HomeMy WebLinkAboutCOW 2011-10-24 COMPLETE AGENDA PACKETTukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers: Joe Duff ie Joan Hernandez
David Cline, City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
To be followed by a Special Meeting
Monday, October 24, 2011, 7:00 PM
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
Tukwila City Hall Council Chambers
2. 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.
3. PUBLIC HEARING An ordinance repealing Ordinance No. 2332 and amending Ordinance
Pg.1
No. 2287 to modify the definition of Crisis Diversion Facilities.
4. SPECIAL a. An ordinance repealing Ordinance No. 2332 and amending Ordinance
Pg.1
ISSUES No. 2287 to modify the definition of Crisis Diversion Facilities.
b. A funding agreement for the Commute Trip Reduction Program.
Pg.11
c. An ordinance regarding a boundary revision on 53rd Avenue South
Pg.31
from South 170th Street to South 172nd Lane.
d. An ordinance relating to business license housekeeping items.
Pg.45
e. An ordinance combining RGRL and business license fees to create a
Pg•73
combined license fee.
f. A resolution authorizing the cancellation of outstanding claims, payroll
Pg•109
checks, etc.
g. An ordinance regarding Council compensation.
Pg.121
5. REPORTS
6. MISCELLANEOUS
7. EXECUTIVE SESSION
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
S. ADJOURN TO SPECIAL MEETING
(continued...)
blank
SPECIAL MEETING
Monday, October 24, 2011
Page 2
SPECIAL MEETING
Ord #2353 Res #1749
1. CALL TO ORDER ROLL CALL
2. CONSENT AGENDA Approval of vouchers.
3. 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 comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meetizs� Date Prepared by Mayors review Co tr zczl revieza
10/24/11 BJM 3
11/07/11 BJM
i 4.A.
ITEM INFORMATION
CAS NuNIHIT: STAFF SPONsolt: BRANDON MILES ORIGINrU,AGI-NDA DA'rr_;: 10/24/11
,\c;I-.N1) ITI.M TrI I.1 An Ordinance Repealing Ordinance No. 2332 regarding Crisis Diversion Facilities.
i
C r1 ,G()1o 1 ®Discu.r.rion Motion Resolution Ordinance BidAwrd Public Hearing Other
Aft Date 10124111 A7tg Date Il7tg Date 11tg Date 11/7/11 Mtg Date Aftg Dote 10/24/11 Ali Date
(SPONSOR Council lklayor HR DCD Finance .Fire IT P&R Police PA%
SPC>NSO1t's On May, 2, 2011, the City Council declared an emergency and adopted Ordinance No. 2332
;SI_In,1�l:�li� in order to respond to a decision by the Central Puget Sound Growth Management Hearing
Board, which invalidated Ordinance No. 2287. Since the Council adopted Ordinance No.
2332, King County Superior Court reversed the Board's decision regarding Ordinance No.
2287. As a result of the Court's decision, Ordinance 2287 remains in effect. The Council is
being asked to conduct the public hearing and repeal Ordinance No. 2332 on 11/7/11.
RI?V11?'v /l m 1W COW Mtg. CA &P Cmte F &S Cmte "Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: OCTOBER 10, 2011 COMMITTEE CHAIR: S EAL
RECOMMENDATIONS:
SP0Nsox /Ai)m1N. Department of Community Development
COM1 I]TE,r Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXIT ?Nl�l "1'URI. RI?QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Cvnr,rients: N/A
I MTG.DATEI RECORD OF COUNCIL ACTION
10/24/11
I MTG.DATEI ATTACHMENTS
10/24/11 I Informational Memorandum dated 9/30/11
Draft Ordinance
Minutes from the Community Affairs and Parks Committee meeting of 10/10/11
1
x
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Brandon J. Miles, Senior Planner
DATE: September 30, 2011
SUBJECT: An Ordinance repealing Ordinance #2332 regarding Crisis Diversion Facilities
ISSUE
Should Tukwila City Council Ordinance #2332 which expanded the areas in the City where Crisis
Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS) can locate via an
unclassified use permit (UUP) be repealed?
NOTE
This staff report supplements previous staff reports and memos that were presented to the City
Council and the Planning Commission. These staff reports and memos were provided at the
following meetings:
1. May 2, 2011 (Regular Meeting)
2. April 25, 2011 (Committee of the Whole)
3. May 17, 2010 (Regular Meeting)
4. May 3, 2010 (Regular Meeting)
5. April 12, 2010 (Committee of the Whole)
6. March 15, 2010 (Regular Meeting)
7. March 8, 2010 (Community Affairs and Parks)
8. February 25, 2010 (Planning Commission)
9. February 22, 2010 (Committee of the Whole)
Given that the Council already reviewed these documents and their related attachments, staff has
not provided them in this staff report; however they are part of the legislative record for this draft
Ordinance and staff would be more than happy to provide additional copies upon request.
BACKGROUND
On May 17, 2010, the City Council adopted Ordinance No. 2287 which provided a definition of CDF
and CDIS facilities. The Ordinance was necessary because the City's Zoning Code as it existed at
time, did not address the siting of such facilities within the City and thus did not provide predictably
to a possible applicant.
The adoption of Ordinance 2287 followed an in -depth and comprehensive review of the issues
regarding CDF and CDIS facilities. During the City's review of CDF and CDIS facilities, the
Planning Commission held one public hearing and the City Council allowed public testimony at
three public meetings. Additionally, City staff met regularly with providers who were knowledgeable
in the operations of CDF and CDIS facilities and the City engaged our regional partners. The result
was an Ordinance that balanced the needs of the CDF and CDIS facilities with the very real impacts
that such facilities could have on the host City and surrounding properties. Ordinance No. 2287
allowed CDF and CDIS facilities to be located within the Commercial /Light Industrial (C /LI) zoned
properties along West Valley Highway. The City Council's decision to limit both the CDF and CDIS
K,
INFORMATIONAL MEMO
Page 2
to West Valley Highway was largely based on the impacts such facilities would have on the City's
Police Department and the need to locate the facilities in a "remote" area as outlined by one of the
potential providers of both the CDF and CDIS.
Ordinance No. 2287 was challenged before the Central Puget Sound Growth Management Hearing
Board "Board In January of 2011, the Board invalided Ordinance No. 2287. In its decision, the
Board asserted that Ordinance No. 2287 did not comply with the provisions of the Growth
Management Act "GMA The Board remanded Ordinance No. 2287 to the City for corrective
action. The City promptly filed an appeal of the Board's decision to King County Superior Court.
On September 16, 2011 the Honorable Judge Jay White considered the City's appeal. The judge
reversed the Board's decision based upon his finding that the Board engaged in an unlawful
procedure; the Board's decision was an erroneous interpretation and /or application of law; and was
not supported by substantial evidence. Judge White also reversed the Board's finding of invalidity.
As a result, Ordinance 2287 is in effect.
While the City's appeal was pending, the City adopted Ordinance No. 2332 which was an attempt to
respond to the Board's Order of invalidity. Ordinance 2332 expanded the area of the City where
CDF and CDIS facilities could locate. Under Ordinance 2332, CDF and CDIS facilities could locate
in non residential zones south of 405, provided the facilities were at least 1/3 of a mile from a mall
as defined by TMC 18.06. The City also used the adoption of Ordinance 2332 as an opportunity to
amend the definition of CDF facilities in order to be consistent with legislation that was adopted by
the Washington State Legislature.
DISCUSSION
Ordinance No. 2332 was adopted to respond to the Order issued by the Board. Now that King
County Superior Court has overturned the Board, the City does not need to comply with the Order
of Invalidation, thus the second Ordinance (2332) is not needed.
Ordinance No. 2287 reflects a lengthy process that included significant public participation and
considerable amount of analysis and research, by the Planning Commission, City Staff, and the City
Council. In order to adopt Ordinance 2332 and to respond to the Order of the Board, the City was
forced to declare an emergency. Using emergency declarations to enact Ordinances, while
perfectly legal, does not allow the type of pubic participation and outreach envisioned by the City.
While Ordinance 2332 included a significant amount of detailed analysis, it lacks the public
participation that took place with Ordinance No. 2287. Ordinance 2332 should be repealed.
Staff recommends retaining the revised definition that was included in Ordinance No. 2332.
RECOMMENDATION
The Council is being asked to hold a public hearing on October 24, 2011 and consider this time at
the October 24, 2011 Committee of the Whole meeting and subsequent November 7, 2011 Regular
Council meeting.
The attached Ordinance would:
1. Repeal Ordinance No. 2332; and
2. Retain the definition of CDF facilities that was included in Ordinance No. 2332.
ATTACHMENTS
Draft Ordinance
WA2011 Info Memos- CouncihCrisisDivers ion Repea12332 .doc
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2332;
AMENDING ORDINANCE NO. 2287, AS CODIFIED IN TUKWILA
MUNICIPAL CODE CHAPTER 18.06, TO MODIFY THE DEFINITION
OF CRISIS DIVERSION FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on May, 17, 2010, following considerable public input and a
recommendation from the City's Planning Commission, the Tukwila City Council
adopted Ordinance No. 2287, which provided definitions of Diversion Facilities and
Diversion Interim Services Facilities and permitted such uses within portions of the
Commercial /Light Industrial zone; and
WHEREAS, Ordinance No. 2287 became effective on May 25, 2010; and
WHEREAS, on January 4, 2011, the Central Puget Sound Growth Management
Hearings Board "the Board invalidated Ordinance No. 2287 based on the Board's
belief that the ordinance did not comply with the Washington State Growth Management
Act; and
WHEREAS, the City promptly filed an appeal of the Board's decision to King
County Superior Court seeking review under the Administrative Procedures Act; and
WHEREAS, while the City's appeal of the Board's order was pending and in order
to respond to the Board's order of invalidity, the City Council adopted Ordinance No.
2332, which expanded the geographical area for Diversion and Diversion Interim
Services Facilities; and
WHEREAS, in order to meet the compliance date specified by the Board the City
was forced to declare an emergency and adopted the ordinance without the level of
public participation and outreach typically provided such issues; and
W: Word Processing \Ordinances \Diversion Facilities repeal Ord 2332 10 -4 -11
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9
WHEREAS, on Friday, September 16, 2011, the Honorable Judge Jay White
considered the City's appeal of the Board's decision and found that the Board engaged
in an unlawful procedure and the Board's decision was an erroneous interpretation
and /or application of law and was not supported by substantial evidence, and Judge
White reversed the Board's decision in its entirety, including its finding of invalidity; and
WHEREAS, as a result of the decision by King County Superior Court, Ordinance
No. 2287 remains a valid ordinance and Ordinance No. 2332 is not necessary to comply
with the Growth Management Act, and
WHEREAS, as part of the adoption of Ordinance No. 2332, the City Council was
briefed regarding changes to State law with respect to Diversion Facilities and the
Council used the adoption of Ordinance No. 2332 as an opportunity to amend and
update the definition of Diversion Facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2332, adopted by the City Council on May 2,
2011, is hereby repealed in its entirety.
Section 2. Definition Amended. Ordinance No. 2287 §1, as codified in Tukwila
Municipal Code Chapter 18.06, is amended to read as follows:
"Diversion facility" is a facility that provides community crisis services, which diverts
people from jails, hospitals or other treatment options due to mental illness or chemical
dependency, including those facilities that are considered "Triage facilities" under RCW
71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of
Washington.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
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X
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 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:
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Page 3 of 3
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x
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes
October 10, 2011 S: 00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean Quinn
Staff: Derek Speck, Peggy McCarthy, Brandon Miles, Minnie Dhaliwal, Jack Pace and Kimberly Matej
Guests: Sandra Kruize
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Crisis Diversion Facilities: Ordinance Reveal and Ammendment
Staff is seeking Council approval to repeal Ordinance No. 2332 regarding the location of Crisis Diversion
(CDF) and Crisis Diversion Interim Facilities (CDIS) within the City of Tukwila. This repeal is being
requested as a result of a decision made by the King County Superior Court on September 16, 2011, which
overturned a previous decision by the Central Puget Sound Growth Management Board (Board).
Ordinance No. 2332 expanded the location of the above facilities in response to the Board's assertion that a
previous ordinance (No. 2287) did not comply with the provisions of the Growth Management Act. Since
Superior Court has reversed the Board's decision, the City is now able to repeal Ordinance No. 2332, and
revert back to original Ordinance No. 2287.
In addition to the repeal, staff is requesting an amendment to Ordinance No. 2287, which would include a
revised definition of CDF /CDIS facilities to be consistent with State legislation. This revised definition was
included in Ordinance No. 2332. A public hearing will be scheduled on this item for the October 24 COW.
UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION AND
PUBLIC HEARING.
B. Low Densitv Residential Zone Development Standards
Staff is seeking Committee direction on how to proceed with policy standards relative to low density
residential zone development. This item originally came forward to Council in 2007 in response to concerns
regarding development of residential infill that did not appear to be compatible with existing structures.
Concerns regarding such infill were not completely addressed at the time, and staff is now seeking policy
direction from the Committee regarding such standards.
After discussion, the Committee Members determined that it is in the best interest of the community for staff
to review the calculations for building height in regards to ill and existing structures while balancing the
needs of the community without discouraging development. This item will move forward to the Planning
Commission for review and work as appropriate and return to Committee and Council with a
recommendation. The Committee suggested that other issues such as setbacks, lot sizes and variances in
regards to low density residential development be looked at during the Comprehensive Plan review process.
FORWARD TO PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION.
III. MISCELLANEOUS
Meeting adjourned at 5:33 p.m.
Next meeting: Monday, October 24, 2011 5:00 p.m. Conference Room #3
M 8 Committee Chair Approval
ies K AM.
F
10
COUNCIL AGENDA SYNOPSIS
CAS NuiwiI .R:
AGI',NDA I'I'F? \ITI'FL,}?
Ltitialr IT
Meeting Date Prepared by Mayor's review Cp* it review
10/24/11 3P ulk/ R
11/07/11 3P `t 1..�
ITEM INFORMATION
STAFF SPONSOR: JACK PACE ORIGINA],AGrNDA DAT7,: 10/24/11
Transportation Demand Management Implementation Agreement with WSDOT.
(Commute Trip Reduction Program)
CATF ;GORY Discussion Motion Resolution Ordinance .Bid Award ❑Public Hearing Other
r11tg Date 10124/11 tA/ tg Date 11/7/11 Mtg Date 1Altg Date Mig Date Mtg Date Mtg Date
SPO NSOR Council 1VCayor HR DCD ❑Finance Fire IT P &R Police PIVI
SPO NSOR'S Review and approve WSDOT Transportation Demand Management Implementation
Agreement for 2011 -2013 to provide funds for Commute Trip Reduction program
RI CV I I ,wI ]iY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/17/11 COMMITTEE CHAIR: HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADIMIN. Department of Community Development
CO3N4N I'I °FI, ;E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EX III M'N I'URP; RI AMOUNT BUDGETED APPROPRIATION REQUIRED
$none $none $none
Fund SOUrce: N/A
Colinnenis: no genera/ fund impact
MTG. DATE I
10/24/11
11/07/11
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
10/24/11 Informational Memorandum dated 10/14/11
Agreement
Minutes from the Transportation Committee dated 10/17/11
11
12
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Jack Pace, DCD Director
DATE: October 14, 2011
SUBJECT: Commute Trip Reduction Program Information
ISSUE
Commute Trip Reduction (CTR) Program activities and WSDOT funding.
BACKGROUND
Below is a summary of the current Commute Trip Reduction Program in Tukwila:
CTR Coordinator is primarily funded by WSDOT to manage CTR programs of
employers within the City of Tukwila.
23 Tukwila employers (including the City of Tukwila) provide CTR programs for
their employees. The number of affected CTR sites is updated annually by the
City based on state criteria. This compares to the City of Renton with 23 affected
employers, the City of Kent with 30 affected employers, Federal Way has 10
affected employers and the City of SeaTac has 17 affected employers.
Employers are required to complete Annual CTR Program Reports and biennial
measurement surveys for progress toward goals.
CTR Program is mandated by state and operational since 1991.
The CTR Ordinance was updated and adopted in 2008 with creation of Tukwila's
Local CTR Plan and Growth Transportation Efficiency Center (GTEC) adopted.
The City of Tukwila provides numerous services to assist CTR- affected and non
affected employers with implementation of their CTR Programs, including the following:
Technical assistance given to employers on statewide promotions such as Wheel
Options and other incentive programs such as "Bike to Work
Annual report and survey training and Employee Transportation Coordinator
training.
Personalized assistance for coordinators and employees at all employer
worksites.
Additionally, the City of Tukwila works closely with local agencies such as King County,
the cities of Seattle, Renton, Kent, SeaTac and Federal Way, the Washington State
Department of Transportation, the Puget Sound Regional Council, and others to
coordinate, implement, and promote trip reduction activities and provide policy direction.
The City also provided lead agency direction for the state Rideshareon line. com project
completed for a three city area during April -June 2011.
WAShared Copy Only1TC- UDInfo Memo CTR Update 10 -1411 gl.docx
13
INFORMATIONAL MEMO
Page 2
The City of Tukwila is an affected employer and is required to meet the requirements of
the CTR law. The current 2011 survey results demonstrate an increase in the drive
alone rate from 77% to 80 The 2013 goal is 69
The CTR Efficiency Act requires tasks for the City of Tukwila:
Local CTR Plan will be updated in 2012 for submission to Puget Sound Regional
Council for approval and will include review of Comprehensive plan additions as
outlined in Local CTR Plan. The updated plan will then be submitted to the state
for their approval.
In September, the City worked with King County Metro to negotiate a renewal of the
ORCA Business Passport program for City of Tukwila employees. Administration opted
to not renew the ORCA cards due to increased costs of the program and the required
purchase of ORCA cards for all eligible employees (330 employees). The pricing for
King County suburbs was determined by all participating agencies, Community Transit,
Pierce Transit, Sound Transit, King County Metro, Everett Transit, Kitsap Transit and
Washington State Ferries with per pass cost at $259.00. Tukwila will explore other
approaches to encourage trip reduction by city employees.
DISCUSSION
WSDOT has provided the funding source for the CTR program through an allocation
process since 1993. The GCA -6892 contract recently signed by the Mayor for 2011-
2013 is essentially a renewal of previous allocation contracts. The contract is for
$74,205.00 and will fund Maggi Lubov's position for the biennium. The contract was
signed prior to Council authorization because we were advised by WSDOT that due to
the tenuous budget situation, if the funds were not obligated that day they might be
reallocated by the state. Staff is now bringing this contract to Council for approval.
WSDOT will also award federal grant funding for an eleven -month Rideshareonline.com
project that will focus on South King County cities with Tukwila acting as the lead
agency. The $100,000.00 in funding will completely cover the costs for full time staff to
implement the project. The contract will be an amendment to the WSDOT 2011 -2013
GCA -6892 contract and will be brought to a future Committee meeting.
RECOMMENDATION
Council is being asked to approve the WSDOT funding contract for the CTR Program in
the amount of $74,205.00 and consider this item at the October 24, 2011 Committee of
the Whole meeting and subsequent November 7, 2011 Regular Meeting.
Attachment: GCA -6892 Grant for the CTR Program
14 WAShared Copy Only1TC- UC11nfo Memo CTR Update 10 -1411 gl.docx
Transportation Demand Management
Implementation Agreement
Washington State Department of Contractor
Transportation City of Tukwila
310 Maple Park Avenue SE 6300 Southcenter Blvd.
PO Box 47387 Tukwila, WA 98188
Olympia, WA 98504 -7387
Contact Person: Kathy Johnston
Project Costs:
State Funds $74,205
Contractor Funds $0
Total Project Cost $74,205
Agreement Number:
GCA6892
Term of Project:
July 1, 2011 through June 30, 2013
Contact Person: Margaret Lubov
Federal ID 91- 6001519
Scope of Project: Carry out the
Project as described in Exhibit I, Project
Scope of Work
Service Area: Tukwila
This AGREEMENT is entered into by the Washington State Department of
Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above,
hereinafter referred to as "CONTRACTOR and/or individually referred to as the
"PARTY" and collectively referred to as the "PARTIES."
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the State's leadership
role, and the requirements and parameters to reduce traffic congestion, fuel use, and air
pollution through the Commute Trip Reduction programs, including the Growth and
Transportation Efficiency Centers in Washington State; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational
improvements, the State's first priority is to assess strategies to enhance the operational
efficiency of the existing system, and states that strategies to enhance the operational
efficiencies include, but are not limited to, access management, transportation system
management, and demand management "Strategies and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per
capita vehicle miles traveled, to consider efficiency tools including commute trip
reduction and other demand management tools, and to promote the integration of
multimodal planning in support of the transportation system policy goals described in
RCW 47.04.280; and
WHEREAS, the Legislature has directed the State to increase the integration of public
transportation and the highway system, to facilitate coordination of transit services and
planning, and to maximize opportunities to use public transportation to improve the
efficiency of transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify
opportunities for cooperation to achieve statewide and local transportation goals; and
O
GCA6892
Page 1 of 14
15
WHEREAS, the State of Washington in its Sessions Laws of 2011, chapter 367, Section
220(8) and (9), authorizes funding for Public Transportation and Commute Trip
Reduction programs and other special proviso funding through the multi -modal
transportation account as identified in the budget through its 2011 -2013 biennial
appropriations to WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administering
funds on behalf of the Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual
covenants herein set forth and the attached Exhibit I, "Project Scope of Work" and
Exhibit II, "Project Progress Reports which are both incorporated and made a part of
this AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funding to the
CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of
RCW 70.94.521 through RCW 70.94.555, hereinafter known as the "Project."
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in Exhibit I, "Project Scope of Work," which by this
reference is incorporated into this AGREEMENT as if fully set forth herein.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time
defined in the caption space header above titled "Term of Project" of this AGREEMENT
regardless of the date of execution of this AGREEMENT, unless terminated as provided
herein. The caption space header above entitled' "Term of Project" and all caption space
headers above are by this reference incorporated into this AGREEMENT as if fully set
forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the
"State Funds" detailed in the caption space header above titled "Project Costs." The
CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractor
Funds" identified above in the caption space header "Project Costs," in an amount
sufficient to complete the Project as detailed in Exhibit I, "Project Scope of Work." If at
any time the CONTRACTOR becomes aware that the cost which it expects to incur in
the performance of this AGREEMENT will differ from the amount indicated in the
caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in
writing within three (3) business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual
costs and expenditures incurred while performing eligible direct and related indirect
GCA6892 Page 2 of 14
16
Project work during the Project period provided that payment is subject to the submission
to and approval by WSDOT of properly prepared invoices that substantiate the costs and
expenses submitted by CONTRACTOR for reimbursement and that are accompanied by
progress reports and financial summaries as required in Section 7 Progress Reports.
The CONTRACTOR must submit an invoice using either State of Washington Form A-
19 (Invoice Voucher), a copy of which is attached hereto as Exhibit V and by this
reference incorporated into this AGREEMENT or a format approved by WSDOT. Such
invoices may be submitted no more than once per month and no less than once per year,
during the course of this AGREEMENT. If approved by WSDOT, said invoices shall be
paid by WSDOT within thirty (30) days of receipt of the invoice.
B. The CONTRACTOR shall submit an invoice by July 15, 2012, for any unreimbursed
eligible expenditures incurred between July 1, 2011, and June 30, 2012. If the
CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall
provide an estimate of the charges to be billed so WSDOT may accrue the expenditures
in the proper fiscal period. Any subsequent reimbursement request submitted will be
limited to the amount accrued as set forth in this section. The CONTRACTOR shall
submit a final invoice to WSDOT no later than July 15, 2013. Any invoice received after
July 15, 2013 will not be eligible for reimbursement.
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set
of accounts or, accounts within the framework of an established accounting system in
order to sufficiently and properly reflect all eligible direct and related indirect Project
costs incurred in the performance of this AGREEMENT. Such accounts are referred to
herein collectively as the 'Project Account." All costs claimed against the Project
Account must be supported by properly executed payrolls, time records, invoices,
contracts, and payment vouchers evidencing in sufficient detail the nature and propriety
of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT
may adequately and accurately assess the progress made under the terms of this
AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the
forms provided in Exhibit II, "Project Progress Report" and/or as provided and modified
by WSDOT staff. The CONTRACTOR shall provide a final progress report, as
prescribed in Exhibit III, "Final Project Progress Report" and/or as provided and
modified by WSDOT staff. Progress reports shall be submitted to WSDOT no later than
forty -five (45) days from the end of each calendar quarter.
Section 8
Audits, inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and
the right to examine, during normal business hours and as often as they deem necessary,
all of the CONTRACTOR's records with respect to all matters covered by this
AGREEMENT. Such representatives shall be permitted to audit, examine and make
excerpts or transcripts from such records, and to make audits of all contracts, invoices,
GCA6892 Page 3 of 14
I
materials, payrolls, and other matters covered by this AGREEMENT. In order to
facilitate any audits and inspections, the CONTRACTOR shall retain all documents,
papers, accounting records, and other materials pertaining to this AGREEMENT for six
(6) years from the date of completion of the Project or the Project final payment date.
However, in case of audit or litigation extending past that six (6) years period, then the
CONTRACTOR must retain all records until the audit or litigation is completed. The
CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of CONTRACTOR comply with the provisions of this section and
provide, WSDOT, the State Auditor, and any of their representatives, access to such
records within the scope of this AGREEMENT.
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in
the Scope of Project. Such changes that are mutually agreed upon shall be incorporated
as written amendments to this AGREEMENT. No variation or alteration of the terms of
this AGREEMENT shall be valid unless made in writing and signed by authorized
representatives of the PARTIES hereto.
B. If an increase in funding by the funding source augments the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT, providing for an appropriate change in
the Scope of Project and/or the Project Cost in order to reflect any such increase in
funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT providing for an appropriate change in
the Scope of Project and/or the Project Cost in order to reflect any such reduction of
funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state
law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture
State Funds in an amount equivalent to the extent of noncompliance. Such right of
recapture shall exist for a period not to exceed three (3) years following termination or
expiration of this AGREEMENT. The CONTRACTOR agrees to repay such State Funds
under this recapture provision within thirty (30) days of demand.
Section 11
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the
performance of this AGREEMENT the CONTRACTOR may submit a written detailed
description of the dispute to the Public Transportation Division's Statewide
Transportation Demand Management Programs Manager or the Statewide
Transportation Demand Management Programs Manager's designee who will issue a
written decision within ten calendar (10) days of receipt of the written description of the
dispute. This decision shall be final and conclusive unless within ten (10) days from the
date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR
GCA6892 Page 4 of 14
I:
mails or otherwise furnishes a written appeal to the Director of the Public Transportation
Division or the Director's designee. In connection with any such appeal the
CONTRACTOR shall be afforded an opportunity to offer material in support of its
position. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days
of receipt of the appeal by the Director of the Public Transportation Division or the
Director's designee. The decision shall be binding upon the CONTRACTOR and the
CONTRACTOR shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the
CONTRACTOR shall continue performance under this AGREEMENT while matters in
dispute are being resolved.
Section 12
Termination
WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole,
or in part, for the reasons following:
A. The CONTRACTOR materially breaches, or fails to perform any of the requirements
of this AGREEMENT and after fourteen (14) days written notice, has failed to cure the
condition(s) causing that breach. Conditions of breach may include, but are not limited
to:
1. Any action taken by the CONTRACTOR without WSDOT approval, which under
the provisions of this AGREEMENT, required WSDOT approval;
2. Failure to perform in the manner called for under this AGREEMENT; or
3. Failure to comply with any provision of this AGREEMENT;
B. The CONTRACTOR is prevented from proceeding with this AGREEMENT by
reason of a temporary, preliminary, special, or permanent restraining order or injunction
of a court of competent jurisdiction where the issuance of such order or injunction is
primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR;
C. The requisite State funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
D. WSDOT determines that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds;
E. WSDOT, at its sole discretion, determines to accept a request made in writing by the
CONTRACTOR to terminate this AGREEMENT in whole or in part; or
F. WSDOT determines that suspension or termination is in the best interests of the State.
If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this
Section, the CONTRACTOR may be reimbursed only for actual, eligible direct and
related indirect expenses incurred prior to the date of termination, and then only to the
extent of awarded funds. If this AGREEMENT is terminated under subsection A of this
Section, the WSDOT shall not be obligated to provide any additional reimbursement, and
WSDOT shall retain all rights to seek recapture or damages from the CONTRACTOR.
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
right or remedy.
GCA6892
Page 5 of 14
IM
Section 14
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute
or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and
shall in no way impair or prejudice any right or remedy available to WSDOT with respect
to any breach or default. In no event shall acceptance of any WSDOT payment of grant
funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR
of any WSDOT breach, or default which shall in no way impair or prejudice any right or
remedy available to CONTRACTOR with respect to any breach or default.
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of
the work as it is defined in this AGREEMENT and any amendments thereto. Although
the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice
shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT
and WSDOT shall not be held liable for any advice offered to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents,
employees, and officers and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter
referred to collectively as "claims of whatsoever kind or nature brought against
WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the
CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT.
This indemnity provision applies to all claims against WSDOT, its agents, employees and
officers arising out of, in connection with or incident to the negligent acts or omissions of
the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing
herein shall require the CONTRACTOR to indemnify and hold harmless or defend the
WSDOT, its agents, employees or officers to the extent that claims are caused by the
negligent acts or omissions of the WSDOT, its agents, employees or officers. The
indemnification and hold harmless provision shall survive termination of this
AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and
the employees of the CONTRACTOR or its subcontractors and the employees thereof,
shall not in any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity
under the State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or
other legal expenses to enforce the provisions of this section of this AGREEMENT
against the other PARTY, all such fees, costs and expenses shall be recoverable by the
prevailing PARTY.
GCA6892 Page 6 of 14
20
Section 17
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity
and performance thereof shall be governed by the laws of the State of Washington. In the
event that either PARTY deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that
any such action shall be initiated in the Superior Court of the State of Washington
situated in Thurston County. The CONTRACTOR hereby accepts service of process by
registered mail consistent with RCW 4.28.080(1) or (2) as applicable
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State and Federal laws and
regulations, including, but not limited to, those concerning employment, equal
opportunity employment, nondiscrimination assurances Project record keeping necessary
to evidence AGREEMENT compliance, and retention of all such records. The
CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60
RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act
(ADA), Public Law 101 -336, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment public accommodations, state
and local government services and telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such
adjudication shall not affect the validity or obligation of performance of any other
covenant or provision, or part thereof, that in itself is valid if such remainder conforms to
the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any
other covenant or provision except as herein allowed.
Section 20
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be
deemed to be an original having identical legal effect. The CONTRACTOR does hereby
ratify and adopt all statements, representations, warranties, covenants, and agreements
and their supporting materials contained and/or mentioned in such executed counterpart,
and does hereby accept State Funds and agrees to all of the terms and conditions thereof.
Section 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division,
State of Washington, Department of Transportation, or the Director's designee, not as an
individual incurring personal obligation and liability, but solely by, for, and on behalf of
the State of Washington, Department of Transportation, in his/her capacity as Director of
the Public Transportation Division.
GCA6892 Page 7 of 14
21
Section 22
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT
and bind their respective agency(ies) and/or entitity(ies) to the obligations set forth
herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the
day and year last signed below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Br ian Lagert� gtf Director, Pub``�ic Transportation
CONTRACTOR
By: QVf
Pr eq in
Title: kl� 6Y
Who cefifies proper authority
to execute this AGREEMENT
on behalf of the
CONTRACTOR
Date: j
Approved as to form only:
By: Susan Cruise
Assistant Attorney General
Date: July 15, 2011
GCA6892
Date: 90//
Page 8 of 14
22
EXHIBIT I
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the
end of the first quarter of this agreement or when the CONTRACTOR submits its
first invoice, whichever is sooner.
1. The work plan shall identify the deliverables, schedule, expected
outcomes, performance measures and the budget specific to strategies
associated with this AGREEMENT and other strategies as defined in
approved and locally adopted CTR or GTEC plans. These may include,
but are not limited to, recruiting new employer worksites, reviewing
employer programs, administering surveys, reviewing program exemption
requests, providing employer training, providing incentives, performing
promotion and marketing, and providing emergency ride home and other
commuter services.
2. The administrative work plan budget shall identify how the
CONTRACTOR will use the state funds provided in this AGREEMENT
for each task. The work plan shall also provide an estimate of the other
financial resources not provided in this AGREEMENT will be used to
complete each task.
3. The administrative work plan must be approved in writing by the WSDOT
Project Manager and signed by the CONTRACTOR, and shall be
incorporated as a written amendment to the AGREEMENT. The work
plan may be amended based on mutual written agreement between the
WSDOT Project Manager and the CONTRACTOR.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip
Reduction (CTR) ordinance in compliance with RCW 70.94.521 -.555. The
CONTRACTOR agrees to implement a CTR program based on the approved
administrative work plan and the draft or adopted local CTR plan and to comply with
all provisions of the applicable county or city ordinance.
C. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT complete quarterly progress
reports, as specified by WSDOT in Section 7 Progress Reports of the
AGREEMENT, in Exhibit II, "Project Progress Report", and as integrated with the
deliverables indentified in the administrative work plan, along with all invoices in
accordance with Section 5 Reimbursement and Payment of the AGREEMENT. All
invoices shall be complete and accurately reflect actual State funded expenditures.
GCA6892
Page 9 of 14
NKI
Only those activities identified in the CONTRACTOR'S approved administrative
work plan will be reimbursed by WSDOT.
D. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final progress report as shown in
Exhibit III, "Final Project Progress Report", to replace the last quarterly progress
report in the period of the AGREEMENT. The final progress report shall provide an
estimate of the other financial resources not provided in this AGREEMENT that were
used to complete each task and shall provide a list of the funds provided in this
AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting
partner(s).
E. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties,
cities, transit agencies, Transportation Management Associations, and Metropolitan
Planning Organizations or other eligible organizations authorized to enter into
agreements for the purposes of implementing CTR/GTEC plans and ordinances as
authorized by RCW 70.94.527(5) and RCW 70.94.544.
F. Implementation Plans
The CONT RACTOR shall incorporate appropriate sections of the Project Scope of
Work and Incentives Guidance, as well as the approved Work Plan, in all agreements
with eligible contracting partner(s), as necessary, to coordinate the development,
implementation, and administration of the CTR/GTEC plans, and compliance with
applicable ordinances.
G. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with this
AGREEMENT and applicable ordinances, and procedures contained in the Commute
Trip Reduction Guidelines which may be obtained from WSDOT or found at
http: /www.wsdot.wa.gov /tdm/.
H. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its
CTR/GTEC plan and programs with the applicable regional transportation planning
organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any
substantial changes to its plans and programs that could impact the success of the
regional CTR plan. The CONTRACTOR agrees to provide information about the
progress of its CTR/GTEC plan and programs to the RTPO upon request.
I. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners
for commute trip reduction employer surveys.
J. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established
for newly affected worksites when they are established by the local jurisdiction. The
CONTRACTOR agrees to provide WSDOT with updated program goals for affected
GCA6892 Page 10 of 14
24
worksites and jurisdictions as requested. These updates shall be submitted
electronically in a format specified by WSDOT.
K. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's
contracting partners with updated lists of affected or participating worksites,
employee transportation coordinators, and jurisdiction contacts, as requested. These
updates will be submitted in a format specified by WSDOT.
GCA6892
Page 11 of 14
25
EXHIBIT II
Project Progress Report
Commute Trip Reduction (CTR) Quarterly Project Report
Reporting quarter: I I Date:
organization: I Agreement number: GCA
Biennial Estimate of drive -alone trips to reduce to meet goal:
targets
Key
deliverables:
(from work plan)
Completed activities this quarter
Planned activities for next quarter
s
Describe issues, risks or challenges and resolutions
Estimated expenditures of state funds for this quarter
e
GCA6892 Page 12 of 14
26
EXHIBIT III
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium: 1 2011 -2013 Date:
Organization: I I Agreement number: I GCR
Biennial Estimate of drive -alone trips to reduce to meet goal:
targets
Deliverables:
(from work plan)
Describe your progress on each of your deliverables this biennium.
Did you meet your targets for this biennium? Why or why not?
What were your major successes this biennium? How did they help you make
progress toward the goals in your jurisdiction's CTR plan(s)?
I
What were your major challenges this biennium? How did they hinder your
progress toward the goals in your jurisdiction's CTR plan(s)?
I
How do you measure the performance of your strategies?
What did you learn this biennium?
s
What would help you be more successful in the future? Please be specific (If it's
more resources, how much and what would they be for, etc.).
For each of the strategies in your administrative work plan, describe your
expected outcomes, whether you met those outcomes, and why or why not.
Strategy Expected Performance Outcomes Why or why not?
outcomes measures met?
I I
If your organization used other financial resources besides state CTR funds to
implement the activities in your administrative work plan for this agreement,
please provide the information below.
Source of local funds Total spent this How the funds were
agreement used
GCA6892
Page 13 of 14
27
i
i
i
Total local funds:
If your organization disbursed any state CTR funds to other organizations to
implement the activities in your administrative work plan for this agreement,
please list the total amount disbursed for the biennium below.
Organization Total disbursed this Purpose of disbursal
agreement
Total disbursement:
GCA6892 Page 14 of 14
W
TRANSPORTATION COMMITTEE Meeting Minutes
October 17, 2011 S: 00 p. m. Conference Room I
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffle and Verna Seal
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Jack Pace, Maggi Lubov, Gail Labanara and
Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Commute Trin Reduction Prop-ram
Staff is seeking Council approval of a Washington State Department of Transportation funding contract in
the amount of $74,205, for the City's Commute -Trip Reduction (CTR) Program. Specifically, this contract
primarily funds the City's CTR Coordinator for the biennium. This includes but is not limited to:
administrative work, progress reports, implementation plans and coordination with regional transportation
planning organizations.
Due to an immediate and unforeseen need for the Washington State Department of Transportation to
_Y�7 obligate these funds in a short time frame, Mayor Haggerton signed the aforementioned contract on
September 27, 2011. The City Council still has the ability to act in a different manner should they choose
not to accept the contract funding. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW
FOR DISCUSSION.
B. Ordinance: Comorate Boundary Revision
Staff is seeking Council approval to incorporate, via ordinance, a small island of land located between the
cities of Tukwila and SeaTac which is currently unincorporated King County.
This request was initiated by King County in an attempt to create logical jurisdictional boundaries. In this
particular situation, the west half of the 53` Avenue South right -of -way is currently the responsibility of
King County (unincorporated). After discussions between King County and the cities of SeaTac and
Tukwila, is appears that full control of 53` Avenue South would be best served in the full jurisdiction of
Tukwila.
This boundary revision is within corporate limits, and is not required to go through the boundary review
process. This right -of -way exchange can take place through appropriate ordinances in Tukwila and King
County. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
III. SCATBd
The Committee reviewed and briefly discussed the September 20 SCATBd meeting summary and the October
18 meeting agenda. In response to an inquiry made by Committee Chair Hernandez, staff stated the City has no
conflicting projects that would interfere with the Light Rail TIGER III Grant Application. INFORMATION
ONLY.
c
30
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by A,, 1
10/24/11 BG
11/07/11 BG .f
Initials
Mayor's review
DC-S
Council review
UMIJ
ITEM NO.
4.C.
ITEM INFORMATION
CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/24/11
AGENDA ITEM TITLE Ordinance to Revise City of Tukwila's Corporate Boundary
at 53 Avenue South from South 170 Street to South 172 Lane
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mt Date 10/24/11 Mtg Date Mtg Date Mtg Date 11/07/11 Mtg Date Mtg Date Mt
g Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S King County is working to incorporate small islands of unincorporated areas that are
SUMMARY adjoining incorporated cities. Between Tukwila and SeaTac, there is a small unincorporated
area on the westerly half of the 53 Ave S right -of way between S 170 and S 172" Ln.
King County, SeaTac, and Tukwila agreed that the entire street would be better served by
Tukwila. Council is being asked to approve the Ordinance revising the City of Tukwila's
corporate boundary and incorporate all of 53 Ave S into Tukwila.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/17/11 CONMTTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Forward to Committee of the Whole.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED
$0.00
Fund Source:
Comments:
I MTG. DATE
10/24/11
11/07/11
AMOUNT BUDGETED
$0.00
APPROPRIATION REQUIRED
$0.00
RECORD OF COUNCIL ACTION
MTG. DATE 1 ATTACHMENTS
10/24/11 I Informational Memorandum dated 10/14/11
Draft Ordinance with Exhibits A and B
Minutes from the Transportation Committee meeting of 10117/11
11/07/11
31
32
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: October 14, 2011
SUBJECT: 53 Avenue South S 170 St to S 172 Lane
Corporate Boundary Revision
ISSUE
Incorporate a small island of unincorporated King County located between the cities of
Tukwila and SeaTac.
BACKGROUND
The City of Tukwila's boundary line is along the centerline of 53 Ave S between S
170 St and S 172 Lane and was established by Ordinance No. 247 in 1957. When
the City of SeaTac was incorporated in 1990, state law had changed and did not allow
annexation to the centerline of a roadway (which was previously common practice).
Therefore, the City of SeaTac's boundary was established at the west right -of -way limit
of 53 Ave S. This left the remaining westerly half of the 53 Ave S right -of -way within
unincorporated King County.
King County and the cities of Tukwila and SeaTac agree that the entire street right -of-
way would be better served to reside within the jurisdiction of one agency.
ANALYSIS
King County has similar situations throughout the county and finds it difficult to provide
maintenance and permitting for these isolated locations of unincorporated land.
Maintenance and permitting for the neighboring jurisdictions is also more difficult due to
necessary coordination with King County. King County has been working with
neighboring jurisdictions to adjust corporate limits to eliminate these unincorporated
islands and to create more logical jurisdictional boundaries. King County has had
discussions with both SeaTac and Tukwila and all agree that the best resolution in this
case is to transfer ownership of the 53 Ave S half street right -of -way to Tukwila.
RECOMMENDATION
The Council is being asked to approve the ordinance adjusting Tukwila's corporate
boundary and consider this item at the October 24, 2011 Committee of the Whole
meeting and subsequent November 7, 2011 Regular Meeting.
attachment: Ordinance
Revised Corporate Boundary Map
W:\PWEng\OTHER\RobinTischmak\fnfo Memo 53rd Ave Boundary Adj 10- 14- 11.doc
33
34
NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REVISING THE CITY LIMITS TO
INCLUDE A HALF STREET RIGHT -OF -WAY FOR 53 AVENUE
SOUTH THAT CURRENTLY RESIDES IN UNINCORPORATED
KING COUNTY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila's corporate boundary currently extends along the
centerline of the right -of -way of 53 Avenue South between South 170 Street and
South 172 Lane; and
WHEREAS, the City of Tukwila's corporate boundary currently includes the easterly
half of the right -of -way for 53` Avenue South between South 170 Street and South 172
Lane within Tukwila's current city limits; and
WHEREAS, the westerly half of the right -of -way for 53` Avenue South between
South 170 Street and South 172 Lane currently resides within unincorporated King
County; and
WHEREAS, it is in the City of Tukwila's, King County's, and the adjacent property
owners' best interest to have this right -of -way exist wholly within the boundary of one
jurisdiction for the administration of construction projects, maintenance, and permitting;
and
WHEREAS, RCW 35.21.790 allows a revision of corporate boundaries within a
public street, road, or highway by substitution of a right -of -way line so as to fully include
the right -of -way within one particular jurisdiction; and
WHEREAS, a revision of corporate boundaries to include all of 53` Avenue South
between South 170 Street and South 172 Lane within the City of Tukwila is the
preferred solution to unify the right -of -way for 53 Avenue South within one jurisdiction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. Revision of Corporate Boundaries. Upon approval of a similar
ordinance or resolution by the Metropolitan King County Council, the corporate
boundaries of the City of Tukwila are and shall be revised to include all of the right -of-
way for 53 Avenue South in King County, Washington, between South 170 Street
and South 172 Lane, along with that portion of 53 Avenue South at the intersection
with South 170 Street, and excluding that portion of 53 Avenue South that resides
within the right -of -way owned by the Washington State Department of Transportation.
The revised right -of -way, all of which is now included within the corporate boundaries of
the City of Tukwila, is legally described on the attached Exhibit "A" and depicted on the
map attached hereto as Exhibit "B both of which exhibits are incorporated herein by
this reference as if set forth in full.
Section 2. 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 3. 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 4. 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:
Attachments: Attachment A, Legal Description
Attachment B, Revised Corporate Boundary (map)
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EXHIBIT "A"
Legal Description:
That portion of the Southwest quarter of Section 26, Township 23 North, Range 4 E.
Willamette Meridian; lying Westerly of the City of Tukwila corporate limits as
established by the City of Tukwila Ordinance 247, also being the centerline of 53
Avenue South; Easterly of the City of SeaTac corporate limits as established by the City
of SeaTac Ordinance 8820, also being the westerly right -of -way margin of 53 Avenue
South; Northerly of the City of Tukwila corporate limits as established by the City of
Tukwila Ordinance 314; Southerly of the City of Tukwila corporate limits as established
by the City of Tukwila Ordinance 1205.
37
w
Revised Corporate Boundary
.m
Existing Boundary Conditions
42
Citv of Tukwila
Transportation Committee
TRANSPORTATION COMMITTEE Meeting Minutes
October 17, 2011— 5: 00 p.m. Conference Room I
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Jack Pace, Maggi Lubov, Gail Labanara and
Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Commute Trin Reduction Program
Staff is seeking Council approval of a Washington State Department of Transportation funding contract in
the amount of $74,205, for the City's Commute -Trip Reduction (CTR) Program. Specifically, this contract
primarily funds the City's CTR Coordinator for the biennium. This includes but is not limited to:
administrative work, progress reports, implementation plans and coordination with regional transportation
planning organizations.
Due to an immediate and unforeseen need for the Washington State Department of Transportation to
obligate these funds in a short time frame, Mayor Haggerton signed the aforementioned contract on
September 27, 2011. The City Council still has the ability to act in a different manner should they choose
not to accept the contract funding. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW
FOR DISCUSSION.
B. Ordinance: Comorate Boundary Revision
Staff is seeking Council approval to incorporate, via ordinance, a small island of land located between the
cities of Tukwila and SeaTac which is currently unincorporated King County.
This request was initiated by King County in an attempt to create logical jurisdictional boundaries. In this
particular situation, the west half of the 53` Avenue South right -of -way is currently the responsibility of
King County (unincorporated). After discussions between King County and the cities of SeaTac and
Tukwila, is appears that full control of 53` Avenue South would be best served in the full jurisdiction of
Tukwila.
This boundary revision is within corporate limits, and is not required to go through the boundary review
process. This right -of -way exchange can take place through appropriate ordinances in Tukwila and King
County. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
III. SCATBd
The Committee reviewed and briefly discussed the September 20 SCATBd meeting summary and the October
18 meeting agenda. In response to an inquiry made by Committee Chair Hernandez, staff stated the City has no
conflicting projects that would interfere with the Light Rail TIGER III Grant Application. INFORMATION
ONLY.
43
M A
COUNCIL AGENDA SYNOPSIS
Initials ITEM No.
Meetinq Date Prepared by Mayor's review Council review
10/24/11 JFS ou;
11/07/11 JFS 4.D.
ITEM INFORMATION
1 CASNumiii--,.R: I STAFF SPONSOR: JENNIFER F SANTA INES ORIGINAL,AGI?.NDA DA1'f;: 10/24/11
AGI"NDA I'rl?A4Trrl;r: A housekeeping ordinance to update TMC Chapter 5 to reflect the Finance
Department as the issuing office for business licenses, operational changes, and
repeal TMC Chapter 5.32, "Trailer Parks
CxI'IiGOItY ®Discussion El Motion ❑Resolution ®Ordinance ❑Bid Award Public Hearing Other
lftg Date 10/24/11 i1Qlg Date 112tg Date Il7tg Date 11/7/11 Mtg Date Mtg Date iA tg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P6-R Police PIV
SPONSOR'S The "Business Licenses and Regulations" section of the Tukwila Municipal Code (TMC) was
last updated in May 2011. Since then operational changes require an update to the
regulations. TMC Chapter 5.32 was written in 1959 and is not enforced by the City.
RI ?VII?,wl?I) RY cow Mtg. CA &P Cmte F &S Cmte "Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/18/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
C0',\4mrt "TF.1? Unanimous Approval; Forward Committee of the Whole
EXPENDITURE: RIQUIRED
$0
Fund Source:
C01771nents:
MTG. DATE
10/24/11 1
MTG. DATE
10/24/11 1
11/7/11
COST IMPACT/ FUND SOURCE
AMOUNT BUDGETED
APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 10/12/11
Draft Ordinance
Minutes from the Finance and Safety Committee Meeting of 10/18/11
29
W
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Jennifer Ferrer -Santa Ines, Senior Fiscal Coordinator
DATE: October 12, 2011
SUBJECT: Update language to reflect Finance assuming Business Licensing
from the City Clerk office and repeal Tukwila Municipal Code (TMC)
Chapter 5.32
ISSUE
The "Business Licenses and Regulations" section of the TMC was last updated in May
2011 by Ordinance No. 2333. Numerous sections of Title 5 of the TMC still contain
language referencing the City Clerk's office as the issuing department for business
licenses.
TMC Chapter 5.32, "Trailer Parks," regulations were written in 1959 and are now
outdated.
BACKGROUND
On November 15, 2010, Council adopted proposed language for the issuing department
from the City Clerk's office to the Finance Department. This change, however, was only
reflected in Title 5, Chapter 5.04. The Finance Department has assumed all business
license responsibilities from the City Clerk's office and as such should be reflected in
TMC Title 5.
Trailer Park establishments were annexed into Tukwila and regulated under King
County. Chapter 5.32 of the Code was never applied or enforced and is no longer
needed.
DISCUSSION
Since the Finance Department has become the issuing office of Business Licenses, the
Code language needs to be updated to reflect this change in its entirety. Currently the
Code only reflects this change in Title 5, Chapter 5.04. The remaining sections of Title
5 need to be updated to reflect this change.
Trailer Parks are treated like any other organization operating in the City with the
requirement to obtain a valid business license and pay the applicable Revenue
Generating Regulatory License (RGRL) fee.
47
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to approve the attached Ordinance, approve the language
updates and operational changes for the issuing department and approve the repeal of
TMC 5.32.
The Council is being asked to consider this issue at the October 24, 2011 Committee of
the Whole Meeting and the November 7, 2011 Regular Meeting.
ATTACHMENT
Draft Ordinance
EN
AU
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 5,
"BUSINESS LICENSES AND REGULATIONS," TO UPDATE THE
ISSUING DEPARTMENT; REPEALING VARIOUS ORDINANCES
AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.32,
"TRAILER PARKS;" PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the current "Business Licenses and Regulations" section of the
Tukwila Municipal Code (TMC) was last updated in May 2011 by Ordinance No. 2333,
and operational changes require an update to the regulations, and
WHEREAS, the Finance Department has become the issuing office for business
licenses within the City and housekeeping amendments are required to reflect this
change in City operations; and
WHEREAS, the City's regulations relating to trailer parks as codified at TMC
Chapter 5.32, "Trailer Parks," were written in 1959 and are outdated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.08.030, "Cabaret license required Fee," Amended.
Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.030, is hereby amended
to read as follows:
It is unlawful to conduct, open up, manage or operate or maintain any cabaret as
defined in TMC Section 5.08.010 within the City without a valid license to do so to be
known as the "cabaret license." The annual license fee therefor shall be $300.00. The
liG se foe for a period of 1 than a yeaF shall be the rate ef $75.00 fer eaGh quarterly
period. Each such license shall be non assignable and nontransferable, and the fee
paid shall be nonrefundable.
Section 2. TMC Section 5.08.040, "Manager's licenses and entertainer's
licenses Fees Terms Assignments Renewals," subparagraph F, Amended.
Ordinance Nos. 1648 §1 and 1586 §2 (part), as codified at TMC Section 5.08.040,
subparagraph F, are hereby amended to read as follows:
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F. In order to obtain renewal of a current manager's license or entertainer's
license for the next year, a license holder must file an application for renewal with the
Cl erk Finance Director prior to expiration of the current license. The renewal fee for
each year is $75.00.
Section 3. TMC Section 5.08.050, "License application procedure," Amended.
Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.050, is hereby amended
to read as follows:
A. Cabaret License An applicant for a cabaret license shall make application
therefor on the application forms provided by the City —Clerk Finance Director. Each
such application form shall require the following information:
1. The name, home address, home telephone number, date and place of
birth, and social security number of the applicant, if the applicant is an individual;
2. The names, home addresses, home telephone numbers, dates and places
of birth, and social security numbers of the officers and directors of the applicant, if the
applicant is a partnership. If the applicant is any other type of business entity, then the
applicant shall provide the same information requested in this subsection for all
managers or other persons who control the business decisions of that entity,
3. The name, address, and telephone number of the cabaret, and the names
of all on -site managers of the cabaret; and
4. The name, address and telephone number of the owner of the property on
which the cabaret is located.
Each application must be completed in full and signed by the applicant in affidavit or
declaration form wherein the applicant certifies under penalty of perjury that the
applicant has personal knowledge of all matters asserted in said application and that
the statements contained therein are true and complete.
B. Manager's or Entertainer's License Any application for a manager's license or
entertainer's license or renewal thereof shall be signed by the applicant and notarized
or certified to be true under penalty of perjury. Each such application shall be
submitted on a form supplied by the Clerk Finance Director. The form shall require
statement of the applicant's name, home address, home telephone number, date and
place of birth, social security number, and the name, address and phone number of the
cabaret or cabarets at which the applicant will work, and any stage names or
nicknames used in entertaining. The form shall also require the applicant to disclose all
prior criminal convictions, including the crime(s) convicted of, place, and the
approximate date of each such conviction. At the time of application, the applicant shall
present suitable identification providing proof that the applicant is at least 18 years of
age, which may include (1) a motor vehicle operator's license, issued by any state,
bearing the applicant's photograph and date of birth; or (2) any state issued
identification card bearing the applicant's photograph and date of birth. At the same
time, the Clerk Tukwila Police Department shall photograph each applicant for the
GteFk's- Finance Director's records.
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C. Duty to Supplement Application In the event that any information on any
application for a license under this chapter becomes outdated or otherwise inaccurate,
an applicant or license holder promptly shall notify the irk Finance Director in writing
and provide current information.
D. All Completed Applications A completed application shall be submitted to the
City Clerk Finance Director. An application shall not be considered to be completed
unless accompanied by a receipt or other notation from the City showing payment of
the required license fee. The C Clerk Finance Director shall refer a completed
application to the following City department heads for investigation and report as
follows:
1. The Chief of Police shall provide a criminal history record of the applicant;
2. The Director of the Department of Community Development shall provide a
report stating whether or not the application or premises of the business reflect any
actual or potential violations of the City zoning code; and
3. The Building Official shall provide a report indicating whether or not said
premises are in compliance with all applicable health, safety and building statutes and
regulations.
Section 4. TMC Section 5.08.060, "Grounds for denial of application,"
subparagraph 3, Amended. Ordinance No. 1586 §2 (part), as codified at TMC
Section 5.08.060, subparagraph 3, is hereby amended to read as follows:
3. The license was procured by fraud or any false statement or
misrepresentation of fact in the application or in any report or record filed with the Clerk
Finance Director. In all events, the C lerk Finance Director shall issue the license, or
his /her reasons(s) for non issuance as soon as possible, but in no event more than 30
days after receipt of a completed application.
Section 5. TMC Section 5.08.070, "Revocation or suspension of licenses,"
Amended. Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.070, is
hereby amended to read as follows:
A. The City Clerk Finance Director may revoke any license under this chapter, or
may suspend any such license for a period of time not to exceed one year, where one
or more of the following conditions exist:
1. The license was procured by fraud or by any false statement or
misrepresentation of fact in the application or in any report or record required to be filed
with the GlerkI Finance Director
2. The building, structure, equipment, operation or location of the business for
which the license was issued does not comply with the requirements or standards of
this code; or
3. The license holder, his or her employee, agent, partner, director, officer or
manager has violated or permitted violation of any of the provisions of this chapter.
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B. Upon determination that grounds for revocation or suspension of a license
exist, the GI•eFk Finance Director shall send by first class mail, postage prepaid, to the
license holder a notice of revocation or suspension. The notice shall set forth the
grounds for revocation or suspension.
Section 6. TMC Section 5.08.080, "Appeals and hearing," Amended.
Ordinance Nos. 1796 §3 (part) and 1586 §2 (part), as codified at TMC Section
5.08.080, are hereby amended to read as follows:
A. Any person aggrieved by the action of the Clerk Finance Director in refusing to
issue or renew any license under this chapter or in suspending or revoking any license
under this chapter shall have the right to appeal such action to the City Hearing
Examiner, or to such other hearing body as may hereafter be established by the City
Council for the hearing of such appeals, by filing a notice of appeal with the City Clerk
within ten days of receiving notice of the action from which appeal is taken.
B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for
a hearing of such appeal within 20 days from the date of such receipt, except as
specified in TMC Section 5.08.080.C. The hearing shall be de novo. The hearing body
shall hear testimony, take evidence and may hear oral argument and receive written
briefs. The filing of such appeal shall stay the action of the Clerk, Finance Director
pending the decision of the hearing body.
C. The decision of the hearing body on an appeal from a decision of the C-ler-k
Finance Director shall be based upon a preponderance of the evidence. The burden of
proof shall be on the appellant.
D. The decision of the hearing body shall be final unless appealed to the superior
court within 20 days of the date the decision is entered.
Section 7. TMC Section 5.10.020, "Definitions," subparagraph 3, Amended.
Ordinance Nos. 1911 §1 and 1778 §2 (part), as codified at TMC Section 5.10.020,
subparagraph 3, are hereby amended to read as follows:
3. "Gle Finance Director" means the City -CteFk Finance Director or his /her
designee who is designated by the Mayor as licensing official under this chapter.
Section 8. TMC Section 5.10.030, "Adult cabaret licenses, fees, terms,
assignments and renewals," Amended. Ordinance No. 1778 §2 (part), as codified at
TMC Section 5.10.030, is hereby amended to read as follows:
A. No adult cabaret shall be operated or maintained in the City unless the owner
or lessee thereof has a current adult cabaret license under this chapter. It is unlawful
for any operator, manager, entertainer or employee to knowingly work in or about, or to
knowingly perform any service directly related to the operation of an adult cabaret,
when such adult cabaret does not have a current adult cabaret license.
B. The license year for an adult cabaret license shall be from January 1 to
December 31 of each year. Each such license shall expire at close of business or
midnight, whichever is earlier, on December 31 of such year.
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C. The license fee for an adult cabaret license is $300.00. The liGense-fee-fGr-a
peri of css tr GRe year shall be the Fate of $75.00 foF all er part of eaGh quarterly
period of operation.
D. An adult cabaret license under this chapter shall not be assigned or
transferred. Any fee paid is nonrefundable.
E. In order to obtain renewal of a current adult cabaret license for the next year, a
license holder must file an application for renewal with the Glerk Finance Department.
The renewal fee for each year is $300.00.
Section 9. TMC Section 5.10.050, "License applications," Amended.
Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.050, is hereby amended
to read as follows:
A. Adult Cabaret License. Any application for an adult cabaret license or
renewal thereof shall be submitted in the true name of the operator of the adult cabaret
to which the application pertains. The true operator or his /her agent, under penalty of
perjury, shall sign and notarize or certify that all of the operators as defined in this
chapter are listed and all of the information provided is true and correct. Any change in
ownership in the adult cabaret must be reported to the Clerk- Finance Director within 20
days of such change(s). Each such application shall be submitted on a form supplied
by the Clerk Finance Director. The form shall require the following information:
1. If the applicant is an individual or partnership, the names, home
addresses, home telephone numbers, dates and places of birth, and social security
numbers of all operator(s). If the applicant is a partnership, all such information must
be provided for all general partners;
2. If the applicant is a corporation, the names, addresses, telephone
numbers, and social security numbers of all operators and of all corporate officers and
directors. The same information shall be required from each parent company or
affiliate;
3. The name, address, and telephone number of the adult cabaret;
4. The name, address and telephone number of the owner of the property on
which the adult cabaret is located;
5. The names, addresses, and telephone numbers of all employees of the
adult cabaret;
6. A statement detailing whether the applicant or any operator, partner,
corporate officer, director, or shareholder of 50% or more of any class of an operator's
stock, holds any other licenses under this chapter or any similar cabaret, adult cabaret
entertainment or sexually- oriented business ordinance, including motion picture
theaters and panorams from the City or another city, county, or state, and if so, the
names and addresses of each other licensed business and the jurisdiction(s) in which
such businesses are located; and
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7. A description of the adult cabaret or sexually- oriented adult cabaret
entertainment business history of the applicant; whether such person or entity, in
previously operating in this or another city, county or state, has had a business license
or adult cabaret entertainment license revoked or suspended, the reason therefore, and
the activity or occupation of the applicant subsequent to such action, suspension or
revocation.
B. Manager's License or Entertainer's License. Any application for a
manager's license or entertainer's license, or any renewal thereof, shall be signed by
the applicant and notarized or certified to be true under penalty of perjury. Each such
application shall be submitted on a form supplied by the Clerk Finance Director. The
form shall require a statement of the applicant's name, home address, home telephone
number, date and place of birth, social security number, `n� Washington State Unified
Business Identifier (UBI) number, and the name, address and phone number of the
adult cabaret or adult cabarets at which the applicant will work, and any stage names or
nicknames used in entertaining. The form shall also require the applicant to disclose all
prior criminal convictions, including the crime(s) convicted of, place, I and the
approximate date of each such conviction.
At the time of application or renewal, the applicant shall present picture identification
which shall include (1) a valid motor vehicle operator's license, issued by the State of
Washington, bearing the applicant's photograph and date of birth; or (2) a valid
Washington State issued identification card bearing the applicant's photograph and
date of birth. At the time of application or renewal and amain b etween Iu ly 1 and I4i
14 every yeah the applicant shall be photographed by the CleFk Tukwila Police
Department Orin— hrissirhTe design ee for the Glef!4's Finance Director's records and the
Police Department's records. Fai', -tee ±o appea feF a- photograph between july and
Iu ly l nn sU Gh dat a-n�ac G are preSGribe by the result in linonse
SUS unt s isnen inn ntil the nhntegmph is ehtained
C. Duty to Supplement Application. In the event that any information on any
application for a license under this chapter becomes outdated or otherwise inaccurate
or incomplete, including but not limited to a change in the applicant's name, address,
telephone number, or staqe name, or substantial changes to an applicant's
appearance, including but not limited to a chanqe in hair style and color, or facial or
other features including tattoos, an applicant or license holder shall appear before the
Clerk Finance Director within 20 days and provide current information, including, when
applicable, being photographed by the Clerk Tukwila Police Department ^r his; he;
desigeee to accurately reflect any change in looks when compared to the most recent
photograph available under TMC Section 5.10.050.B.
Section 10. TMC Section 5.10.060, "Issuance of licenses and renewals,"
Amended. Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.060, is
hereby amended to read as follows:
A. Upon receipt of any application for a license under this chapter, the Clerk
Finance Director shall refer the application to the Police Department which shall
investigate the truth of the statements in the application and shall investigate the
applicant's compliance with the standards of this chapter. Upon receipt of any complete
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application for a license, the G le*— Finance Director shall further issue a temporary
license, pending disposition of the application or completion of the term of any license
suspension issued pursuant to this chapter. The temporary license shall expire upon
issuance of a license or renewal thereof or notice of non issuance or 30 days from the
date of issue, whichever is sooner. The holder of a temporary license is subject to all
requirements, standards and penalty provisions of this chapter.
B. After an investigation, but prior to the expiration of the temporary license, the
Clerk Finance Director shall issue a license if the Clerk Finance Director finds:
1. That the applicant complies with all applicable requirements and standards
of this chapter; and
2. That the applicant has not made any false, misleading or fraudulent
statement of fact in the application for a license, or in any report or record required to
be filed with the Glerk Finance Director.
In the event the applicant has not met the enumerated requirements after the required
investigations, the Clerk Finance Director shall issue a notice of non issuance of the
license. Notice of non issuance shall specify the reasons therefor.
C. Upon receipt of any application for renewal of a license under this chapter, the
Clerk Finance Director shall issue the renewal unless the GleFk Finance Director has
information which indicates that the applicant would not qualify for the initial issuance of
a license under TMC Section 5.10.060.13. As necessary, the Clerk- Finance Director
may issue temporary licenses after receipt of a renewal application. In the event the
applicant has not met the enumerated requirements after the required investigation, the
Clerk Finance Director shall issue the renewal or notice of non renewal of the
application. Notice of non renewal shall specify the reasons therefor.
D. Each adult cabaret shall maintain on the premises of the adult cabaret and
retain for a period of two years the names, addresses, home telephone numbers, social
security numbers, and ages of each person employed or otherwise permitted to appear
or perform on the premises as an entertainer, including independent contractors and
employees. This information shall be available for inspection by the Clerk Finance
Director or the Tukwila Police Department during the adult cabaret's regular business
hours.
Section 11. TMC Section 5.10.090, "Revocation or suspension of licenses,"
Amended. Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.090, is
hereby amended to read as follows:
A. The Clerk Finance Director may revoke any license under this chapter or may
suspend any such license for a period of time not to exceed one year where one or
more of the following conditions exist:
1. The license was procured by fraud, by a materially false or misleading
representation of fact in the application or in any report or record required to be filed
with the Clerk Finance Director; or
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2. The building, structure, equipment, operation or location of the business for
which the license was issued does not comply with the requirements or standards of
this chapter.
3. The license holder, his or her employee, agent, partner, director, officer or
manager has violated or permitted violation of any of the provisions of this chapter.
B. Upon determination that grounds for revocation or suspension of a license
exist, the Clergy- Finance Director shall send the license holder a notice of revocation or
suspension by first class mail, postage prepaid. Such notice shall be effective upon the
expiration of the ten -day appeal period set forth in TMC Section 5.10.100.A, unless a
timely notice of appeal is filed as specified therein.
Section 12. TMC Section 5.12.040, "Investigation of applicant issuance and
denial of license," Amended. Ordinance No. 1887 §5, as codified at TMC Section
5.12.040, is hereby amended to read as follows:
A. The City —Clergy Finance Director shall refer the application to the Police
Department, which shall determine the accuracy of the information contained in the
application and conduct a criminal history background investigation of the applicant.
Upon completion of the investigation, the Police Department shall forward a
recommendation for approval or denial to the City Clerk Finance Director.
B. If, as a result of the investigation, the character and business responsibility of
the applicant is found to be satisfactory, the C ity C!erk Finance Director shall issue the
license to the applicant. The City Clerk Finance Director shall deny the applicant the
license if the applicant has:
Committed any act consisting of fraud or misrepresentations;
2. Committed any act which, if committed by a license holder, would be
grounds for suspension or revocation of a license;
3. Within the previous ten years, been convicted of a misdemeanor or felony
directly relating to the occupation of peddler, including, but not limited to, those
misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;
4. Been refused a license under the provisions of the chapter; providing,
however, that any applicant denied a permit under the provisions of this chapter may
reapply if and when the reasons for denial no longer exist; or
5. Made any false or misleading statement in the application.
C. The denial of a license to an individual, corporation, partnership or other
organization which serves as the employer or principal for individual peddlers, shall be a
sufficient basis to deny a license to the individual applicants who are employed by or
acting as an agent for the applicant.
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Section 13. TMC Section 5.12.070, "License revocation," Amended.
Ordinance No. 1887 §8, as codified at TMC Section 5.12.070, is hereby amended to
read as follows:
A. The C Gler Finance Director may revoke any license under this chapter
after notice and hearing where one or more of the following conditions exist:
1. The license was procured by fraud, by a materially false or misleading
representation of fact in the application or in any report or record required to be filed
with the Clerk Finance Director.
2. Fraud, misrepresentation or false statements made in the course of
carrying on the business as a peddler.
3. Violation of any provision in this chapter.
4. Conviction, after submission of the application for a peddler's license, of a
felony or misdemeanor directly relating to the occupation of peddler, including, but not
limited to, those misdemeanors and felonies involving moral turpitude, fraud or
misrepresentation.
5. Conducting the business of peddling in any unlawful manner or such
manner as to constitute a breach of the peace or to constitute a menace to the health,
safety and general welfare of the public.
6. The revocation of any permit held by an individual, corporation, partnership
or other organization which serves as the employer or principal for individual peddlers
shall constitute a basis for revoking the permit issued to individual applicants who are
employed by or acting as agents for such individual, corporation, partnership or
organization.
7. The revocation of a license for three or more persons who are employees
or agents of an individual, corporation, partnership or organization shall constitute a
basis for revoking the license issued to the employer or principal, as well as the
licenses issued to all other employees or agents of that employer or principal.
B. Upon determination that grounds for revocation of a license exist, the City GleF
Finance Director shall send the license holder a notice of revocation by certified mail,
return receipt requested. Such notice shall be effective upon the expiration of the ten
day appeal period set forth in TMC Section 5.12.080, unless a timely notice of appeal is
filed as specified therein.
Section 14. TMC Section 5.36.040, "License issuance," Amended. Ordinance
No. 182 §4, as codified at TMC Section 5.36.040, is hereby amended to read as
follows:
Upon the approval of the City Council for the operation of a quarry within the City, the
Clerk Finance Director shall be instructed to issue a license without charging a fee.
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Section 15. TMC Section 5.36.140, "Liability," Amended. Ordinance No. 182
§14, as codified at TMC Section 5.36.140, is hereby amended to read as follows:
The operator shall post sufficient public liability and property damage insurance as
required by the State for the operation of a quarry. Proof of such insurance must be
filed with the C Finance Director.
Section 16. TMC Section 5.44.030, "License Application," Amended.
Ordinance No. 1482 §1 (part), as codified at TMC Section 5.44.030, is hereby amended
to read as follows:
A. Every person desiring to operate or have charge of a tow truck business within
the City shall make a written application to the C ity Gle k Finance Director for a license
to do so.
B. Such application shall be referred to the Planning Director for review to insure
the proper location and screening of the proposed operation as set forth in TMC
Section 5.44.130.
Section 17. TMC Section 5.44.050, "Insurance," Amended. Ordinance No.
1482 §1 (part), as codified at TMC Section 5.44.050, is hereby amended to read as
follows:
A. Every operator shall file with the City -Cler Finance Director a policy or policies
of public liability insurance, issued by an insurance company or companies authorized
to do business in the State, providing indemnity for or protection to the City as well as
providing public liability insurance coverage for each and every vehicle owned, operated
and /or leased by the applicant, for injury to or death of persons, passengers or
otherwise in accidents resulting from any cause by which the owner and /or operator of
the vehicle would be liable on account of any liability imposed upon him by law,
regardless of whether the vehicle was being driven by the owner or his agent, and as
against damage to the property of another, including personal property under like
circumstances, in the sum of $50,000 for the injury or death of one person, or $100,000
for the injury or death of more than one person in any one accident and $10,000 for
property damage.
B. Any copy of any such insurance policy shall be subject to approval as to
sufficiency and as to form by the City Attorney. Every such policy of insurance shall
provide that the liability of the insured shall not be affected by the insolvency or
bankruptcy of the insured. The policy shall be for the benefit of any and all judgment
creditors and shall extend for the period to be covered by the license applied for and
the insurer shall give not less than ten days' written notice to the City Clerk Finance
Director in the event of change or cancellation.
Section 18. TMC Section 5.44.060, "License Fee," Amended. Ordinance No.
1482 §1 (part), as codified at TMC Section 5.44.060, is hereby amended to read as
follows:
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Every applicant shall produce a current Washington tow truck operator registration.
Upon proper authorization by the City Council, the C ity Finance Director shall,
upon receipt of the annual license fee, issue a license which shall expire on the 31st
day of December of the year in which it is issued. The annual license fee shall be
$25.00 for each vehicle to be operated, and a separate license shall be required for
each vehicle.
Section 19. TMC Section 5.48.030, "License fees," Amended. Ordinance No.
1273 §3, as codified at TMC Section 5.48.030, is hereby amended to read as follows:
A. The license fee for each amusement center shall be $500.00 per annum. Such
fw2c shall
B. The amusement device fee shall be $50.00 per machine per annum. Such fee
shall be payable annually.
Section 20. TMC Section 5.48.040, "Issuance of license," Amended.
Ordinance No. 1273 §4, as codified at TMC Section 5.48.040, is hereby amended to
read as follows:
A. Any person, firm or corporation desiring to apply for an amusement center
license under the provisions of this chapter shall have a Conditional Use Permit as
required in the zoning code of the City.
B. Any person, firm or corporation desiring to apply for one or more of the licenses
provided for by this chapter shall make a written application for such license or licenses
with the C ity Clerk Finance Director on a form prescribed by the City Clergy Finance
Director. At the time of applying for such license, said applicant shall deposit with the
City Clerk Finance Director the full amount of the license fee for the period for which
application is made. This application fee shall be held by the Finance Director pending
granting or denial of said application; provided, however, that 10% of said fee shall not
be refunded in the event that the application is denied. Said 10% fee constitutes a
charge for processing the application.
C. Said application shall be reviewed by a committee made up of the City Clerk
Finance Director, Fire Chief, Police Chief and Planning Director. The committee shall
establish the qualifications of the applicant for the license being applied for and to
assure compliance of all the laws, rules and regulations of the City regarding the
installation and maintenance of the amusement devices. The decision of the review
committee to grant or deny the application may be appealed to the City Council within
ten days.
D. All licenses issued under this chapter shall be issued only to the person, firm or
corporation; the license may not be transferred without prior written consent of the City
following review of the proposed transfer by the license review committee.
E. All licenses issued allowing amusement devices within business operations
must be prominently displayed. Each license will indicate the number of operable
machines allowed on the premises.
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F. All renewal fees for amusement center licenses and amusement devices shall
be due and payable on the first day of October of each year.
G. All licenses issued hereunder shall be good for a period of one year;
commencing October 1 renewals therefor shall be subject to the same review as though
the license were being issued originally.
Section 21. TMC Section 5.48.070, "Enforcement," Amended. Ordinance No.
1273 §7, as codified at TMC Section 5.48.070, is hereby amended to read as follows:
The City GIeFk Finance Director, the Police Chief and Fire Chief are empowered to
administer, carry out and enforce the policies and provisions of this chapter.
Section 22. TMC Section 5.52.010, "Definitions," subparagraph 1, Amended.
Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.010, subparagraph 1, is
hereby amended to read as follows:
1. Cie* Finance Director" means the City of Tukwila employee or agent
appointed by the Mayor as licensing official under this chapter.
Section 23. TMC Section 5.52.020, "Panoram premises license required,"
subparagraph C, Amended. Ordinance No. 1475 §1 (part), as codified at TMC
Section 5.52.020, subparagraph C, is hereby amended to read as follows:
C. The GlerkFinance Director shall prescribe the form of such license, number the
same, and shall indicate thereon the number of panoram devices which may be
operated thereunder, and the location of the licensed panoram premises.
Section 24. TMC Section 5.52.030, "Panoram device license required,"
subparagraph D, Amended. Ordinance No. 1475 §1 (part), as codified at TMC
Section 5.52.030, subparagraph D, is hereby amended to read as follows:
D. The GlerkFinance Director shall prescribe the form of such license and number
the same.
Section 25. TMC Section 5.52.040, "Panoram operator's license required,"
Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.040, is
hereby amended to read as follows:
It is unlawful to own and exhibit or display for public use, or to place with another, by
lease or otherwise, for public use, exhibit or display, any panoram device without a valid
and current panoram operator's license. The Gler Finance Director shall prescribe the
form of such license and shall number the same.
Section 26. TMC Section 5.52.050, "License fee Terms Assignment
Renewal," subparagraphs D and E, Amended. Ordinance No. 1475 §1 (part), as
codified at TMC Section 5.52.050, subparagraphs D and E, is hereby amended to read
as follows:
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D. If a licensee, on or before December 31 of any year, gives written notice to the
City GlerkFinance Director that he will not, after December 31, conduct business in a
manner requiring a license under this chapter, such licensee may reapply for a license
at any time he wishes to conduct a business requiring such a license.
E. If a licensee does not give written notice as provided for in TMC Section
5.52.050.D, or having given such notice, operates after December 31 in a manner
requiring a license under this chapter, and does not renew such required license as
provided in TMC Section 5.52.050.C, such license shall be automatically revoked on
the 61st day following the prior December 31, and such licensee may not reapply for
such license for a period of one year from such date of revocation. Upon such
revocation, the G Director shall promptly mail written notice of such
revocation to such licensee.
Section 27. TMC Section 5.52.060, "License application Report by City
departments," subparagraph A, Amended. Ordinance No. 1475 §1 (part), as
codified at TMC Section 5.52.060, subparagraph A, is hereby amended to read as
follows:
A. Any person seeking a panoram premises license, panoram operator's license
or panoram device license shall file a written application with the GlerkFinance Director
on a form provided by the GIerkFinance Director for that purpose. The GlerkFinance
Director, upon presentation of such application and before acting upon the same, shall
refer such application to the City Police Department, which shall make a full
investigation as to the truth of the statements contained therein, and to the City
Development Review Committee and City Fire Department, and to the County Health
Department, which shall investigate and provide information to the GlerkFinance
Director concerning compliance of the premises and devices sought to be licensed with
this and other applicable City and State health, zoning, building, fire and safety
ordinances and laws.
Section 28. TMC Section 5.52.080, "Issuance of licenses," Amended.
Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.080, is hereby amended
to read as follows:
A. Within 30 days of the date of filing of any application, the GlerkFinance Director
shall issue the license or licenses applied for or renewal thereof, or notice of non
issuance and the reasons therefor.
B. The GlerkFinance Director shall issue the license or licenses applied for if and
only if, after an investigation, the GlerkFinance Director finds:
1. That the business for which a license is required herein will be conducted
in a building, structure and location which complies with the requirements and
standards of this chapter; and
2. That the applicant, his or her employee, agent, partner, director, officer,
stockholder or manager has not knowingly made any false, misleading or fraudulent
statement of material fact in the application for a license, or in any report or record
required to be filed with the Cler-kFinance Director.
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C. The OIer Finance Director shall renew a license upon application unless the
OIer Finance Director is aware of facts that would disqualify the applicants from holding
the license for which they seek renewal.
Section 29. TMC Section 5.52.090, "Suspension or revocation of licenses
Notices Summary suspension," Amended. Ordinance No. 1475 §1 (part), as
codified at TMC Section 5.52.090, is hereby amended to read as follows:
A. After an investigation and upon the recommendation of the Chief of Police,
Director of Planning, Fire Chief or the County Health Officer, the CIer Finance Director
may, upon 30 days' notice, temporarily or permanently suspend or revoke any license
issued pursuant to this chapter where one or more of the following conditions exist:
1. The license was procured by fraud or misrepresentation of a material fact
in the application or in any report or record required to be filed with the GlerkFinance
Director;
2. The building, structure, equipment or location of the business for which the
license was issued does not comply with the requirements or the standards of this
chapter,
3. The licensee, his or her employee, agent, partner, director, officer or
manager has knowingly allowed or permitted in or upon the panoram premises any
violations of this chapter or acts made unlawful under this chapter.
B. If the GlerkFinance Director finds that any condition set forth in TMC Section
5.52.090.A exists, and that such condition constitutes a threat of immediate serious
injury or damage to persons or property, the Glerk Finance Director may immediately
suspend any license issued under this chapter pending a hearing in accordance with
TMC Section 5.52.100. The CIeFkFinance Director shall issue notice setting forth the
basis for the GlerkFinance Director's action and the facts supporting the GlerkFinance
Director's finding regarding the condition found to exist that constitutes a threat of
immediate serious injury or damage to person or property.
Section 30. TMC Section 5.52.100, "Appeal and hearing," Amended.
Ordinance Nos. 1796 §3 (part) and 1475 §1 (part), as codified at TMC Section
5.52.100, are hereby amended to read as follows:
A. Any person aggrieved by the action of the GlerkFinance Director in refusing to
issue or renew any license under this chapter or in temporarily or permanently
suspending or revoking any license under this chapter shall have the right to appeal
such action to the City Hearing Examiner, or to such other hearing body as may
hereafter be established by the City Council for the hearing of such appeals, by filing a
notice of appeal with the City Clerk within ten days of receiving notice of the action from
which appeal is taken.
B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for
a hearing of such appeal within 20 days from the date of such receipt, except as
specified in TMC Section 5.52.100.C. The hearing shall be de novo. The hearing body
shall hear testimony, take evidence and may hear oral argument and receive written
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briefs. The filing of such appeal shall stay the action of the GlerkFinance Director,
pending the decision of the hearing body.
C. In cases of summary suspension of licenses because of the threat of
immediate serious injury or damage to persons or property pursuant to TMC Section
5.52.090.6, the hearing body, upon receipt of a timely notice of appeal, shall set a date
for a hearing within five days of the date of such receipt. The hearing body shall render
a decision within five days of the conclusion of the hearing. The filing of such appeal
shall not stay the action of the GteF Finance Director.
D. The decision of the hearing body on an appeal from a decision of the
Cler-kFinance Director shall be based upon a preponderance of the evidence. The
burden of proof shall be on the Cler-kFinance Director.
E. The decision of the hearing body shall be final unless appealed to the superior
court within 20 days of the date the decision is entered.
Section 31. TMC Section 5.52.110, "Premises regulations," Amended.
Ordinance Nos. 1573 §1 and 1475 §1 (part), as codified at TMC Section 5.52.110, are
hereby amended to read as follows:
It shall be unlawful and a violation of this chapter for a panoram operator, or anyone
owning or controlling a panoram premises, to cause, maintain, or permit to exist any
condition in violation of this section; and the GlerkFinance Director shall not license any
panoram premises which do not conform to the requirements of this section, and shall
revoke or suspend the license of any panoram premises, and the license of any
operator thereof, which do not maintain conformity with these requirements.
1. The interior of every panoram station shall be visible from a continuous
main aisle and shall not be obscured by any curtain, door, wall, or other form of partition
or enclosure.
2. The panoram stations on any panoram premises shall be separated by
partitions constructed of wood or other solid and opaque material. No openings in such
partitions for ventilation or other purposes shall extend higher than 12 inches from the
floor or lower than 84 inches from the floor.
3. The licensee shall not permit any doors to areas on the premises which are
available for use by persons other than the licensee or employees of the licensee to be
locked during business hours.
4. The licensee shall maintain illumination equally distributed in all parts of
the premises available for use by the public, at all times when the premises are open or
when any member of the public is permitted to enter and remain therein.
5. The entire floor area of a panoram booth or stall must be level with the
continuous main aisle. No steps, ramps or risers are allowed in any such booth or stall.
6. The licensee shall permanently post and maintain on the interior and
exterior of each booth or stall on the panoram premises a sign with one -inch lettering on
a contrasting background stating:
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"Occupancy of this booth is at all times limited to only one person. Violators are
subject to criminal prosecution under TMC Section 5.52.130."
7. The licensee shall not operate or maintain any warning system or device,
of any nature or kind, for the purpose of warning customers or patrons or any other
persons occupying panoram booths or stalls located on the licensee's premises that
Police officers or City health, fire, licensing or building inspectors are approaching or
have entered to the licensee's premises.
8. A licensed panoram operator shall be on the premises at all times that the
panoram premises is open to the public for business.
Section 32. TMC Section 5.56.020, "Definitions," Amended. Ordinance Nos.
1910 §1, 1747 §1 (part), 1604 §1 and 1490 §2 (part), as codified at TMC Section
5.56.020, are hereby amended to read as follows:
For the purposes of this chapter, the words set out in this section shall have the
following meanings:
A. "Adult entertainment" means:
1. Any exhibition, performance or dance of any type conducted in a premises
where such exhibition, performance, or dance involves a person who is unclothed or in
such costume, attire, or clothing as to expose any portion of the female breast below
the top of the areola or any portion of the pubic region, anus, buttocks, vulva or
genitals, or wearing any device or covering exposed to view which simulates the
appearance of any portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in
a discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premises
where such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on the depiction, description, simulation or relation to the
following specified sexual activities:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast; or
3. Any exhibition, performance or dance which is intended to sexually
stimulate any member of the public and which is conducted on a regular basis or as a
substantial part of the premises activity. This includes, but is not limited to, any such
exhibition, performance or dance performed for, arranged with or engaged in with fewer
than all members of the public on the premises at that time, with separate consideration
paid, either directly or indirectly, for such performance, exhibition or dance and which is
commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing,
private dancing or straddle dancing.
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B. "Adult entertainment cabaret" means any premises open to the public in which
there is at any time an exhibition or dance constituting "adult entertainment" as
described in TMC Section 5.56.020.A, provided for the use or benefit of a member or
members of the adult public, or advertised for the use or benefit of a member or
members of the adult public; provided, that "adult entertainment cabaret" does not
include any tavern or other business that maintains a liquor license.
D "Employee" means any and all persons, including entertainers, who work in or
at or render any services directly related to the operation of an adult entertainment
cabaret.
"Entertainer" means any person who performs any entertainment, exhibition or
dance of any type within an adult entertainment cabaret, whether or not such person or
anyone else charges or accepts a fee for such entertainment, exhibition, or dance.
FE. "Entertainment" means any exhibition or dance of any type, pantomime,
modeling or any other performance.
C "QekFinance Director' means the City CleF Finance Director or his /her
designee who is designated by the Mayor as licensing official under this chapter.
G. "Manager" means any person licensed as a manager under this chapter.
H. "Member of the public" means any customer, patron, club member, or person,
other than an employee as defined in this section, who is invited or admitted to an adult
cabaret.
I. "Operator" means all persons who own, operate, direct, oversee, conduct,
maintain, or effectively exert management control or authority over an adult
entertainment cabaret or its affairs, without regard to whether such person(s) owns the
premises in which the adult entertainment cabaret does business.
An Operator "effectively exerts management control or authority" when he or she
actually does, or is in a position to, participate in the management, direction or oversight
of an adult entertainment cabaret or its affairs, whether or not such person's name
appears on any public record filed with any government agency in connection with an
adult entertainment establishment or any parent company or affiliate.
An Operator's "parent company or affiliate" means any other person which owns 50% or
more of any class of an operator's stock, or which effectively exerts management
control or authority over an operator.
J. "Performance area" means an area no larger than the area beginning six feet
away from, and running parallel to, the front edge of a stage on which adult
entertainment is permitted to occur, and which extends no deeper than the depth of that
stage.
K. "Person" means any individual, partnership, corporation, trust, incorporated or
unincorporated association, marital community, joint venture, governmental entity, or
other entity or group of persons, however organized.
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Section 33. TMC Section 5.56.030, "Adult entertainment cabaret licenses,"
subparagraph F, Amended. Ordinance Nos. 1747 §1 (part) and 1490 §2 (part), as
codified at TMC Section 5.56.030, subparagraph F, are hereby amended to read as
follows:
F. Renewals In order to obtain renewal of a current adult entertainment cabaret
license for the next year, a license holder must file an application for renewal with the
CleFkFinance Director. The renewal fee for each year is $500.00.
Section 34. TMC Section 5.56.040, "Manager's licenses and entertainer's
licenses," subparagraph F, Amended. Ordinance Nos. 1747 §1 (part), 1651 §1 and
1490 §2 (part), as codified at TMC Section 5.56.040, subparagraph F, are hereby
amended to read as follows:
F. Renewals In order to obtain renewal of a current manager's license or
entertainer's license for the next year, a license holder must file an application for
renewal with the GlerkFinance Director. The renewal fee for each year is $75.00.
Section 35. TMC Section 5.56.050, "License applications," Amended.
Ordinance Nos. 1747 §1 (part), 1604 §2 and 1490 §2 (part), as codified at TMC Section
5.56.050, are hereby amended to read as follows:
A. Adult Entertainment Cabaret License Any application for an adult
entertainment cabaret license or renewal thereof shall be submitted in the true name of
the operator of the adult entertainment cabaret to which the application pertains. The
true operator or his /her agent, under penalty of perjury, shall sign and notarize or certify
that all of the operators as defined in TMC Section 5.56.020 are listed and all of the
information provided is true and correct. Any change in ownership in the adult
entertainment cabaret must be reported to the ClerkFinance Director within 20 days of
such change(s). Each such application shall be submitted on a form supplied by the
Gler-IEFinance Director. The form shall require the following information:
1. If the applicant is an individual or partnership, the names, home
addresses, home telephone numbers, dates and places of birth, and social security
numbers of all operator(s). If the applicant is a partnership, all such information must
be provided for all general partners,
2. If the applicant is a corporation, the names, addresses, telephone
numbers, and social security numbers of all operators, and of all corporate officers and
directors. The same information shall be required from each parent company or
affiliate;
3. The name, address, and telephone number of the adult entertainment
cabaret;
4. The name, address and telephone number of the owner of the property on
which the adult entertainment cabaret is located;
5. The names, addresses, and telephone numbers of all employees of the
adult entertainment cabaret;
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6. A statement detailing whether the applicant or any operator, partner,
corporate officer, director, or shareholder of 50% or more of any class of an operator's
stock, holds any other licenses under this chapter or any similar adult entertainment or
sexually oriented business ordinance, including motion picture theaters and panorams
from the City or another city, county, or state, and if so, the names and addresses of
each other licensed business and the jurisdiction(s) in which such businesses are
located; and
7. A description of the sexually oriented adult entertainment business history
of the applicant; whether such person or entity, in previously operating in this or another
city, county or state, has had a business license or adult entertainment license revoked
or suspended, the reason therefore, and the activity or occupation of the applicant
subsequent to such action, suspension or revocation.
B. Manager's License or Entertainer's License
1. Any application for a manager's license or entertainer's license, or any
renewal thereof, shall be signed by the applicant and notarized or certified to be true
under penalty of perjury. Each such application shall be submitted on a form supplied
by the GlerkFinance Director. The form shall require a statement of the applicant's
name, home address, home telephone number, date and place of birth, social security
number, Washington State Unified Business Identifier (UBI) number. and the name,
address and phone number of the adult entertainment cabaret or cabarets at which the
applicant will work, and any stage names or nicknames used in entertaining. The form
shall also require the applicant to disclose all prior criminal convictions, includinq the
crime(s) convicted of, place, and the approximate date of each such conviction.
2. At the time of application or renewal, the applicant shall present picture
identification which shall include (1) a valid motor vehicle operator's license, issued by
the state of Washington, bearing the applicant's photograph and date of birth; or (2) a
valid Washington state issued identification card bearing the applicant's photograph
and date of birth. At the time of application or renewal and again b IU ly 'I and
duly -14 every year, the applicant shall be photographed by the Glerk Tukwila Police
Department er h designee the le*Finance Director's records and the Police
Department's records. Failure te appear for a phetegraph between july 1 and july 14
on SUGhl ..fat ec ac a re preSGFibe) by +ho GleF c hall result in liGeRse
1 0 en unti the photograph is ebta!RecL
C. Duty to Supplement Application In the event that any information on any
application for a license under this chapter becomes outdated or otherwise inaccurate
or incomplete, including but not limited to a change in the applicant's name, address,
telephone number, or stage name, or substantial changes to an applicant's
appearance, includinq but not limited to a chanqe in hair style and color, or facial or
other features including tattoos, an applicant or license holder shall appear before the
Gler-kFinance Director within 20 days and provide current information, including, when
applicable, being photographed by the GlerkTukwila Police Department y r h
to accurately reflect any change in looks when compared to the most recent photograph
available under TMC Section 5.56.050.B.
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67
Section 36. TMC Section 5.56.060, "Issuance of licenses and renewals,"
Amended. Ordinance Nos. 1747 §1 (part), 1601 §1 and 1490 §2 (part), as codified at
TMC Section 5.56.060, are hereby amended to read as follows:
A. Upon receipt of any application for a license under this chapter, the
ClerkFinance Director shall refer the application to the Police Department which shall
investigate the truth of the statements in the application and shall investigate the
applicant's compliance with the standards of this chapter. Upon receipt of any
complete application for a license, the Gferk Finance Director shall further issue a
temporary license, pending disposition of the application or completion of the term of
any license suspension issued pursuant to this chapter. The temporary license shall
expire upon issuance of a license or renewal thereof or notice of non issuance. The
holder of a temporary license is subject to all requirements, standards and penalty
provisions of this chapter.
B. After an investigation, the Gle¢kFinance Director shall issue a license if the
GlerkFinance Director finds:
1. That the applicant complies with all applicable requirements and standards
of this chapter; and
2. That the applicant has not made any false, .misleading or fraudulent
statement of fact in the application for a license, or in any report or record required to
be filed with the GterkFinance Director.
In the event the applicant has not met the enumerated requirements, after the required
investigations, the ClerkFinance Director shall issue a notice of non issuance of the
license. Notice of non issuance shall specify the reasons therefor.
C. Upon receipt of any application for renewal of a license under this chapter, the
GterkFinance Director shall issue the renewal unless the Clerk Finance Director has
information which indicates that the applicant would not qualify for the initial issuance of
a license under TMC Section 5.56.060.B. In the event the applicant has not met the
enumerated requirements, after the required investigation, the GterkFinance Director
shall issue the renewal or notice of non renewal of the application. Notice of non
renewal shall specify the reasons therefor.
D. Each adult entertainment cabaret shall maintain and retain for a period of two
years the names, addresses, home telephone numbers, social security numbers, and
ages of each person employed or otherwise permitted to appear or perform on the
premises as an entertainer, including independent contractors and employees. This
information shall be available for inspection by the GlerkFinance Director or the Tukwila
Police Department during the adult entertainment cabaret's business hours.
Section 37. TMC Section 5.56.090, "Revocation or suspension of licenses,"
Amended. Ordinance Nos. 1747 §1 (part) and 1490 §2 (part), as codified at TMC
Section 5.56.090, are hereby amended to read as follows:
A. The ClerkFinance Director may revoke any license under this chapter or may
suspend any such license for a period of time not to exceed one year where one or
more of the following conditions exist:
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i
1. The license was procured by fraud, by a materially false or misleading
representation of fact in the application or in any report or record required to be filed
with the Glerk Finance Director; or
2. The building, structure, equipment, operation or location of the business for
which the license was issued does not comply with the requirements or standards of
this chapter.
B. Upon determination that grounds for revocation or suspension of a license
exist, the GIerkFinance Director shall send the license holder a notice of revocation or
suspension. Such notice shall be effective upon the expiration of the ten -day appeal
period set forth in TMC Section 5.56.100.A, unless a timely notice of appeal is filed as
specified therein.
Section 38. TMC Section 5.60.070, "Enforcement," Amended. Ordinance No.
1918 §8, as codified at TMC Section 5.60.070, is hereby amended to read as follows:
If the Chief of Police finds that any licensee has violated or failed to comply with any
provisions of this chapter, he /she shall make a written record of such finding and shall
specify therein the particulars; and will inform the Tukwila City GlerkFinance Director.
Upon recommendation of the Chief of Police, the G y— C� Finance Director may
revoke, suspend, or refuse to issue the City of Tukwila license for that business for a
period not less than 90 days or not more than 1 year. This determination shall be made
in consultation with the Police Chief and shall be based on the severity of the
violation(s).
Section 39. Repealer for Tukwila Municipal Code 5.32 "Trailer Parks."
Ordinance Nos. 266, 358 (part), and 577 (part) are hereby repealed.
Section 40. 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 41. 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 42. 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.
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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:
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Page 22 of 22
70
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
October 18, 2011— 5: 00 p.m.; Conference Room #3
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Peggy McCarthy, Jennifer Ferrer, Derek Speck, Mary Miotke, Stephanie Brown, Jack Pace,
Mike Villa, Gail Labanara and Kimberly Matej
Guests: Ellen Gengler, resident; and Scott Plack, Group Health Cooperative
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Business Licensine and Revenue Generatine Reeulatory License Fee
Staff is seeking Council approval of the following items relative to Business Licensing and/or the
Revenue Generating Regulatory License Fee:
Ordinance: Business License Relating to Housekeevine Items
Staff is seeking Council approval of an ordinance that will make housekeeping changes to the current
Business License ordinance. Last year, the Finance Department assumed the responsibilities of business
licensing from the City Clerk's Office. The proposed modifications are summarized below:
Change all references from City Clerk designation to Finance Director and/or Department as
appropriate.
Remove section relative to Trailer Park Establishments as the Code is outdated and no longer
needed.
Other operational efficiencies including, but not limited to: requiring a UBI number and mirroring
sections relative to cabarets for clarity and consistency.
Committee Members were in agreement regarding the above proposed changes. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
Ordinance: Combined Fee Business License Revenue Generating Regulatory Licensing (RGRL)
Staff is seeking Council approval of an ordinance that implements a combined business license and
RGRL fee of $67 per full -time equivalent (FTE). Per direction and requests given at the September 7,
2011, Finance Safety Committee meeting, staff has conducted public outreach regarding this proposed
change including: a presentation at the Chamber, direct mail, utility billing inserts and information made
available via the City website.
Staff received 11 written comments from the above outlined outreach, with both negative and positive
comments regarding the fee combination as well as general comments about the RGRL implementation.
Implementation of a combined fee will benefit over 70% of Tukwila businesses which will be paying less
than last year's total assessment for the business license and RGRL fees.
In addition to assessing this $67 structured fee, which offers ease of application, uniformity and
proportionality, staff is proposing the ordinance be amended to specifically exempt court interpreters from
71
72
COUNCIL AGENDA SYNOPSIS
Laitialr ITEM NO.
Meetir,q Date Prepared by Mayor's review Council review
10/24/11 JFS QG�
11/07/11 JFS 4.E.
ITEM INFORMATION
CAS STAFF SPONSOR: JENNIFER F SANTA INES ORICINA]_,AGI;NDA DA'173: 10/24/11
AGF,NDA I•rrm Tri An ordinance establishing a Combined Business License Fee of $67.00 per full -time
equivalent (FTE) employee
Cx r(,UR1' ®Discussion Motion Resolution Ordinance .Bid Award Puhlic.Hearina Other
Altg Date 10124111 11115 Date Mt� Date AIR Date 11/07/11 R1tg Date 11Qtg Date R!ltg Date
SPO Council Mayor .HR DCD Finance Fire IT P &R Police PIV
SPONSOR'S A combined business license and RGRL Fee is a simplified fee structure that is easier to
SUI\- r\4,\RY understand and will facilitate the completion of renewal and application forms with one
fee calculation. This proposal is revenue neutral to the City.
COW Mtg. CA &P Cmte P &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/18/11 COMMITTEE CI AIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADmIN. Finance Department
COMMI•rrl,,l; Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExnI NDFFUIW Rl':OUIRlm
$0
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
CoJntnents: This proposal is revenue neutral for the City.
MTG.DATE1 RECORD OF COUNCIL ACTION
10/24/11
MTG.DATEI ATTACHMENTS
10/24/11 Informational Memorandum dated 10/19/11 (revised after FS meeting)
Informational Memorandum dated 10/1/11
Business License and RGRL Fee Analysis Spreadsheet
Summary of Community Responses
Draft Ordinance
Draft copies of business licensing forms
Minutes from the Finance and Safety Committee meeting of 10/18/11
73
74
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Jennifer Ferrer -Santa Ines, Senior Fiscal Coordinator
DATE: October 19, 2011* Revised after 10/18/11 FS meeting (seepage 2)
SUBJECT: Changing Business License and Revenue Generating Regulatory
License (RGRL) fee into a combined rate of $67 per full -time
equivalent employee and adding language to exempt qualified court
interpreters from both the license fee and the RGRL fee
&34114
Many customers as well as staff in Finance and other departments have given feedback
that the current business license and Revenue Generating Regulatory License (RGRL)
fee structures are overly complex and difficult to understand.
In addition, it has been past practice to exempt qualified court interpreters making less
than $12,000 in gross annual revenue from obtaining a business license, however, the
current language in the Code does not include this group in the exemptions section of
Title 5, Chapter 5.04.
BACKGROUND
At the September 7, 2011 Finance Safety Committee meeting, Staff provided
information regarding the benefits of a combined business license fee of $67 per full
time equivalent employee. The committee requested outreach efforts to inform the
business community of this potential change in licensing fees to provide organizations
the opportunity to give feedback and comments to the City.
Additionally, court interpreters have been exempt from obtaining a Tukwila business
license, but this practice has been absent from the Code.
DISCUSSION
To increase awareness in the business community and encourage member input, Staff
has completed the following:
Present overview of new rate structure at the October 4, 2011 Southwest King
County Chamber of Commerce
Direct mail to all active Tukwila licensed businesses sent out on 9 -23 -2011
Utility billing inserts sent out on 9 -28 -2011
City of Tukwila website, Tukwila News and Notes Section Finance home page
75
INFORMATIONAL MEMO
Page 2
Although approximately 71% of Tukwila businesses will benefit in paying less for their
business license from transitioning to a combined business license fee of $67 per full
time equivalent employee, the City received both favorable and unfavorable comments
from business owners and managers regarding the new proposed fee. A summary of
the responses is attached.
Also, consistent with past practice, language clarifying the exemption of court
interpreters making less than $12,000 in gross annual revenue needs to be included in
the Code.
*(The followina paragraph was added after the FS meetina)
At the Finance and Safety Committee meeting on 10/18/11, Finance staff presented
additional changes that further simplify the language in TMC Chapter 5. Originally, a
new section was created titled Section 5.04.025, "Determination of number of
employees for Combined Business License Fee." It was determined this new section
was not necessary and pertinent items from this section could be added and or
combined to existing sections of 5.04.020, "Application and Fees Required The
revised ordinance in the packet shows the additional changes as noted here.
RECOMMENDATION
The Council is being asked to adopt a combined business license and RGRL fee of $67
per full -time equivalent employee and approve the added language for exempting
qualified court interpreters in TMC Chapter 5.04.
The Council is being asked to consider this issue at the October 24, 2011 Committee of
the Whole Meeting and the November 7, 2011 Regular Meeting.
ATTACHMENTS
Informational Memorandum dated September 1, 2011 to Finance Safety
Business License and RGRL Fee Analysis spreadsheet
Summary of Community Responses
-Draft Ordinance
WA2011 Info Memos Council\ BusinessLicenseFeeChangesl0 -18 -11 RevisedB.dou
76
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Jennifer Ferrer -Santa Ines, Sr. Fiscal Coordinator
DATE: September 1, 2011
SUBJECT: Business License and RGRL Fees
ISSUE
Many customers as well as staff in Finance and other departments have given feedback
that the current business license and Revenue Generating Regulatory License (RGRL)
fee structures are overly complex and difficult to understand.
BACKGROUND
The following business license fees were adopted by Council on November 15, 2010
with Ordinance No. 2315:
of Emplovees
Fee
0 to 10
$100.00
11 to 20
$150.00
21 to 50
$300.00
51 to 100
$400.00
101 and up
$600.00
Home Occupation
$50.00
On July 19, 2010 Council adopted Ordinance No. 2297 which implemented an RGRL
fee of $55 per full time equivalent employee. Staff has attempted to resolve some
differences between the two ordinances that have caused unforeseen issues since
implementing both fees. One of the concerns expressed by customers is that because
the two fees are calculated differently, completion of the renewal or application form is
unduly burdensome. Finance staff has noted that businesses frequently pay one fee or
the other, whichever is lower. Well over half the renewal and application forms that have
come in since December 2010 have been completed incorrectly. The number of
renewals or applications completed online that are incorrect is at least as high.
DISCUSSION
In an attempt to simplify the business license and RGRL fee calculation process, staff
looked at ways to change the fee structure of one or both. Some cities in Western
77
INFORMATIONAL MEMO
Page 2
Washington that have an RGRL fee charge one combined fee per full time equivalent
employee. The fee is split by the Finance department, after being receipted in, into the
business license and RGRL components. This split is a relatively easy process given
modern automated cash receipting systems.
Below is a comparison of what a business with 10 full -time employees (FTE) would pay
for a business license in the cities below.
Base License Fee -flat amount
Base License Fee- head count
RGRL Fee -per FTE
Combination Rate Fee
Total Business License Fees
Kirkland Lynnwood Redmond Renton Tukwila
100.00 122.50
100.00
1,000.00 850.00 550.00
910.00 550.00
$1,100.00 972.50 910.00 550.00 650.00
From the information above, cities are either charging a combined rate or a flat amount
for the base fee plus RGRL for business licenses. Only Tukwila has a base license fee
based on head count and an RGRL fee based on a separate method, by full -time
equivalent (FTE).
An analysis of Tukwila's current fee structure, as compared to what a combined fee
might look like, reveals the City could charge a combined fee of $67 per full time
equivalent employee. This combined fee of $67 would replace the current separate
business license and RGRL fees, and the overall revenue collected would be revenue
neutral in comparison to the revenue that is currently coming in for business licenses
and RGRL fees.
A combined fee of $67 would result in a lowering of fees for many small businesses.
This is because a business with one employee currently pays a business license fee of
$100, equivalent to $100 per employee plus an RGRL fee of $55. A business of 10
employees also pays $100, or $10 per employee, plus an RGRL fee of $550. The
overall average business license fee per employee is just under $5. However, smaller
businesses are paying a proportionately higher fee per employee. For instance, a
business with 100 employees pays a business license fee of $400, or $4 per employee.
Below is a chart showing what the current fee structure costs for employers of 1 -10
employees, what the new fee structure would cost those businesses, and the proportion
of businesses in each category:
Cffemp\ Content. Outlookl CBK0060WnfoMemo _BusinessLicenseFeeChang es. docx
78
INFORMATIONAL MEMO
Page 3
As you can see, the new fee structure would result in lower total fees for employers with
1 -8 employees. This group represents 65.72% of the businesses in Tukwila. Total fees
would be lower for some other larger employers too. In total, fees would go down for
71.08% of employers in the City.
These lower fees would be supplemented by somewhat higher fees for the City's largest
employers. We have 25 businesses in the City with 100 or more employees. Under the
current fee structure, these businesses pay about $588,000 in business license and
RGRL fees. Under the new fee structure, these 25 businesses would pay $698,000 in
total fees. The average increase for this group would be 15.61
Following are the advantages of implementing a combined business license and RGRL
fee:
A combined fee is much easier for businesses to understand, and makes the
renewal and application forms easier to complete. There would be one fee
calculation. The business would just enter their number of full time equivalent
employees, and the combined fee would be calculated based on that number.
The business would not have to calculate two separate fees and add them
together, as they are doing now.
The fee is more equitable for smaller businesses. Now the fees paid by the City's
smallest businesses, those with 1 -8 employees (66% of businesses in Tukwila),
are proportionately higher per employee than the fees paid by larger employers.
In total, approximately 71% of businesses in Tukwila would pay lower fees with
the new fee structure.
A simplified fee structure would result in fewer businesses paying incorrect
amounts and therefore being subject to late penalties and multiple handling of
accounts by Finance staff.
Business licenses would be issued much faster if we had a higher percentage of
businesses that calculate and pay the correct amount due the first time they send
something in to Finance.
C:1Temp\Conten t.0utlook\C B K0060U\I nfoMemo_Business LicenseFeeCh ang es. docx
79
Current Fee Structure
Proposed
Bus.
Current
Bus License
License
Business
Fee Per
55.00
Total Fee
67.00
#of EE
License Fee
Employee
RGRL
Now
Combined
Fee
Difference
#of Businesses
1
100
100.00
55.00
155.00
67.00
(88.00)
431
24.59%
2
100
50.00
110.00
210.00
134.00
76.00)
195
11.12%
3
100
33.33
165.00
265.00
201.00
64.00)
120
6.85%
4
100
25.00
220.00
320.00
268.00
(52.00)
106
6.05%
5
100
20.00
275.00
375.00
335.00
(40.00)
101
5.76%
6
100
16.67
330.00
430.00
402.00
(28.00)
85
4.85%
7
100
14.29
385.00
485.00
469.00
(16.00)
56
3.19%
8
100
12.50
440.00
540.00
536.00
(4.00)
S8
3.31%
9
100
11.11
495.00
595.00
603.00
8.00
36
2.05%
10
100
10.00
550.00
650.00
670.00
20.00
45
2.57%
As you can see, the new fee structure would result in lower total fees for employers with
1 -8 employees. This group represents 65.72% of the businesses in Tukwila. Total fees
would be lower for some other larger employers too. In total, fees would go down for
71.08% of employers in the City.
These lower fees would be supplemented by somewhat higher fees for the City's largest
employers. We have 25 businesses in the City with 100 or more employees. Under the
current fee structure, these businesses pay about $588,000 in business license and
RGRL fees. Under the new fee structure, these 25 businesses would pay $698,000 in
total fees. The average increase for this group would be 15.61
Following are the advantages of implementing a combined business license and RGRL
fee:
A combined fee is much easier for businesses to understand, and makes the
renewal and application forms easier to complete. There would be one fee
calculation. The business would just enter their number of full time equivalent
employees, and the combined fee would be calculated based on that number.
The business would not have to calculate two separate fees and add them
together, as they are doing now.
The fee is more equitable for smaller businesses. Now the fees paid by the City's
smallest businesses, those with 1 -8 employees (66% of businesses in Tukwila),
are proportionately higher per employee than the fees paid by larger employers.
In total, approximately 71% of businesses in Tukwila would pay lower fees with
the new fee structure.
A simplified fee structure would result in fewer businesses paying incorrect
amounts and therefore being subject to late penalties and multiple handling of
accounts by Finance staff.
Business licenses would be issued much faster if we had a higher percentage of
businesses that calculate and pay the correct amount due the first time they send
something in to Finance.
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79
INFORMATIONAL MEMO
Page 4
A simplified fee would mean less time that it takes for staff to answer questions
about how to calculate the fee, less staff time for following up with businesses in
writing or over the phone if they have paid incorrect amounts, and faster
depositing of payments received.
Staff will continue to investigate other ways to improve and simplify the business license
and RGRL fee processes. We have encountered many technical issues since
implementing the new fees, and these issues continue to this day but remain a high
priority for resolution. We also have a number of much needed improvements in the
works for the forms that are used for renewals and applications. These changes will be
made regardless of whether the fee structure is changed or not.
Options
There are a few options to consider in how we can restructure the calculation of
business license fees. The alternatives are:
1) adoption of a combined business license and RGRL fee of $67 per full -time
equivalent employee, and or
2) modify calculation of the base license fee from number of employees to full -time
equivalent (FTE) similar to that of calculating RGRL, or
3) Do nothing -leave fee structure and calculation as is.
RECOMMENDATION
Select an option from above. If option 1 and or 2 is selected, Staff will return with a draft
Ordinance for Finance Safety Committee to review on the 9/20 F &S meeting.
ATTACHMENT
Business License and RGRL Fee Analysis spreadsheet
C f femp\Content.Outlook\CBK0060U11 nfoMemo _BusinessLicenseFeeChanges.docx
80
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2333 AND 2315, AS
CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 5.04,
"LICENSES GENERALLY," TO REVISE AND MOVE PARTS OF TMC
CHAPTER 5.62 INTO CHAPTER 5.04 TO CREATE A SIMPLIFIED
COMBINED BUSINESS LICENSE FEE STRUCTURE, AND TO EXEMPT
QUALIFIED COURT INTERPRETERS FROM THE COMBINED
BUSINESS LICENSE FEE; REPEALING ORDINANCE NO. 2297 AND
ORDINANCE NO. 2333 §10, §11 AND §12, THEREBY ELIMINATING
TMC CHAPTER 5.62; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to simplify the business license fee structure
to eliminate the need to calculate two different fees; and
WHEREAS, the City Council supports a combined business license fee to facilitate
the completion and processing of business license applications and renewals; and
WHEREAS, the current business license ordinances separate the business license
section and the Revenue Generating Regulatory License section into two different
chapters and they should now be combined within TMC Chapter 5.04; and
WHEREAS, the City Council desires to exempt qualified court interpreters from
both the business license fee and the Revenue Generating Regulatory License (RGRL)
fee;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.04.010, "Definitions," Amended. Ordinance Nos.
2333 §1 and 2315 §1 (part), as codified at TMC Section 5.04.010, are hereby amended
to read as follows:
10. "Full time equivalent (FTE) is a unit of measure equivalent to one emplovee
working full -time. An FTE equals the number of hours worked by an emplovee in a
W: Word Processing \Ordinances \Business lic -RGRL Combined Rate Fee Structure strike -thru 10 -19 -11
JF:bjs Page 1 of 9
91
calendar near divided by 1,920, (the work hour figure used by the Washinaton
Department of Labor and Industries) not to exceed one.
11. "Emplovee means and includes each of the followina persons who are not
required by the Citv to have his /her /its own separate Citv of Tukwila business license:
a. Anv person who is on the business's oavroll, and includes all full -time,
part-time, and temporary emplovees or workers: and
b. Self emploved persons, sole proprietors, owners, officers, managers.
and partners; and
C. Anv other person who performs work, services or labor at the
business, including an independent contractor who may be exempt from requirements
to have a separate Citv of Tukwila business license
Section 2. TMC Section 5.04.020, "Application and Fees Required," Amended.
Ordinance Nos. 2333 §3 and 2315 §1 (part), as codified at TMC Section 5.04.020, are
hereby amended to read as follows:
A. Application Required. Any person desiring to establish or conduct any
business enterprise or undertaking within the corporate limits of the City shall first apply
to the Finance Department for a license to conduct such business. The application shall
be upon a form furnished by the Finance Department on which the applicant shall state
the company name and address; the nature of the business activity or activities in which
he desires to engage; the place where the business will be conducted; the number of
employees, whether full or part-time, on the payroll as of January 1, or, if a new
business, the number to be employed on the opening date; the Washinqton State
Unified Business Identifier (UBI) number; and other information pertaining to the
business as required by the City. Owners of residential rental propertv are not subject
to the application requirements in this chapter but shall adhere to the application
requirements in chapter 5.06.
B. Fee General. The application must be accompanied by payment for the
amount of the license fee. The total- businer c license fee for the annual license issued
under this chapter shall be dete +Red- u -s44q the eeM iRed rat e-4$67.00 per full -time
equivalent (FTE) emplovee consistinq of This foe Ge n s s t s of a $12.00 per FTE base
business license fee plus a $55.00 per FTE Revenue Generatinq Requlatory License
(RGRL) fee. The annual license fee shall be calculated by multiplvinq the number of
full- time equivalent emplovees that worked in Tukwila durinq the previous calendar vear
by the license fee. For owners of residential rental properties, the annual license fee
shall be calculated by multiplvina the number of full time equivalent emplovees that
worked in Tukwila durinq the previous calendar vear by the RGRL fee; the annual fee
shall include a license fee as set forth in chapter 5.06. It will be the responsibility of the
business or residential rental propertv owner to determine the total number of FTE
emplovees and, if required, demonstrate to the satisfaction of the Finance Director or
his /her desianee that the calculation is accurate. Emolovers without a full vear of
operatinq history shall estimate the number of FTE emplovees that will be emploved in
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92
ti a 12-month period. All fees will be based on the RUrnber of ernpley-e-zc, WhetheF full OF
part as fe llews:
=Moll _rr rr
ar
C. Minimum Fee. There shall be a minimum fee for an annual license of $67.00,
consistinq of a $12.00 business license fee and a $55.00 RGRL fee. except if the
business qualifies for a temporary business license in accordance with TMC Section
5.04.010 or is an entitv defined in TMC Section 5.04.090.
1. A business with less than $12,000.00 of average annual gross receipts
shall h e exempt from aR y RGRL pav the minimum license fee. of $67.00. A residential
rental property with less than $12,000.00 of annual aross receipts shall be exempt from
the RGRL fee, but shall be subiect to the license fee requirements set forth in TMC
Section 5.06.040.
3 On entity that is entirely exempt from paying the h4sin I TneeRsefee h
he exempt from any RGRL
3 An entity w#h- engaging in some activities or functions that are exempt from
the combined business license fee and some that are not exempt shall pay a RGRL
comN -ned btrsin'osG license fee based on the number of full -time equivalent employees
the are involved in the functions or activities that are not exempt.
4 An individual person operating more than one business as sole
proprietorships or owninq more than one residential rental property, within the corporate
limits of the City, Ica ?ng of eon over- ec- o�ied-- sib shall pay only one
RGRL P. Teee� RGRL fee, at an amount equal to the highest
RGRL fee for any one of the multiple businesses, if not
otherwise exempt from paying the RGRL license fee pursuant to
this chapter. TMC Section 5 62 .020.°. 5.04.020.C.3 shall not b apply if
any one of the businesses, or properties owned by the sole proprietor has three or more
full -time equivalent employees.
5- -Reams deRt+al-r-eRta[- ofeper-tv ewners s gall pax isable -feec as-set v the
Gitv's fee sGh SOeG ifi e d in TIVIC c o QS� RGRL
e equ ivalent amp! C /����p�
fee -tkF c. r< e M Q I G `ee -Oe-P -,5. G4. Q tYt-B4
4. If a business has more than one location in Tukwila, the license fee
calculation shall include at least the minimum fee for each location.
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93
5. The license fee for a business required to be licensed under this chapter
and not located within the Citv's corporate limits shall be calculated by multiplvinq the
license fee by the number of FTE employees working within the Citv, but in no event
shall the license fee be less than the minimum license fee set forth in this chapter. If the
number of FTE emplovees is not known at the time of renewal. the business shall
estimate the maximum number of FTE emplovees then anticipate workinq in Tukwila for
the 12 -month period subiect to licensure.
6. Businesses doing business in the City that have no emplovees physically
working within the Citv shall pav the minimum fee required under this chapter.
7. Businesses emplovinq fewer than 10 emplovees and that are eliqible for a
temporary business license, pursuant to TMC Section 5.04.010, shall be exempt from
pavment of a license fee.
�M
N a w a r a r+ r
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thepFevJ 1 e a a w e. e a a I
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I GAO w+ a +w w a •w r
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95
eac with fewer: than 10
e�npte3�ees
S New Businesses. The RGRI GGmhiRed b sig asc license fee for a new
business shall be based on the estimated number of FTE emplovees that will work in
Tukwila for a 12 -month Deriod. that did not submit reports feF eaGh
9{ of the last 4 quarters
th (rs
bs+nesc sha11 previde` tc fG"f4e
UPGOMiRg Y- 1 MORth Period. The City will determine the number of empleyees
that will be used in -GaIGUIating the amount ef the RGRLGGmbined Jsc fee.
If, during the license year, the City determines the actual number of employees is
significantly different than estimated, the amount of the GRL Gembined bu °mss
license fee will be recalculated for the new business. If the revised RGRL
bas4f}essannual license fee is higher, the business must pay the difference within thirty
days after notification is sent by the Citv.
D Over-Reporting Number of Employees. A business may request that the
City refund RGRI the b siRc -cc license fee overpaid on the basis that the business
miscounted the number of FTE employees by an error factor of more than 15 The
request must be in writing and the City must receive the request and all supporting
documentation no later than 60 days after the end of the calendar 4Geesea'c f-isGal -year
in which the error was made. If the City is satisfied the licensee paid an excess RGRL
business license fee, the City will refund the excess RGRIL busin license fee paid by
the licensee.
E Under Reporting of Employees. If the City determines the number of
employees was under reported at the time of application or renewal by an error factor of
more than 15 the business shall pay the balance of the applicable
businese- license fee together with a penalty of 20% of such balance due. The business
shall also reimburse the City for any accounting, legal, or administrative expenses
incurred by the City in determining the under reporting or in collecting the additional
amounts. The Finance Director shall mail written notice of the amount to be paid and
the business shall pay said amount to the City within 30 days of the date written notice
is mailed by the Citv. If the City does not receive timely payment, an additional penalty
shall be added, applying the schedule for late payments in this chapter.
G. Pavment made by draft or check shall not be deemed a pavment of the license
fee unless and until the same has been honored in the usual course of business, nor
shall acceptance of anv such check or draft operate as a quittance or discharge of the
fee unless and until the check or draft is honored. Any person who submits a license
fee pavment by check to the Citv pursuant to the provisions of this chapter shall be
assessed an NSF fee set by the Finance Director if the check is returned unpaid by a
bank or other financial institution for insufficient funds in the account or for anv other
reason.
Section 3. TMC Section 5.04.040, "Prorating fee," Amended. Ordinance Nos.
2333 §4 and 2315 §1 (part), as codified at TMC Section 5.04.040, are hereby amended
to read as follows:
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M
The license fee set forth in this chapter shall be for the calendar year, and each
person engaged in business must pay the full GOmbined businesc license fee for the
current year. B-ustaess License fees are non refundable, regardless of whether the
business operates for the entire calendar year, or whether the business license is
denied, revoked, withdrawn or suspended with cause.
Section 4. TMC Section 5.04.050, "Fee for late acquisition or renewal,"
Amended. Ordinance Nos. 2333 §5 and 2315 §1 (part), as codified at TMC Section
5.04.050, are hereby amended to read as follows:
A. Monetary Penalty. Failure to pay the esc license fee within 30
days after the day on which it is due and payable pursuant to TMC Section 5.04.020
shall render the business subject to a penalty of 5% of the amount of bu-Bice, license
fee for the first month of the delinquency and an additional penalty of 5% for each
succeeding month of delinquency, but not exceeding a total penalty of 25% of the
amount of such busiaeJc license fee, plus any accounting, legal or administrative
expenses incurred by the City. No business license for the current period shall be
granted until the delinquent fees, together with penalties, have been paid in full. The
Finance Director or his /her designee is authorized, but not obligated, to waive all or any
portion of the penalties and interest provided herein in the event the Director or his /her
designee determines that the late payment was the result of excusable neglect or
extreme hardship.
B. Collection. Any bu- si4esc license fee due and unpaid under this chapter, and
all penalties thereon, shall constitute a debt to the City and may be collected in court
proceedings in the same manner as any other debt in like amount, which remedy shall
be in addition to any and all other existing remedies.
C. Revocation of License. The Finance Director may revoke any business
license issued pursuant to this chapter to any business or other person who is in default
in any payment of any bu-si Bess- license fee hereunder, or who shall fail to comply with
any of the provisions of this chapter. Notice of such revocation shall be mailed to the
license holder by the Finance Director, and on and after the date thereof any such
business who continues to engage in business shall be deemed to be operating without
a license and shall be subject to any and all penalties herein provided.
D. There shall be a penalty of not less than $50.00 to reinstate any business
license revoked through nonpayment of the business license fee.
Section 5. TMC Section 5.04.070, "Change in nature of business," Amended.
Ordinance Nos. 2333 §6 and 2315 §1 (part), as codified at TMC Section 5.04.070, are
hereby amended to read as follows:
The license granted in pursuance hereof shall be used to conduct the business or
type of business at the designated address for which such license is issued. Any
change in the nature of the business, a change in the Unified Business Identifier issued
by the Washington State Department of Licensing, a change in the physical location of
the business, or a change in ownership of the business shall necessitate a renewed
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97
application to the Finance Department. A change in the nature of business or a change
in ownership will also require payment of the applicable license fee.
Section 6. TMC Section 5.04.090, "Exemption," Amended. Ordinance Nos.
2333 §7 and 2315 §1 (part), as codified at TMC Section 5.04.090, are hereby amended
to read as follows:
A. Exemptions. The following entities may claim an exemption from the
combined business license fee, but if exempt under this subsection such entities shall
still register under this chapter:
1. Certain Organizations Exempt from Federal Income Tax. An
organization that files with the city a copy of its current IRS 501(c)(3) exemption
certificate issued by the Internal Revenue Service.
2. A governmental entity that engages solely in the exercise of governmental
functions. Activities that are not exclusively governmental, such as some of the
activities of a hospital or medical clinic, are not exempt under this chapter.
3. A nonprofit business operated exclusively for a religious purpose, upon
furnishing proof to the Finance Director of its nonprofit status. For the purposes of this
chapter, the activities that are not part of the core religious functions are not exempt.
4. Civic groups, service clubs, and social organizations that are not engaged
in any profession, trade, or occupation, but are organized to provide civic, service, or
social activities in the City.
a. Examples of such organizations include but are not limited to:
Soroptomists, Kiwanis, Lions' Rotary, American Legion, children's and adults' athletic
leagues and similar types of groups, clubs or organizations.
5. Court interpreters who provide an oral translation between speakers who
speak different lanquages, and who are either a certified interpreter, qualified
interpreter, or registered interpreter, and who make less than $12,000 in gross annual
revenue in Tukwila, Washinqton. Certified, qualified and registered interpreters are
defined as follows:
a. "Certified interpreter" means an interpreter who is certified by the
administrative office of the courts.
b. "Qualified interpreter" means a person who is readily able to interpret
or translate Spoken and written English for non Enqlish speakina persons and to
interpret or translate oral or written statements of non English- speakinq persons into
spoken English.
c. "Registered interpreter" means an interpreter who is reqistered by the
administrative office of the courts.
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A Nothing in this chapter shall be construed to require a license for any farmer,
gardener, or other person to sell, deliver or peddle any fruits, vegetables, berries, butter,
eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced
or manufactured by such person in any place within the State.
..W 102MVICNA153.
Section 7. Repealer. Ordinance Nos. 2297 and 2333 §10, §11 and §12, as
codified in TMC Chapter 5.62, are hereby repealed, thereby eliminating TMC Chapter
5.62.
Section 8. 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 9. 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 10. 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:
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100
License No.
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD TUKWILA, WA 98188 (206) 431 -3680
Business License Renewal
License Descriotion
(Business Name)
(Attn)
(Mailing Address 1)
(Mailing Address 2)
(City, State, Zip)
Exoiration Date
Customer
Review information below and ADD if incomplete.
L7 DRAFT
Activitv No.
(Bar code)
If Ownership, Business Name, Business Address, UBI or Business Usaae has changed you must submit a NEW
completed application. You may download an application from www.tukwilawa.gov /finance /buslic.odf
Business Location:
Phone Number:
Business Use:
Square Footage:
UBI
Home Occupation:
Contact Info: (please print)
Name of Manager:
Name of Owner:
Phone:
Phone:
Emergency Contact: Phone:
Business License Fee: Use Worksheet on back side of this renewal.
Closed Business: I am no longer conducting business in Tukwila as of
(Date)
YOU FOR RENEWAL TO BE COMPLETE!
1 certify the above information is correct.
(Signature) (Print Name)
(Contact Phone (Date)
RENEW ON LINE https: /secure.tukwilawa.gov/ "Click on Citizen Services"
(Must use Customer Name Customer No. exactly as listed above.)
For questions, please contact our Business License Specialist at 206 431 -3680 or licensina0tukwilawa.00v
I FINANCE USE ONLY Reviewed by Paid in Full Outstanding Debt Issued
(if yes, you must sign Home Occupation affidavit)
101
Licenses are valid January 1- December 31 (All licenses expire Dec 31.)
A Total Number of Employee hours worked January December (12 month period)
(Determine the annual hours worked by all employees full part -time, managers and owners.)
One Full -Time Equivalent (FTE) Employee =1,920 hrs
You may estimate for a 12 month period or use last year's total 12 month reported hours.
If business is located outside of Tukwila, report only those hours worked in Tukwila.
B Multiply line "A" by $0.034896 (If total is less than $67, pay $67 minimum.)
c Business License Fee, enter amount from line "B"
Payment must be received by lanuary 31st to avoid Late Fees.
Late Fees (calculate late fee on amount from line "C
D 5% fee
E 10% fee
F 15% fee
G 20% fee
H 25% fee
i Total Du
(if payment not received by January 31)
(if payment not received by February 28
(if payment not received by March 31)
(if payment not received by April 30)
(if payment not received by May 31)
e with Late Fee (if applicable)
Please make checks payable to:
the "City of Tukwila"
6200 Southcenter Blvd.
Tukwila, WA 98188 -2544
If "Home Occupation" you must complete return the attached Home Occupation affidavit.
102
cat T
6200 Southcenter Boulevard
Tukwila, Washington 98188 -2544
206 431 -3680
This is an APPLICATION ONLY, and NOT a license to conduct business.
You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 31
Business Address Address
O If want to use as mailing address
City State Zip Code City State Zip Code
Email Local Business Phone Corporate Email Corporate Phone
If business name has changed in past year, list former name Opening Date Ownership Status Corporation
Individual PartnershiD LLC Non Profit Government
Local Manager Name Contact Phone Date of Birth Driver's License Number WA State UBI number (Must have to process.)
In Your Business:
Will retail sales be conducted? No Yes
Will you do door to door solicitation /peddling? No Yes
Are you a Contractor, based outside of Tukwila? No Yes
Do you conduct business within your Tukwila residence? No Yes If yes, read and sign information on page 3.
Do you collect parking fees?
No
Yes
Any gambling on premises?
No
Yes
Any amusement devices on premises?
No
Yes If yes, how many
Will alcohol be served on the premises?
No
Yes
Are you an entertainer?
No
Yes
Have you had a prior Tukwila Business License?
No
Yes Year
Description of Business (give complete details: also list types of products sold or stored)
Number of employees by type of employment
(ENTER ZERO OR NUMBER).
Office
Retail
Wholesale
Manufacturing
Warehousing
Other
Size of floor space Number of parking
SOFT: spaces:
Parcel Number(s) for Tukwila business location:
Hazard Materials
Do you use /store /discharge flammable, hazardous, or bio- hazardous materials? No Yes If "yes state type and quantity (use separate sheet, if necessary):
Is your business activity or any portions of your building different than the previous use i
If "yes please provide description of previous use /business activity including year closed and current use /business activity.
Are you presently doing or planning to do any:
Construction, Remodeling, and /or Installation of Commercial Storage Racks? No Yes List Permit Numbers:
Installation of New Signage or Changes to existing signage, including copy changes? No Yes
Contact the Permitting Center 206- 431 -3670, PRIOR TO STARTING ANY Remodeling /Construction or Installation of Storage Racks
List all owners/partners/officers (Please attach list for more owners/partners/officers.)
Name 1: Title: Home Address: City/State/Zip:
Phone: Identify Home/work/cell
Date of Birth:
Drivers License Number:
State License Issued:
Name 2:
Title:
Home Address:
City/State/Zip:
Phone: idencfy Home/Work/Cell
Date of Birth:
Drivers License Number:
State License Issued:
Local Emergency Contact 2: 1 Local Phone Number;
Processed bv: I Cash Check CC I C I A
Page 1 of 3
103
2012 Business License Application
Licenses are
31 (Licenses are not pro -rated and expire December 31:)
A. Total Number of Employee hours worked in a 12 month period
(Determine the hours worked by ALL employees full part-time, managers and owners.)
One Full -Time Equivalent (FTE) Employee= 1,920 hours (per WA State Dept. of Labor Industries)
New businesses need to estimate number of hours to be worked in a 12 month period.
If business is located outside Tukwila, report only those hours worked in Tukwila
B. Multiply line "A" by $0.034896 (If less than $67, pay $67 minimum)
C. Business License Fee, enter amount from line "B"
Please make checks payable to "City of Tukwila" (All Fees Paid are Non Refundable)
I certify the information contained herein is correct l understand that any untrue statement is cause for revocation of my license.
Print Name Title /Position
Signature
Contact Phone Number
Business License Fee Information
1. The business license fee is a combination of the business license fee and the Revenue Generating Regulatory License (RGRL) fee.
The license fee is based on the number of employee hours on the four quarterly reports submitted to the Washington State Department
of Labor and Industries (L &I) from the previous year. The work figure used by L &I is 1,920 hours per year for a full -time employee. In
addition to the annual employee hours reported on the L &I report, you must include employee hours for sole proprietors, owners,
managers, partners and any officers, agents or personal representatives acting in a fiduciary capacity. It is the responsibility of the
employer to determine the number of hours worked within the city. Enter the number of employee hours worked on Line "A Multiply
(Line "A the total number of employee hours worked in Tukwila by $.034896 to determine the total amount due (Line "B The
minimum fee for any license is $67.00, which covers 1,920 hours worked in Tukwila. If the amount calculated is less than $67.00 enter
$67.00 on Line 3. If the amount calculated is greater than $67.00, enter that amount on Line "C Employers without a full year history
would need to estimate the number of employee hours that will be worked in the 12 month period.
2. New Businesses The business license fee for a business that did not submit reports for each of the last 4 quarters to L &I shall be
based on the estimated number of employees of that business. The business shall provide its estimate of the average number of
employee hours worked in a 12 month period. If the City determines the number of FTE employees was under reported at the time of
application or renewal by an error factor of more than 15 the business shall pay the balance of the applicable license fee together with
a penalty of 20% of such balance due. The business shall also reimburse the City for any accounting, legal, or administrative expenses
incurred by the City in determining the under reporting or in collecting the additional amounts. Any person who submits a license fee
payment by check to the City pursuant to the provisions of this chapter shall be assessed an NSF fee set by the Finance Director if the
check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason.
3. Outside Contractors or Consultants Only report those hours worked in Tukwila for the current year, January December.
4. Exemptions —1. A business with less than $12,000 annual gross receipts shall pay the minimum license fee of $67.2. Any organization
that files for a non profit exemption will be required to submit to the City a copy of its current IRS 501(c)3 determination letter issued by
the Internal Revenue Service.
Automatic Fire Alarm Installation Notice (for new building owners or those planning to sell a building in Tukwila) As required by Tukwila Municipal Code
(TMC) 16.40.100: When sold, existing commercial, hotel /motel, industrial and multi family dwellings that are not fully protected by an automatic sprinkler
system shall have an Automatic Fire Alarm system installed. If not installed by the property owner, upon sale of the property, it will be the responsibility of the
seller to advise the buyer of this requirement. Multi- family dwellings which are sold and protected by an automatic sprinkler system shall install a fire alarm
system complying with TMC 16.40.120B.
Commute Trip Reduction Program (CTR) (for businesses located in the Tukwila Urban Center (TUC) zone, and all employers with 100+ affected
employees) In 2006 the legislature passed the Commute Trip Reduction (CTR) Efficiency Act to improve the efficiency and effectiveness of the 1991 CTR
Program (RCW 70.94.521 -551). Tukwila and other jurisdictions are required to decrease drive alone rates by 10% and vehicle miles traveled by 13% by 2013.
Businesses located within the TUC zone and all major employers are required to take measures to reduce the number of single- occupancy vehicle commute
trips to their worksite. "Affected employees" are those full -time employees who are scheduled to begin their work day between 6:00- 9:OOAM, on at least two
workdays per week, 12 months of the year. (For purposes of this law, 35 hours per week is full- time.)
Safety in Overnight Lodging (for Tukwila hotels/motels) Businesses engaged in providing overnight lodging (hotels /motels) are required to participate in
the SAFETY IN OVERNIGHT LODGING PROGRAM per TMC 5.60. Copies of the governing ordinance and program description can be obtained from the
Tukwila Police Department Crime Prevention Unit.
Page 2 of 3
104
What is a "home occupation Tukwila Municipal Code Section 5.04.010
If the income producing activity does not occur within the home itself, then "home occupation" does not apply and a regular business license
would be necessary. Please use the guidelines below to determine whether your business meets the definition of a home occupation.
Example of what is a home occupation business:
A hairdresser who operates out of his /her home or attached garage.
Example of what is not a home occupation business:
A landscaper who mows, gardens, and /or renders his /her services at other locations besides his /her primary residence.
Home Occupation: Conditions for Issuance of Business License
Pursuant to Tukwila Municipal Code Section 18.06.430 and City policy, home occupations (businesses
conducted in and out of a residence or apartment) are defined and must comply with certain conditions, as
follow:
18.06.430 Home occupation.
"Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in
which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a member of the family residing within
the dwelling place; provided, that:
There shall be no change in the outside appearance of the surrounding residential development;
No home occupation shall be conducted in any accessory building;
Traffic generated by such home occupations shall not create a nuisance;
No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odor, or electrical interference detectable to the normal senses off the lot;
The business involves no more than one person who is not a resident of the dwelling; and
An off street parking space shall be made available for any non resident employee.
Signature
Title /Position
Contact Phone Number(s)
Date Address
City State Zip Code
Page 3 of 3
105
106
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
October 18, 2011— 5: 00 p. m.; Conference Room #3
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Peggy McCarthy, Jennifer Ferrer, Derek Speck, Mary Miotke, Stephanie Brown, Jack Pace,
Mike Villa, Gail Labanara and Kimberly Matej
Guests: Ellen Gengler, resident; and Scott Plack, Group Health Cooperative
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Business Licensing and Revenue Generating Regulatory License Fee
Staff is seeking Council approval of the following items relative to Business Licensing and/or the
Revenue Generating Regulatory License Fee:
Ordinance: Business License Relating to Housekeeping Items
Staff is seeking Council approval of an ordinance that will make housekeeping changes to the current
Business License ordinance. Last year, the Finance Department assumed the responsibilities of business
licensing from the City Clerk's Office. The proposed modifications are summarized below:
Change all references from City Clerk designation to Finance Director and/or Department as
appropriate.
Remove section relative to Trailer Park Establishments as the Code is outdated and no longer
needed.
Other operational efficiencies including, but not limited to: requiring a UBI number and mirroring
sections relative to cabarets for clarity and consistency.
Committee Members were in agreement regarding the above proposed changes. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
Ordinance: Combined Fee Business License Revenue Generating Regulatory Licensing (RGRL)
Staff is seeking Council approval of an ordinance that implements a combined business license and
RGRL fee of $67 per full -time equivalent (FTE). Per direction and requests given at the September 7,
2011, Finance Safety Committee meeting, staff has conducted public outreach regarding this proposed
change including: a presentation at the Chamber, direct mail, utility billing inserts and information made
available via the City website.
Staff received 11 written comments from the above outlined outreach, with both negative and positive
comments regarding the fee combination as well as general comments about the RGRL implementation.
Implementation of a combined fee will benefit over 70% of Tukwila businesses which will be paying less
than last year's total assessment for the business license and RGRL fees.
In addition to assessing this $67 structured fee, which offers ease of application, uniformity and
proportionality, staff is proposing the ordinance be amended to specifically exempt court interpreters from
107
Finance Safety Committee Minutes
October 18, 2011— Pane 2
this combined fee. Court interpreters have been exempt from similar fees in the past and staff
recommends continuing this process via an exemption in the ordinance.
After the above discussion, Peggy McCarthy, Interim Finance Director, commented that staff has
identified some administrative changes that she recommends making to the ordinance that do not affect
the substance of the ordinance, but merely simplifies and adds clarity to application and implementation
of the Code. Although those changes were not available for Committee review, Committee Members
,agreed that these non substantive changes could be submitted to the October 24 COW for review and
discussion. Committee Chair Hougardy requested that Finance staff include an example of the new
Business License/RGRL application form in the upcoming Council agenda packet. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
Update: Non Profit Status and the RGRL
As an information only item, staff returned to Committee for additional discussion of RGRL fee impacts
and the exemption .of non profit businesses. As the initial requestor of this information, Committee
Member Robertson requested that this item be tabled until a time when this exemption represents a
significant revenue issue to the City. The item was the removed from additional discussion.
INFORMATION ONLY, NO FURTHER DISCUSSION AT THIS TIME.
B. Resolution: Cancellation of Past Due Outstanding Warrants
Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which
will be reported to the Washington State Department of Revenue by November 1, 2011. This includes the
cancellation of outstanding General Fund Claims and Payroll Checks, Municipal Court Checks and Foster
Golf Gift Cards.
This year's cancellations total $1,800.90. All cancellations will be remitted to the Washington State
Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO
OCTOBER 24 COW FOR DISCUSSION.
C. Resolution: Non Represented Emplovee 2012 Wa 2e and Benefit Package
Staff is seeking full Council approval of a resolution regarding Non Represented Employee Wages and
Benefits for 2012. Staff and Mayor Haggerton are recommending a 3% increase to non represented
positions A, B, C and D61 level employees, a market adjustment for non represented positions D62 -F102,
and a benefit reduction of City medical contributions from 10% to 8
After a lengthy discussion, Committee Members requested staff research the information below, provide
details and return to a future Finance Safety Committee meeting for additional discussion:
Provide, in table format, a summary of all unions, appropriate contracts durations and significant
cost compensation issues;
Provide, in table format, position/job comparables for other cities and benefit summaries;
Provide an example of a monetary figure being passed on to the non represented employee
related to the benefit reduction of City medical contributions from 10% to 8
Committee Member Robertson expressed his desire to consider a long -term compensation strategy in
which the City reviews and considers all employees city -wide as compared to reviewing represented and
non represented groups separately and at different times of the year. RETURN TO COMMITTEE
WITH ADDITIONAL INFORMATION.
D. Ordinance: Council Compensation
The current ordinance setting Council compensation is set to expire on December 31, 2011, and in
response staff has prepared a draft ordinance setting the Council compensation schedule through
December 15, 2015.
im- N,
COUNCIL AGENDA SYNOPSIS
Meetigr Date
Prepared by
10/24/11
PM
11/07/11
PM
Initial. I TEM NO.
Mayors review Corencilreview
OW
i 4.F.
ITEM INFORMATION
I CAS Numiij- "R: STArr SI1oNSOR: PEGGY MCCARTHY ORIG INA]. AGI- DA'rl 10/24/11
AGI ?NDA ITT I TITLE? A resolution authorizing the cancellation of abandoned or unclaimed property for
2011.
C.1 I (.;()RY ®Dhwu.rriorr Motion Re.rolulion Ordinance ❑Bid Award 1- Other
Vltg .Date 10/24/11 A7tg Date MIS Date 11/07/11 AZtg Date ALtg Date Mtg Date Mtg Date
SPONSOR ❑Council 1Vlayor _AdTn Sws DCD Finance .Fire Lebal P &R Police PW
SPONSOR'S The resolution authorizes the cancellation of abandoned funds (unclaimed property). The
Su "-rn-IAR)" unclaimed property will be reported and remitted to the Department of Revenue (DOR)
Unclaimed Property Section, and made available to the responsible party through the
State. This is an annual process authorizing remittance of unclaimed property to the State.
The Council is being asked to approve the resolution for cancellation of unclaimed
oronerty.
RI',vII.0 I ?D Rl' cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/18/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
C0�,,4. \41'rI'F1V Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
E \PI ?NDITURF RI ?`UII21 D
Fund Source:
Canrnenls:
MTG. DATE
10/24/11
AMOUNT BUDGETED
APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
I MTG. DATE I ATTACHMENTS
10/24/11 Informational Memorandum dated 10/05/11
Resolution in Draft Form
Attachment A DOR Unclaimed Property Reporting
2011 Unclaimed Property Summary Detail Report
Minutes from Finance and Safety Committee meeting of 10/18/11
11/07/11
109
110
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Peggy McCarthy, Acting Finance Director
Finance Department
DATE: October 5, 2011
SUBJECT: A resolution authorizing the cancellation of outstanding claims, payroll
checks, etc.
ISSUE
Annual write -off of outstanding and unredeemed General Fund, 411 Foster Golf Fund, and 501
Equipment Rental Fund accounts payable claims and payroll checks, and Municipal Court
checks.
BACKGROUND
Each year, the City of Tukwila holds abandoned or unclaimed property that is owed either to
individuals or business vendors that must be reported by November 1 st to the Washington State
Department of Revenue Unclaimed Property Section. All local governments are required to
report all unclaimed property except unclaimed restitution. Unclaimed restitution is submitted to
the County Treasurer who is required to report and send the funds to the State Treasurer for the
Crime Victims Fund each year.
The dormancy or abandonment period of all accounts payable claims and payroll checks is one
year; and Municipal Court checks have an abandonment period of two years.
Current Finance Department policy dictates that all abandoned or unclaimed property be
reported and remitted annually to the Washington State Department of Revenue Unclaimed
Property Section through the Council approved resolution process. The advantages to the City
for remitting the funds annually to the Department of Revenue are as follows:
Property remitted by the City is indemnified
The City is no longer responsible for the tracking of funds
There is little -to -no research or contact with claimants by the City as this is now
maintained through the Department of Revenue
DISCUSSION
The annual proposed resolution totaling $1,800.90 reflects amounts deemed as abandoned or
unclaimed property. For the 2011 unclaimed property report year, remittance of abandoned
General Fund Accounts Payable claims checks total $484.40; payroll checks total $561.22;
Municipal Court checks total $312.00; 411 Fund payroll checks total $359.51; and 501 Fund
claims checks total $83.77.
111
INFORMATIONAL MEMO
Page 2
To the extent possible, those individual property owners with unclaimed accounts payable
claims, payroll, and /or Municipal Court checks of $50.00 or more, have been notified by the City
through the "good faith" effort of being served due diligence letters. These individual property
owners have either not responded to the due diligence notifications and /or cannot be located in
order to claim their property.
RECOMMENDATION
The attached proposed resolution and its attachments will authorize the annual cancellation of
unclaimed General Fund, 411 Foster Golf, and 501 Equipment Rental accounts payable
claims /payroll checks, and Municipal Court checks.
By way of this informational memo being presented to members of the Finance Safety
Committee this day, please forward as follows:
Committee of the Whole Meeting scheduled for October 24, 2011
Regular Council Meeting scheduled for November 7, 2011
ATTACHMENTS
Proposed Draft Resolution
2011 Attachment "A" to Resolution
2011 Unclaimed Property Summary Detail Report
W:12011 Info Memos Council \UnclaimedPropertyRes.doc
112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION
OF OUTSTANDING GENERAL FUND CLAIMS AND PAYROLL
CHECKS, MUNICIPAL COURT CHECKS, 411 FUND FOSTER
GOLF PAYROLL CHECKS, AND 501 FUND EQUIPMENT
RENTAL CLAIMS CHECKS.
WHEREAS, the State of Washington, Department of Revenue Unclaimed Property
Section, for the reporting and remittance year 2011, requires a one -year dormancy
period for outstanding claims and payroll checks issued from the General Government,
411 Foster Golf and 501 Equipment Rental Funds, and a two -year dormancy period for
municipal court checks; and
WHEREAS, the City of Tukwila Finance Department has made all reasonable
attempts to resolve the outstanding, unredeemed General Fund, 411 Fund and 501
Fund claims and payroll checks, and municipal court checks; and
WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding,
unclaimed General Fund, 411 Fund, and 501 Fund claims and payroll checks issued
prior to July 1, 2010, and municipal court checks issued prior to July 1, 2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council authorizes the cancellation of General Fund, 411 Fund
and 501 Fund claims and payroll checks, and municipal court checks, as detailed on
Attachment A and the 2011 Unclaimed Property Summary Detail Report.
W: \Word Processing \Resolutions \Cancellation of outstanding claims and checks 10 -5 -11
LJ:bjs Page 1 of 2
113
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Allan Ekberg, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment A: WA State Department of Revenue 2011 Unclaimed Property Reporting,
including 2011 Unclaimed Property Summary Detail Report
W: \Word Process ing \Resolutions \Cancellation of outstanding claims and checks 10 -5 -11
LJ:bjs
Page 2 of 2
114
Attachment "A"
411- Foster Golf Course
Payroll #521690 02/19/10
Donald McConnaughey
Total 411 Fund Payroll Checks:
501- Equipment Rental Fund
Claims #350113 11/16/09
Report and remittance summary
Radio Communications Svcs -King County
Total 501 Fund Claims Checks:
GRAND TOTAL:
Total Claims, Payroll, and all other Municipal Court Checks to
WA State DOR
Municipal Court Restitution, Check Nos. 13194, 13513, 13191, remittance
to County Treasurer
Grand Total to be Reported Remitted to WA State DOR/County Treasurer.
AMOUNT
$384.40
100.00
$484.40
$86.22
475.00
$561.22
$0.00
150.00
100.00
62.00
$312.00
$1,357.62
$359.51
$359.51
$83.77
$83.77
$1,800.90
$1,488.90
312.00
$1,800.90
I
115
WA State Department. of Revenue
2011 Unclaimetl,Property ing
ID NUMBER
DATE
VENDOR
000 General Fund
Claims
Various
Various
Aggregate- Various (Claims Checks under $50)
#354060
06/21/10
Mission Increase Foundation
Total General Fund Claims Checks
Payroll
#522143
05/20/10
Brian Allen
521096
12/04/09
Sound Credit Union
Total General Fund Payroll Checks
Municipal
Various
Various
Aggregate- Various (Court Checks under $50)
Court
#13194
07/03/08
Jose Varva (Restitution -County Treasurer)
13513
03/23/09
Benjamin Smith (Restitution -County Treasurer)
13191
07/02/08
Ali Abokor (Restitution -County Treasurer)
Total Municipal Court Checks
General Fund Grand Total All Checks:
411- Foster Golf Course
Payroll #521690 02/19/10
Donald McConnaughey
Total 411 Fund Payroll Checks:
501- Equipment Rental Fund
Claims #350113 11/16/09
Report and remittance summary
Radio Communications Svcs -King County
Total 501 Fund Claims Checks:
GRAND TOTAL:
Total Claims, Payroll, and all other Municipal Court Checks to
WA State DOR
Municipal Court Restitution, Check Nos. 13194, 13513, 13191, remittance
to County Treasurer
Grand Total to be Reported Remitted to WA State DOR/County Treasurer.
AMOUNT
$384.40
100.00
$484.40
$86.22
475.00
$561.22
$0.00
150.00
100.00
62.00
$312.00
$1,357.62
$359.51
$359.51
$83.77
$83.77
$1,800.90
$1,488.90
312.00
$1,800.90
I
115
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118
Finance Safety Committee Minutes
October 18.2011— Pace 2
this combined fee. Court interpreters have been exempt from similar fees in the past and staff
recommends continuing this process via an exemption in the ordinance.
After the above discussion, Peggy McCarthy, Interim Finance Director, commented that staff has
identified some administrative changes that she recommends making to the ordinance that do not affect
the substance of the ordinance, but merely simplifies and adds clarity to application and implementation
of the Code. Although those changes were not available for Committee review, Committee Members
agreed that these non substantive changes could be submitted to the October 24 COW for review and
discussion. Committee Chair Hougardy requested that Finance staff include an example of the new
Business License/RGRL application form in the upcoming Council agenda packet. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
Update: Non Profit Status and the RGRL
As an information only item, staff returned to Committee for additional discussion of RGRL fee impacts
and the exemption of non profit businesses. As the initial requestor of this information, Committee
Member Robertson requested that this item be tabled until a time when this exemption represents a
significant revenue issue to the City. The item was the removed from additional discussion.
INFORMATION ONLY, NO FURTHER DISCUSSION AT THIS TIME.
B. Resolution: Cancellation of Past Due OutstandinL Warrants
Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which
will be reported to the Washington State Department of Revenue by November 1, 2011. This includes the
cancellation of outstanding General Fund Claims and Payroll Checks, Municipal Court Checks and Foster
Golf Gift Cards.
This year's cancellations total $1,800.90. All cancellations will be remitted to the Washington State
Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO
OCTOBER 24 COW FOR DISCUSSION.
C. Resolution: Non Represented Emnlovee 2012 Wale and Benefit Package
Staff is seeking full Council approval of a resolution regarding Non Represented Employee Wages and
Benefits for 2012. Staff and Mayor Haggerton are recommending a 3% increase to non represented
positions A, B, C and D61 level employees, a market adjustment for non represented positions D62 -1
and a benefit reduction of City medical contributions from 10% to 8
After a lengthy discussion, Committee Members requested staff research the information below, provide
details and return to a future Finance Safety Committee meeting for additional discussion:
Provide, in table format, a summary of all unions, appropriate contracts durations and significant
cost compensation issues;
Provide, in table format, position/job comparables for other cities and benefit summaries;
Provide an example of a monetary figure being passed on to the non represented employee
related to the benefit reduction of City medical contributions from 10% to 8
Committee Member Robertson expressed his desire to consider a long -term compensation strategy in
which the City reviews and considers all employees city -wide as compared to reviewing represented and
non represented groups separately and at different times of the year. RETURN TO COMMITTEE
WITH ADDITIONAL INFORMATION.
D. Ordinance: Council Compensation
The current ordinance setting Council compensation is set to expire on December 31, 2011, and in
response staff has prepared a draft ordinance setting the Council compensation schedule through
December 15, 2015.
119
lI
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Dale Prepared by Mayor'r review Coutrc#review
10/24/11 I PM
11/07/11 I PM I I I 4.G.
I I I
ITEM INFORMATION
CAS NuN4BFIR: SAFT' SPONSOR: PEGGY MCCARTHY 01tl(',INA1,AGI� "NDA DA 10/24/11
A(d NDA ITHAN f Trrl,r, Ordinance setting Councilmember compensation for the period 1/1/2012 through
12/31/2015
G\ Discussion Motion Resolution Ordinance BidAxard Public 1--leatzna Otlyer
A4tg Date 10124111 Alt,g Date Altt Date A4tg Date 11/7/11 Altt Date Allg Date All Date
SPONSOR Council Mayor HR DCD .Finance .Fire IT P6-'R Police PIY/
SPC�NSOIt's Ordinance 2192 setting Councilmember compensation will expire on December 31, 2011.
Sunlna,�lzY A new ordinance is required to enable staff to process Councilmember pay subsequent to
this sunset date.
RI?v11-;W1 BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/18/11 COMMI"T"TEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance
CO�lIN41 r1.,1 Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EtPI'.N1�1'1'URI, REc)U1RED AMOUNT BUDGETED APPROPRIATION REQUIRED
$88,200 $88,200 $0
Fund Source: 000
Comments: No change in dollar amount since 2005
MTG. DATE j RECORD OF COUNCIL ACTION
10/24/11
11/7/11
MTG.DATEI ATTACHMENTS
10/24/11 Informational memorandum dated 10/10/11
Draft Ordinance
TMC Chapter 2.05 Council Compensation
Minutes from the Finance and Safety Committee meeting of 10/18/11
11/7/11
121
122
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT
ISSUE
Mayor Haggerton
Finance and Safety Committee
Peggy McCarthy, Interim Finance Director
October 10, 2011
Council Compensation
Establish Council compensation for the period January 1, 2012 through December 31, 2015.
BACKGROUND
City Ordinance 2192, setting Councilmember compensation, will expire on December 31, 2011.
A new ordinance is required to provide city staff the ability to process Councilmember pay
subsequent to this sunset date. Tukwila Municipal Code (TMC) 2.05.010 (B) states "At any time
the Tukwila compensation falls below the mean of the other Valley Communication cities,
Tukwila will review the stipends and may increase its stipend to the level of those other cities."
Also, the Washington State Constitution prohibits elected officials who set their own
compensation (versus a Salary Commission) from receiving increases (or decreases) in
compensation during their terms of office.
DISCUSSION
The annual stipend of the Council is currently $12,600, or $1050 per month, and has been at
this level since 2005. The mean annual stipend of the other Valley Communication cities for
2011 is $12,663, as follows:
Valley Communication City
City of Auburn
City of Federal Way
City of Kent
City of Renton
Total
Number of other cities
Mean Annual Stipend
RECOMMENDATION
Annual Stipend
$11,700
13,800
13,752
11.400
$50,652
4
$12.663
Information Source
Website budget document
Email from Finance Director
Website budget document
Website budget document
The Council is being asked to consider this item at the October 24, 2011 Committee of the
Whole meeting and subsequent November 7, 2011 Regular Meeting.
ATTACHMENTS
A. Draft Ordinance
B. TMC Chapter 2.05 Council Compensation
W' \2011 Info Memos- CoundhCouncil Compensation 2.docx
123
124
F� F_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE CHAPTER 2.05 TO FIX THE AMOUNT OF COMPENSATION
AT THE CURRENT LEVEL (2011) FOR COUNCILMEMBERS
THROUGH 2015; REPEALING ORDINANCE NO. 2192; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2192 set Council compensation levels for the years
2007 through 2011; and
WHEREAS, the City Council recognizes that the current economy warrants a
conservative compensation that does not rise beyond the current scale; and
WHEREAS, a uniform stipend ensures that all Councilmembers receive the same
salary for several years;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 2.05 of the Tukwila Municipal Code is hereby amended to read
as follows:
2.05.010 Council Compensation
A. Monthly compensation levels. Pursuant to the provisions of RCW
35A.12.070, members of the Tukwila City Council shall receive the following monthly
compensation during the years listed here according to their position and the date their
term of office commences:
W: Word Processing \Ordinances \Compensation for Councilmembers 10 -7 -11
PM:bjs Page 1 of 2
125
POSITIONS 2, 4, 6
1/1/08 12/31 /11
(current term of office)
and 1/1 /12 —12/31 /15
*$1, 050 /month
$1,050 /month
$1,050 /month
$1,050 /month
*New Council term commences on January 1.
B. Compensation review. At any time the Tukwila Council compensation falls
below the mean of the other Valley Communication cities, Tukwila will review the
stipends and may increase its stipend to the level of those other cities.
Section 2. Repealer. Ordinance No. 2192 is hereby repealed.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 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:
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Page 2 of 2
M
POSITIONS 1, 3, 5, 7
1/1/10 —12/31/13
YEAR
(current term of office)
and 1/1114 —12/31 /17
2012
$1,050 /month
2013
$1,050 /month
2014
*$1,050 /month
2015
$1,050 /month
POSITIONS 2, 4, 6
1/1/08 12/31 /11
(current term of office)
and 1/1 /12 —12/31 /15
*$1, 050 /month
$1,050 /month
$1,050 /month
$1,050 /month
*New Council term commences on January 1.
B. Compensation review. At any time the Tukwila Council compensation falls
below the mean of the other Valley Communication cities, Tukwila will review the
stipends and may increase its stipend to the level of those other cities.
Section 2. Repealer. Ordinance No. 2192 is hereby repealed.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 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:
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Page 2 of 2
M
TUKWILA MUNICIPAL CODE
4. Community Affairs and Parks Committee, which
shall consider matters related to the planning of the physical,
economic, aesthetic, cultural and social development of the
City; and Comprehensive Plan, Zoning Code, Building Code,
code enforcement, Sign Code and annexation policies, in
coordination with the Department of Community Development,
Human Services, Planning Commission, Hearing Examiner,
Sister Cities Committee, Human Services Advisory Board, and
the Equity and Diversity Commission. They shall consider mat-
ters relating to parks and park plans, recreation facilities and
community activities, in coordination with the Parks and
Recreation Department, the Arts Commission, and Park Com-
mission.
B. The Council President may establish such ad hoc
committees as may be appropriate to consider special matters
that do not readily fit the standing committee structure or that
require special approach or emphasis. The Council President
shall appoint Council representatives to intergovernmental
councils, boards and committees as needed.
C. Council committees shall consider all matters re-
ferred. Each committee chair shall report to the Council the
findings of the committee. Committees may refer items to the
Council with no committee recommendation.
D. Each committee chair may review and approve
his /her committee agenda and will approve committee minutes
before distribution. The committee chair can authorize the can-
cellation of a committee meeting. An affirmative vote of three
members of Finance and Safety Committee is required when
the committee approves unbudgeted items.
(Ord, 2024 §1(pa 2003)
204190 Filling Council Vacancies
If a vacancy occurs in the office of Councilmember, the
Council will follow the procedures outlined in RCW
35A.12.050. In order to fill the vacancy with the most qualified
person available until an election is held, the Council will wide-
ly distribute and publish a notice of the vacancy, the procedure
and any application form for applying. The Council will draw
up an application form, which contains relevant information to
answer set questions posed by the Council. The application
forms will be used in conjunction with an interview of each
candidate to aid the Council selection of the new Council
member.
(Or 2024 §1(part), 2003)
Page 2 -6
Sections:
2.05.010 Compensation
2.05.010 Council Compensation
A. Monthly compensation levels Pursuant to the provi-
sions of RCW 35A.12.070, members of the Tukwila City Coun-
cil shall receive the following monthly compensation during the
years listed here according to their position and date their term
of office commences:
I POSITIONS 1, 3, 5, 7
POSITIONS 2, 4, 6
1/l/06-12/31/09
1 /l /04 -12/31 /07
YEAR (current term of office) and
(current term of office) and
1/l/10-12/31/13
1 /l /08 -12/31 /11
2008 $1,050 /month
'$1,050 /month
2009 $1,050 /month
$1,050 /month
2010 *$1,050 /month
$1,050 /month
2011 $1,050 /month
$1,050 /month
New Council term commences on January 1.
B. Compensation review At any time the Tukwila
Council compensation falls below the mean of the other Valley
Communication cities, Tukwila will review the stipends and
may increase its stipend to the level of those other cities.
(Ord. 2992 1, 2007
Produced by the City of Tukwila, City Clerk's Office
127
l�
Finance Safety Committee Minutes
October 18, 2011- Pane 2
this combined fee. Court interpreters have been exempt from similar fees in the past and staff
recommends continuing this process via an exemption in the ordinance.
After the above discussion, Peggy McCarthy, Interim Finance Director, commented that staff has
identified some administrative changes that she recommends making to the ordinance that do not affect
the substance of the ordinance, but merely simplifies and adds clarity to application and implementation
of the Code. Although those changes were not available for Committee review, Committee Members
agreed that these non substantive changes could be submitted to the October 24 COW for review and
discussion. Committee Chair Hougardy requested that Finance staff include an example of the new
Business License/RGRL application form in the upcoming Council agenda packet. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
Update: Non Profit Status and the RGRL
As an information only item, staff returned to Committee for additional discussion of RGRL fee impacts
and the exemption of non profit businesses. As the initial requestor of this information, Committee
Member Robertson requested that this item be tabled until a time when this exemption represents a
significant revenue issue to the City. The item was the removed from additional discussion.
INFORMATION ONLY, NO FURTHER DISCUSSION AT THIS TIME.
B. Resolution: Cancellation of Past Due Outstanding Warrants
Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which
will be reported to the Washington State Department of Revenue by November 1, 2011. This includes the
cancellation of outstanding General Fund Claims and Payroll Checks, Municipal Court Checks and Foster
Golf Gift Cards.
This year's cancellations total $1,800.90. All cancellations will be remitted to the Washington State
Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO
OCTOBER 24 COW FOR DISCUSSION.
C. Resolution: Non Represented Emnlovee 2012 Wale and Benefit Package
Staff is seeking full Council approval of a resolution regarding Non Represented Employee Wages and
Benefits for 2012. Staff and Mayor Haggerton are recommending a 3% increase to non represented
positions A, B, C and D61 level employees, a market adjustment for non represented positions D62 -F102,
and a benefit reduction of City medical contributions from 10% to 8
After a lengthy discussion, Committee Members requested staff research the information below, provide
details and return to a future Finance Safety Committee meeting for additional discussion:
Provide, in table format, a summary of all unions, appropriate contracts durations and significant
cost compensation issues;
Provide, in table format, position/job comparables for other cities and benefit summaries;
Provide an example of a monetary figure being passed on to the non represented employee
related to the benefit reduction of City medical contributions from 10% to 8
Committee Member Robertson expressed his desire to consider a long -term compensation strategy in
which the City reviews and considers all employees city -wide as compared to reviewing represented and
non represented groups separately and at different times of the year. RETURN TO COMMITTEE
WITH ADDITIONAL INFORMATION.
D. Ordinance: Council Compensation
The current ordinance setting Council compensation is set to expire on December 31, 2011, and in
response staff has prepared a draft ordinance setting the Council compensation schedule through
December 15, 2015.
W-W
Finance Safety Committee Minutes October 18, 2011- Paae 3
Council compensation is currently, and has been $1,050 per month, since 2005. A comparison of
compensation for elected councilmembers in other cities (Valley Communication cities) shows that
compensation of Tukwila City Councilmembers falls below the current mean of comparable cities by
$63.00 annually. Per Tukwila Municipal Code, this stipend may be reviewed and increased, as
appropriate, to the level of said (Valley Communications) cities.
Staff has prepared a draft ordinance maintaining the current Council commendation level, without
increase. Two Committee Members concur with the draft ordinance as submitted. The third Committee
Member has expressed the desire to forward this item without recommendation and defer to full Council
discussion. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 6:53 p.m.
Next meeting: Tuesday, November 8, 2011 5:00 p.m. Conference Room #3
Committee Chair Approval
Min t s by KAM.
WE
Upcoming Meetings Events
October November 2011
24th (Monday)
Community
Affairs Parks
Cmte,
5: 00 PM
(CR #3)
City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
25th (Tuesday)
Utilities Cmte,
5:00 PM
(CR #1)
City Council
Budget Work
Session
6:00 8:00 PM
(Tukwila
Community Center
Meeting Room B)
Public Meeting
Link Light Rail
Noise
6'00 8:00 PM
(Council
Chambers)
31st (Monday) 1st (Tuesday)
Chamber of
Commerce
Gov't.
Community
Affairs Cmtd,
12:00 NOON
(Chamber
Ofce)
Arts
Commission
5:30 PM
(Community
Center)
26th (Wednesday)
27th (Thursday)
28th (Friday)
COPCAB,
Planning
Metropolitan
6:30 PM
Commission,
Park District
(CR 45)
6:30 PM
Visioning
(Council
Chambers)
Session
5:00 7:00 PM
Auiurm
H arvest
Harvest
Community
Gamjval
Center —Arts
Room A)
��T fs'
t u
6:00 8:00 PM
Tukwila
Community
Center
$3.00 1child in
advance
$5.00 1child at
door
Parents must
accompany
their children.
Concessions will
be available.
2nd (Wednesday) 3rd (Thursday) 4th (Friday)
Equity
Diversity
Commission,
5:15 PM
(CR #3)
29th (Saturday)
Tukwila Int'l.
Blvd. Action
Cmte's
Trash Pickup Day
9:00 10:00 AM
For location contact
Rick at
rick @forschler.org
5th (Saturday)
➢Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner a1206- 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 206- 433 -1831.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 (A) Parks Recreation Events Calendar. (B) A
resolution regarding Golf Course fees. (C) Permit Tracking System Replacement.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175).
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 433 1850.
➢Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3.
➢Human Services Advisory Brd: 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.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kert_man at 206 -575 -2489.
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, 5:30 PM, Tukwila Community Center. Contact Tracy Gallaway at 206- 767 -2305.
➢Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 1 10125111 meeting has been cancelled.
131
November 7
Unfinished Business:
An ordinance
repealing Ordinance
No. 2332 and
amending Ordinance
No. 2287 to modify
the definition of Crisis
Diversion Facilities.
A funding agreement
for the Commute Trip
Reduction Program.
An ordinance
regarding a boundry
revision on 53
Avenue South from
South 170 Street to
South 172 ^d Lane.
An ordinance relating
to business license
housekeeping items.
An ordinance
combining RGRL and
business license fees
to create a combined
license fee.
A resolution
authorizing the
cancellation of
outstanding claims,
payroll checks, etc.
An ordinance
regarding Council
Compensation.
14 21 28
Special Presentations:
Certified Municipal
Clerk Recognition
awarded to Melissa
Hart, Deputy City
Clerk.
132