24.51% 51.38% 7.60% 26.26% 0.00% •2.10% 12 CITY OF TUKWILA General Fund Expenditures By Department As of June 30 2011 of year expired 50.00% 000 By Dept 13 Prorated 13 PUBLIC WORKS Annual Budget Budget_ Actual Spent Variance Spent 11 SALARIES 1,846,484 923,242 840,188 (83,054) 45.50% (q) 12 EXTRA LABOR 3,500 1,750 (1,750) 0.00% 13 OVERTIME 4,556 2,278 5,740 3,462 125.99% r) 21 FICA 137,065 68,533 63,779 (4,754) 46.53% 23 PERS 128,577 64,289 45,357 (18,931) 35.28% 24 INDUSTRIAL INSURANCE 25,742 12,871 10,948 (1,923) 42.53% 25 MEDICAL, DENTAL, LIFE,OPTICAL 363,973 181,987 159,193 (22,793) 43.74% 28 UNIFORM CLOTHING 3,800 1,900 386 (1,514) 10.16% 31 OFFICE OPERATING SUPPLIES 99,460 49,730 43,495 (6,235) 43.73% 35 SMALL TOOLS MINOR EQUIPMENT 43,750 21,875 415 (21,460) 0.95% 41 PROFESSIONAL SERVICES 31,400 15,700 9,704 (5,996) 30.90% 42 COMMUNICATION 7,750 3,875 7,725 3,850 99.67% 43 TRAVEL 800 400 506 106 63.27% 45 OPERATING RENTALS LEASES 182,163 91,082 86,925 (4,157) 47.72% 47 PUBLIC UTILITY SERVICES 379,449 189,725 160,382 (29,343) 42.27% 48 REPAIRS MAINTENANCE 165,521 82,761 96,042 13,282 58.02% 49 MISCELLANEOUS 60,535 30,268 1,874 (28,394) 3.10% PUBLIC WORKS 3,484,526 1,742,264; 1,532,658 (209,604) 43.98% Prorated 16 PARK MAINTENANCE Annual Budget Budget Actual Spent Variance Spent 11 SALARIES 399,264 199,632 201,217 1,585 50.40 12 EXTRA LABOR 35,020 17,510 160 (17,350) 0.46% 13 OVERTIME 2,295 1,148 301 (846) 13.13% 21 FICA 30,070 15,035 15,105 70 50.23% 23 PERS 27,793 13,897 10,646 (3,250) 38.31% 24 INDUSTRIAL INSURANCE 9,937 4,969 5,241 272 52.74% 25 MEDICAL, DENTAL, LIFE,OPTICAL 68,099 34,050 34,147 98 50.14% 26 UNEMPLOYMENT COMPENSATION 8,357 8,357 0.00% (1) 28 UNIFORM CLOTHING 1,425 713 (713) 0.00% 31 OFFICE OPERATING SUPPLIES 36,968 18,484 13,863 (4,621) 37.50% 35 SMALL TOOLS MINOR EQUIPMENT 1,500 750 34 (716) 2.26% 41 PROFESSIONAL SERVICES 25,000 12,500 14,577 2,077 58.31% 43 TRAVEL 86 86 0.00% 45 OPERATING RENTALS LEASES 85,530 42,765 44,944 2,179 52.55% 47 PUBLIC UTILITY SERVICES 149,000 74,500 47,174 (27,326) 31.66% 48 REPAIRS MAINTENANCE 40,000 20,000 9,699 (10,301) 24.25% 49 MISCELLANEOUS 4,000 2,000 1,243 (757) 31.06% 63 OTHER IMPROVEMENTS 7,000 3,500 (3,500) 0.00% PARK MAINTENANCE 922.901 i 461,461 406,784 (64 „667) 44.08% 000 By Dept 13 CITY OF TUKWILA General Fund Expenditures BV Department As of June 30 2011 of year expired 50.00% Prorated 16 STREET MAINTENANCE OPERATION Annual Budget Budget Actual Spent Variance Spent 11 SALARIES 749,184 374,592 345,518 (29,074) 46.12% 12 EXTRA LABOR 43,723 21,862 22,116 255 50.58% 13 OVERTIME 11,474 5,737 24,382 18,645 212.50% (s) 21 FICA 56,845 28,423 29,773 1,351 52.38% 23 PERS 52,161 26,081 20,791 (5,289) 39.86% 24 INDUSTRIAL INSURANCE 20,778 10,389 10,928 539 52.60% 25 MEDICAL, DENTAL, LIFE,OPTICAL 171,370 85,685 82,116 (3,569) 47.92% 28 UNIFORM CLOTHING 2,375 1,188 388 (800) 16.32% 31 OFFICE OPERATING SUPPLIES 318,800 159,400 57,277 (102,123) 17.97% 35 SMALL TOOLS MINOR EQUIPMENT 10,931 5,466 3,577 (1,889) 32.72% 41 PROFESSIONAL SERVICES 4,000 2,000 3,487 1,487 87.18% 42 COMMUNICATION 4,300 2,150 705 (1,445) 16.41% 43 TRAVEL 2,700 1,350 643 (707) 23.80% 44 ADVERTISING 1,500 750 480 (270) 31.97% 45 OPERATING RENTALS LEASES 407,287 203,644 201,944 (1,700) 49.58% 46 INSURANCE 35,455 17,728 35,455 17,728 100.00% (n) 47 PUBLIC UTILITY SERVICES 678,760 339,380 349,418 10,038 51.48% 48 REPAIRS MAINTENANCE 27,100 13,550 734 (12,816) 2.71% 49 MISCELLANEOUS 5,200 2,600 221 (2,379) 4.25% 53 EXT TAXES OPERATING ASSMNTS 3 0.00% STREET MAINTENANCE OPERATION 2,603,94,1 1,301,972 1 9 189,954 (112;020) 46.70 Prorated 20 CONTRIBUTIONS FUND BALANCE Annual Budget Bud Actual Spent Variance Spent 01 TRANSFERS OUT 8,039,495 4,019,748 1,221,134 (2,798,613) 15.19% (t) 26 UNEMPLOYMENT COMPENSATION 30,000 15,000 (15,000) 0.00% (1) 46 INSURANCE 200,000 100,000 78,120 (21,880) 39.06% 49 MISCELLANEOUS 323,000 161,500 189,378 27,878 58.63% CONTRIBUTIONS FUND BALANCE 8,692,496 4,296,248 1,488,63z (2,807,616) 17.32% (b) Public defender costs were budgeted under Professional Services for the Mayor's department rather than the Court. Public Defender costs charged to the Court will be moved to the Mayor's department. c) Most dues and subscriptions are due at the beginning of the year; therefore actual costs as a percentage of the annual budget exceed budget. (e) Overtime for the Finance department is due primarily to the additional staff time required to implement the new business license module and administer the RGRL and Rental Housing license fee programs and prepare the CAFR. (k) Costs for Incident Command Vehicle. Costs were shared among the Police department, Fund 303 and Fund 109. (1) Unemployment costs stem from claims by individuals who separated service at the end of 2010. (n) Insurance premiums are paid once a year at the beginning of the year. Therefore most of the annual budget has been expended by the end of the first quarter. (o) The Police 800 mhz radio assessment includes a 1 st Quarter Wash State Patrol Access fee of $135,584. (q) Salaries are below budget because some salaries were budgeted in the general fund but charged to the Arterial Street fund when staff worked on street projects. See the corresponding overbudget situation in the Fund 104 analysis. r) Overtime costs were incurred in connection with a West Valley Highway Puget Sound Energy project that was conducted at night. These costs are reimburseable by PSE. (s) The Street Maintenance overtime expense is high compared with budget due to the labor required to combat the snow and ice conditions in January and in connection with the Andover Park West emergency sewer repair. (t) Transfers -out is below budget because these transfers will be made on an as needed basis rather than ratably over the year. 000 By Dept I CITY OF TUKWILA General Fund Expenditures By Category As of June 30 2011 of year expired 50.00% 000 By Category 15 Prorated TOTALS BY CATEGORY SUMMARIZED Annual Budget Budget Actual Spent Variance Spent MISCELLANEOUS GENERAL GOVERNMT 8,039,495 4,019,748 1,221,134 (2,798,613) 15.19% SALARIES AND BENEFITS 32,273,035 16,136,518 15,473,171 (663,346) 47.94% SUPPLIES 1,263,574 631,787 365,505 (266,282) 28.93% PROFESSIONAL SERVICES 8,278,858 4,139,429 3,975,226 (164,203) 48.02% INTERGOVERNMENTAL 2,878,400 1,439,200 1,079,198 (360,002) 37.49% CAPITAL EXPENDITURES 105,000 52,500 110,219 57,719 104.97% Grand Totals 52,838,362 26,419,181 22,22445s (4,194,7281" 42.06% Prorated TOTALS BY CATEGORY DETAIL Annual Budget Budget Actual Spent Variance Spent 00 MISCELLANEOUS GENERAL GOVERNMT 8,039,495 4,019,748 1,221,134 (2,798,613) 15.19% 11 SALARIES 22,192,169 11,096,085 10,862,879 (233,206) 48.95% 12 EXTRA LABOR 571,008 285,504 202,438 (83,066) 35.45% 13 OVERTIME 1,366,697 683,349 664,657 (18,692) 48.63% 15 HOLIDAY PAY 178,248 89,124 538 (88,586) 0.30% 21 FICA 1,360,432 680,216 688,276 8,060 50.59% 22 LEOFF 557,552 278,776 311,894 33,118 55.94% 23 PERS 775,408 387,704 286,496 (101,208) 36.95% 24 INDUSTRIAL INSURANCE 394,176 197,088 185,726 (11,362) 47.12% 25 MEDICAL, DENTAL, LIFE,OPTICAL 4,836,800 2,418,400 2,225,000 (193,400) 46.00% 26 UNEMPLOYMENT COMPENSATION 30,000 15,000 44,492 29,492 148.31% 28 UNIFORM CLOTHING 10,545 5,273 774 (4,499) 7.34% 31 OFFICE OPERATING SUPPLIES 1,033,906 516,953 314,927 (202,026) 30.46% 34 ITEMS PURCH. FOR INVENT /RESALE 14,200 7,100 17,626 10,526 124.13% 35 SMALL TOOLS MINOR EQUIPMENT 215,468 107,734 32,951 (74,783) 15.29% 41 PROFESSIONAL SERVICES 2,187,169 1,093,585 855,772 (237,812) 39.13% 42 COMMUNICATION 352,281 176,141 146,606 (29,534) 41.62% 43 TRAVEL 123,015 61,508 40,703 (20,804) 33.09% 44 ADVERTISING 49,950 24,975 11,427 (13,548) 22.88% 45 OPERATING RENTALS LEASES 2,100,276 1,050,138 1,027,584 (22,554) 48.93% 46 INSURANCE 550,535 275,268 434,741 159,474 78.97% 47 PUBLIC UTILITY SERVICES 1,378,209 689,105 662,441 (26,663) 48.07% 48 REPAIRS MAINTENANCE 617,771 308,886 421,235 112,350 68.19% 49 MISCELLANEOUS 919,652 459,826 374,717 (85,109) 40.75% 51 INTERGVRNMTL PROFESSIONAL SVCS 2,878,400 1,439,200 1,079,176 (360,024) 37.49% 53 EXT TAXES OPERATING ASSMNTS 22 22 0.00% 63 OTHER IMPROVEMENTS 7,000 3,500 (3,500) 0.00% 64 MACHINERY EQUIPMENT 98,000 49,000 110,219 61,219 112.47% Grand Totals S 52,838,362 26,419,181 22.224.461 (4,194,728) 42.06% 000 By Category 15 City of Tukwila Hotel /Motel Tax Fund 101 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Annual Prorated Actual Annual Budget Budget Year-To-Date Varianca Budget Revenue General Revenue Hotel /Motel Taxes 379,706 189,853 208,839 18,986 55.00% Total General Revenue 379,706 189,853 208,839 18,986 55.00% Intergovernmental Revenue 853,000 426,500 407,149 (19,351) 47.73% Miscellaneous Revenue Investment Earnings 1,766 883 1,315 432 74.45% Other Misc Revenue 15,489 7,745 5,581 (2,164) 36.03% Total Miscellaneous Revenue 17,255 8,628 6,896 (1,732) 39.96% Total Revenue 1,249,961 624,981 622,883 (2,097 49.83°1 Expenditures 11 Salaries 270,753 135,377 142,967 7,591 52.80% 12 Extra Labor 24,000 12,000 7,908 (4,092) 32.95% 13 Overtime 10,110 5,055 12,968 7,913 128.27% 21 FICA 20,712 10,356 11,913 1,557 57.52% 22 LEOFF 927 927 0.00% 23 PERS 18,871 9,436 7,667 (1,769) 40.63% 24 Industrial Insurance 1,843 922 1,087 165 58.98% 25 Medical, Dental, Life, Optical 36,041 18,021 20,035 2,015 55.59% 31 Office Operating Supplies 16,000 8,000 11,087 3,087 69.30% 41 Professional Services 288,000 144,000 180,097 36,097 62.53% 42 Communication 60,000 30,000 19,709 (10,291) 32.85% 43 Travel 23,000 11,500 6,594 (4,906) 28.67% 44 Advertising 657,000 328,500 285,232 (43,268) 43.41% 45 Operating Rentals Leases 49,000 24,500 24,469 (31) 49.94% 47 Public Utility Services 1,500 750 3,224 2,474 214.93% 48 Repairs Maintenance 1,000 500 36 (464) 3.57% 49 Miscellaneous 21,400 10,700 6,011 (4,689) 28.09% 64 Capital Outlay 10,000 5,000 (5,000) 0.00% Total Hotel /Motel Tax Fund 1,509,230 754,615 741,931 (12,684) 49.16% Transfers Out Indirect cost allocation 88,779 44,390 44,389 (0) 50.00% Total Expenses 1,598,009 799,005 786,320 (12,684) 49.21% Change in Fund Balance (348,048) (174,024) (163,437) 10,587 46.96% Beginning Fund Balance 800,000 800,000 850,106 50,106 106.26% Ending Fund Balance 451,952 625,976 686,669 w 60,693 161.93% Cash and investments 497,927 Variance Actual Over (Under) Prorated Budget Fund 101 I. City of Tukwila Street Fund 103 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Annual Prorated Actual Annual Budget Budget Year -To -Date Variance Budget Revenue Intergovernmental Revenue (MVFT Taxes) 230,000 115,000 130,060 15,060 56.55% Miscellaneous Revenue Investment Earnings 1,000 500 1,909 1,409 190.93% Total Miscellaneous Revenue 1,000 500 1,909 1,409 190.93% Total Revenue 231`;000 115,500 131,969 16,469 57.13% Expenditures 11 Salaries 1,970 1,970 0.00% 21 FICA 146 146 0.00% 23 PERS 105 105 0.00% 24 Industrial Insurance 6 6 0.00% 25 Medical, Dental, Life, Optical 83 83 0.00% 41 Professional Services 150,000 75,000 (75,000) 0.00% (a) Total 150,000 75,000 2,310 (72,690) 1.54% Transfers Out Indirect cost allocation 9 ,829 4,915 4,914 (0) 50.00% Total Expenses; 159,829 79,915 7,224 (72,690) 4.52% Change in Fund Balance 71,171 35,586 124,745 89,159 175.27% Beginning Fund Balance 500,000 500,000 607,646 107,646 121.53% Ending Fund Balance 571,171 536,686 732,390 196,805 128.23% Cash and investments 733,893 (a) The budgeted services are for beginning design work for improvements to 42nd Ave South from Southcenter Blvd to South 160th. Variance Actual over (under) prorated budget Fund 103 17 City of Tukwila Arterial Street Fund 104 Revenue and Expenditures As of June 30 2011 of year expired 50.00% Cash and investments 8,906,680 (a) Substantial parking fees have been received from ATZ Shuttle contributing to the overbudget, favorable parking tax revenue vrariance. (b) Investment earnings are allocated to funds based on the average quarter -end cash and investment balances. 2nd quarter investment earnings City -wide constitute 62% of the annual investment income budget. This favorable variance is due partially to the purchase in November and December 2010 of longer -term, higher yielding investment instruments. Variance Actual over(under) prorated budget. Fund 104 2011 Prorated Actual of Annual Annual Bu dqet Budget Year -To -Date Variance Budqet Revenue General Revenue Sales and Use Taxes 109,302 54,651 61,205 6,554 56.00% Parking Taxes 108,017 54,009 86,114 32,105 79.72% (a) Real Estate Excise Taxes 100,000 50,000 81,523 31,523 81.52% Total General Revenue 317,319 158,660 228,841 70,181 72.12% Intergovernmental Revenue 15,244,000 7,622,000 5,317,752 (2,304,248) 34.88% (c) Miscellaneous Revenue Investment Earnings 3,820 1,910 39,349 37,439 1030.07% (b) Contributions /Donations 324,000 162,000 59,415 (102,585) 18.34% Total Miscellaneous Revenue 327,820 163,910 98,764 (65,146) 30.13% Transfer In 2,000,000 1,000,000 (1,000,000) 0.00% (d) Debt Proceeds 15,901,000 7,950,500 (7,950,500) 0.00% (e) Total Revenue s3,790,139 16,895,070 5,645,367 (11,249,713) 16.71% Expenditures 11 Salaries 201,660 100,830 182,854 82,024 90.67% (f) 12 Extra Labor 3,000 1,500 2,736 1,236 91.20% 13 Overtime 4,781 4,781 0.00% 21 FICA 14,950 7,475 14,340 6,865 95.92% (f) 23 PERS 14,037 7,019 9,964 2,945 70.98% 24 Industrial Insurance 621 311 867 556 139.59% 25 Medical, Dental, Life, Optical 26,078 13,039 28,336 15,297 108.66% 31 Office Operating Supplies 1,845 1,845 0.00% 35 Small Tools Minor Equipment 4,709 4,709 0.00% 41 Professional Services 6,393,000 3,196,500 1,574,116 (1,622,384) 24.62% (c) 44 Advertising 1,225 1,225 0.00% 45 Operating Rentals Leases 1,297 1,297 0.00% 47 Public Utility Services 682 682 0.00% 48 Repairs Maintenance 189 189 0.00% 49 Miscellaneous 610 610 0.00% 64 Capital Outlay 27,227,000 13,613,500 4,545,090 (9,068,410) 16.69% (c) Total Arterial Streets 104 33,880,346 16,940,173 6,373,639 (10,566,534) 18.81% Transfers Out Indirect cost allocation 120,324 60,162 60,162 50.00% Total Expenses 34,000,670 17,000,336 6,433,801 (10,666,634) 18.92% Change in Fund Balance (210,531) (105,266) (788,444) (683,179) 374.50% Beginning Fund Balance 5,000,000 5,000,000 11,053,410 6,053,410 221.07% Ending Fund Balance 4,789,469 4,894,735 10,264,966 5,370,231 214.32 Cash and investments 8,906,680 (a) Substantial parking fees have been received from ATZ Shuttle contributing to the overbudget, favorable parking tax revenue vrariance. (b) Investment earnings are allocated to funds based on the average quarter -end cash and investment balances. 2nd quarter investment earnings City -wide constitute 62% of the annual investment income budget. This favorable variance is due partially to the purchase in November and December 2010 of longer -term, higher yielding investment instruments. Variance Actual over(under) prorated budget. Fund 104 Arterial Street Fund 104 Revenue and Expenditures As of June 30 2011 of year expired 50.00% c) Grant revenue is under budget partially due to the inherent delay in receiving funds under the cost reimbursement method and because the associated professional services and capital outlay activity is also underbudget. The 2nd quarter capital project activity, including grant revenue received, is summarized below: Southcenter Southcenter Other Total Access Project Parkway Extension Grant revenue 2,361,002 1,767,393 163,877 4,292,272 Expenditures: Professional service 638,147 446,037 135,013 1,219,197 Capital outlay 2,712,674 1,715,720 45,329 4,473,723 Total Expenditures 3,350,821 2,161,756 180,342 5,692,920 2nd Quarter Net Outlay (989,819) (394,363) (16,465) (1,400,648) (d) Transfers into the fund from the general fund will occur on an as needed basis. (e) A debt issue was budgeted in 2011 to help finance the Southcenter Access project. Instead of issuing debt, interfund loans will be used, at least in the interim, to fund these costs. (f) Certain Public Works staff, whose salaries are budgeted in the general fund, worked on arterial street projects and charged their time to this fund creating an overbudget situation. The only two staff that are budgeted into the arterial street fund are Mike Ronda and Cyndy Knighton. Variance Actual over(under) prorated budget. Fund 104 IN City of Tukwila Contingency Fund 105 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 Annual Prorated Actual of Annual Budget Budget Year -To -Date Variance Bu dget Revenue Miscellaneous Revenue Investment Earnings 1,816 908 1,541 633 84.83% Total Miscellaneous Revenue 1,816 908 1,541 633 84.83% Transfers In 400,000 200,000 566,260 366,260 141.57% Total Revenue 401,816 200,908 567,801 366,893, 141.31 Change in Fund Balance 401,816 200,908 567,801 366,893 141.31% Beginning Fund Balance 892,000 892,000 889,470 (2,530) 99.72% Ending Fund Balance 1,293,816 1,092,908 1,457,270 364,362 1112.63% Cash and investments 1,457,270 Variance Actual over (under) prorated budget Fund 105 20 City of Tukwila Fire Equipment Cum. Reserve 107 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Prorated Actual Annual Annual Budget Budget Year -To -Date Varianca Bud get Revenue Miscellaneous Revenue Investment Earnings 1,685 843 732 (111) 43.43% Total Miscellaneous Revenue 1,685 843 732 (111) 43.43% Transfers In 130,000 65,000 65,000 50.00% Total Revenue 131,685 65,843 65,732 (111) 49.92% Expenditures 31 Office Operating Supplies 2,000 1,000 (1,000) 0.00% Transfers Out Indirect cost allocation 14 7 7 0 50.14% Total Expenses 2,014 1,007 7 (1,000) 0.35% Change in Fund Balance 129,671 64,836 65,725 889 50.69% Beginning Fund Balance 640,000 640,000 744,890 104,890 116.39% Ending Fund Balance 769,671 704,836 0 810,616 R 105,780 105.32% Cash and investments 884,605 Variance Actual over (under) prorated budget Fund 107 21 City of Tukwila Drug Seizure Fund 109 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 Revenue Miscellaneous Revenue Investment Earnings 1,000 500 305 (195) 30.53% Seizure Revenue 110,000 55,000 9,192 (45,808) 8.36% Total Miscellaneous Revenue 111,000 55,500 9,498 (46,002) 8.56% Transfers In 75,000 37,500 (37,500) 0.00% Total Revenue 186,000 93,000 9,498 X83,602) 6.11% Expenditures 31 Office Operating Supplies 3,000 1,500 1,884 384 62.81% 35 Small Tools Minor Equipment 821 821 0.00% 41 Professional Services 10,000 5,000 62 (4,938) 0.62% 42 Communication 310 310 0.00% 45 Operating Rentals Leases 10,000 5,000 (5,000) 0.00% 49 Miscellaneous 2,000 1,000 (1,000) 0.00% 64 Capital Outlay 269,000 134,500 185,208 50,708 68.85% (a) Total Expenses 294,000 147,000 188,285 41,285 54.04% Change in Fund Balance (108,000) (54,000) (178,787) (124,787) 165.54% Beginning Fund Balance 220,000 220,000 316,024 96,024 143.65% Ending Fund Balance 112,000 166,000 137,,2.51 w {28,763) ]22.53°% Cash and investments 137,237 (a) Budget of $269,000 and costs year -to -date are for purchase of the Incident Command Vehicle. Variance Actual over (under) prorated budget Fund 109 22 City of Tukwila Debt Service Funds 2XX Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Prorated Actual, Annual Annual Budget Budget Year -To -Date Variance Budget Revenue 0.21% (2,994) 0.21% Miscellaneous Revenue 14.75% (a) (1,059,925) 15.52% Investment Earnings 3,000 1,500 6 Total Miscellaneous Revenue 3,000 1,500 6 Transfers In 2,903,495 1,451,748 428,144 Total Revenue 2,973,152 1,486,576 461,479 Expenditures 80 Debt Service Principal 1,766,126 883,063 81 Debt Service Interest 1,158,722 579,361 427,745 Total Debt Service Funds 2,924,848 1,462,424 427,745 Transfers Out Indirect cost allocation 45,304 22,652 22,653 Total Expenses 2,970,152 1,485,076 450,398 Change in Fund Balance 3,000 1,500 11,081 Beginning Fund Balance 3,050 Ending Fund Balance 3,000 1,500 14,132 Cash and investments 14,132 (a) Funds will be transferred in from the General Fund at the end of each quarter to cover debt service costs. Variance Actual over (under) prorated budget Fund 2XX (2,994) 0.21% (2,994) 0.21% (1,023,603) 14.75% (a) (1,059,925) 15.52% (883,063) 0.00% (151,616) 36.92% (1,034,679) 14.62% 1 50.00% (1,034,678) 15.16% 9,581 369.37% 3,050 0.00% 12,632 471.05 23 City of Tukwila Open Space and Parks Acq. Fund 301 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Prorated, Actual Annual Annual Budget Budget Year -To -Date Variance Budget Revenue General Revenue Property Taxes 64,000 32,000 27,352 (4,648) 42.74% Real Estate Excise Taxes 100,243 50,122 81,788 31,667 81.59% Total General Revenue 164,243 82,122 109,140 27,018 66.45% Charges for Services Park Impact Fees 93,000 46,500 10,564 (35,936) 11.36% Total Charges for Services 93,000 46,500 10,564 (35,936) 11.36% Intergovernmental Revenue 327,000 163,500 2,636 (160,864) 0.81% Miscellaneous Revenue Investment Earnings 7,000 3,500 22,454 18,954 320.77% Rents and Concessions 5,000 2,500 3,307 807 66.15% Total Miscellaneous Revenue 12,000 6,000 25,761 19,761 214.68% Total Revenue 496,243 0 298,122 0 148,102 0 (150,019) 24.84% Expenditures 11 Salaries 7,226 7,226 0.00% 21 FICA 532 532 0.00% 23 PERS 384 384 0.00% 24 Industrial Insurance 22 22 0.00% 25 Medical, Dental, Life, Optical 1,094 1,094 0.00% 31 Office Operating Supplies 1,400 1,400 0.00% 41 Professional Services 545,000 272,500 6,401 (266,099) 1.17% (a) 47 Public Utility Services 1,500 1,500 0.00% 48 Repairs Maintenance 3,872 3,872 0.00% 64 Capital Outlay 372,000 186,000 (186,000) 0.00% Total Park Acquisition Fund 917,000 458,500 22,432 (436,068) 2.45% Transfers Out Indirect cost allocation 97,721 48,861 48,861 0 50.00% Total Expenses 1,014,721 507,361 71,292 (436,068) 0 Change in Fund Balance (418,478) (209,239) 76,810 286,049 18.35% Beginning Fund Balance 4,500,000 4,500,000 4,773,512 273,512 106.08% Ending Fund Balance 4,081,522 4,290 4,8503322 559,561 118.84 %G Cash and investments 4,845,418 (a) Pool renovation services constitute $404,000 of the professional services budget. This work has been postponed indefinitely. Variance Actual over (under) prorated budget Fund 301 24 City of Tukwila Facility Replacement Fund 302 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Revenue Charges for Services Sales and Use Taxes 317 159 (159) 0.00% Total Charges for Services 317 159 (159) 0.00% Miscellaneous Revenue Investment Earnings 5,439 2,720 1,837 (883) 33.77% Total Miscellaneous Revenue 5,439 2,720 1,837 (883) 33.77% Total Revenue 5,766 2,878 1,837 (1,041) 31.91% Expenditures 11 Salaries 211 211 0.00% 21 FICA 16 16 0.00% 23 PERS 11 11 0.00% 24 Industrial Insurance 1 1 0.00% 41 Professional Services 28,000 14,000 (14,000) 0.00% 47 Public Utility Services 4,185 4,185 0.00% 64 Capital Outlay 73,000 36,500 (36,500) 0.00% Total Expenditures 101,000 50,500 4,423 (46,077) 4.38% Transfers Out Indirect cost allocation 24,563 12,282 12,282 0 50.00% Total Expenses 125,663 62,782 16,706 (46,077) 13.30% Change in Fund Balance (119,807) (59,904) (14,868) 45,036 12.41% Beginning Fund Balance 2,000,000 2,000,000 2,058,647 58,647 102.93% Ending Fund Balance 1,880,194 1 ,940,09! 2,043,775 103,683 108.70% Cash and investments 2,044,018 Variance Actual over (under) prorated budget Fund 302 25 City of Tukwila General Government Improvements 303 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 Actual of Annual Prorated Year -To- Annual Budget i Budget Date Variance Budget Revenue Intergovernmental Revenue 56,386 28,193 150,354 122,161 266.65% (d) Miscellaneous Revenue Investment Earnings 817 409 1,118 710 136.88% Total Miscellaneous Revenue 817 409 1,118 710 136.88% Transfers In 2,200,000 1,100,000 (1,100,000) 0.00% (a) Total Revenue 2,257,203 1,128,602 151,472 (977,129) 6.71 Expenditures 11 Salaries 94,464 47,232 26,765 (20,467) 28.33% 13 Overtime 1,154 1,154 0.00% 21 FICA 7,226 3,613 2,126 (1,487) 29.42% 23 PERS 6,617 3,309 1,483 (1,826) 22.40% 24 Industrial Insurance 1,000 500 250 (250) 25.02% 25 Medical, Dental, Life, Optical 13,988 6,994 5,728 (1,266) 40.95% 31 Office Operating Supplies 252 252 0.00% 35 Small Tools Minor Equipment 9,348 9,348 0.00% 41 Professional Services 440,000 220,000 10,968 (209,032) 2.49% (a) 42 Communication 13 13 0.00% 49 Miscellaneous 2,651 2,651 0.00% 64 Capital Outlay 1,760,000 880,000 632,342 (247,658) 35.93% (c) Total Fire Impact Fees 2,323,295 1,161,648 693,080 (468,568) 29.83% Transfers Out Indirect cost allocation 41,921 20,961 20,961 0 50.00% Total Expenses 2,365,216 1,182,608 714,040 (468,568) 30.19 Change in Fund Balance (108,013) (54,007) (562,568) (508,562) 520.83% Beginning Fund Balance 400,000 400,000 1,553,018 1,153,018 388.25% (b) Ending Fund Batanc. 291,987 345.994 990.450 644,457 339.21 Cash and investments 907,044 (a) Transfers -in from the General Fund were budgeted to help cover the cost of the removal of the Green River flood prevention materials, the Hesco barriers and the Super Sacks. These costs were budgeted in the professional services and capital outlay line items. It is now anticipated that this work will be done in September or later; it will not be done until the Army Corps of Engineers completes testing of the Howard Hanson Dam and gives approval as to its functionality. Removal activities will be coordinated with the neighboring cities of Auburn and Kent. (b) The large positive variance in beginning fund balance is due to $1.15 million in unspent 2010 bond proceeds at the beginning of the year. (c) Capital outlay was comprised of Q2 Q1 TOTAL_ Incident Command Vehicle 17000 159,000 Generator for 6300 building 199,169 199,169 New phone system 103,797 170376 274,173 TOTAL 461,966 170,376 632,342 The 2010 bond proceeds ($1.58 million apportioned to the 303 fund) were used to fund these expenditures; $482,537 of these bond proceeds remain unspent at the end of the 2nd quarter. (d) Received $109,550 in ARRA Energy Efficiency grant proceeds in 2nd quarter. Variance Actual over (under) prorated budget Fund 303 26 City of Tukwila Fire Impact Fees 304 Revenue and Expenditures As of June 30 2011 Annual Budget of year expired 50.00% 2011 of Prorated, Actual Annual Budget Year- To-Dat" Variance Budget Revenue Charges for Services Fire Impact Fees 50,000 25,000 12,754 (12,246) 25.51% Total Charges for Services 50,000 25,000 12,754 (12,246) 25.51% Investment Earnings 100 50 147 97 147.09% Total Miscellaneous Revenue 100 50 147 97 147.09% Total Revenue 30,100 25.75% 25,050 12,901 (12,149) Expenditures 64 Capital Outlay 0.00% Total Expenses 0.00% Change in Fund Balance 50,100 25,050 12,901 (12,149) 25.75% Beginning Fund Balance 140,000 140,000 156,018 16,018 111.44% Ending Fund Balance 190,100 165,050 8 168 „915 3,869 88.86% Cash and investments 168,919 Variance Actual over (under) prorated budget Fund 304 27 City of Tukwila Water Fund 401 Revenue and Expenditures As of June 30 2011 Salaries 539,758 269,879 of year expired 50.00% 50.19% 12 Extra Labor 2011 3,000 (3,000) 0.00% 13 Overtime 5,738 of 15,630 12,761 Probated Actual! FICA Annual r 20,589 Annual Budget Budget Year-To-Date VariancP Budget Revenue 18,790 15,187 (3,603) 40.41% 24 Charges for Services 12,803 6,402 6,539 137 51.07% Water Sales 4,748,000 2,374,000 1,973,077 (400,923) 41.56% (a) Security 1,000 500 15 (485) 1.50% Total Charges for Services 4,749,000 2,374,500 1,973,092 (401,408) 41.55% Intergovernmental Revenue 1,682,000 841,000 (841,000) 0.00% (b) Miscellaneous Revenue 49,843 3,253 53.49% 33 Water Purchased for Resale Investment Earnings 9,234 4,617 5,780 1,163 62.60% Connection fees 25,000 12,500 1,836 (10,664) 7.34% Other Misc Revenue 300 150 530 380 176.67% Total Miscellaneous Revenue 34,534 17,267 8,146 (9,121) 23.59% Transfers In hydrant rental 106,000 53,000 49,230 (3,770) 46.44% Total Revenue 6,571,534 3,285,767 2,030,468 (1,255,299) 30.90% 11 Salaries 539,758 269,879 270,880 1,001 50.19% 12 Extra Labor 6,000 3,000 (3,000) 0.00% 13 Overtime 5,738 2,869 15,630 12,761 272.40% c) 21 FICA 41,177 20,589 21,822 1,234 53.00% 23 PERS 37,580 18,790 15,187 (3,603) 40.41% 24 Industrial Insurance 12,803 6,402 6,539 137 51.07% 25 Medical, Dental, Life, Optical 107,094 53,547 54,794 1,247 51.16% 26 Unemployment Compensation 1,000 500 (500) 0.00% 28 Uniform Clothing 1,330 665 174 (491) 13.06% 31 Office Operating Supplies 93,181 46,591 49,843 3,253 53.49% 33 Water Purchased for Resale 2,068,000 1,034,000 942,988 (91,012) 45.60% 35 Small Tools Minor Equipment 9,500 4,750 5,087 337 53.55% 41 Professional Services 573,300 286,650 111,825 (174,825) 19.51% 42 Communication 2,500 1,250 318 (932) 12.71% 43 Travel 1,500 750 1,274 524 84.91% 45 Operating Rentals Leases 64,519 32,260 31,419 (840) 48.70% 46 Insurance 20,260 10,130 20,260 10,130 100.00% (d) 47 Public Utility Services 23,000 11,500 7,662 (3,838) 33.31% 48 Repairs Maintenance 3,000 1,500 2,658 1,158 88.62% 49 Miscellaneous 14,811 7,406 22,631 15,226 152.80% 53 Excise Taxes 184,000 92,000 61,087 (30,913) 33.20% 54 Interfund utility taxes 495,000 247,500 197,363 (50,137) 39.87% 64 Capital Outlay 3,098,000 1,549,000 817,615 (731,385) 26.39% 80 Debt Service Principal 417,581 208,791 370,649 161,858 88.76% 81 Debt Service Interest 135,984 67,992 74,592 6,600 54.85% Total Water Fund 7,956,616 3,978,308 3,102,297 (876,011) 38.99% Transfers Out Indirect cost allocation 355,553 177,777 179,333 1,556 50.44% Total Expenses 8,312,16$ 1,156,085 3,281,630 (874,455) 39.48% Change in Fund Balance (1,740,635) (870,318) (1,251,161) (380,844) 71.88% Beginning Fund Balance 3,700,000 3,700,000 5,928,552 2,228,552 160.23% Ending Fund Balance 1,959,366 2,829,684 4,677,391 61,847 238.72% Expenditures Cash and investments 4,377,038 (a) Water consumption and water rates increase in the summer months. Revenue from water sales is expected to be on target with budgeted revenue by the end of the third quarter. (b) Budget represents anticipated grant revenue for water system work performed in conjunction with the Southcenter Parkway Extension project. Intergovernmental revenue earned from the Highline Water District totaled $604 thousand year -to -date but will not be received until project completion. Variance Actual over (under) prorated budget Fund 401 i City of Tukwila Water Fund 401 Revenue and Expenditures As of June 30 2011 of year expired 50.00% c) Overtime expenditures exceeds budget due to the extra labor required for the Andover Park West emergency water main sewer repair project. (d) Insurance premiums are paid once a year at the beginning of the year. Therefore most, if not all, of the annual budget has been expended by the end of the first quarter. Variance Actual over (under) prorated budget Fund 401 M City of Tukwila Sewer Fund 402 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of /annual Prorated Actual Annual Budget Budget Year- To -Dat- variance Budget Revenue Charges for Services Sewer Sales 5,137,000 2,568,500 2,647,814 79,314 51.54% Total Charges for Services 5,137,000 2,568,500 2,647,814 79,314 51.54% Intergovernmental Revenue 1,360,000 680,000 339,208 (340,792) 24.94% (c) Miscellaneous Revenue Investment Earnings 4,426 2,213 3,267 1,054 73.82% Connection fees 120,000 60,000 37,991 (22,009) 31.66% Total Miscellaneous Revenue 124,426 62,213 41,258 (20,955) 33.16% Total Revenue 6,621 ,426 3,3 10,713 3,0 28,281 (282,432) 45.73% Expenditures 11 Salaries 259,584 129,792 153,526 23,734 59.14% 12 Extra Labor 8,000 4,000 2,174 (1,826) 27.18% 13 Overtime 3,442 1,721 9,146 7,425 265.73% (a) 21 FICA 19,744 9,872 12,522 2,650 63.42% 23 PERS 18,069 9,035 8,671 (363) 47.99% 24 Industrial Insurance 5,576 2,788 3,212 424 57.60% 25 Medical, Dental, Life, Optical 47,440 23,720 27,490 3,770 57.95% 26 Unemployment Compensation 1,000 500 (500) 0.00% 28 Uniform Clothing 570 285 100 (185) 17.54% 31 Office Operating Supplies 22,491 11,246 8,691 (2,555) 38.64% 33 Water Purchased for Resale 3,749,000 1,874,500 1,744,675 (129,825) 46.54% 35 Small Tools Minor Equipment 4,000 2,000 236 (1,764) 5.90% 41 Professional Services 392,600 196,300 83,057 (113,243) 21.16% 42 Communication 2,500 1,250 644 (606) 25.76% 43 Travel 500 250 2,156 1,906 431.18% 44 Advertising 150 75 954 879 635.96% 45 Operating Rentals Leases 131,704 65,852 64,852 (1,000) 49.24% 46 Insurance 15,195 7,598 15,195 7,598 100.00% 47 Public Utility Services 22,050 11,025 12,106 1,081 54.90% 48 Repairs Maintenance 43,000 21,500 380,172 358,672 884.12% (a) 49 Miscellaneous 8,799 4,400 17,640 13,241 200.48% 53 Excise Taxes 40,000 20,000 19,514 (486) 48.79% 54 Interfund utility tax 516,000 258,000 264,810 6,810 51.32% 64 Capital Outlay 2,028,000 1,014,000 312,689 (701,311) 15.42% b) 80 Debt Service Principal 269,761 134,881 192,261 57,380 71.27% 81 Debt Service Interest 87,398 43,699 50,520 6,821 57.80% Total Sewer Fund 7,696,573 3,848,287 3,387,011 (461,276) 44.01% Transfers Out /Indirect cost allocation 266,079 133,040 134,595 1,556 50.58% Total Expenses 7,962,652 3,981,326 3,521,606 (459,720) 44.23 Change in Fund Balance (1,341,226) (670,613) (493,326) 177,287 36.78% Beginning Fund Balance 2,500,000 2,500,000 2,658,708 158,708 106.35% Ending Fund Balance 1,158 1,829,387 2,165,382 335,995 186.87% Cash and investments 1,209,792 (a) Costs exceed budget due to the Andover Park West emergency water main sewer repair project. (b) Budgeted capital outlay is for the Interurban Avenue Gravity Sewer project. (c) Budgeted grant revenue is for the Southcenter Parkway Extension project. Variance Actual over (under) prorated budget Fund 402 30 City of Tukwila Foster Golf Course 411- Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Prorated Actual Annual Annual Budget Budget Year -To -Date Variancp Budget Revenue General Revenue Excise Taxes 1,570 785 639 (146) 40.70% Total Genera Revenue 1,570 785 639 (146) 40.70% Charges for Services Sale of Merchandise 148,000 74,000 59,559 (14,441) 40.24% Greens Fees, Instruction 1,205,500 602,750 407,536 (195,214) 33.81% Total Charges for Services 1,353,500 676,750 467,094 (209,656) 34.51% (a) Miscellaneous Revenue Investment Earnings 1,130 565 (565) 0.00% Rents and Concessions 331,000 165,500 106,596 (58,904) 32.20% Other Misc Revenue 421 421 0.00% Total Miscellaneous Revenue 332,130 166,065 107,017 (59,048) 32.22% (a) Transfers In 225,000 112,500 112,500 50.00% Total Revenue 1,912,200 956,100 687,251 (268,849) 35.94% Expenditures 11 Salaries 661,242 330,621 329,590 (1,031) 49.84% 12 Extra Labor 133,900 66,950 39,047 (27,903) 29.16% 13 Overtime 6,885 3,443 1,729 (1,714) 25.11% 21 FICA 49,536 24,768 27,747 2,979 56.01% 23 PERS 46,046 23,023 17,917 (5,106) 38.91% 24 Industrial Insurance 14,110 7,055 8,536 1,481 60.49% 25 Medical, Dental, Life, Optical 116,762 58,381 55,645 (2,736) 47.66% 26 Unemployment Compensation 11,000 5,500 6,150 650 55.91% 28 Uniform Clothing 1,200 600 (600) 0.00% 31 Office Operating Supplies 98,908 49,454 36,561 (12,893) 36.96% 34 Items Purchased for Resale 130,500 65,250 51,379 (13,871) 39.37% 35 Small Tools Minor Equipment 2,500 1,250 52 (1,198) 2.10% 41 Professional Services 10,000 5,000 2,856 (2,144) 28.56% 42 Communication 9,700 4,850 4,461 (389) 45.99% 43 Travel 1,250 625 20 (605) 1.60% 44 Advertising 7,000 3,500 186 (3,314) 2.65% 45 Operating Rentals Leases 109,475 54,738 53,742 (996) 49.09% 46 Insurance 15,195 7,598 15,195 7,598 100.00% (b) 47 Public Utility Services 64,765 32,383 29,607 (2,775) 45.71% 48 Repairs Maintenance 36,000 18,000 14,265 (3,735) 39.63% 49 Miscellaneous 39,722 19,861 4,789 (15,072) 12.06% 53 Excise Taxes 6,000 3,000 637 (2,363) 10.61% 54 Interfund admissions tax 66,000 33,000 23,929 (9,071) 36.26% 64 Capital Outlay 75,000 37,500 (37,500) 0.00% 80 Debt Service Principal 203,892 101,946 (101,946) 0.00% 81 Debt Service Interest 146,266 73,133 70,543 (2,590) 48.23% Total Foster Golf Course Fund 2,062,854 1,031,427 794,582 (236,845) 38.52% Transfers Out Indirect cost allocation 221,515 110,758 110,757 (0) 50.00% Total Expenses 2,284,369 1,142,185 905,340 (236,845) 39.63% Change in Fund Balance (372,169) (186,085) (218,089) (32,005) 58.60% Beginning Fund Balance 425,000 425,000 280,013 (144,987) 65.89% Ending! Fund Balance 52,831 238 ,910 v 51,924 1176,992) 117.21% Cash and investments (169,408) (a) The negative revenue budget variance should diminish in the third quarter since, as the weather gets warmer and drier, the golf activity usually picks up. (b) Insurance premiums are paid once a year at the beginning of the year. Therefore most, if not all, of the annual budget has been expended by the end of the first quarter. Variance Actual over (under) prorated budget Fund 411 31 City of Tukwila Surface Water Fund 412 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Prorated Actual Annual Annuals Budget Year -To -Date Varianca** Budget Revenue Charges for Services Surface Water Sales 3,328,125 1,664,063 1,667,821 3,759 50.11% (a) Total Charges for Services 3,328,125 1,664,063 1,667,821 3,759 50.11% Intergovernmental Revenue 175,670 87,835 (87,835) 0.00% Miscellaneous Revenue Investment Earnings 11,091 5,546 10,519 4,974 94.85% Other Misc Revenue 25 25 0.00% Total Miscellaneous Revenue 11,091 5,546 10,544 4,999 95.07% Total Revenue 4,514,886 1,75 1,678,366 (79,077) 47.75% Expenditures 11 Salaries 692,784 346,392 321,053 (25,339) 46.34% 12 Extra Labor 23,000 11,500 5,726 (5,774) 24.90% 13 Overtime 11,653 5,827 17,842 12,015 153.11% (c) 21 FICA 52,290 26,145 26,049 (96) 49.82% 23 PERS 48,260 24,130 18,158 (5,972) 37.63% 24 Industrial Insurance 15,669 7,835 6,987 (847) 44.59% 25 Medical, Dental, Life, Optical 157,924 78,962 68,874 (10,088) 43.61% 26 Unemployment Compensation 1,000 500 4,618 4,118 461.78% 28 Uniform Clothing 1,425 713 600 (113) 42.11% 31 Office Operating Supplies 42,521 21,261 14,575 (6,686) 34.28% 35 Small Tools Minor Equipment 3,000 1,500 201 (1,299) 6.70% 41 Professional Services 654,570 327,285 143,270 (184,015) 21.89% 42 Communication 2,000 1,000 (1,000) 0.00% 43 Travel 2,000 1,000 666 (334) 33.32% 44 Advertising 500 250 (250) 0.00% 45 Operating Rentals Leases 95,569 47,785 46,963 (821) 49.14% 46 Insurance 15,195 7,598 15,195 7,598 100.00% (b) 47 Public Utility Services 61,600 30,800 4,240 (26,560) 6.88% 48 Repairs Maintenance 13,965 6,983 1,734 (5,248) 12.42% 49 Miscellaneous 8,685 4,343 23,267 18,924 267.90% (d) 53 Excise Taxes 25,000 12,500 20,516 8,016 82.07% 54 Interfund utility tax 338,000 169,000 167,307 (1,693) 49.50% (a) 64 Capital Outlay 1,434,000 717,000 (717,000) 0.00% 80 Debt Service Principal 336,847 168,424 310,272 141,848 92.11% 81 Debt Service Interest 32,725 16,363 25,860 9,498 79.02% Total Surface Water Fund 4,070,182 2,035,091 1,243,975 (791,116) 30.56% Transfers Out 207,441 103,721 103,721 50.00% Total Expenses 4,277,623 2,138,812 1,347,695 (791,116) 31.51% Change in Fund Balance (762,737) (381,369) 330,670 712,039 43.35% Beginning Fund Balance 1,700,000 1,700,000 2,290,808 590,808 134.75% Ending Fund Balance 937,264 a 1,318,632 2,621,478 1,302,846 9,79.70% Cash and investments 2,575,702 (a) The semi annual surface water fees were due the first week of March. Since this is a semi annual billing, revenue collected in the first half of the year should be at 50% of the annual budget to be on target, which it is. (b) Insurance premiums are paid once a year at the beginning of the year. Therefore most, if not all, of the annual budget has been expended by the end of the first quarter. Variance Actual over (under) prorated budget Fund 412 32 City of Tukwila Surface Water Fund 412 Revenue and Expenditures As of June 30 2011 of year expired 50.00% (c) Overtime expenditures exceed budget due to the extra labor required for the Andover Park West emergency water main sewer repair project. (d) The majority of miscelllaneous costs are comprised of lien fees and credit card fees. Variance Actual over (under) prorated budget Fund 412 33 City of Tukwila Equipment Rental /Replacement Fund 501 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 of Prorated, Actual, Annual Annual Budget Budget Year-To-Date Variance Budget Revenue 549,903 Charges for Services 50.00% ERR O &M Dept Charges 1,099,806 Equipment Replacement Charges 754,515 Fuel Sales 474,000 Transportation 150 Total Charges for Services 2,328,471 Miscellaneous Revenue 0.00% Investment Earnings 14,269 Total Miscellaneous Revenue 14,269 Sale of Capital Assets Total Revenuo 2 ,342,740 Expenditures 4,367 11 Salaries 339,278 12 Extra Labor 10,000 13 Overtime 1,147 21 FICA 25,776 23 PERS 23,637 24 Industrial Insurance 9,034 25 Medical, Dental, Life, Optical 77,189 26 Unemployment Compensation 1,000 28 Uniform Clothing 950 31 Office Operating Supplies 2,979 34 Items Purchased for Resale 689,000 35 Small Tools Minor Equipment 2,500 41 Professional Services 550 42 Communication 2,000 43 Travel 45 Operating Rentals Leases 40,081 46 Insurance 10,130 48 Repairs Maintenance 130,781 49 Miscellaneous 6,500 64 Capital Outlay 651,100 Total Equipment Rental Fund 2,023,632 Transfers Out 208,979 Total Expenses 2,232 Change in Fund Balance 110,129 Beginning Fund Balance 3,300,000 Ending Fund Balance 3,410,125 Cash and investments (72,709) 549,903 549,903 50.00% 377,258 366,423 (10,835) 48.56% 237,000 237,000 50.00% 75 (75) 0.00% 1,164,236 1,153,326 (10,910) 49.53% 7,135 4,131 (3,004) 28.95% 7,135 4,367 (2,767) 30.61% 23,915 23,915 0.00% 1,17 1,370 1,181,608 10,238 50.44% 169,639 168,934 (705) 49.79% 5,000 5,736 736 57.36% 574 508 (66) 44.25% 12,888 13,321 433 51.68% 11,819 9,302 (2,516) 39.35% 4,517 4,835 318 53.52% 38,595 38,671 76 50.10% 500 (500) 0.00% 475 288 (187) 30.27% 1,490 555 (934) 18.64% 344,500 271,791 (72,709) 39.45% 1,250 1,857 607 74.27% 275 750 475 136.41% 1,000 512 (488) 25.59% 92 92 0.00% 20,041 20,041 0 50.00% 5,065 10,130 5,065 100.00% (b) 65,391 15,990 (49,400) 12.23% 3,250 2,941 (309) 45.25% 325,550 32,502 (293,048) 4.99% 1,011,816 598,754 (413,062) 29.59% 104,490 104,490 0 50.00% 1,116,306 703,243 (413,062) 31.50% 55,065 478,365 423,301 434.37% 3,300,000 3,321,984 21,984 100.67% 3 3,355,065 3,800,345 445 111.44 3,803,723 (b) Insurance premiums are paid once a year at the beginning of the year. Therefore most, if not all, of the annual budget has been expended by the end of the first quarter. Variance Actual over (under) prorated budget Fund 501 34 City of Tukwila Insurance Fund 502 Revenue and Expenditures As of June 30 2011 Annual Budget of year expired 50.00% 2011 of Prorated Actual, Annual Budget Year -To -Date Variance Budget Revenue Charges for Services Employee Benefit Programs 621 311 562 252 90.54% Total Charges for Services 621 311 562 252 90.54% Miscellaneous Revenue Investment Earnings 10,032 5,016 14,685 9,669 146.38% Employer Trust Contributions 4,110,708 2,055,354 2,118,217 62,863 51.53% Employee Contributions 60,000 30,000 40,595 10,595 67.66% Other Misc Revenue 6,200 3,100 268 (2,832) 4.32% Total Miscellaneous Revenue 4,186,940 2,093,470 2,173,765 80,295 51.92% Total Revenue 4,187,561 2,093,781 2,174,327 80,547 51.92% Expenditures 25 Medical, Dental, Life, Optical 4,100,000 2,050,000 1,567,805 (482,195) 38.24% 41 Professional Services 25,000 12,500 4,264 (8,236) 17.06% 49 Miscellaneous 20,500 10,250 2,494 (7,756) 12.16% Total 4,145,500 2,072,750 1,574,563 (498,187) 37.98% Transfers Out Indirect cost allocation 110,241 55,121 55,121 50.00% Total Expenses 4,255,741 2,127,871 1,629,683 (498,187) 38.29% Change in Fund Balance (68,180) (34,090) 544,644 578,734 798.83% Beginning Fund Balance 4,500,000 4,500,000 4,553,247 53,247 101.18% Ending Fund Balance 4 ,431,820 u 4,465,910 5,097,891 631,981, 116.03 Cash and investments 6,048,103 Variance Actual over (under) prorated budget Fund 502 35 City of Tukwila LEOFF Insurance Fund 503 Revenue and Expenditures As of June 30 2011 of year expired 50.00% 2011 %of; Prorated Actual Annual Annual Budget Budget Year-To-Date Variance Budget Revenue Miscellaneous Revenue Investment Earnings 3,340 1,670 2,993 1,323 89.61% Employer Trust Contributions 575,000 287,500 228,324 (59,176) 39.71% Other Misc Revenue 700 350 (350) 0.00% Total Revenue 579,040 289,520 231,317 (58,203) 39.95% Expenditures 25 Medical, Dental, Life, Optical 659,530 329,765 115,678 (214,087) 17.54% 41 Professional Services 3,000 1,500 13,400 11,900 446.67% 49 Miscellaneous 10,000 5,000 2,929 (2,071) 29.29% Total 672,530 336,265 132,006 (204,259) 19.63% Transfers Out 9,704 4,852 4,852 0 50.00% Total Expenses 682,234 341`;117 136,858 (204,259) 20.06% Change in Fund Balance (103,194) (51,597) 94,458 146,055 91.53% Beginning Fund Balance 1,350,000 1,350,000 1,586,749 236,749 117.54% Ending Fend Balance 1,246,806! 1,298,40, 1,681,208 382,805 134.84% Cash and investments 1,725,536 Variance Actual over (under) prorated budget Fund 503 36 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayo l review I Coun6l review 1 08/22/11 JP I I (Lk) I 09/06/11 JP r 4.A. ITEM INFORMATION I CASNUMBI'liz: 11-082 I STAFF SPONSOR: JACK PACE I OIUGINA]_AGENDA DATE,: 8/22/11 A(; NDA IT] -3M T1T1,r; Update to Tukwila's Small Animal Regulations CA'17 ?GOR1' Discussion Motion Resolution Ordinance ❑Bid Award Public Hearing Other Mt g Date 8/22/11 Mtg Date Mtg Date Mtg Date 9/6/11 Mtg Date 11�tg Date Mt Date SPO NSOR Council Mayor HR DCD Finance E] Fire IT P&'R Police PIF SN )NSOR'S TMC 7.08 which regulates the keeping of small animals and livestock has not been updated SUNINIAIZY since its adoption in 1956. Citizens interested in urban agriculture and local food production have asked the Council to lower the minimum lot size for keeping chickens below the current standard of 10,000 square feet. The draft ordinance makes this change along with minor housekeeping edits to make the regulations more enforceable. COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/8/11 COMMITTEE CHAIR: S EAL RECOMMENDATIONS: SP0NS01Z/ADm1N. Department of Community Development COMMIYFE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPF.ND11'URI RF?OUI1U?D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 Fund Source: NA Coninien.ts: MTG. DATE I 8/22/11 MTG. DATE 8/22/11 1 9/06/11 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 8/3/11 Ordinance in Draft Form Minutes from the Community Affairs and Parks Committee meeting of 7/11/11 Minutes from the Community Affairs and Parks Committee meeting of 8/8/11 37 m City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: FROM: DATE: SUBJECT ISSUE Mayor Haggerton Community Affairs and Parks Committee Nora Gierloff, Deputy Community Development Director August 3, 2011 Tukwila's Animal Regulations Should Tukwila's Animal Regulations at TMC 7.08 be revised to allow chickens to be kept on smaller lots? BACKGROUND A citizen comment made at the May 16, 2011 Council Meeting requested that the City modify TMC section 7.08 to allow increased opportunities for residents to raise chickens. The following table compares the restrictions on chicken keeping in the South King County jurisdictions of Burien, Des Moines, SeaTac, Kent, and Renton, as well as Tukwila and Seattle. Also noted is the year in which the current regulations were adopted or revised. City Min. Lot Setback: Setback: allowed* Regs Size Lot Line residence Revised Seattle NONE NONE loft 8 2010 Renton 6,000 sq ft 10 ft* NONE 3* 2010 Kent 5,000 sq ft loft NONE 3 2007 SeaTac I NONE NONE NONE 5* I 2005 Burien NONE 20 ft NONE 3 2002 Des 22,000 sq ft 35 ft 45 ft 10 1981 Moines Tukwila 10,000 sq ft 20 ft 65 ft 12 1956 *Number allowed typically increases with lot size. Renton allows more than three chickens with an "additional animals permit." Renton allows chickens in rear yards only. SeaTac allows a total of 5 "outside animals," which includes chickens. Sources: Seattle Municipal Code 23.42.052, Renton Municipal Code 4 -4 -010, Kent Municipal Code 15.08.070, SeaTac Municipal Code 15.12.015, Burien Municipal Code 19.17.100, Des Moines Municipal Code 18.33.070, Tukwila Municipal Code 7.08 These results reveal that Tukwila's regulations at TMC 7.08, adopted in 1956, are the oldest and among the most restrictive of those examined. In the category of minimum lot size, Tukwila has the second most restrictive requirement, as no chickens are allowed on lots smaller than 10,000 square feet. Tukwila's setback requirements are the most restrictive of the jurisdictions examined requiring that structures housing chickens be set back 20 feet from any lot line and 65 feet from any place of human habitation other than the owner's. W:\2011 Info Memos \chickens.doc1 08/03/2011 39 INFORMATIONAL MEMO Page 2 1400 1600 1200 N 1000 v L goo O c. 600 E 3 W 017 200 I Distribution Of LDR Parcels by Parcel Area 1415 491 e 0 2,000 6,500 6,500 10,000 10,000 20,000 20,000 or larger Parcel Size (in square feet) The results of this analysis and possible changes to TMC 7.08 were presented to the Community Affairs and Parks Committee (CAP) on July 11 The Committee's direction was to focus changes to the code specifically on chickens and related housekeeping items, leaving the rules relating to other livestock, small animals and other fowl to be addressed at a later date. DISCUSSION The attached draft ordinance revises TMC 7.08 in order to accomplish the following: Allow chickens to be kept on parcels that are 6500 square feet or larger. 6500 square feet is the minimum conforming lot size in the Low Density Residential zone. This change will affect 1,415 LDR parcels in the city, 37% of all LDR parcels analyzed and an even larger percentage of parcels currently in single family use. Reduce setbacks to 10 feet between enclosures (coops, etc.) or fenced -in run areas and any residence or property line. Allow one chicken per 1000 square feet of parcel area. Prohibit the keeping of roosters, a common prohibition in urban areas due to noise concerns. Simplify the handling of animal waste and require that areas used by animals be kept clean to control odor, disease and pests. Exempt animals kept as pets from regulation in Chapter 7.08 as they fall under the more recently adopted Chapter 7.12. Specifically, guinea pigs, hamsters and parakeets are considered pets, while chinchillas and pigeons are now treated in the same way as rabbits. Delete obsolete references, such as those referring to a health officer or building superintendent. References to a health officer will instead refer to code enforcement officer. Allow residents to keep all animals that were legally owned before the changes are enacted. 40 WA2011 Info Memos \chickens.doc2 08/03/2011 INFORMATIONAL MEMO Page 3 RECOMMENDATION The Council is being asked to forward the ordinance to the full Council for consideration at the August 22, 2011 Committee of the Whole meeting and subsequent September 6, 2011 Regular Meeting. ATTACHMENTS Ordinance in draft form Minutes from the Community Affairs and Parks Committee meeting of 7/11/11 WA2011 Info Memos \chickens.doc3 08/03/2011 41 42 4- kv Txll AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 232 (PART) REGARDING LIVESTOCK, SMALL ANIMALS AND FOWL AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 7.08; REPEALING ORDINANCE NO. 232 §15, §17 AND §18; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila, Washington, recognizes the public health benefits of locally and organically sourced food, and WHEREAS, the City's current regulations regarding livestock, small animals and fowl were adopted in 1956 and do not reflect changing public health priorities or local and national trends toward greater acceptance of urban agriculture; and WHEREAS, the City Council recognizes the particular popularity of chickens among residents of urban areas due to the sustainable source of protein provided by their eggs, the relative ease of their care, and the relative quiet and unassuming nature of chicken hens; and WHEREAS, the City Council desires to allow more residents of the City opportunities to participate in the keeping of chickens for recreation and to provide themselves with a supplemental source of nutrition; and WHEREAS, the City Council has received comments from the public to the effect that the City's current regulations of livestock, small animals and fowl are needlessly onerous in relation to the keeping of chickens; and WHEREAS, the City desires to amend the City's current regulations of livestock, small animals and fowl to provide more regulatory flexibility for the keeping of chicken hens on small lots; to protect the public health, safety, and welfare by preventing nuisances; and to improve enforceability; and WHEREAS, these goals will be promoted by lowering the minimum lot size requirement for the keeping of chickens, reducing setback requirements, prohibiting W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 1 of 5 43 roosters, exempting certain household pets from regulation, simplifying the regulation of manure handling and removal, and removing or amending language and references from Chapter 7.08 of the Tukwila Municipal Code that are out of date or inconsistent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Section 7.08.030, "Small animals and fowl defined," Amended. Ordinance No. 232 §3, as codified at TMC Section 7.08.030, is hereby amended to read as follows: 7.08.030 Small animals and fowl defined. "Small animals and fowl," where used in this chapter means and includes rabbits, chinchillas, g ea- 5 chickens, geese, ducks, turkeys parakeets and pigeons. Section 2. TMC Section 7.08.040, "Chinchillas, guinea pigs, hamsters, parakeets and pigeons," Amended. Ordinance No. 232 §3(a), as codified at TMC Section 7.08.040, is hereby amended to read as follows: 7.08.040 rh:n figs h amste rs pa r a keet s and pageonc Animals kept ab ets. ChORGhmil I Pigs, harnsteFs, paFakeets and pigeons well be permitted O R RumbeFs- as yed by t health OffiGer. Dogs, cats, auinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals kept as household pets within a dwellinq unit will not be subiect to the limitations of this chapter. Doqs and cats are requlated by TMC Section 7.12. Section 3. TMC Section 7.08.050, "Rabbits, chickens, geese, ducks and turkeys," Amended. Ordinance No. 232 §3(b), as codified at TMC Section 7.08.050, is hereby amended to read as follows: 7.08.050 R abbit s ^hi^ ens, geese .J. Gks and turkey Roosters prohibited. Q�+�_�h�h% GhTGken?, g o dUG r a nd turkeys will be permitted in numbers as defined in TMC; 7mQ8.1 The keepinq of roosters within the Citv limits is prohibited. Section 4. TMC Section 7.08.070, "Number of livestock allowed," Amended. Ordinance No. 232 §5, as codified at TMC Section 7.08.070, is hereby amended to read as follows: 7.08.070 Number of livestock allowed. The number of horses, cows or cattle, sheep, goats or swine allowed on any given piece or parcel of property shall be regulated by the duly appointed health Code Enforcement Officer of the City. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 2 of 5 ii Section 5. TMC Section 7.08.100, "Minimum area for keeping," Amended. Ordinance No. 232 §8, as codified at TMC Section 7.08.100, is hereby amended to read as follows: 7.08.100 Minimum area for keeping animals. With the exception of chickens, no livestock, small animals or fowl shall be kept on any property within the City limits where the pfeperl:y parcel does not contain a minimum of 10,000 square feet of area. No chickens shall be kept on anv property within the Citv limits where the parcel does not contain a minimum of 6,500 square feet of area. Section 6. TMC Section 7.08.110, "Number of animals per area size," Amended. Ordinance No. 232 §9, as codified at TMC Section 7.08.110, is hereby amended to read as follows: 7.08.110 Number of animals per prop ertyarea -sire. Small animals and fowl shall be permitted in numbers as follows: 1 Twelve— Gh+skens eF twelve Fabbits nr any GOmhinatinn Of nhiGkeRs and i squaFe feet of pFepertyj, Twelve rabbits. twelve chinchillas. twelve pigeons or anv combination of rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 sauare feet of prop erty. 2. The number of GhiGkeR6 rabbits, chinchillas or pigeons may be increased by 1 /10th for each additional 1,000 square feet of property. 3. Six geese, six ducks, six turkeys or any combination of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. 4. The number of geese, ducks or turkeys may be increased 1 /10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 sauare feet of propertv. 5. 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. Section 7. TMC Section 7.08.120, "Distance from human habitation," Amended. Ordinance No. 232 §10, as codified at TMC Section 7.08.120, is hereby amended to read as follows: 7.08.120 Distance from human habitation. mss— Enclosures for the housing of small animals and fowl shall be built and located not less than €5--10 feet from any place of human habitation other than the WRer 's, 9F not4 t hhain. 2QE71eet fFern the oininn nr ope y and property line. further that t The roaming area for the small animals and fowl shall be fenced and located not less than 310 feet from any adjacent place of human habitation. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 3 of 5 45 Section 8. TMC Section 7.08.150, "Manure removal," Amended. Ordinance No. 232 §13, as codified at TMC Section 7.08.150, is hereby amended to read as follows: 7.08.150 ManuFe removal Animal waste and food waste. All manure must be kept in a Govered water tight pot or GhambeF and shall be Femeved the health nffiGeF: A. All enclosures, confinement areas, and /or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects. rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be oroverly disposed of and anv accumulated animal waste must not be stored within the parcel setback area. Anv storaqe of animal waste must not constitute a nuisance. 4-B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. 2-.C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. Section 9. TMC Section 7.08.160, "Enforcement," Amended. Ordinance No. 232 §14, as codified at TMC Section 7.08.160, is hereby amended to read as follows: 7.08.160 Enforcement. The health Code Enforcement Officer for the City shall be authorized to enforce this chapter, unless otherwise provided. Section 10. TMC Section 7.08.180, "Exemptions," Amended. Ordinance No. 232 §16, as codified at TMC Section 7.08.180, is hereby amended to read as follows: 7.08.180 Exemptions. A. 2 1 956 are keep ,,tGG animas or fe d ,niifhin Ci ty mit6 Will Rot e affor+o��fjG fi�e-steel., s mall l rm— arrtmar� t li �rrrrnr�, b �m rrva�c arrcvrc`" Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided thev do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 4 of 5 M Section 11. Repealer. Ordinance No. 232 §15 relating to the issuance of permits for housing, §17 relating to fines for violations, and §18 relating to violations considered as separate offenses are hereby repealed. Section 15: building SUPeFoRteRdent -0 days after of permit. Section 17: Any PeFSOR vielating any of the PFGV of this ardinanGe shall be deemed guilty ef a misdemeaneF and, UPOR GonViGt thereof, shall be shed by a fiRe Rat to eXGeed $100.00 eF by impFisenrne-nt and feF eaGh effeRG& Section 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 13. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 5 of 5 47 W City Of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes July 11, 2011— 5: 00p.m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Allan Ekberg (sitting in for Joe Duffie) and De'Sean Quinn Staff: Shawn Hunstock, Jack Pace, Brandon Miles, Joyce Trantina, Melissa Hart and John Morrison Winters (DCD Intern) Guests: Chuck Parrish, resident; Marie Parrish, resident; Mark Palmer, business representative; Dave Fretz, business representative CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Liehtim /Eneriv Unt?rades: Additional Grant Fundinta At the May 23 Community Affairs Parks Committee meeting, the Committee approved submission of a request to the Washington State Department of Commerce for additional grant funding for lighting/energy upgrades. Since the grant funding amount is now known, and does not require Council approval due to the amount, staff is returning to Committee to report out on the funding as information only. An amendment to the existing grant between the City and Washington State Department of Commerce will award an additional $37,786 in funding for additional energy /lighting upgrades. The projects eligible for energy /lighting upgrades include: parking lot lights at City Hall and the 6300 Building; indoor lights at Old City Hall; outdoor lights at Tukwila Park, Bicentennial Park and the Golf Course; and installation of occupancy sensors in various locations. Once work is complete, staff intends to make a presentation to Council outlining the project, upgrades and projected cost savings. Committee Member Quinn suggested an article be submitted to the Tukwila Reporter, as a way to continue to educate the public on steps the City is taking to reduce operating costs. It also provides an opportunity to inform residents about programs Seattle City Light and Puget Sound Energy have for home owners, INFORMATION ONLY. B. Ordinance Review: Livestock. Small Animals and Fowl In response to a citizen comment made at the May 16, 2011, Council meeting, Committee Chair Seal requested that this item be brought forward to the Community Affairs Parks Committee for review. Ordinance No. 232 outlines the regulations for livestock, small animals and fowl in the City of Tukwila. This particular code has not been changed since 1956. A recent request made to the City Council regarding codes involving chickens and lots size caused staff to look at the issue of zoning/code requirements, lot sizes etc. as it relates to livestock/small animals /fowl, in a broader scope. A discussion continued regarding whether or not the Committee should focus on the issue at hand (chickens) versus the need to review all of the related issues in this section of the Tukwila Municipal Code. Council President Ekberg felt the Committee should focus on chickens only, and other members agreed that it would be best to focus on the question at hand (the lot size regulations related to chickens), as well as some of the related administrative "clean up" issues i.e.: language related to code enforcement) and address other issues at a later time. W e Communitv Affairs Parks Committee Minutes July 11, 2011— Paae 2 Staff was requested to return to Committee with the appropriate revisions to Option 2 as outlined in the Committee packet, for further discussion. UNANIMOUS APPROVAL, OPTION 2. RETURN TO COMMITTEE. III. MISCELLANEOUS Under Miscellaneous, Chuck Parrish, resident, shared a petition signed by 367 Tukwila residents that requests the Council to reconsider Ordinance 2323 which prohibits social card rooms in the City effective January 1, 2016. The petition's exact wording is stated below: We the undersigned residents of Tukwila ask city council to replace Ordinance 2323 with a new policy that would allow the existing commercial card rooms to remain in business, to save the approximate 450 jobs, to preserve the $2.1 to $2.4 million in annual tax revenues that these businesses pay to Tukwila and to maintain the level of city services that are associate with this revenue. The petition currently has 367 signatures, but the efforts to engage and educate residents about this issue are ongoing. However, supporters believe that 300 -400 signatures on this petition should be sufficient for Council to revisit this issue. The current signatures represent residents throughout the City. Mr. Parrish indicated that he believes the Council overlooked, and should have considered, the option of creating a zoning ordinance that would limit card rooms to specific locations /areas in the City. He has conducted research of other cities that utilize similar ordinances to restrict such establishments to certain areas. After discussion, Committee Members agreed unanimously, and requested that staff draft an ordinance, proposing new language allowing card rooms along Interurban and the area along Southcenter Boulevard, addressing zoning for restaurants only. Other items the Committee would like to see included in the staff report for this item are: Number of new applications received for card rooms How surrounding cities address the issue of card rooms Previously provided crime statistics relating to card rooms Committee Members agreed that due to the critical nature of this item, it requires input from and discussion among all Councilmembers; therefore, the item should be move to a COW for discussion rather than returning to Committee. Committee Chair Seal stated that she would not be attendance at the next COW, and would like to see this item be scheduled for the August 8 COW. Committee Chair Seal and Committee Member Quinn both expressed their appreciation for the level of community involvement regarding this and other issues for which residents are concerned and/or feel strongly. Since Council President Ekberg filled in for Committee Member Duffie at this evening's meeting, Councilmember Seal stated she would contact Committee Member Duffie to advise him of this discussion. Meeting adjourned at 5:45 p.m. Next meeting: Monday, July 25, 2011 5:00 p.m. Conference Room #3 J 150 y Committee Chair Approval MJ utes JT. Reviewed by KAM. 50 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 8, 2011 S: 00 p.m,; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean Quinn Staff: Shawn Hunstock, Jack Pace, Nora Gierloff and John Morrison Winters (DCD Intern) CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Draft Ordinance: Regulations ReaardinQ Livestock. Small Animals and Fowl Per Committee request, staff is returning to present a draft ordinance regarding regulations relating to minimum lot size requirements for keeping chickens. Specifically, the draft ordinance: Reduces minimum lot sizes from 10,000 square feet to 6,500 square feet Reduces property line and residence setbacks from 20 feet and 65 feet, respectively to 10 feet Allows one chicken per 1,000 square feet of parcel area Retains the limit of 12 small animals or fowl per 10,000 square feet of lot area Addresses housekeeping items as appropriate Staff commented that the draft ordinance, if passed, will allow an additional 1,415 parcels in the City to keep chickens. Additionally, the draft ordinance continues to prohibit the keeping of roosters; does not conflict with the King County ordinance; and is not required to go to the Planning Commission for review. Based on Committee inquiry, Shawn Hunstock will contact King County to confirm how King County Animal Control deals with roosters. He will report out on the findings at the August 22 COW discussion of this item. UNANIMOUS APPROVAL. FORWARD TO AUGUST 22 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:10 p.m. Next meeting. Monday, August 22, 2011 5:00 p.m Conference Room #3 7 Committee Chair Approval M utes K,4M. Reviewed by NG. 51 52 COUNCIL AGENDA SYNOPSIS Initials Prepared by Mayor's eview BG BG 0� Meetinq Date 08/22/11 09/06/11 Council-review (W ITEM NO. ITEM INFORMATION CAS NUMBER: 11-083 STAFF SPONSOR BOB GIBERSON ORIGINAL AGENDA DATE: 8/22/11 AGENDA ITEM TITLE Southcenter Parkway Extension Interlocal Agreement with King County for Bow Lake Transfer Station's side sewer connection CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 08122111 Mtg Date 09106111 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR The City of Tukwila is installing public sanitary sewer mains as part of the Southcenter SUMMARY Parkway Extension Project. King County has requested that the City provide an additional manhole and sewer piping to the edge of the right -of -way for future side sewer connection to the Bow Lake Transfer Station (currently under construction). This interlocal agreement will reimburse the City for the $74,182.56 in charges for the Bow Lake side sewer connection as well as have King County agree to a future sewer connection fee. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/09/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $74,182.56 $0.00 $0.00 Fund Source: TO BE REIMBURSED IN FULL By KING COUNTY Comments: MTG. DATE 08/22/11 09/06/11 MTG. DATE 08/22/11 09/06/11 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 8/05/11 Agreement with King County Southcenter Pkwy Extension's Contractor Scarsella's Change Order No. 14 Minutes from the Utilities Committee meeting of 08/09/11 53 E City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director DATE: August 5, 2011 SUBJECT: Southcenter Parkwav Extension Bow Lake Transfer Station Project No. 98410437 Agreement with King County for Connection to Tukwila's Sewer System ISSUE Interlocal Agreement for the connection of sanitary sewer from Bow Lake Transfer Station to Tukwila's sewer system as part of the Southcenter Parkway Extension Project. BACKGROUND The City of Tukwila is installing public sanitary sewer mains as part of the Southcenter Parkway Extension Project. King County has requested that the City provide an additional manhole and sewer piping to the edge of the right -of -way for future side sewer connection to the Bow Lake Transfer Station (which is also under construction at this time). During the design phase, the City did not anticipate that the Transfer Station would connect to the sanitary sewer via Southcenter Parkway due to the vertical grade slopes. The City of Tukwila's contractor for the Southcenter Parkway Extension Project will install the additional manhole and pipeline within the right -of -way by Change Order for the Bow Lake side sewer. ANALYSIS The Contractor for the Southcenter Parkway Extension Project has provided the City with Change Order No. 14 in the amount of $67,746.63, plus sales tax (or $74,182.56) to install the additional manhole and side sewer piping to accommodate the future sewer line for the Bow Lake Transfer Station. Per this agreement, King County will reimburse the City for all construction costs for this item. In addition, when the Southcenter Parkway Extension Project has been completely constructed and all sanitary sewer construction costs have been identified, King County has agreed to pay their fair share of the sewer main construction costs from S 180 St to S 200 St, as the connection fee to the public sewer system (currently 21 sewer connections are scheduled for development in the Tukwila South area). RECOMMENDATION The Council is being asked to approve the Agreement between the City of Tukwila and King County for the side sewer connection of the Bow Lake Transfer Station in the amount of $74,182.56 and future connection fee for the sanitary sewer system and consider this item at the August 22, 2011 C.O.W. and subsequent September 6, 2011 Regular meetings. Attachments: Agreement Between the City of Tukwila and King County Southcenter Parkway Extension's Contractor Scarsella's Change Order No. 14 WAPW Eng\PROJECTSW- RW RS Projects \98410437 SC Pkwy Extension( 57th Ave S) \Construction\During Con \Change Orders\Info Memo KC- Tukwila Agreement for Bow Lake Transfer.docx 55 56 AGREEMENT BETWEEN KING COUNTY AND CITY OF TUKWILA REGARDING CONNECTION OF BOW LAKE RECYCLING TRANSFER STATION TO THE NEW SANITARY SEWER MAIN IN SOUTHCENTER PARKWAY EXTENSION PROJECT THIS AGREEMENT, made as of the day of 2011, between the City of Tukwila, a municipal corporation organized and existing under the laws of the State of Washington, hereinafter referred to as "the City" by and through Tukwila Public Works Department, and King County, a political subdivision of the State of Washington, hereinafter referred to as "the County" through the King County Solid Waste Division "KCSWD (individually referred to as "Party" and collectively as the "Parties WHEREAS, the County owns and operates the Bow Lake Recycling and Transfer Station, a municipal solid waste transfer facility in Tukwila, Washington; and WHEREAS, the Bow Lake Recycling and Transfer Station has no existing piped connection to the City's sanitary sewer system; and WHEREAS, the County is constructing a new facility at the site of the Bow Lake Recycling and Transfer Station that will generate wastewater; and WHEREAS, Public Health Seattle and King County has directed that the new Bow Lake facility should discharge wastewater to the City's sanitary sewer system when a nearby connection becomes available; and WHEREAS, the City has an existing contract to construct the Southcenter Parkway Extension Project, including installation of a sanitary sewer main, near the Bow Lake Recycling and Transfer Station; and WHEREAS, the City and County have identified a mutual interest to connect the Bow Lake Recycling and Transfer Station to the City sanitary sewer system; and WHEREAS, the City intends to impose a connection charge for connecting to the City's sanitary sewer main constructed as part of the Southcenter Parkway Extension Project; and WHEREAS, the connection charge will be based on the construction costs of the sanitary sewer system from South 180 Street to South 200 Street as provided with the Southcenter Parkway Extension Project with approximately 21 total connections; and WHEREAS, for the purposes of calculating the connection charge, the construction costs of the Sanitary Sewer System will not include the costs of construction of the side sewer service to The Pagel of 9 57 Bow Lake Transfer Station nor any grants the City has received from the State of Washington and WHEREAS The connection charge will be determined when the construction of the Southcenter Parkway Extension Project is completed; and WHEREAS, the Parties agree that construction of the Bow Lake Recycling and Transfer Station side sewer to the City sanitary sewer system (the "Project" or the "Bow Lake side sewer will be performed by the City and that certain costs for such construction, as set forth herein, will be reimbursed by the County; NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1.0 Construction of the Project 1.1 The City shall act as the lead agency for the construction of the Bow Lake side sewer and shall accomplish the Project in accordance with the plans, attached hereto as Exhibit A, and incorporated herein by this reference. The County shall obtain a Public Works permit for the Project from the City, which the City shall not unreasonably delay, withhold or condition. The City represents that the Project will be constructed entirely on City property and /or public right -of way. If any part of the Project is to be constructed on property other than City property or public right -of way, then the County shall obtain all necessary temporary and /or permanent access easements and /or other necessary property rights to construct the Project. 1.2 The City will administer the Project, including keeping the records and accounting for the Project and paying the Project contractor (the "Contractor The City shall arrange a preconstruction conference with the Contractor before directing the start of the work of the Project and invite the County to attend and participate. The Parties agree that the Project shall be built by the Project Contractor, Scarsella Brothers, according to the plans, attached hereto as Exhibit A, as a change order to the contract for the Southcenter Parkway Extension Project which contract was bid, let and is being_ constructed in accordance with State and local law applicable to the City's public works projects. 1.3 The City shall, at no cost to the County, provide construction engineering and inspection of the Project based upon the Southcenter Parkway Extension Project plans and specifications, and sound engineering practice. The City will provide copies to the County of any inspection reports for the Project. 1.4 The City shall initiate and coordinate final inspection of the Project and will follow through with completion of items listed on either the City's and /or the County's punch list. Page 2 of 9 1.5 The City shall at no additional cost provide the County with a set of "as- built" drawings of the Project work for its permanent records, within six (6) months of the final acceptance of the Project. 1.6 The City shall bill the County for the direct construction costs of the Bow Lake side sewer, as set forth in Section 3 herein and as outlined in Exhibit B. The City agrees that the direct construction costs paid by the County under this Agreement will not be included in the total construction costs of the Sanitary Sewer System for the purpose of determining any connection charge imposed on the County. 2.0 Post Construction Responsibilities 2.1 The City of Tukwila shall own and be solely responsible for the inspection, cleaning, maintenance, operation, repair and replacement, as needed, for sanitary sewer manhole C (SSMH -C) and for the 12 inch pipe between SSMH -B and SSMH -C, as shown in Exhibit A. 3.0 Payment 3.1 The County agrees to reimburse the City for the actual direct cost of the construction of the Project, without mark -up costs by the City. The Parties' estimate of costs is shown in Exhibit B, Cost Proposal, which is attached hereto and incorporated herein by this reference. 3.2 The City shall provide the County monthly with properly executed invoices showing expenditures during the previous month on the Project. Invoices shall be based on and itemize the Contractor's payments, equipment, materials and labor expended on the Project. Invoices shall be documented to the reasonable satisfaction of the County. Properly documented invoices shall be paid by the County within forty -five (45) days of receipt by the County. Notice of any potential dispute regarding such payment request shall be made in writing within the same time period. Payment by the County shall not constitute agreement as to the appropriateness of any item or acceptance of the work so represented. Upon completion of the Project, all required adjustments related to any potential dispute for which notice has been timely given shall be made and reflected in a final payment. 3.3 Reimbursement for any costs associated with extra work or changed work must be approved in accordance with Section 4 herein. 4.0 Changes in the Work Page 3 of 9 59 4.1 There may be unforeseen conditions requiring immediate resolution during the construction phase of the Project such as construction disputes and claims, changed conditions and changes in the construction work. Reimbursement for increased costs for construction of the Bow Lake Sewer side sewer shall be limited to costs covered by a modification, change order or extra work order approved as follows: 4.1.1 Should it be determined that a change to the Project plans and specifications is required for the construction of the Bow Lake side sewer, the City, through its City Engineer, shall notify the County at least five (5) working days prior to commencing work on the changed work. 4.1.2 Any change in the Project, which would cause the direct construction costs to exceed the Cost Proposal, set forth in Exhibit B, by more than five (5) percent shall require a binding Letter of Agreement, signed by the City of Tukwila's Public Works Director or his /her designee and the KCSWD's Engineering Services Manager or his /her designee, describing the changed scope of work and the estimated change in the direct construction cost. 4.2 In the event of a claim by the Contractor related to the Bow Lake side sewer, each Party shall be responsible for its proportionate share based on its proportionate responsibility for the claim and each Party shall be responsible for its own attorneys fees and costs; PROVIDED THAT nothing in this Agreement shall be construed to make the County responsible for a Contractor(s) claim, to the extent that it is caused by the actions, inactions or responsibilities of the City and /or its agents, employees or consultants. 5.0 Indemnification 5.1 The County shall hold harmless, indemnify and defend the City, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the County's negligent or intentional acts, errors or omissions in the County's performance of this Agreement PROVIDED, HOWEVER, that the County's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the City, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties to this Agreement, the County's obligations hereunder shall apply only to the percentage of fault attributable to the County, its officers, officials, employees or agents; The County expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and /or judgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, the County hereby expressly and specifically waives, with Page 4 of 9 AN respect to the City only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. The City shall hold harmless, indemnify and defend the County, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the City's negligent or intentional acts, errors or omissions in the performance of this Agreement and arising by reason of the City's participation in this Project; PROVIDED, HOWEVER, that the City's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the County, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the Parties to this Agreement, the City's obligations hereunder shall apply only to the percentage of fault attributable to the City, its officers, elected and appointed officials, employees or agents. The City expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and /or judgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, the City, hereby expressly and specifically waives, with respect to the County only, any immunity that would otherwise be available against such claims under. the Industrial Insurance provisions of Title 51 RCW. 5.3 The City shall require the Project's construction contractor(s), subcontractors and suppliers of any tier to defend, indemnify and hold harmless the County, its officers, officials, and employees from any and all claims, injuries, damages, losses or suits including attorney's fees and costs, arising out of or in connection with the construction of the Project. 5.4 The parties hereby agree that, except as expressly set forth in this Agreement, the performance of services pursuant to this Agreement shall not constitute an assumption by the County of any of the City's obligations or responsibilities. 6.0 Insurance 6.1 The City shall cause the Contractor to maintain the following insurance coverage, name the County as an additional insured and provide the County with evidence thereof. 6.1.1 General Liability. Coverage shall be at least as broad as Insurance services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY. $1,000,000 combined single limit per occurrence and for those policies with aggregate limits, a $2,000,000 aggregate limit Page 5 of 9 61 including Products and Completed Operations. Excess /Umbrella Liability coverage may be provided to satisfy the required limits. 6.1.2 Automobile Liability. Coverage shall be at least as broad as Insurance Services Office form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. $1,000,000 combined single limit per accident. Excess/Umbrella Liability coverage may be provided to satisfy the required limits. 6.1.3 Workers' Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or "other States" State Law. 6.1.4 Employer's Liability or "Stop Gap Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Limit: 1,000,000. 6.2 The City shall cause the insurance to be maintained until acceptance of the Project or for such longer time as required by the City's contract with the Contractor. 6.3 The City shall cause the Contractor(s) to add the County to its insurance policy as an additional insured under Commercial General Liability and Business Automobile Liability Insurance with respect to primary and non contributory limits in accordance with a standard separation of 'insureds clause. Any increase in preium expenses incurred by the Contractor as a result shall be billed to the County and paid in accordance with this agreement. The City shall notify the County in writing of cancellation of any insurance required under this contract within five business days of when notification of cancellation is received from the insurer or Contractor, in writing, by the City 6.4 All insurers shall either be licensed to conduct business in -the State of Washington and rated A -:VII in the A.M. Best's Key Rating Guide or filed as a surplus lines placement by an authorized Washington State Surplus Lines Insurance Broker. Any form of self insured retentions in excess of $25,000 shall be disclosed and are subject to approval by the County. 6.5 Upon request, as documentation of insurance as required hereunder, the City shall cause the Contractor(s) to provide certificates of insurance with copies of the actual additional insured policy endorsements or blanket additional insured wording stating that the County is an additional insured. 7.0 The County's Relationship to the Contractor. Page 6 of 9 62 The City will give a copy of this Agreement to the Contractor. 8.0 Termination 8.1 Either the City or the County shall have the right to terminate this Agreement by providing written notice to the other Party prior to the award of a construction contract for the Project. 8.2 This Agreement shall remain in effect until terminated by the mutual, written consent of the Parties. Notwithstanding anything to the contrary, sections 2 and 5 and all remedial provisions of this Agreement shall survive termination of this Agreement for any reason. 9.0 Project Records For a period not less than six (6) years from the final payment to the City, the City shall keep all records and accounting pertaining to the Project available for inspection and audit by the County and /or the State and copies of all records, accounts, documents or other data pertaining to the Project shall be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained by the City until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit may continue past the six -year retention period. 10.0 Property Any real or personal property acquired or used by any Party in connection with this Agreement will be acquired, held, and disposed of by that Party in its discretion, and other Parties will have no joint or other interest therein. Upon termination of this Agreement, real and personal property acquired through this Agreement shall be retained or disposed of in the manner provided by law. 11.0 Dispute Resolution 11.1 If a dispute arises between the County and the City the Parties agree that they will attempt to resolve the issue through mutual negotiation. In the event that the Parties are not able to reach an agreement through such negotiation, the parties agree to engage in mediation in order to resolve the dispute. Mediation may be requested by either Party, and shall be attempted prior to the institution of any lawsuit arising under this Agreement. Mediation shall be conducted under the then current Commercial Mediation Rules of the American Arbitration Association or, if such model procedure no longer exists, some other mutually acceptable procedure. The Page 7 of 9 63 County shall select a neutral third party mediator, who shall be subject to the reasonable approval of the City. The parties agree to share the costs of mediation equally. 11.2 This Agreement has been made pursuant to, and shall be construed according to, the laws of the State of Washington. In the event that mediation is unsuccessful and either party finds it necessary to institute legal proceedings to enforce any provision of this Agreement, such proceedings may only be brought in the Superior Court of King County, Washington. The Parties shall have the right of specific performance of the terms of this Agreement. 12.0 Notices 12.1 Unless otherwise directed in writing, notices, reports and payments shall be delivered to each party as follows: City of Tukwila: Robin Tischmak, P.E., City Engineer 6300 Building 6300 Southcenter Blvd. Tukwila, WA 98188 (206)433 -0179 King County: Attn: Tom Creegan Solid Waste Division KSC -NR -0701 201 S. Jackson Street Seattle, WA 98104 -3855 Notices mailed by either Party shall be deemed effective on the date mailed. Either Party may change its address for receipt of reports, notices, or payments by giving the other written notice of not less than five (5) days prior to the effective date. 12.2 For accounting purposes, the respective Federal Tax Identification Numbers are: City of Tukwila: 91- 6001519 King County: 91- 6001327 13.0 Modification of Agreement This Agreement may be modified only by an amendment in writing signed by each party. 14.0 Authority of Parties The signatories below certify that they have the authority to execute this Agreement and bind their respective governments. Exhibit A Engineering Plans for Project Exhibit B Cost Proposal Page 8 of 9 13 Z IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. KING COUNTY By: Kevin kiernan, Director King County Dept. of Natural Resources Parks Solid Waste Division J Dated: ci Page 9 of 9 CITY OF TUKWILA By: Mayor City of Tukwila Dated: 65 EXHIBIT a M H W 2 X LLJ sgss_�Z6 oal 910 3 t' L 7 s >3 no.k 3 sbnOH 90 TMO g G gE k yy Pill O I Pb "V O O O Z Y F u �k1 r L 4! �l I a Y ce t7 N p C w ro A C N N L'> C o v m m o O 0 rn jj €I,1 I r alr a.. ws. w.,.„, 4•:,- ::.�r._�tis ..w,- ,.w+.v= .w....�ovaw......, :u �Kw:,,, :h::� v: -:.r. r.: ilKd3d Y1 M rU JO "0 a0j 03nm 4 E Y 1 �n s M 1 a Y ce t7 N p C w ro A C N N L'> C o v m m o O 0 rn jj €I,1 I r alr a.. ws. w.,.„, 4•:,- ::.�r._�tis ..w,- ,.w+.v= .w....�ovaw......, :u �Kw:,,, :h::� v: -:.r. r.: ilKd3d Y1 M rU JO "0 a0j 03nm 4 E Y 1 �n s M EXHIBI T_1 ssss vo nO l 3EOd38 S2dn0H 2V ilb0 AU- VIIWFU d0 AU0 80J 03ASSI g g Hi !I MA HUT s u @f MA gay 8 E g. 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N U 1 c} 7 A V y d A U tl H VT I., k o il 1 J a 1 w a 46 le 3�a r tiK ,1 1 w a 46 le 3�a r tiK ,1 EXHIBIT B O S O r] O O O O 0 0 0 0 O m N O W r G O C ai O O V C) 0 0 0 0 0 0 00 O N 0 0 0 0 e p w 0 0 C V W 0 0 0 0 0 0 0 0 pi Oi W O) p ip w w O Z A O) O O M O O aC N I 0 W O o b A n W O N K N W O V v^ N N N u 2 m O1 d d r V m W Q W Q U u T O1 O -Y N 3 O m 0 3 N a, O C j U r N N O a U K O K f p Y— ulU °00 Z Z 1 00 r O U O u a r Lu O Z U Lu U O N LLI O N w 0 m 0 0 0 vm, Z r o o o o K t t O O Z i 4 5 K K FQW- w m m r °n g o w W y ,n v o v O O m Q g m w w w O OK N a O( V v vr UU g a m `r'�rw x D a a- ,a3 Saz O F H y 0 0 a 2 N N W N Z Z O m W W J a N v o a v 'v M Q O° Q j' r0 m m r Y O K O O m w o 0¢ m 4� a n. el N S w a c +n m w w w m w m m m m w m w m m r Y N N N w p W O w O w 0 O O W p W g w p O¢ DL r 1 r a r m r a r m r m r a r m m r m a r a otoOv�ONOwOm g N e z p w C 3 m E m c W o W m O 5 d r r w a 0 N a N K C a y c N N u 2 m O1 d d r CL ,0I9 E o E c 3 3 d E x v x 'a 0) 0 C) 0' 0 cc W Z O O V O O O N O N O N O O O O O O O O O O p q y 10 O N 0 0 0 �O O H O, 0 0 0 0 0 0 0 0 0 w Q Z h w b O O n N 0 N N fV N N W a L c A c 0 m y o c ii LLJ v v 0 0 0 0 O O O O 000 0 O N O NO a •U W Q U Q c g a w 0 cc o S 7 w w C w w C w t w w w w w w w w w w w w n w o O O O o O O O O O O 0 W r r H Q w z c w N W p _N K W w K Z_ O r a m U QQ y m O K E> a ry LL m Z m e Z l7 2 C7 o d a c F a E n N g O C7 `v a 0 o J W m K A e o o E 5 0 rL Z Q O a° O J J r f U' N v Un ass 4 `'l:qo 8 DATE: PROJECT NO.: PROJECT NAME: SUBJECT: SPECIFICATION REF: ATTACHMENTS: CITY OF TUKWILA Request for Proposal (RFP) 0022 January 7, 2011 CITY CONTRACT NO.: 10 -065 84 -RW37 FEDERAL AID NO.: STPUL- 1041(003) Southcenter Parkway Extension Project Bow Lake Recycling and Transfer Station Wastewater Connection PLAN REF: C1, C2, and C3 Bow Lake Recycling and Transfer Station Wastewater Plan (Sheets C1 C3) TO: Scarsella Brothers, Inc. Provide proposal and time impact analysis, within fifteen (15) days or as stated above for the scope of work described: NOTE: This is NOT a change order and does NOT constitute approval or notice to proceed on the issue. SCOPE: INSTALL Sanitary Sewer Manhole "C Sanitary Sewer Manhole "B and approximately 60 LF of 12" CL 52 Ductile Iron Pipe with an epoxy coated lining per Special .Provision 124 to connect these structures; all work per the following attached plan sheets with notes: Bow Lake Recycling and Transfer Station Site Facilities Contract Offsite Wastewater Profile, Sheets -3 (Cl, C2, and C3), dated 11/12/10, by R.W. Beck, Inc. Scope of work shall meet all requirements of Contract Documents.. MEASUREMENT AND PAYMENT: PROVIDE a lump sum proposal that clearly indicates any additive and deductive costs for this design change. Proposal shall clearly indicate any time extensions and schedule impacts. By: Bradley Wheeler CC: Mike Mathia, File 655.3.0022 Page: I of 1 Date: January 10, 2011 P -4i (04:10) 70 DATE: PROJECT NO.: CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 014 July 20, 2011 CITY CONTRACT NO. 10 -065 84 -RW37 FEDERAL AID NO PROJECT NAME: Southcenter Parkway Extension Project STPUL- 1041(003) NAME OF CHANGE: Bow Lake Recycling and Transfer Station Wastewater Connection TO: Scarsella Brothers, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner' are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. Cost and Time Impact This work shall be paid under the new item CO #014 "BLRTS Sewer Connection total cost for this Change Order is $74,182.56. This Change shall occur per Standard Specification 1 -04.4, Item 5 "Adding new Work The parties agree this work was performed after the suspension period, therefore no time extension is requested or granted by this change. Cost Summary ID Description I Quantity Unit Total Amount RFP0022 Bow Lake Recyclinq Transfer Station Sewer Connection I 1 LS $67,746.63 WSST Washington State Sales Tax 9.5% $6,435.93 CO# 014 Total: $74,182.56 We the undersigned Contractor, have given aref I con sideratio to the change proposed and hereby agree, if this proposal is approved, that we will yide lab equipm t, f nish all materials, and perform all services necessary for the work above specified, an 1 acc t ull paym t refore the prices shown ab ve and below. LG4 J f ACCEPTED: By: Date: �?O� Title: VW Contractor: Original Contract (with tax) 16,030,030.64 APPROVED BY THE CITY OF TUKWILA Previous Change Order(s) $788,109.24 Date This Change Order (without tax) $74,182.56 REV. CONTRACT AMOUNT $16,892,322.44 By: Mayor Jim Haggerton Page l of 2 P -04 (Rev. 4/10) 71 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 014 BLRTS Sewer Connection Change Order Narrative: In September 2010, the City was notified that King County would be installing a new sewer line from the Bow Lake Recycle and Transfer Station that would connect to the new Southcenter Parkway Extension Sanitary Sewer. Meetings between the City and County determined that the work would be limited to the sanitary sewer connection that is within Southcenter Parkway Extension project limits. The Contractor will perform the installation of the mainline structure (SSMH -C), which is in the Southcenter Parkway, and the installation of the lateral line to the first Bow Lake Manhole (SSM H B). Field Work Directive 0071 was issued on April 21, 2011 to authorize the Contractor to proceed with procurement of long lead items, such as the GU lined Manhole, to ensure that the project schedule would not be affected by this additional scope of work. On June 3, 2011, Field Work Directive 0088 was issued providing the authorization to proceed with the scope of work as outlined in Request for Proposal 0022, dated January 7, 2011. Description and Justification for Change: The justification for this additional scope of work to be performed by the Contractor is as follows: Minimize the coordination of multiple contracts and contractors on the Southcenter Parkway Extension sanitary sewer pipe installation. Eliminate warranty issues and road prism sub -grade issues associated with this connection. Contractor shall install the Sanitary Sewer Manhole "C Sanitary Sewer Manhole "B and approximately 60 LF of 12" CL 52 Ductile Iron Pipe with an epoxy coated lining per Special Provision 124 to connect these structures; all work per the following attached plan sheets with notes: Bow Lake Recycling and Transfer Station Site Facilities Contract Offsite Wastewater Profile, Sheets 1 -3 (C1, C2, and C3), dated 11A2/10, by R.W. Beck, Inc. Scope of work shall meet all requirements of Contract Documents. Additional Calendar Days for this change: Zero (0) days ORIGINAL: City Clerk (1 of 2) cc: Finance Department (w /encumbrance) Contractor (2 of 2) Project Management File Page 2 of 2 P -04 (Rev. 4/10) 72 UTILITIES COMMITTEE Meeting Minutes August 9, 2011 5: 00 p. m. Conference Room #1 City of Tukwila Utilities Committee PRESENT De'Sean Quinn, Chair; Dennis Robertson and Kathy Hougardy Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Gail Labanara, Shawn Hunstock and Kimberly Matej Guests: Don Frey, Allied Waste Services; Jeff Brown, Epicenter Services, LLC; Katie Stevens, Waste Management; Will Ibersher, Waste Management; Jodie Vice, C1eanScapes CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:02 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Reauest for Proposals: Solid Waste Collection Contract As an information only item, staff reviewed the current status of the Request for Proposals (RFP) process for the City's solid waste collection contract. The current contract with Allied Waste will expire on October 30, 2012. Staff reported that an amendment will be forthcoming to Committee change the expiration date to October 31, 2012, for ease of operation and transition. After reviewing the RFP schedule, City staff and Jeff Brown from Epicenter Services, LLC (City -hired consultant) reviewed the highlights and options requested in the RFP as outlined in the Committee agenda packet. Staff iterated that these are options, not contract recommendations. Recommendations will be forthcoming after cost benefit analyses have been conducted on submitted proposals. Committee Chair Quinn requested that staff notify Councilmembers that the RFP documents will be available on Monday, August 15. INFORMATION ONLY. B. Interlocal Agreement: Southcenter Parkwav Extension Bow Lake Transfer Station Staff is seeking Council approval to enter into an interlocal agreement with King County for the side sewer connection of the Bow Lake Transfer Station in the amount of $67,746.63, plus applicable sales tax and future connection fee. Per the request of King County, the City will install an additional manhole and side sewer piping as part of the Southcenter Parkway Extension Project to accommodate a future sewer line for the Bow Lake Transfer Station. King County will be responsible for reimbursement of costs associate with this request and resulting change order. UNANIMOUS APPROVAL. FORWARD TO AUGUST 22 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:16 p.m. Next meeting: Tuesday, August 23, 2011 5:00 p.m. Conf. Room No. 1. X Committee Chair Approval Minutes by KAM. Reviewed by GL. 73 x COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by I Mayor' review Council review 08/22/11 09/06/11 i BG i 4.C. ITEM INFORMATION CAS NUMBER: 11-084 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 8/22/11 AGENDA ITEM TITLE 2011 Annual Overlay Repair Program Construction Management Agreement with Anchor QEA, LLC CATEGORY ®Discussion ®Motion Resolution E] Ordinance ❑Bid Award E] Public Hearing Other Mtg Date 08122111 Mtg Date 09106111 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S This contract is for construction management services for the 2011 Annual Overlay and SUMMARY Repair Program. Five consultant firms were short- listed from the Consultant Works Roster and Anchor QEA was chosen as the most qualified. The street improvements scheduled for 2011 include overlay for three road sections and Fort Dent's parking lot. Council is being asked to approve the contract with Anchor in the amount of $104,708.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/15/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRI D AMOUNT BUDGETED APPROPRIATION REQUIRED $104,708.00 $150,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 16, 2011 CIP) Comments: MTG. DATE 08/22/11 09/06/11 MTG. DATE 08/22/11 09/06/11 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 8/12/11 Consultant Selection Scoring Sheet Anchor QEA contract with scope of work fee Minutes from the Transportation Committee meeting of 08/15/11 75 76 City of Tukwila TO: FROM: DATE: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director August 12, 2011 SUBJECT: 2011 Overlav and Repair Program Project No. 91110401 Construction Management Consultant Selection and Agreement ISSUE Execute a contract with Anchor QEA to provide construction management services for the 2011 Overlay and Repair Program. BACKGROUND The City uses the Municipal Research and Services Center (MRSC) Consultant Roster whenever possible in selecting engineering firms to provide necessary services. Five firms were selected which have proven knowledge and expertise in construction management. A Request for Proposal was issued to these firms with general guidelines for their responses. Their proposals were reviewed and ranked based on the relevant criteria for the contract (see attached scoring sheet). Anchor QEA has been selected to provide construction management services for the City's 2011 Overlay and Repair Program. DISCUSSION Anchor QEA has provided a contract, scope of work, and fee estimate to provide lead construction management services for the 2011 Overlay and Repair Program. Additional construction engineering and project management oversight will be provided by KPG, Inc. and City personnel according to the following budget assumptions. Contract Budqet Construction Mgmt Budget (2011) $150,000.00 CM Services Anchor QEA $104,708.00 CE Services KPG 23,846.52 CM City Staff 21,000.00 149.554.52 $150.000.00 RECOMMENDATION The Council is being asked to approve and forward the proposed contract with Anchor QEA in the amount of $104,708.00 for consideration at the August 22, 201 Committee of the Whole meeting and subsequent September 6, 2011 Regular Meeting. Attachments: Consultant Selection Scoring Sheet Contract, Scope of Work and Fee Estimate W:IPW Eng1PROJECT&A- RW 8 RS ProjectsOl 110401 (2011 Overlay and Repair Program)IConstructionW.200 Correspondencel- DRAFTSIinfo Memo Anchor CM OB -12 -11 gl.docx 77 C) o G) w w d r 3 Jlnb e �o 6 «s s k E 4t Q±in 0,6 R ooj g /m u� Cl 0 Lo C14 N C14 tit ElpQ o 0 a r m o 0 2 0 7 Oj d JO E) LIO s ©b k k 6 e s A\ rR Cl U-) a 2 c o ƒ i q ra. CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Anchor QEA, LLC, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Construction Management services in connection with the project titled 2011 Overlay Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 180 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed One Hundred Four Thousand Seven Hundred Eight dollars ($104,708) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 79 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal, injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregrate. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under 2 80 this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that they have not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation- of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 81 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Anchor QEA, LLC Ed Berschinski 720 Olive Way, Suite 1900 Seattle, Washington 98101 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 1 20 CITY OF TUKWILA Jim Haggerton, Mayor CONSULTANT By: v A IL4'L�"�L Printed Name: IA 1 l ec i �b Title: Pr1:A'e J n�,l Attest/Authenticated: Christy O'Flaherty, CMC, City Clerk Approved as to Form: Office of the City Attorney 19 ANCHOR OEA�: Exhibit A City of Tukwila: Construction Management Services 2011 Overlay Program City Project No. 911110401 SPECIFIC SCOPE OF WORK CONSTRUCTION MANAGEMENT SERVICES The following represents the general scope of services to be performed by Anchor QEA, LLC (Anchor QEA) during construction of the City of Tukwila (City) 2011 Overlay Program. The services are divided into different categories of work that represent the chronology of the activities, as well as the types of services provided. This scope is intended to reasonably address the construction related services that would normally be anticipated for a project of this type. The project contract documents indicate a 70 calendar day (approximately 50 working day) construction contract, which will govern assumptions regarding hours for field personnel. Task 1 Pre Construction Services Subtask 1.1 Construction Document Review Scope Obtain from City and become familiar with plans, specifications, property owner agreements, and other existing information pertinent to performance of the work. Hold kick -off meeting for Anchor QEA project team. Subtask 1.2 Pre Construction Meeting Scope Prepare meeting agenda. Conduct and attend pre- construction meeting. Prepare and distribute pre construction meeting minutes. I Subtask 1.3 Submittal Review Scope Log and track contractor submittals (as outlined in specifications). Review contractor submittals for general compliance with contract operational requirements; such submittals will include general requirements (i.e., schedule and wage rates. Technical product submittals (i.e., catalogue cuts, material test reports, and certifications) will be reviewed by the designer (KPG). Submittals will be routed as requested for review by City maintenance staff and/or City /consultant design team, but all recorded on one log. Subtask 1.4 Conditions Review Scope Pre Construction Conditions: Document pre construction conditions, including pre construction site condition surveys, photographs, and record any visible property corners. Task 2 Contract Administration Services Subtask 2.1 Planning Scope Prepare a brief project specific construction management plan that outlines tasks, staff responsibilities, procedures and forms, documentation methods, safety procedures, and communication links. Subtask 2.2 Records Management Scope Documentation: Establish project specific documentation management system for maintaining project records and tracking multiple party review /approval documents. Documents include submittals, Requests for Information (RFIs), change orders, test reports, surveys, meeting minutes, project photographs, and general correspondence. Liaison: Act as City's representative /liaison for daily coordination/communication to contractor, as well as that from other agencies, other contractors (adjacent projects), M site tenants and other third parties that will have access impacted during the course of the project, and the City Police Department regarding traffic control. Correspondence: Conduct telephone correspondence with various parties, and prepare a draft response on behalf of the City to formal project construction correspondence requiring responses. Status Reports: Prepare and transmit monthly invoices and status reports. Status reports to accompany invoices shall include project progress with respect to critical timelines, budget status, and identification of any issues that may affect schedule or budget. Products Project documentation system (files) Tracking logs for correspondence Draft letters Status reports Subtask 2.3 Progress Payments Scope Payment: Prepare payment spreadsheet. Review monthly progress payment requests submitted by the contractor. Provide measurements and verification of progress and submit monthly application for payment to the City for processing. Products Payment spreadsheet with signature page Task 3 Field Observations /Inspections Scope Activities performed by field engineer /technician: Observation: Observe the technical conduct of the contractor's work for quality and compliance with design documents, approved submittals, and/or applicable technical standards. Prepare a daily inspection report and take progress photographs. VJ Interpretations: Provide day -to -day interpretation of contract requirements and respond to contractor's questions including resolution of minor issues. Testing: Perform or cause to be performed sampling and testing of materials to be incorporated into the project. Review compaction testing results performed by testing technician and verify compliance with specifications (for materials testing by subconsultant, see Task 8). All test acceptances will be performed by City personnel. Measurements: Perform or cause to be performed field measurements and collect and tally truck tickets to determine material quantities, verify placement limits, or other measurements to verify pay requests and conformance with project requirements. (Actual survey, if needed, may be done by others, see Task 7). Field Changes: Facilitate minor field changes to circumvent change orders due to variations in field or other unanticipated conditions. Coordinate with design engineer for any changes that may impact project cost or time. (See Task 4). Communications: Maintain primary day -to -day communications with the contractor and keep the construction manager and City representative informed of activities. Receive comment from neighboring property owners and the general public and provide responses for questions and concerns. Check for contractor compliance with requirements for traffic control and notice requirements with City. Participate in weekly project meetings Note: For budgeting purposes, this proposal assumes one full -time equivalent inspector on site for 70- calendar day construction contract duration (50 working days 9 hours /day). An average of one person on site during active contractor working periods means the inspector may not be on site full -time, or if the contractor is working on multiple sites simultaneously during short durations, two people may be on site at the same time. Products Inspection Daily Reports Field sketches and measurements Progress photographs 4 Task 4 Construction Engineering /Change Orders Scope Respond to questions related to site engineering. Evaluate contractor proposed revisions or substitutions. Change Orders: Prepare calculations, drawings, cost estimates, and justification for change orders for approval by the City. This includes coordination with the designer for input regarding design changes. Negotiate change orders with the contractor and incorporate into the project. Note: For this cost estimate we have assumed up to four minor change orders (up to 8 hours per change order). Task 5 Site Visits /Meetings Scope Periodic site visit by construction manager in combination with conducting a weekly coordination meeting with the contractor. Prepare agenda and minutes of meetings including tracking of action items. (Assumes 10 meetings 3 hours /meeting). Task 6 Record Drawings Scope Review mark -up drawings provided by the contractor that include any field changes and final configuration of facilities. Review provided by field inspector in Task 3. Actual CAD drafting of record drawings is assumed to be provided by KPG. Task 7 Surveying Scope Activities: Although none is anticipated, we understand a budget has been established for a licensed surveyor to perform any survey verification (if needed) to confirm any monumentation, questionable property corners, verify grades, or similar services. The survey work will be done by a City- approved survey subconsultant (as needed) under the services during construction performed by KPG. 5 Task S Materials Testing Scope Work on this task will not begin until receipt of City approval of a qualified, independent subcontractor. We are proposing Krazan for these services. Provide tests of materials for compliance with contract requirements for gradation, compaction, etc. (as needed only to verify). Products Test Reports Note: Anchor QEA will review test results for compliance with the project specifications. A budget of $10,000 has been established for this task. EXCLUSIONS Anchor QEA shall assume no responsibility for proper construction techniques and jobsite safety. The presence of Anchor QEA personnel at the construction site is for the purpose of providing the City a greater degree of confidence that the work will generally conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor. Anchor QEA will endeavor to protect all parties against defects and deficiencies in the work of the contractor(s) but cannot guarantee the contractor's performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor or any subcontractors. ESTIMATED COSTS A detailed breakdown of labor and cost estimates by task is provided in the accompanying budget spreadsheet. Note that labor hour breakdowns by subtask are included in the spreadsheet. We will track and bill costs at the subtask level. We trust that this proposed scope and cost estimate is sufficient for your needs. If you have any question regarding this scope, please do not hesitate to contact Ed Berschinski at eberschinski aoanchoraea.com or 206 819 -6009. 69 6909 09 69 V) V) 69 69 V) V) V) V) V) 6R� V) 69 69 V) V) W 69 V) 69 69 H 00O C r (n It M U v n N Q) o co W x W LAC, 0 0 0 0 0 M 69 V) 69 69 V) V) 69 69 V) 69 69 V) bo 69 69 V) 0 69 V) V) fA fA L C D m 13 00 00 0 L) cL N Z d V) E9 FA V) 6969 V) di V) V) V) V3 69 x (D O (O O O O r r i r r r r r i r r i r O (D co 0�2 000 M Y M Cf) 0 0 0 O ca co V 00 (O M I to cn CA to C 69 EH V) ffl V) V) 64 fA 69 (9 Vi Vi Efl V) V) (A V) (A Vi V) V) Vi 69 C_ m F r N y 0 0 0 0 0 4) Co fn V) 69 69 V) V) V) V) V) 69 63 V) V) V) V) V) V) w (A 69 V) V) 69 V) co r W m O N N N ca Y la N fa N N y F- F FO 00000 V) V) V) 69 Vi V) 69 69 V) (A 69 to 69 V) V) V) V) V) w V) V) 6s (.9 0) co V N r i r r l oo l O M M y N CD (0 n Fc C00000 M M b9 V) fA d) 6P V) V) 69 V) 64 69 69 V) V) V) 69 V) V) 69 V) 69 V) V) co co V N r p i r i i i i L O (O cD co N N CN n P o u V MOOO� N C O n V) V) V) 69 69 E9 V) V) V) W W 69 69 V) w w 69 69 69 V) V) V) V) 0) CO r i i r(D p CN r r r i i i M co p r r y O O CA N CD r r N m co O LO 0 0 U r- W H E2 N V) V) 69 69 69 69 69 V) V) V) 69 E9 V) V) 69 (A V) w V) V) 69 V) tT O .N a N [0 M r r r p r i r r i i r r m r r i V 0 U O c0 10 O O T N' Y l0 O m N U'. 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C Q.�. ma. 7O0 C 0 O ro C G ro h J V ZN O mma NF F 2 0r'Cy .O F- 7 Q N W Q� O W W O 'p d t) d C O t 4) j 0 V) c V W W 'o U a� W O LL ro o N 2 a a War r y y W w Q u 0 mO u E CL E u m U d a a F- �O in ro ar ."omoa) o O O ya' m d m Q J y o m DE 0 cd y ID a O F a pN v (n U rn� n O m� o p W h Z C O� N Cc Q O co rot (0 N f6 t U) U- (D a) r. 00 00 CO 10 000 r 000 OOO O V O O N V O r n M V O N m r to 13i 000 0 0 0 0 O LO N O O Cl) It O R N r N 0 0) N N O (O 0) CD (D N O T ro Cl) N N r o 69 6909 09 69 V) V) 69 69 V) V) V) V) V) 6R� V) 69 69 V) V) W 69 V) 69 69 H 00O C r (n It M U v n N Q) o co W x W LAC, 0 0 0 0 0 M 69 V) 69 69 V) V) 69 69 V) 69 69 V) bo 69 69 V) 0 69 V) V) fA fA L C D m 13 00 00 0 L) cL N Z d V) E9 FA V) 6969 V) di V) V) V) V3 69 x (D O (O O O O r r i r r r r r i r r i r O (D co 0�2 000 M Y M Cf) 0 0 0 O ca co V 00 (O M I to cn CA to C 69 EH V) ffl V) V) 64 fA 69 (9 Vi Vi Efl V) V) (A V) (A Vi V) V) Vi 69 C_ m F r N y 0 0 0 0 0 4) Co fn V) 69 69 V) V) V) V) V) 69 63 V) V) V) V) V) V) w (A 69 V) V) 69 V) co r W m O N N N ca Y la N fa N N y F- F FO 00000 V) V) V) 69 Vi V) 69 69 V) (A 69 to 69 V) V) V) V) V) w V) V) 6s (.9 0) co V N r i r r l oo l O M M y N CD (0 n Fc C00000 M M b9 V) fA d) 6P V) V) 69 V) 64 69 69 V) V) V) 69 V) V) 69 V) 69 V) V) co co V N r p i r i i i i L O (O cD co N N CN n P o u V MOOO� N C O n V) V) V) 69 69 E9 V) V) V) W W 69 69 V) w w 69 69 69 V) V) V) V) 0) CO r i i r(D p CN r r r i i i M co p r r y O O CA N CD r r N m co O LO 0 0 U r- W H E2 N V) V) 69 69 69 69 69 V) V) V) 69 E9 V) V) 69 (A V) w V) V) 69 V) tT O .N a N [0 M r r r p r i r r i i r r m r r i V 0 U O c0 10 O O T N' Y l0 O m N U'. N CA CV OM O (C N u O >Z: �U) m o y Z c r- 0 V) N C 69 69 V) 69 V) V) V) V) V) 69 V) (A W 69 W V) V) V) W 69 69 V) V3 O 0 a'C CF) (D (D N D) (D O N a) m C C w Y r c r (0 t0 N N O N V O I O '3 C N C C� O N N 0 c0 M V r m C O C O,o LL U E Z 0 E V) 69 69 w V) 69 69 V) W 69 (a 69 W V) W W V) 69 64 V) V) V) (7 (n U V) co non no a Z O m 0� .N U a) c Ocq V (O O o o p W N N O co N O? O L O to O O Q d C C O j O V N c0 0 O 0 0 O O O N O VT V4 69 69 V) V' V3 V3 aUEUc N M V c0 U V U C U) ro p .0) V V N N fA N a 4 e Y y Y y ch (n U) �a 7 .l1 0r N ro 0 0 O= Y (0 a la a ro N N N N N to J O c6 N. C Q.�. ma. 7O0 C 0 O ro C G ro h J V ZN O mma NF F 2 0r'Cy .O F- 7 Q N W Q� O W W O 'p d t) d C O t 4) j 0 V) c V W W 'o U a� W O LL ro o N 2 a a War r y y W w Q u 0 mO u E CL E u m U d a a F- �O in ro ar ."omoa) o O O ya' m d m Q J y o m DE 0 cd y ID a O F a pN v (n U rn� n O m� o p W h Z C O� N Cc Q O co rot (0 N f6 t U) U- TRANSPORTATION COMMITTEE Meeting Minutes August 15, 2011 S: 00 p. m. Conference Room I City of Tukwila Transportation Committee PRESENT Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Peter Lau, Jack Pace, Derek Speck, Shawn Hunstock, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Ammlications: 2011 Transportation Improvement Board Funding Programs Staff is seeking Committee approval to submit two projects /grant applications to the Washington State Transportation Improvement Board (TIB) 2011 Funding Program. Upon approval, staff will submit applications for the Capital Improvement Projects (CIP) listed below: Andover Park West Tukwila Parkway to Strander Boulevard Interurban Avenue South— South 143` Street to Fort Dent Way If awarded, funding will require a minimum 20% match. Fund recipients are expected to be announced in November. UNANIMOUS APPROVAL. SUBMIT GRANT APPLICATIONS. B. 2011 Overlav and Repair Program Construction Management: Consultant Selection and Agreement Staff is seeking full Council approval to enter into a contract with Anchor QEA, LLC in the amount of $104,708 for construction management services for the 2011 Overlay Program. Anchor QEA was identified as the best selection of five firms considered from the Municipal Research and Services Center (MRSC) consultant roster. The 2011 Program will provide roadway and overlay repairs at four locations, including one additive item (see Transportation Committee minutes dated June 20, 2011). The City has $150,000 budgeted for construction management services for the 2011 Overlay Program. Current construction management contracts total $149,554.52 UNANIMOUS APPROVAL. FORWARD TO AUGUST 22 COW FOR DISCUSSION. C. Tukwila Urban Center (TUC) Pedestrian/Bicvcle Bridge: Tvme, Size and Location Studv As an information only item, staff reviewed the processes to date that have resulted in the draft Type, Size and Location (TSL) Report for the TUC Pedestrian/Bicycle Bridge_ This project is being reintroduced to the Committee and Council due to two recently received grants totaling over $1.2 million that will fund completion of the bridge design. Staff highlighted the project history which initially began with the 1995 Comprehensive Plan Urban Center Goals, and a preview of the draft Type, Size and Location Report (see staff distributed PowerPoint attached to Committee minutes). Staff will distribute the TSL Report to Committee members next week, and will return to the Committee on September 6 to discuss this project further. In addition to seeking Committee direction on next steps after reviewing the TSL Report, staff will ask the Committee if they would like this item to go forward to a COW. 91 92 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by t14 s review Counci� 08/22/11 I MH 4.D. ITEM INFORMATION CAS Nui\jt3t.R: 11-085 1 STAFF' SPONSOR: ORIGINALAGI?,NDA DATI-;: 8 /22/11 AGI ND;\ I'rr:>\rt TiTj Gambling tax rate increase based on the number of social card rooms in the City. C\ I'1?GORY Discussion Motion Resolution Ordinance BidAivard Public Hearing Other lZtg Dote 8122111 Mt g Date Mtg Date Mtg Date Ml� Dale Mtg Date tl2tg Date SPO NSOR Council Mayor HR DCD .Finance Fire IT P &R Police PW SPONSOR'S Ordinance 2323 required all commercial social card rooms to cease operation by January 1, SUMMARY 2016. At the August 8, 2011 Committee of the Whole meeting, the Council asked staff to draft an ordinance based on a taxing structure to be based on the number of social card rooms within the City. RI?\ ji :M /i?D RY cow Mtg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. City Attorney /City Council C0MMI'1- I'IJ1- Forward Issue to Committee of the Whole COST IMPACT FUND SOURCE ExI)I,;N1)ITUR13 RL?Ouiiu'1D AMOUNT BUDGETED APPROPRIATION REQUIRED $2.1 million $0 Fund Source: Connnents: Retains the existing revenue stream from gaming uses MTG. DATE I RECORD OF COUNCIL ACTION 8/22/11 MTG.DATEI ATTACHMENTS 8/22/11 I Informational Memorandum dated 8/16/11 Ordinance in draft form 93 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Shelley Kerslake, City Attorney DATE: August 16, 2011 SUBJECT: Gambling Tax Rate Increase based on the Number of Social Card Rooms in the City ISSUE The City's gambling tax on social card rooms. BACKGROUND This ordinance will increase the gambling tax rate on social card rooms based on the number of such establishments operating in the City. DISCUSSION Tukwila currently taxes social card game businesses at 20 percent, which is the maximum allowed tax rate. See TMC 3.08.030(A)(4). It is our understanding that no business pays pursuant to this rate. Tukwila currently taxes public card rooms operated as a commercial stimulant at 1.0 percent. See TMC 3.08.030(A)(5). State law does not contain a distinction between social card rooms and public card rooms for taxation purposes. This ordinance will eliminate the distinction in tax treatment between social card rooms and public card rooms and will tax both under a graduated tax rate based on the number of such establishments operating in the City, as follows: Number of Public Card Rooms Tax Rate 5 or less 10% 6 15% More than 6 20% Pursuant to this ordinance, the tax rate on card rooms increases as the number of such establishments operating in the City increases. The rationale behind this ordinance is to deter new card room establishments from opening in the City because it will increase the tax rate for all such establishments. In addition, this proposed ordinance would repeal Ordinance 2323 and the five -year sunset provision. RECOMMENDATION The City Attorney's Office makes no recommendation regarding adoption of this ordinance, as this is a policy decision for the Council. 95 INFORMATIONAL MEMO Page 2 ATTACHMENT Ordinance establishing the gambling tax rate increase based on the numher of social card rooms operating in the City. F:\APPS \CIV TUKWILA \Memo \MFMO Gambling Tax Increase for Public Card Rooms Council Pa.doc •o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1809 §1 (PART) TO REMOVE THE DISTINCTION BETWEEN SOCIAL AND PUBLIC CARD ROOMS, AMENDING VARIOUS ORDINANCES TO INCREASE THE TAX ON CERTAIN GAMBLING ACTIVITIES UPON CERTAIN TRIGGERS, REPEALING ORDINANCE NO. 2323 §2, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.20, "CERTAIN GAMBLING ACTIVITIES PROHIBITED PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 22, 2011, the Tukwila City Council passed Ordinance No. 2323, which allowed social /public card rooms citywide until December 31, 2015, after which social /public card rooms conducted as a commercial stimulant would thereafter be prohibited effective January 1, 2016; and WHEREAS, the social card rooms operating in Tukwila generate significant gambling tax revenues for the City; and WHEREAS, there is a cost to patrol and enforce City codes related to gambling; and WHEREAS, the more card rooms operated as a commercial stimulant, the more City costs increase; and WHEREAS, pursuant to the City Council's power to tax certain activities for revenue purposes as set forth in RCW 9.46.110, the City Council now desires to increase the tax levied on any social card room operated as a commercial stimulant, upon certain conditions, by amending Tukwila Municipal Code (TMC) Section 3.08.030.A.4; and WHEREAS, the City Council further desires to repeal Ordinance No. 2323 §2; and WHEREAS, the City desires to make its code consistent with state law regarding the class of taxpayers for each gambling activity; and W: Word Processing \Ordinances \Gambling tax amended upon certain triggers 8 -16 -11 SK:bjs Page 1 of 4 97 WHEREAS, state law does not distinguish between social and public card rooms, for taxation purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.08.010, "Statutory Provisions Incorporated by Reference," Amended. Ordinance No. 1809 §1 (part), as codified at TMC Section 3.08.010, is hereby amended to read as follows: The provisions of Chapter 218, Laws of Washington, 1973 First Extraordinary Session, as amended by Chapters 135 and 155, Laws of Washington, Third Extraordinary Session 1974, are incorporated in total by reference as though fully set forth, and in particular, the definitions as contained in Section 2, Chapter 218, Laws of 1973, First Extraordinary Session, as amended, relating, among others, to "amusement games," "bingo," "raffles," "gambling," "punchboards," "pulltabs," and "social card games.," Section 2. TMC Section 3.08.030, "Tax Rates," Amended. Ordinance Nos. 2230 §1, 2150 §1, 1891 §1 and 1809 §1 (part), as codified at TMC Section 3.08.030, are hereby amended to read as follows: A. Pursuant to RCW 9.46.110 and RCW 9.46.120, as amended by the Laws of Washington, effective July 27, 1997, there is levied upon all persons, associations and organizations who have been duly licensed by the Washington State Gambling Commission, as authorized by law, the following tax: 1. Bingo games and raffles: To conduct or operate any bingo games and raffles, a tax rate of 5% of the gross revenue received therefrom, less the actual amount paid by such person, association or organization for or as prizes. 2. Amusement game: To conduct any amusement game, a tax rate of 2% of the gross revenue received therefrom, less the actual amount paid by such person, association or organization for or as prizes. 3. Punchboards or pulltabs: For the conduct or operation of any punchboards or pulltabs, a tax rate of 5% of the gross receipts from such activities for commercial stimulant operators (taverns, restaurants, etc.); and a tax rate of 10% on the gross receipts less the amount paid out as prizes for charitable or nonprofit organizations. 4. Social card games: a. For the conduct or operation of any premises or facility used to play social card games, a tax rate of-2" 10% of the gross receipts received therefrom; provided that when the number of card rooms in the Citv exceeds five, the tax rate shall increase to 15% of the qross receipts received therefrom. Additionaliv, when the number of card rooms exceeds six, the tax rate shall increase to 20% of the qross receipts received therefrom. W: Word Processing \Ordinances \Gambling tax amended upon certain triggers 8 -16 -11 SK:bjs Page 2 of 4 b. For purposes of this provision, the issuance of a certificate of occupancv for a social card room shall trigger the increase in the number of social card rooms in the Citv. After a certificate of occupancy is issued which triggers the increased tax rate, the Finance Director or his or her designee, shall notifv the social card rooms of the increased rate and that rate shall be said thereafter by all card rooms in this tax categorv. startina the financial quarter after notification. r- 0% of the gFe6s reGe reGeiyed theFefFem B. Non Profit Organizations. 1. No tax shall be imposed under the authority of TMC Chapter 3.08 on bingo or raffles when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in RCW 9.46.0209, which organization has no paid or management personnel, and has gross income from bingo and raffles, or any combination thereof, not exceeding $5,000 per year, less the amount paid for or as prizes. 2. The Finance Director may waive the tax due each quarter from a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209. This waiver may occur only if the charitable or nonprofit organization demonstrates by clear and convincing documentation that an amount equal to at least 70% of the tax due the City, as computed pursuant to TMC Section 3.08.030, will be donated to charitable nonprofit organizations serving the City whose purpose is to provide programs or facilities for meeting the basic health, education, welfare, or other needs of the residents of the City. Failure to donate at least 70% of the tax due the City will result in revocation of the waiver and the disqualification of the bona fide charitable or nonprofit organization to receive a waiver for future tax payments. Section 3. Repealer. Ordinance No. 2323 §2, as codified at TMC Chapter 5.20, "Certain Gambling Activities Prohibited," is hereby repealed. Section 4. 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 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. 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. W: Word Processing \Ordinances \Gambling tax amended upon certain triggers 8 -16 -11 SK:bjs Page 3 of 4 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Gambling tax amended upon certain triggers 8 -16 -11 SK:bjs Page 4 of 4 I I �1 CO UNcm AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayor, r revienr I Council review 08/22/11 I DT I -nt. I 4.E. Special ITEM INFORMATION I CASNu,N iiirR: 11-086 STAFF SPONSoiz: DON TOMASO ORIGINM,AGIiNDA DA'rr.: 08/22/11 A(,r?NI)A I'ri \1 Trru-'. Fireworks Permit for Sounders Football Club Match on August 30, 2011 CATFIGORY Discussion Motion Resolution Ordinance BidAwrd .Public Hearing Other Altg Date 08 122111 Mtg Date 08122111 12tg Date t12t Date Mtg Date t17tg Date All Date SPA )NSOR Council Mayor E] HR DCD Finance Fire IT P &R Police PU'I SI'c>NS()R'S This is the public display permit for the Sounder Football Club Match on August 30, 2011. SUi\INIARY The proposed pyrotechnics for the Seattle Sounders at the Starfire Soccer Complex are to include concussion mortars at the kickoff of the game, mines and concussion mortars for each Sounders' goal, and in the event the Sounders win, a 60 -90 second blast of concussion mortars, mines, crossettes, and bombettes. RI ;�'u;�x I,D I3Y cow 1 CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. P1arming Comm. DA'rE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOit /ADMIN. Approve Permit Cc )NINMTl "rl I; COST IMPACT FUND SOURCE EXPI'NDrruRr Rl ;.(XIRri) AMOUNTBUDGETED APPROPRIATION REQUIRED $0 Fund Source: Coinntents: MTG. DATE j RECORD OF COUNCIL ACTION 08/22/11 1 MTG. DATE 1 08/22/11 ATTACHMENTS Informational Memorandum dated 8/18/11 Copy of Permit Conditions Site Maps Certificate of Insurance 101 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: Don Tomaso, Fire Marshal DATE: August 18, 2011 SUBJECT: Sounders' Football Club Fireworks Display on August 30, 2011 ISSUE The City has received an application for a public fireworks display at the Starfire Sports complex in conjunction with a Sounders' Football Club match to be held at Starfire on August 30, 2011. This will be a proximity fireworks display, which is different than the City sponsored event on July 4 th BACKGROUND In addition to RCW 70.77, Tukwila Municipal Code 8.12.20 regulates fireworks within the City. 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, has been investigated by the Fire Marshal's Office and found to comply with the requirements listed in RCW 70.77. This display will be set up and discharged by Western Display Fireworks out of Oregon. Western Display Fireworks is a fourth generation family -owned business with over 60 years of experience. They have produced some of the largest displays in the Northwest including the Tacoma Freedom Fair, 4th of July- Iver's, Melaleuca Freedom Celebration (Idaho Falls, ID) and Fort Vancouver, as well as hundreds of other displays throughout the year. Western Display Fireworks has been producing the pyrotechnics for both the Seattle Seahawks and Seattle Sounders at Century Link stadium since 2005. The proposed pyrotechnics for the Seattle Sounders at the Starfire Soccer Complex are to include concussion mortars at the kickoff of the game, mines and concussion mortars for each Sounders goal, and in the event the Sounders win a 60 -90 second blast of concussion mortars, mines, crossettes, and bombettes. With proximity fireworks we will not have the fallout associated with the display type fireworks used for the 4th of July show, and the size of the shells will be smaller requiring a smaller restricted area. The display area is indicated on the attached map with the labeled areas. I have also included a Starfire site map for the whole complex for reference. Given the location of the display the Fire Marshal's office will require 2 additional fire watch personnel on site, available to respond to any problem. Starfire will be providing off -duty Tukwila Police for crowd control, in addition to crowd control staff from Century Link stadium. 102 INFORMATIONAL MEMO Page 2 ANALYSIS This will be the first time for a display of this type at the Starfire stadium and the proximity fireworks which are designed for this type of application will provide the highest possible safety for the spectators. Fire will inspect the fireworks display area and pyrotechnics prior to the discharge to ensure all applicable safety standards are adhered to. RECOMMENDATION The Council is being asked to consider this item at the August 22, 2011 Committee of the Whole meeting and Special meeting. ATTACHMENTS Fireworks Permit Conditions letter Starfire Sports complex site maps Certificate of Insurance WA2011 Info Memos \SoundersFCFireworksPermit.doc 103 s City of Tukwila Fire Department Jim Haggerton, Mayor Nicholas J. Olivas, Fire Chief FIREWORKS PERMIT CONDITIONS To: Mr. Chris Rickman From: B /C. Tomaso Re: Sounders Football Club Match August 30, 2011 Date: August 18, 2011 1. Establish safety perimeter a minimum of 30 minutes prior to display start. 2. Have discharge monitors in visible uniform clothing. 3. No Pyrotechnics to be brought to site prior to the day of the display. 4. All personnel inside the safety perimeter shall use Personnel Protective Equipment as outlined in NFPA 1123. 5. Only Pyrotechnicians and Fire Watch personnel will be within the safety perimeter. 6. Portable fire extinguishers shall be in place prior to unloading of pyrotechnics from transport vehicle. (2A 20 BC Minimum Size) 7. 6 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 of the display or the crowd disperses. 8. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic shells. 9. Tukwila Fire Department shall inspect all static displays upon completion of set up. 10. Any breech of the safety perimeter shall suspend the display until the perimeter is cleared and re- established. 11. 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. 12. 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 104 105 ilulll Will pul ME Imp ?Ellf"Ill W.1 U M CI w ll� m A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) OP ID EF 08/18/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Biggs Insurance Services PHONE rAx P.O. Box 189 (A/C, No, Ext): I (AIC, No): In MAIL 916 Main Street ADDRESS: Vancouver WA 98666 PRODUCER CUSTOMERID WESTE Phone:360- 695 -3301 Fax:360- 696 -2232 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Liberty Surplus Insurance Comp Western Display Fireworks INSURER B: Lexington Insurance Company P.O. Box 932 Canby OR 97013 INSURER C: Praetorian Insurance Company DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space s required) Show Date: August 30, 2011 Site: Starfire Soccer Complex, 1Y800 Starfire Way Tukwila, WA /Add'l insured per CGL1037 1) Telesis Corp 2) John Morrison 3) �eattle Sounders 4)Starfire Sports Complex 5) City of Tukwila, its officers, agents and employees CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TELE001 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. TELESIS Corp. AUTHORIZED REPRESENTATIVE 9311 SE 36th St, Ste 210 Mercer Island WA 98040 I 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 107 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN aK TYPE OF INSURANCE A o.or LTR INSR WVD POLICY NUMBER NU,IUT arr ruul.Y cAe LIMITS (MMIDD /YYYY) (MM /DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY DGLCH18430407 01/15/11 01/15/121 PREMISES (Ea occurrence) I 50 000 CLAIMS MADE FX] OCCUR MED EXP (Any one person) Excluded X PERSONAL ADV INJURY 1,000,000 X Stop Gap GENERAL AGGREGATE I 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS COMP /OP AGG I 1,000,000 POLICY E JE E LOC LIABILITY COMBINED SINGLE LIMIT I 5,000,000 AUTOMOBILE (Ea accident) I C ANY AUTO P000910011005 01/15/1101/15/12 BODILY INJURY (Per person) I ALL OWNED AUTOS INCL TRUCKERS BODILY INJURY (Per accident) i SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) X NON -OWNED AUTOS I C X Excess Truckers P000990000101 01/15/11 01/15/12 B UMBRELLA LAB X OCCUR 028339555 01/15/11 01/15/12 EACH OCCURRENCE 4,000, EXCESS LAB CLAIMS -MADE AGGREGATE 4,000,000 DEDUCTIBLE X H RETENTION 10,000 i s WORKERS COMPENSATION wC51AIU- OIH- LIMITS I E R AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE _!TORY E.L. EACH ACCIDENT OFFICER /MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE EA EMPLOYEE If yes. describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space s required) Show Date: August 30, 2011 Site: Starfire Soccer Complex, 1Y800 Starfire Way Tukwila, WA /Add'l insured per CGL1037 1) Telesis Corp 2) John Morrison 3) �eattle Sounders 4)Starfire Sports Complex 5) City of Tukwila, its officers, agents and employees CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TELE001 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. TELESIS Corp. AUTHORIZED REPRESENTATIVE 9311 SE 36th St, Ste 210 Mercer Island WA 98040 I 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 107 1: Upcoming Meetings Events August September 2011 22nd (Monday) 23rd (Tuesday) 24th (Wednesday) 25th (Thursday) 26th (Friday) 27th (Saturday) Community Utilities COPCAB, Planning Tukwila Int'1. Affairs Parks 3:00 PM 6:30 PM Commission Blvd. Action Cmte, (CR #5) Worksession, Cmte's 5: 00 PM 6:30 PM Trash Pickup Day (CR #3) Budget Work (Council 9:00 10:00 AM Session 6:00 8:00 Pm Chambers) r l City Council (Council Committee of Chambers) the Whole Mtg., 7:00 PM Tukwila For location contact (Council International Rick at Clambers) Boulevard rick @forschler.org Committee of Action Cmte, the Whole to be 7:00 PM immediately (Community followed by a Center) Special Mtg. 29th (Monday) 30th (Tuesday) 31st (Wednesday) 1st (Thursday) 2nd (Friday) 3rd (Saturday) Sister City Cottage Creek Equity Cate, 5:30 PM, Restoration Diversity (Tukivila after work Commission, Community 5:15 PM Center) party (CR 43) 4:00 7:00 PM (meet by flagpole at City Hall) For more information contact Brandon Miles at 206 -431 -3684 Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Lynn Wallace at 206 -575 -1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Human Resources at 106 -431 -2187. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. (A). Interlocal Agreement with King County for Climate Change Collaboration. (B) Parks Recreation Event Calendar. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynnh (206 -433- 7175). Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Traatina at 206 -433 -1850. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Human Services Advisory Bird: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 -767 -2342. Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. Sister City Committee: Quarterly (7/6 10/5), 5:30 PM, Conf. Room #3. Contact Tracy Gallaway at 206 767 -2305. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf: Room #1. Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage Cultural Center, 14475 59 Avenue S. Contact Pat Brodin at 206 -433 -1861. Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Mike Villa a1206 -433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 8123111 meeting has been cancelled 109 Tentative Agenda Schedule MONTH MEETING 1 MEETING 2 MEETING 3 MEETING 4 REGULAR'' C.O.W. REGULAR C.O.W. August 1 8 15 22 See agenda packet cover sheet for this week's agenda (August 22, 2011 Connnittee of the Whole Meeting) September 6 (Tuesday) 12 19 26 SDecial Presentations Soecial Presentations: Swearing in of Treasures of Tukwila Michael Baisch, Police Safe Routes to School Officer, and Darryl Barnes, Transport Public Hearing: Service Officer. Unclassified Use Washington State Permit (UUP) for Blue American Legion Star Gas Award Washington Finance Unfinished Business: Officers' Association Adopt findings of fact, (WFOA) Professional Conclusions, and Finance Officer's Recommendations in Award to Shawn Staff report and Hunstock, Finance approve the Director Unclassified Use Permit (UUP) for Blue Star Gas A resolution Appointments: supporting the King COPCAB County Cities Appointments Collaboration to create a regional network of Unfinished Business: local governments An ordinance dedicated to issues of regarding livestock, climate change and small animals and sustainability and fowl authorizing the Mayor Authorize the Mayor to enter into an Interlocal Agreement to enter into with King County for Interlocal agree ement that purpose with King County for the side sewer connection of Bow Lake Transfer Station Authorize the Mayor to sign a contract with Anchor QEA for the 2011 Overlay and Repair Program in the amount of $104,708.00 New Business: Collective bargaining agreement for USW Police Commanders 110