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HomeMy WebLinkAboutReg 2024-09-16 Item 5C - Ordinance - Fire Impact Fee Schedule / Parks Impact Fee ScheduleCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/16/24 DR ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 9/16/24 AGENDA ITEM TITLE FY25 Park & Fire Impact Fee Schedule Updates CATEGORY ❑ Discussion Altg Date ❑ Motion Altg Date ❑ Resolution Altg Date ® Ordinance Mfg Date 9/16/24 ❑ Bid Award Mug Date ❑ Public Hearing Mtg Date ❑ Other Altg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ® Pe R ❑ Police ❑ PW SPONSOR'S SUMMARY The Parks and Fire Impact Fee Schedules require annual updates per TMC Sections 16.26 & 16.28. Update of the fee schedules requires passage of an ordinance by the Tukwila City Council. City staff recommend the City Council approve both presented ordinances as written so they may be signed into law by the mayor and the resultant fee adjustments become active on Janaury 1, 2025. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 8/26/24 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation/Finance COMMITTEE Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: FUNDS 301, 304, & 305 Comments: Impact fees support the Park Development, Fire Improvement, & PSP funds MTG. DATE RECORD OF COUNCIL ACTION 9/16/24 MTG. DATE ATTACHMENTS 9/16/24 Informational Memorandum dated 6/25/24 Proposed Ordinance for Fire Impact Fees schedule update Proposed Ordinance for Parks Impact Fees schedule update Full Construction Cost Index Data for Seattle (June 2022 - June 2024) & Calculations Revenue History for Park & Fire Impact Fees (2020 - 2024 YTD) Minutes from the 8/26 Finance & Governance Committee meeting 7 8 TO: City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM Finance & Governance Committee FROM: Tony Cullerton, Interim Finance Director David Rosen, Parks & Recreation Analyst DATE: June 25, 2024 SUBJECT: Fiscal Year 2025 Parks & Fire Impact Fees Updates ISSUE Per TMC 16.26.080 and 16.28.080, the Fire and Park Impact Fee Schedules are to be updated annually with the resultant schedule changes becoming effective January 1 of each year. The last updates were made via Ordinance 2708 for Fire Impact Fees and Ordinance 2709 for Park Impact Fees, approved by City Council in August of 2023, creating the 2024 Fire Impact Fee Schedule in Figure 16-1 "Fee Schedule" as Exhibit B to Ordinance 2708 and the 2024 Parks Impact Fee Schedule in Figure 16-1 "Fee Schedule" as Exhibit B to Ordinance 2709. Staff seeks to update the Fire and Park Impact Fee schedules for 2025 to include revised rate structures reflecting current economic conditions. BACKGROUND Fire and Park Impact Fees are one-time charges assessed against a new development project as a means of helping pay for public facilities that will be needed to address increased demand for services created by the development itself. Fire Impact Fees support the development of facilities related to and the purchase of capital items for fire response services. Park Impact Fees support the acquisition and development of parks, trails, natural areas, and recreation facilities. The developer of a proposed residential or commercial development pays the impact fees at the time a building permit is issued. ANALYSIS Authority to impose these fees is granted via Revised Code of Washington (RCW) as well as the Washington Administrative Code (WAC). While no RCW or WAC exists that imposes any restrictions on or creates any requirements concerning how a city updates its fee schedule, the City has adopted an index to inform the updating of fees. TMC 16.26.080 (1) for Fire Impact Fees and TMC 16.28.080 (1) for Park Impact Fees require the use of the Construction Cost Index for Seattle (June -June) published by the Engineering News Record to calculate annual inflation adjustments in the impact fee rates. The index uses the following components for its calculations: • Seattle price for portland cement • Seattle price for 2X4 lumber • National average price for structural steel • Local union wages plus fringes, for carpenters, bricklayers, and iron workers Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 9 Finance & Governance Committee June 25, 2024 Page 2 The table below reflects the Construction Cost Index (CCI) for Seattle from June 2022 to June 2024. Note: Due to rounding, the proposed fee increase may not be the same in terms of percentage change. Date CCI YoY % Change June 2024 15492.6 1.65 June 2023 15241.7 3.96 June 2022 14661.2 N/A Total Change 2022-2024 831.4 5.67% LEGAL CONSIDERATIONS In April of 2024, the Supreme Court of the United States (SCOTUS) decided on Sheetz v. County of El Dorado, California. Per the Municipal Research and Services Center RSC), this decision will have the effect of requiring the Nollan and Dolan test (Named after SC• cases Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994)) sly to permit conditions. This test requires that permit conditions: 1. Have a nexus to the government's land -use interes d 2. Be roughly proportional to the development's im on the land-u nterest In effect, the Sheetz ruling may require municipalities su the development of impact fees and their scheds, in or the requirements of Nollan and Dolan. City staff discussed the impacts of Shee that the inflationary updates to Park a with Ogden Murphy Wallace that t Washington already have the Nolla muster under these tests shouthey developments concerning t and other concerned en FINANCIAL IMPACT Fire and Park Impact Fees ar- 't „eneral fund revenue source; therefore, passage of these ordinances does not create any • eral fund cashflows. Also, due to impact fees only being earned when development occurs, the impact of approving these ordinances is indeterminate at this time. e prepared to demonstrate their work in successfully argue that said fees meet th th Attorney's Office, who determined at this time pa ees can proceed. It is the opinion of attorneys utes t enable impact fee programs within the State of uilt into them and would therefore likely pass bject to scrutiny. City staff will continue to monitor ongoing n in collaboration with the City Attorney's Office, MRSC, arise. RECOMMENDATION Department staff recommends the Finance & Governance Committee approve the proposed ordinances and forward them to the August 5th, 2024 Regular Council Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Ordinance for Fire Impact Fees (Includes proposed rate schedule) B --- Proposed Ordinance for Park Impact Fees (Includes proposed rate schedule) C --- Construction Cost Index Data (Seattle, WA June 2022 to June 2024) & FY25 Update Calculations D --- Fire & Park Impact Fee Historical Revenue (2015 — 2024 YTD) Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 TO UPDATE THE FIRE IMPACT FEE SCHEDULE AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.26 AS FIGURE 16-1, "FEE SCHEDULE"; REPEALING ORDINANCE NO. 2708; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2571 related to fire impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code ns 16.26.060, 16.26.070, and 16.26.080 provides direction on annual up es to fire i act fees; NOW, THEREFORE, UNCIL OF THE CITY OF TUKWILA, WASHINGTON, HERE = • R SAS FOLLOWS: Section 1. Re - : er. Or• - ncilo. 2708 is hereby repealed in its entirety. Section 2. Fire I hereby amended to upd Schedule," as attached her chedule Amended. Exhibit B to Ordinance No. 2571 is Fire Impact Fee Schedule codified as Figure 16-1, "Fee Section 3. Corrections by City Clerk or Code Reviser Authorized. 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. 2024 Legislation: Fire Impact Fees Version: 8/5/24 Staff: D. Rosen Page 1 of 3 11 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 January 1, 2025. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLe d, Mayor APPROVED AS TO FORM BY: Filed i the Clerk: by the Pa : Council: P ishe • ate: Or• ce Number: Office of the City Attorney Attachment: Updated Figure 1. , e Sc dule," for Fire Impact Fees (Exhibit B to Or 12 2024 Legislation: Fire Impact Fees Version: 8/5/24 Staff: D. Rosen Page 2 of 3 Figure 16-1 "Fee Schedule" Exhibit B CITY OF TUKWILA FIRE IMPACT FEE SCHEDULE (2025) RESIDENTIAL — per dwelling unit (a) Single family (d) with fire sprinkler system installed (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail (c) Office (c) Industrial/Manufacturing FIRE Impact Fee $ 2,363 2,402 $ 2,2212,258 $ 2,722 2,767 $ 2,647 2,691 $ 1,033 1,050 $ 221 225 Attached acc ory dwe g units are exempt from impact fees. A structure with ore t two dwelling units. See the more deti nd use descriptions in the Land Use Categories document. 6% discount for single family units with fire sprinkler system installed representing the portion of all incidents that were fire only —as opposed to emergency medical incidents. Per Section 16.26.120.B.9. of the Tukwila Municipal Code, "A fee payer installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee." 13 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 TO UPDATE THE PARKS IMPACT FEE SCHEDULE AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.28 AS FIGURE 16-1, "FEE SCHEDULE"; REPEALING ORDINANCE NO. 2709; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2572 related to parks impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code Sections 16.28.060, 16.28.070, and 16.28.080 provides direction on annual up es to park impact fees; NOW, THEREFORE, UNCIL OF THE CITY OF TUKWILA, WASHINGTON, HERE = • R SAS FOLLOWS: Section 1. Re - : er. Or• - ncilo. 2709 is hereby repealed in its entirety. Section 2. Parks is hereby amended to up Schedule," as attached her e Schedule Amended. Exhibit B to Ordinance No. 2572 Parks Impact Fee Schedule codified as Figure 16-1, "Fee Section 3. Corrections by City Clerk or Code Reviser Authorized. 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. 2024 Legislation: Parks Impact Fees Version: 8/5/24 Staff: D. Rosen Page 1 of 3 15 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 January 1, 2025. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLe d, Mayor APPROVED AS TO FORM BY: Filed i the Clerk: by the Pa : Council: P ishe • ate: Or• ce Number: Office of the City Attorney Attachment: Updated Figure 1. , e Sc dule," for Parks Impact Fees (Exhibit B to Or 2024 Legislation: Parks Impact Fees Version: 8/5/24 Staff: D. Rosen 16 Page 2 of 3 Figure 16-1 "Fee Schedule" Exhibit B CITY OF TUKWILA PARKS IMPACT FEE SCHEDULE (2025) RESIDENTIAL — per dwelling unit (a) Single family (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (C) Retail (C) Office (d) K-12 Educational Facilities (C) Industrial/Manufact (a) Attached acces (b) A structure with (c) See the more detai (d) 80% discount for K-1 nit . re exempt from impact fees. dwelling units. e descriptions in the Land Use Categories document. ational facilities. PARKS Impact Fee $ 3,773 3,835 $ 3,287 3,341 $ 1,726 1,754 $ 1,555 1,581 $ 312317 $ 863 877 17 EN R Cost Index - Seattle, WA YEAR 2024 June ED 15492.56 111 %CHG 1.6 2024 [ May 1 15495.06 1 3.1 2024 2024 April 15492.56 3.1 March 15477.56 2.5 , 2024 February 15475.06 2.6 2024 January 15311.86 1.2 2023 December 15174.36 0.4 2023 November 15337.56 0.9 2023 October 15335.06 0.9 2023 2023 September 15332.56 0.9 August 15171.86 2.0 2023 July 15174.36 115241.71 15030.95 15031.28 I 3.0 2023i 2023 2023 June i 4.0 May April 2.8 3.7 2023 March 15106.78 4.5 2023 February 15087.53 4.6 2023 January 15132.08 10.3 2023 December 15115.33 10.5 2023 November 15202.68 11.8 2023 2023 2023 October September August 2023 2022 July 15197.93 15202.41 14873.27 14738.6 14661.19 12.0 12.4 10.4 11.2 18 RESIDENTIAL — per dwelling unit (a) Single family (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail (C) Office (d) K-12 Educational Facilities (c) Industrial/Manufacturing New CCI — Base CCI % Increase = x 100 Base CCI 2024 2025 PARKS IMPACT FEES $ 3,773 $ 3,287 $ 1,726 $ 1,555 $ 312 $ 863 $ 3,835 $ 3,341 $ 1,754 $ 1,581 $ 317 $ 877 1.64% 1.64% 1.62% 1.67% 1.60% 1.62% 19 RESIDENTIAL — per dwelling unit (a) Single family (b) with fire sprinkler system installed (c) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail (c) Office (c) Industrial/Manufacturing % Increase = New CCI — Base CCI x 100 Base CCI 2024 2025 FIRE IMPACT FEES $ 2,363 $ 2,221 $ 2,722 $ 2,647 $ 1,033 $ 221 $ 2,402 $ 2,258 $ 2,767 $ 2,691 $ 1,050 $ 225 1.65% 1.67% 1.65% 1.66% 1.65% 1.81% 20 Park Impact Fee Revenue by Year (2020- 2024 YTD) $1.0M $0.8M $0.6M $0.4M $O.2M $0.0M Fire Impact Fee Revenue by Year (2020- 2024 YTD) 1.0M 0.8M 0.6M 0.4M 0.2M 0.0M .42M 0.11 M 2020 2021 2022 2023 2024 YTD 21 22 City of Tukwila City Council Finance & Governance Committee Meeting Minutes August26, 2024 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: De'Sean Quinn, Chair; Tosh Sharp, Jovita McConnell Staff Present: I. BUSINESS AGENDA Tony Cullerton, Brandon Miles, David Rosen, Mike Marcum A. Ordinance: Park & Fire Impact Fees Staff is seeking approval of an ordinance to update the Fire and Park Impact Fee schedules *for 2025 to include revised rate structures reflecting current economic conditions. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Lease Agreement: City Copiers Staff is seeking approval of a new 60-month equipment lease not to exceed $77,000 for copiers in Finance, City Clerk, Tukwila Community Center, and Public Works. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. C. General Fund Expenditure Report - July 2024 Staff presented the report. Item(s) for follow-up: Provide additional detail regarding animal control billing. Committee Recommendation Discussion only. MISCELLANEOUS The meeting adjourned at 6:04 p.m. DQ Committee Chair Approval 23