HomeMy WebLinkAboutReg 2025-08-18 COMPLETE AGENDA PACKETyJ1 A
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Tukwila City Council Agenda
❖ REGULAR MEETING ❖
Thomas McLeod, Mayor Counc//members.• ❖ Mohamed Abdi ❖ Armen Papyan
Marty Wine, City Administrator ❖ Jovita McConnell ❖ Dennis Martinez
Tosh Sharp, Council President ❖ Hannah Hedrick ❖ Verna Seal
N-SITE PRESENCE:
TUKWILA CITY HALL
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Monday, August 18, 2025; 7:00 PM
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS
including comment on
items both on and not on
the meeting agenda
Those wishing to provide public comments may verbally address the City
both on -site at Tukwila City Hall or via phone or Microsoft Teams for up to
inutes for items both on and not on the meeting agenda.
To provide comment via phone or icrosoft Tea s, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 p.m. on the
Council
5
meeting
the
date. Please clearly indicate that your message is for public comment during
meeting, and you will receive further instructions.
4. CONSENT AGENDA
a. Approval of Minutes: 8/4/25 (Regular Mtg.)
b. Approval of Vouchers
c. Authorize the Mayor to sign an Interlocal Agreement with
Water Resource Inventory Area (WRIA) 9 for Salmon Habitat
Recovery and water quality improvement in the Green River,
Duwamish River, and Central Puget Sound Watersheds.
[Reviewed and forwarded to consent by the Committee of the Whole
on 8/11/25.1
> Please refer to 8/11/25 C.O.W. packet <
Pg.1
5. UNFINISHED a. An ordinance amending various ordinances as codified Pg.3
BUSINESS throughout Tukwila Municipal Code (TMC) Chapter 5.04,
"Business Licenses & Regulations,"; Repealing TMC Sections
5.04.050, 5.04.080, and 5.04.105; Establishing TMC Sections
5.04.140 and 5.04.150; To amend the business license fees,
minimum threshold, and administrative provisions related to
business licensing.
6. NEW BUSINESS a. Authorize the Mayor to sign a contract with Facet NW for on- Pg.17
call planning and project services for the Critical Area
Ordinance update and salmon recovery through Local Planning
project, in an amount not to exceed $415,000 through
December 31, 2028 (funding coming to the City).
REGULAR MEETING
August 18, 2025
Page 2
7. REPORTS a. Mayor
b. City Council
c. Staff — City Administrator Report
Pg.33
8. MISCELLANEOUS
9. EXECUTIVE SESSION
10. ADJOURNMENT
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council
If you are in
please
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contact us at 206-433-1800 by 12:00 p.m. on the meeting date.
WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comments. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if
attending virtually and state your name clearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
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. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. City staff shall speak first and be allowed 15 minutes to make a presentation.
3. The applicant is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After City staff and the applicant have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: tt s:// .tu ila aov/e a ents/city-council/
COUNCIL A GRNDA SYNOPSIS
Initials
Meeting Date
Prepared (y
Mayor's review
Council review
08/04/25
JR
ITEM INFORMATION
ITEM No.
4.C.
STAFF SPONSOR: MIKE PERFETTI
ORIGINAL AGENDA DATE: 08/04/25
AGENDA ITEM TITLE WRIA 9 Interlocal Agreement (ILA) 2026-2034
CATEGORY Discussion
8/11 /25
Motion
Date8/18/25
7 Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg
SPONSOR Council ❑Mayor ❑HR EIDCD Finance Fire ❑T5 EIP&R ❑Police ®PIS ECourt
SPoNsoR's Tukwila has participated in this ILA since 2001 and is currently under a 2016 version that
SUMMARY expires at the end of 2025. Tukwila is represented at the Watershed Ecosystem Forum by
the Mayor. The City's cost share is based on population, assessed value and area. In 2025,
the City's 3.10% cost share amounted to $17,977. Council is being asked to authorize the
Mayor to sign the Interlocal Agreement.
REVIEWED BY ® Trans&Infrastructure C CommunitySvs/Safety ❑ Finance Comm. E Planning/Economic Dev.
❑ LTAC C Arts Comm. ❑ Parks Comm. E Planning Comm.
DATE: 07/28/25 COMMITTEE CHAIR: MOHAMED ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN.
Comm'
Public Works Department
I`IEE Unanimous Approval; Forward to the 08/11/2025 C.O.W. Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments: 2025-30 Regional Surface Water Partnerships CIP page
MTG. DATE
RECORD OF COUNCIL ACTION
08/11/25
Consensus to Forward to the 8/18/25 Regular Council Meeting Consent Agenda
MTG. DATE
ATTACHMENTS
08/11/25
Informational Memorandum dated 07/25/25
WRIA 9 Interlocal Agreement
Exhibit A: 2025 WRIA Based Cost Share: WRIA 9 Regional Watershed Funding
2025-30 Regional Surface Water Partnerships CIP page
Draft WRIA 9 ILA Presentation to City Council
Minutes from 07/28/25 Transportation and Infrastructure Services Committee Meeting
08/18/25
no attachments
1
2
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
8/11/25
AJS
8/18/25
An
ITEM INFORMATION
ITEM NO.
5.A.
STAFF SPONSOR: ADAM SCHIERENBECK
ORIGINAL AGENDA DATE: 8/11/25
AGENDA ITEM TITLE Business Licensing - Amendments to Chapter 5.04 TMC
CATEGORY Discussion
Mtg Date 8/11/25
Motion
Mtg Date 8/18/25
E Resolution
Mtg Date
Ordinance
Mtg Date 8/18/25
n Bid Award
Mtg Date
I- Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ®.Finance ❑ Fire ❑ P&R ❑ Police ❑ PIr
SPONSOR'S
SUMMARY
The Finance Department is seeking to amend Chapter 5.04 TMC pertaining to business
licensing. The recommended amendments align the code with current practice, create
administrative efficiencies, and strengthen enforcement of the City's business licensing
requirements. The amendments also include a change to the minimum threshold under
which the license fee is waived for nonresident businesses, as mandated by the
Washington State Business License Model Ordinance effective January 1, 2026.
REVIEWED BY
❑ Trans&infrastructure Svcs ❑ Community Svcs/Safety a Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE: 7/ 28/ 25
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: PAPYAN
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to 8/11/25 Committee of the Whole Mtg
COST IMPACT / FUND SOURCE
EXPENDI'T'URE REQUIRED AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
8/11/25
Consensus to Forward to the 8/18/25 Regular Council Meeting
MTG. DATE
ATTACHMENTS
8/11/25
Informational Memorandum dated 7/22/25
Draft Business License Ordinance - updated after 7/28 Finance & Governance Committee
2026 Business License Model Threshold Update (AWC Publication)
Minutes from 07/28/25 Finance & Governance Committee Meeting
8/18/25
Final Ordinance
3
•
Washington
rdinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; AMENDING VARIOUS ORDINANCES
AS CODIFIED THROUGHOUT TUKWILA MUNICIPAL CODE
(TMC) CHAPTER 5.04, "BUSINESS LICENSES &
REGULATIONS,"; REPEALING TMC SECTIONS 5.04.050,
5.04.080, AND 5.04.105; ESTABLISHING TMC SECTIONS 5.04.140
AND 5.04.150; TO AMEND THE BUSINESS LICENSE FEES,
MINIMUM THRESHOLD, AND ADMINISTRATIVE PROVISIONS
RELATED TO BUSINESS LICENSING; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2019, the City joined into a partnership with the Washington State
Department of Revenue (DOR) for administering City business license applications and
issuing City business license endorsements; and
WHEREAS, RCW 35.90.080 requires the City to adopt the mandatory provisions of
the model ordinance developed by Washington cities when imposing a general business
license requirement, including a minimum threshold under which a nonresident business
is relieved of the requirement to pay the business license fee, which will be amended
effective January 1, 2026; and
WHEREAS, additional amendments to the City's business licensing code will align
the code with current practice, create administrative efficiencies, and strengthen
enforcement of the City's business licensing requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.04.010 Amended. Ordinance Nos. 2315 §1 (part), 2333
§1, 2356 §1, 2381 §1, 2496 §1, 2544 §2, and 2588 §2, as codified at TMC Section 5.04.010,
"Definitions," are hereby amended to read as follows:
5.04.010 Definitions
For the purpose of this chapter, the following definitions shall apply:
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1. "Business," means all activities, occupations, trades, pursuits, or professions
located and/or engaged in within the City, with the object of gain, benefit or advantage to
the person engaging in the same or to any other person or class, directly or indirectly,
and includes nonprofit enterprises, whether or not an office or physical location for the
business lies within the City limits.
2. "Department," means Finance Department.
3. "Director," means the Finance Director or his or her designee.
4. "Engaging in business" means commencing, conducting, or continuing in business,
and also the exercise of corporate or franchise powers, as well as liquidating a business
when the liquidators thereof hold themselves out to the public as conducting such business.
a. This section sets forth examples of activities that constitute engaging in
business in the City and establishes safe harbors for certain of those activities so that a
person who meets the criteria may engage in de minimus business activities in the City
without having to pay a business license fee. The activities listed in this section are
illustrative only and are not intended to narrow the definition of "engaging in business" as
defined above. If an activity is not listed, whether it constitutes engaging in business in the
City shall be determined by considering all the facts and circumstances and applicable law.
b. Without being all inclusive, any one of the following activities conducted within
the City by a person, or its employee, agent, representative, independent contractor, broker
or another acting on its behalf constitutes engaging in business and requires a person to
register and obtain a business license:
(1) Owning, renting, leasing, maintaining, or having the right to use, or using,
tangible personal property, intangible personal property, or real property permanently or
temporarily located in the City.
(2) Owning, renting, leasing, using, or maintaining, an office, place of
business, or other establishment in the City.
(3) Soliciting sales.
(4) Making repairs or providing maintenance or service to real or tangible
personal property, including warranty work and property maintenance.
(5) Providing technical assistance or service, including quality control, product
inspections, warranty work, or similar services on or in connection with tangible personal
property sold by the person or on its behalf.
(6) Installing, constructing, or supervising installation or construction of, real
or tangible personal property.
(7) Soliciting, negotiating, or approving franchise, license, or other similar
agreements.
(8) Collecting current or delinquent accounts.
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(9) Picking up and transporting tangible personal property, solid waste,
construction debris, or excavated materials.
(10) Providing disinfecting and pest control services, employment and labor
pool services, home nursing care, janitorial services, appraising, landscape architectural
services, security system services, surveying, and real estate services including the listing
of homes and managing real property.
(11) Rendering professional services such as those provided by accountants,
architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers,
baseball clubs and other sports organizations, chemists, consultants, psychologists, court
reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians.
(12) Meeting with customers or potential customers, even when no sales or
orders are solicited at the meetings.
(13)Training or recruiting agents, representatives, independent contractors,
brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for
customers or potential customers.
(14) Investigating, resolving, or otherwise assisting in resolving customer
complaints.
(15) In-store stocking or manipulating products or goods, sold to and owned by
a customer, regardless of where sale and delivery of the goods took place.
(16) Delivering goods in vehicles owned, rented, leased, used, or maintained
by the person or another acting on its behalf.
c. If a person, or its employee, agent, representative, independent contractor,
broker or another acting on the person's behalf, engages in no other activities in or with the
City but the following, it need not register and obtain a business license.
(1) Meeting with suppliers of goods and services as a customer.
(2) Meeting with government representatives in their official capacity, other
than those performing contracting or purchasing functions.
(3) Attending meetings, such as board meetings, retreats, seminars, and
conferences, or other meetings wherein the person does not provide training in connection
with tangible personal property sold by the person or on its behalf. This provision does not
apply to any board of director member or attendee engaging in business such as a member
of a board of directors who attends a board meeting.
(4) Renting tangible or intangible property as a customer when the property is
not used in the City.
(5) Attending, but not participating in, a "trade show" or "multiple vendor
events". Persons participating at a trade show shall review the City's trade show or multiple
vendor event ordinances.
(6) Conducting advertising through the mail.
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(7) Soliciting sales by phone from a location outside the City.
d. A seller located outside the City merely delivering goods into the City by means
of common carrier is not required to register and obtain a business license, provided that it
engages in no other business activities in the City. Such activities do not include those in
subsection 5.04.010(4)(c).
e. The City expressly intends that engaging in business include any activity
sufficient to establish nexus for purposes of applying the license fee under the law and the
constitutions of the United States and the State of Washington. Nexus is presumed to
continue as long as the taxpayer benefits from the activity that constituted the original
nexus generating contact or subsequent contacts.
5. "License or licensee" means any business that applies for or is granted a
business license. The term shall also mean the person who submits a business license
application for approval, the owner or operator of a business, and any corporation,
partnership, nonprofit, or organization which owns or operates the business.
6. "Person," means any individual, receiver, agent, trustee in bankruptcy, trust,
estate, firm, co -partnership, joint venture, company, joint stock company, business trust,
corporation, society, or group of individuals acting as a unit, whether mutual, cooperative,
fraternal, nonprofit or otherwise.
7. "Person engaged in business" means the owner or one primarily beneficially
interested in lawful business for profit and not employees.
8. "Home occupation" means any business conducted in a residence within the
corporate city limits of Tukwila, such business being subject to the requirements set forth in
TMC Chapter 18.06, "Definitions," in the section entitled "Home Occupation."
9. "Employee" means any individual employed at any business who performs any part
of their duties within the City of Tukwila or reports from a location within the City's
corporate limits including all full-time, part-time, and temporary employees or workers.
The term includes self-employed persons, sole proprietors, owners, officers, managers,
and partners. An independent contractor is not an employee.
10. "Business Licensing Service" or "BLS" means the office within the Washington
State Department of Revenue providing business licensing services to the City.
11. "Business license" means a license issued by the City authorizing a person to
engage in business within the City. "Business license" also means the licensing document
produced by the Business Licensing Service upon which the City -issued business license
appears as an endorsement.
12. "City" means the City of Tukwila.
13. "Place of business" means a temporary or permanent physical location within City
limits where business is conducted or is intended to be conducted. Section 2. TMC
Section 5.04.012 Amended. Ordinance No. 2315 §1 (part), as codified at TMC Section
5.04.012, "Purpose," is hereby amended to read as follows:
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5.04.012 Purpose
The provisions of this chapter shall be deemed an exercise of the power of the City
to license for regulation and for revenue.
Section 3. TMC Section 5.04.020 Amended. Ordinance Nos. 2315 §1 (part), 2333
§3, 2356 §2, 2381 §3, 2496 §2, 2544 §3, and 2588 §4, as codified at TMC Section 5.04.020,
"Applications and fees required," is hereby amended to read as follows:
5.04.020 Applications and fees required
A. Application Required. Any person desiring to establish or conduct any business
within the corporate limits of the City shall first file a business license application through
the BLS. The application shall be upon a form furnished by the BLS on which the
applicant shall state the company name and address; the nature of the business activity
or activities in which he/she desires to engage; the place where the business will be
conducted; the number of employees, whether full or part-time and other information
pertaining to the business as required by the City or BLS. The applicant shall be required
to provide all information requested on said form and failure to do so shall be grounds for
refusing to issue the business license. If a person maintains more than one place of
business within the City, a separate general business license registration is required for
each business. Owners of residential rental property are not subject to the application
requirements in this chapter but shall adhere to the rental business license and inspection
program requirements in TMC Chapter 5.06.
B. Fee — General. The application must be accompanied by the appropriate
business license fee as adopted by separate resolution of the City Council, as well as the
BLS handling fee required by RCW 19.02.075. For persons with a place of business in
the City, the business license fee shall be determined based on the total number of
employees.. If the number of employees is not known at the time of application or renewal
of the license, the business shall estimate the maximum number of employees they
anticipate working any time during the 12-month period subject to licensure and remit the
associated business license fee. It will be the responsibility of the business to determine
the total number of employees and, if required, demonstrate to the satisfaction of the
Director that the information pertaining to the business license fee is accurate.
C. Minimum Threshold. For purposes of the license by this chapter, any person or
business whose annual value of products, gross proceeds of sales, or gross income of
the business in the City is equal to or less than the threshold amount provided in this
subsection and who does not maintain a place of business within the City, shall submit a
business license registration to the Director but is exempt from the business license fee
requirement as provided in this chapter. The threshold does not apply to regulatory
license requirements or activities that require a specialized permit.
1. Prior to January 1, 2026, the threshold amount is $2,000 per calendar year.
2. Beginning January 1, 2026, the threshold amount is $4,000 per calendar
year. The threshold amount will be adjusted every forty-eight months on January 1, by an
amount equal to the increase in the Consumer Price Index ("CPI") for "West Urban, All Urban
Consumers" (CPI-U) for each 12-month period ending on June 30 as published by the
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United States Department of Labor Bureau of Labor Statistics or successor agency. To
calculate this adjustment, the current rate will be multiplied by one plus the cumulative four-
year (forty -eight -month) CPI increase using each 12-month period ending on June 30 of
each prior year and rounded to the nearest $100. However, if any of the annual CPI
increases are more than five (5) percent, a five (5) percent increase will be used in
computing the annual basis, and if any of the annual CPI decreased during the forty -eight -
month period, a zero (0) percent increase will be used in computing the annual basis.
D. Over -reporting of Employees. In the event the licensee overreported the
number of employees, resulting in an overpayment of the business license fee as a result,
the licensee may request that the City refund the overpayment. The request must be
made in writing to the Finance Department, and the City must receive the refund request
and all supporting documentation no later than 60 days after the end of the calendar year
in which the overpayment was made. If the City is satisfied the licensee paid an excess
business license fee, the City will refund the excess amount.
E. Under -reporting of Employees. If, at the time of license renewal, the City
determines the business owner underreported the number of employees for the preceding
license period or has otherwise underpaid the business license fee properly due, the
business shall pay the balance of the corrected business license fee within 30 days of the
date the written notice is mailed by the City. An additional penalty as adopted by separate
resolution of the City Council shall be assessed if payment is not received by the notice
due date or any extension thereof.
Section 4. TMC Section 5.04.030 Amended. Ordinance Nos. 2315 §1 (part) and
2588 §5, as codified at TMC Section 5.04.030, "Issuance of a license and annual renewal,"
is hereby amended to read as follows:
5.04.030 Issuance of a license and annual renewal
A. Upon review and approval of a business license application by the City, the BLS
shall issue a business license to the applicant. The license shall grant to the applicant the
privilege to conduct such business at a designated location in the City for the license
period set forth in TMC Section 5.04.040.
B. Persons continuing to engage in business within the City shall renew their
business license(s) each year. Businesses must pay a renewal fee, as well as the BLS
handling fee required by RCW 19.02.075. Persons who do not renew their business
license by the expiration date may be subject to a late renewal penalty charged by the
BLS as provided in RCW 19.02.085.
C. Failure to renew a business license within one hundred twenty (120) days of
expiration will result in the cancellation of the license and will require a new application
for a business license to engage in business in the City.
Section 5. TMC Section 5.04.040 Amended. Ordinance Nos. 2315 §1 (part), 2333
§4, and 2356 §3, as codified at TMC Section 5.04.040, "Prorating fee," is hereby amended
to read as follows:
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5.04.040 License period
The license fee set forth in this chapter for new business license applications shall
be for the period beginning the date the business license application is submitted by the
licensee through the last day of the same month in the following year. The license fee for
business license renewals shall be for one year following the date of the prior business
license expiration date. License fees are not refundable and are not prorated, except as
provided in TMC Section 5.04.100, regardless of whether the business operates for the
entire license period, or whether the business license is denied, revoked, withdrawn or
suspended with cause.
Section 6. Repealer. Ordinance Nos. 2315 §1 (part), 2333 §5, 2356 §, 2381 §4, 2496
§3, and 2544 §4, as codified at TMC Section 5.04.050, "Late acquisition or renewal", are
hereby repealed, thereby eliminating this section:
Section 7. TMC Section 5.04.060 Amended. Ordinance No. 2315 §1 (part), as
codified at TMC Section 5.04.060, "Transferability," is hereby amended to read as follows:
5.04.060 Transferability
The license granted in pursuance hereof shall be personal to the licensee and it shall
not be assignable or transferable to any other person. A change in the Unified Business
Identifier issued by the Washington State Department of Revenue will require the
submission of a new business license application and payment of the applicable business
license fee as set forth in this chapter.
Section 8. TMC Section 5.04.070 Amended. Ordinance Nos. 2315 §1 (part), 2333
§6, 2356 §5, 2381 §5, and 2496 §4, as codified at TMC Section 5.04.070, "Change in UBI
#, ownership, physical location or nature of business," is hereby amended to read as follows:
5.04.070 Change in physical location or nature of business
The license granted pursuant hereto shall be used to conduct the particular business
or type of business at the designated address for which such license is issued. Any
license holder with a change in the nature of the business or a change in the physical
location of the business, shall immediately submit an application for licensure to the BLS
documenting the relevant change(s).
Section 9. Repealer. Ordinance No. 2315 §1 (part), as codified at TMC Section
5.04.080, "Required — Display," is hereby repealed, thereby eliminating this section:
Section 10. TMC Section 5.04.090 Amended. Ordinance Nos.2315 §1 (part), 2333
§7, 2356 §6, 2544 §5, 2588 §6, and 2593 §2, as codified at TMC Section 5.04.090,
"Exemption," is hereby amended to read as follows:
5.04.090 Exemptions
A. The following persons are exempt from the business license fee, but if exempt
under this subsection such persons shall still apply for and obtain a business license
under this chapter:
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1. Organizations exempt from federal income tax under 26 USC Section
501(c)(3). Such organization must be able to show satisfactory proof from the Internal
Revenue Service (IRS) of its tax exempt status, except in the case of religious
organizations which are assumed by the IRS of being exempt from taxes under 26 USC
Section 501(c)(3) without application for or issuance of a determination letter by the IRS.
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 civic group, service club, or social organization that is not engaged in any
profession, trade, or occupation, but is organized to provide civic, service, or social
activities in the City.
a. Examples of such organizations include but are not limited to:
Soroptimists, Kiwanis, Lions, Rotary, American Legion, children's and adults' athletic
leagues and similar types of groups, clubs or organizations.
4. A court interpreter who provides an oral translation between speakers who
speak different languages, and who is either a certified interpreter, qualified interpreter,
or registered interpreter, and who makes less than $12,000 in gross annual revenue in
Tukwila, Washington. 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 -English-speaking persons and to interpret
or translate oral or written statements of non -English-speaking persons into spoken
English.
c. "Registered interpreter" means an interpreter who is registered by the
administrative office of the courts.
5. A public card room (also known as a social card room) with a house -banked
license.
B. Nothing in this chapter shall be construed to require a license for any farmer
solely engaged in the business of selling, delivering or peddling any fruits, vegetables,
berries, butter, eggs, fish, milk, poultry, meats or any other agricultural product that is
raised, caught, produced or manufactured by such person. "Agricultural product" does not
include cannabis or cannabis products as defined in RCW 69.50.101.
Section 11. TMC Section 5.04.100 Amended. Ordinance Nos. 2315 §1 (part) and
2588 §7, as codified at TMC Section 5.04.100, "Failure to Pay Fee," is hereby amended to
read as follows:
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5.04.100 Failure to Pay Fee
A. If any person engaged in business fails or refuses to pay the required license fee
for any period of time as herein provided, the Director shall assess all license fee amounts
that should have been paid for the last four years, as determined by the Director, plus a
penalty as adopted by separate resolution of the City Council. Such fees may be prorated
as the City deems necessary if the assessment period is less than a 12-month license
period.
B. If a person fails or refuses a Department request to provide or make available
records to determine the amount of the license fee due under this chapter, the Director is
authorized to determine the amount of the license fee payable by obtaining facts and
information upon which to base the estimate of the fees due. Such fee assessment shall
be deemed prima facie correct and shall be the amount of the business license fee owing
to the City by the person.
C. The balance of the business license fee shall be due within 30 days of the date
the written notice is mailed by the City. An additional penalty as adopted by separate
resolution of the City Council shall be assessed if payment is not received by the notice
due date or any extension thereof. Business license fees may be collected by the City by
proper legal action brought for that purpose if any person engaged in business fails or
refuses to pay the license fee. This remedy is cumulative and not exclusive.
Section 12. Repealer. Ordinance Nos. 2315 §1 (part) and 2588 §8, as codified at
TMC Section 5.04.105, "Additional Requirements for Issuance of Business License," is
hereby repealed, thereby eliminating this section:
Section 13. TMC Section 5.04.110 Amended. Ordinance Nos. 2315 §1 (part), 2333
§8, 2352 §2, 2496 §5, and 2588 §9, as codified at TMC Section 5.04.110, "Denial,
Suspension, Revocation," is hereby amended to read as follows:
5.04.110 Denial, Suspension, Revocation
A. The Finance Director may deny, suspend or revoke any business
license under this chapter where one or more of the following conditions exist:
1. The licensee is in default of any fee, tax or amounts due and payable to the
City of Tukwila, as outlined in the Tukwila Municipal Code or City policy.
2. The license was procured by fraud or by a false or misleading representation
of fact in the application, or in any report or record required to be filed with the Finance
Department.
3. 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 the
Tukwila Municipal Code.
4. The license holder, his or her employee, agent, partner, director, officer or
manager has knowingly violated any provisions of any chapter of the Tukwila Municipal
Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation
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of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or
her business premises.
5. The license holder, his or her employee, agent, partner, director, officer or
manager has repeatedly violated any provision of City policies or the Tukwila Municipal
Code after having received notice of such violation.
6. Conduct of the business would be in violation of any local, state or federal
law, rule or regulation prohibiting the conduct of that type of business.
7. The property at which the business is located has been determined by a
court to be a chronic nuisance property, a Violation Notice and Order for a chronic
nuisance property has been issued and not timely remedied or appealed, or the Hearing
Examiner has determined the property to be a chronic nuisance property, as provided in
TMC Chapter 8.27.
8. The building or structure for which the licensee seeks a business license
requires a building or land use permit under any provision of City policies or the Tukwila
Municipal Code for which the permit process, including final inspections and/or issuance
of occupancy permits, has not been completed.
9. The building or structure for which the licensee seeks a business license has
not been inspected for compliance with life and safety codes, if such are required under
any provision of City policies or the Tukwila Municipal Code, or if such inspection reveals
outstanding code violations.
B. Upon determination that grounds for denial, suspension or revocation of a license
exist, the Finance Director shall send the licensee a Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or Revocation shall set forth the grounds
for and terms of the denial, suspension or revocation, and a statement advising the
applicant or license holder that he/she may appeal the Notice of Denial, Suspension or
Revocation in accordance with the provisions of TMC Section 5.04.112. The filing of such
appeal shall stay the action of the Finance Director pending decision on the appeal by the
City Hearing Examiner or other hearing body pursuant to TMC Section 5.04.112.
C. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of
Denial, Suspension or Revocation shall be: (1) sent to the licensee by registered mail at
the address provided on the license application; (2) hand delivered to the address
provided on the license application; or (3) posted upon the premises where such licensee
conducts the business that is the subject of the denied, suspended or revoked license.
Notice shall be deemed received by the licensee upon posting, hand delivery, or 3
business days after mailing, whichever occurs first.
D. Ten (10) calendar days after receipt of the notice of denial, suspension, or
revocation, any business subject thereto that continues to engage in business shall be
deemed to be operating without a license and shall be subject to penalties and
enforcement as provided in TMC Section 5.04.115, unless an appeal has been filed
pursuant to TMC Section 5.04.112 for which a written decision has not been issued.
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E. There shall be assessed a penalty to reinstate any business license that has
been revoked or suspended under this subsection, as adopted by separate resolution of
the City Council.
Section 14. TMC Section 5.04.115 Amended. Ordinance Nos. 2315 §1 (part) and
2549 §2, as codified at TMC Section 5.04.115, "Penalties," is hereby amended to read as
follows:
5.04.115 Violations and enforcement
Any violation of this chapter, or failure to comply with any of the requirements of this
chapter, may be enforced as provided for in this section. Each separate date, or portion
thereof, during which any violation occurs shall constitute a separate violation.
A. Civil infraction. A business, licensee, or person who violates any provision of
this chapter commits a Class 1 civil infraction as set forth in RCW 7.80.120(1)(a), as
currently enacted or hereafter amended. An infraction issued pursuant to this section shall
be issued by code enforcement officers, filed in the Tukwila Municipal Court and
processed in the same manner as other infractions filed in the Tukwila Municipal Court.
If a business, licensee, or person cited for failure to obtain a business license appears
before the Tukwila Municipal Court and provides written evidence that he or she obtained
a business license prior to adjudication of the infraction, the monetary penalty shall be
reduced to $150.
B. Civil code enforcement. A civil code enforcement action may be instituted
pursuant to Chapter 8.45 TMC to effectuate the abatement or corrective action required
as a result of a violation of this chapter. Failure to timely abate the violation or take
corrective action, as required by an issued Notice of Violation, may result in the imposition
of a fine in accordance with TMC 8.45.120(A)(2) and 8.45.080(C).
C. Criminal violation. A person who knowingly violates a provision of this chapter,
or commits a repeat violation of this chapter, is guilty of a misdemeanor, punishable by
up to the maximum penalty established in RCW 9A.20.021(3), as now enacted or
hereafter amended. For purposes of this section, repeat violation means either a prior
committed finding by the Tukwila municipal court of an infraction issued under this
chapter, or a committed finding by the hearing examiner of a notice of violation issued
under Chapter 8.45 TMC, has occurred or has been committed by the same business,
licensee, or person within a five-year period. To constitute a repeat violation, the violation
need not be the same violation as the prior violation.
D. Injunction. In addition to or as an alternative to any other enforcement or penalty
provided for in this chapter, and because a violation constitutes an actual injury to the
community, the City may seek injunctive or other equitable relief to prevent any activity in
violation of this chapter.
E. Any license fee or penalty due, unpaid, and delinquent under this chapter shall
constitute a debt to the City. The City may, pursuant to Chapter 19.16 RCW, use a
collection agency to collect unpaid license fees or penalties, or it may seek collection by
court proceedings, which remedies shall be in addition to all other remedies.
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Section 15. Regulations Established. A new TMC section 5.04.140 is hereby
established to read as follows:
5.04.140 License does not indicate legality of business
The issuance of a license pursuant to this chapter shall not be evidence of the legality
of a business or that such business is conducted in conformity with any laws or regulations
of the City of Tukwila, the State of Washington, or the United States. The issuance of a
business license shall not prevent the City, the State of Washington, or the United States
from taking any action relating to the conduct of the business or the licensee, including
but not limited to an action to revoke the license or deny an application for a future license,
an action to cause the cessation of the business, or any action set forth in this chapter.
Section 16. Regulations Established. A new TMC section 5.04.150 is hereby
established to read as follows:
5.04.150 Administration
A. The Director shall have general charge of, and supervision over, the
administration and enforcement of this chapter.
B. The Director may call upon other City departments to aid in the enforcement of
this chapter.
C. The licensee shall, upon reasonable request, provide or allow the Director to
inspect relevant documentation and/or to inspect places of business for verification of the
requirements of this chapter.
Section 17. 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 18. 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 19. 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 within 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 , 2025.
[signature page to follow]
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ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney
2025 Legislation: Business Licensing Fees
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Ordinance Number:
Page 13 of 13
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COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
8/18/25
NE
ITEM INFORMATION
ITEM NO.
6.A.
STAFF SPONSOR: NANCY EKLUND
ORIGINAL AGENDA DATE: 8/18/25
AGENDA ITEM TITLE Contract with Facet NW for Planning Services
CATEGORY Discussion
Mtg Date 8/18/25
Motion
Mtg Date 8/18/25
n Resolution
Mtg Date
❑ Ordinance
Mfg Date
n Bid Award
Mtg Date
I- Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ 4drnin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Po/ice ❑ PW
SPONSOR'S
SUMMARY
The City identified the need for specialized scientific and natural resources expertise to
complete planning and regulatory projects necessary to protect the City's critical areas and
natural environment. The contract addresses two revenue backed services: On -Call
Planning Services, and Critical Area Ordinance (CAO) Update services and Tasks Relating to
Salmon Recovery through Local Planning. Individual Task Orders for projects will be
authorized and approved by the DCD Director or Mayor.
REVIEWED BY
❑ Trans&infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm. ❑ Parks Comm.
COMMITTEE CHAIR:
❑ Planning Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$0 $0
APPROPRIATION REQUIRED
Fund Source: GRANT FUNDED OR PASS THROUGH FUNDING FROM DEVELOPMENT FEES COLLECTED FROM APPLICANTS
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
8/18/25
Informational Memorandum dated 8/12/25
Facet NW Services Contract
17
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Supervisor
CC: Mayor Thomas McLeod
DATE: August 21, 2025
SUBJECT: Contract with Facet NW for Planning Services
ISSUE
The Council is being asked to approve a contract with Facet NW for project -related and on -call
planning services. The proposed language in this contract clarifies and amends the initial
contract approved by Council on 7/21/25 (and not yet signed).
BACKGROUND
The City has identified the need for specialized scientific and natural resources expertise to
complete planning and regulatory projects necessary to protect the City's critical areas and
natural environment. The two types of projects, listed below, will be initiated and authorized by
separate, individual Task Orders approved by the DCD Director or Mayor:
• On -Call Planning Services — These on -call tasks provide for peer review of critical area
studies submitted by applicants, including wetland delineations, habitat assessments,
and mitigation plans. The services will also include consultant support for the Critical
Area Designation permit, including initial site reconnaissance, preparation of a
reconnaissance report, and development of a cost estimate for any additional study or
delineation work requested by the applicant.
Task orders for on -call planning services are applicant driven, meaning any work
undertaken by the consultant will be because an applicant applied for a permit and paid
the required permit fee to cover the consultant's cost to participate in the project. The
documentation of the task orders will be retained with applicable permit records.
• Critical Area Ordinance (CAO) Update Development and Associated Tasks
Relating to Salmon Recovery through Local Planning — The scope of work for this
task is being developed in coordination with the Washington Departments of Commerce
and Ecology. The scope of the work is intended to assist the City in developing the
update to the City's CAO, and to provide guidance in the acquisition and implementation
of enhanced Geographic Information System (GIS) which will allow analysis of Tukwila's
tree canopy and natural resources.
The task order for these services is revenue -backed and fully funded through a state
grant. Once the scope of work is finalized in coordination with the state agencies, the
DCD Director or Mayor will have authority to approve individual task orders for the
consultant to prepare the grant deliverables. The documentation of the task order will
be retained with the grant records and Critical Area Ordinance update records.
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INFORMATIONAL MEMO
Page 2
DISCUSSION
This contract will enable the City to secure the scientific, urban planning, and environmental
expertise needed to best address the City's compliance with GMA and align with numerous City
Goals focused on the protection of Tukwila's natural environment and community health and
safety.
This request came before the Council in a previous form at the July 14, 2025, PCD meeting,
and the July 21, 2025, Regular Council meeting. Because it is necessary to authorize the City
to request on -call services sooner than later, and because the funding source for the services to
be provided are totally revenue -backed, this revision to the contract is needed. Staff
recommend that the DCD Director or the Mayor be authorized to sign the individual task orders
determined to be consistent with this contract scope of services.
FINANCIAL IMPACT
The work to be completed by Facet under this grant, whether On -call services or Critical Area
Ordinance, etc., are revenue -backed through permit fees or grant funds, respectively.
RECOMMENDATION
Staff recommend that the Council approve this contract with Facet NW for these revenue -back
tasks. A proposed motion is as follows:
"Authorize the Mayor to sign a contract with Facet NW for on -call planning and project
services for the Critical Area Ordinance update and salmon recovery through Local
Planning project, in an amount not to exceed $415,000 through December 31, 2028
(funding coming to the City)"
ATTACHMENTS
• Facet NW Inc Contract
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/2025 AGENDAS/2025 Agenda Packets/2025 COUNCIL - Agenda Packets/08-18-25 Work
Session & Regular/8-18-25 Regular Council - FACET NW/FACET-NW Contract - InfoMemo (8-18-25).docx
19
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and FACET NW Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1 Project Designation. The Consultant is retained by the City to perform on -call planning
services and project -related services as described on Exhibit A, and as specifically identified
as directed by the City in written task orders. Collectively, the services described on Exhibit A,
as well as any project specific assistance, are considered the "Services".
2. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2028, unless sooner
terminated under the provisions hereinafter specified. The Services provided by the
Consultant under this Agreement shall only commence upon written notice by the
Development Services Director or designee, to the Consultant through a task order (which
shall substantially conform to Exhibit B).
3. Payment. All Services provided by the Consultant shall be paid exclusively via applicant
generated permit fees or allocated grant funding.
A. Payment under any completed task order shall be based on the Consultant's hourly rate
as set forth in Exhibit C. Upon 60 days' notice to City, Consultant may increase its hourly
rate.
B. The Consultant may submit vouchers to the City upon conclusion of any task order. Such
vouchers will be checked by the City, confirmed that payment has either been received
by an applicant or is reimbursable through allocated grant funding, and, upon approval
thereof, payment shall be made to the Consultant in the amount approved.
C. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
D. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments, unless otherwise stipulated in a task order.
Copies shall be made available upon request.
4. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
5. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
20
6. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
7 Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no Tess than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
CA revised May 2020
Page 2
21
than UlOSe required by this Contract O[whether any certificate Of iOSun8DC8 furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision' The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
beprimary insurance with respect tothe City. Any Insurance, aa|f-ineunanoe.orinsurance
pool coverage maintained by the City nho|| be axoeaa of the Consultant's insurance and
shall not b8contributed Orcombined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with ocurrent �M.
Best rating ofnot less than A:V||.
E. Verification ofCoverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endoraementa, including but not necessarily limited to the
additional insured endoraement, evidencing the insurance requirements ofthe Contractor
before commencement ofthe work. Upon request bvthe City, the Consultant shall furnish
certified copies of all required insurance po|ioiea, including endoraennenLs, required in this
Agreement and evidence ofall subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days' notice to the Consultant to correct the breaoh,
immediately terminate the contract or, at its diecraUnn, procure or nanevv such insurance
and pay any and all premiums in connection therewith, with any sums enexpended to be
repaid tothe City ondemand, orot the sole discretion ofthe City, offset against funds due
the Consultant from the City.
8. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this /\OrDernen1 Sh8|| be considered to Cne2ie the relationship Of employer and
9mp|0y88 between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not b8responsible for withholding O[otherwise
deducting federal income tax Or S0CiG| security or for contributing to the state industrial
insurance pnOgn8nn. otherwise assuming the duties Of an 8nnp|0y8r with n8SpeCf to the
Consultant, Orany employee Ofthe Consultant.
8. Covenant AqainskContimqemtFees. The Consultant warrants that hehas not employed or
[8t8iO8d any CO0p8Oy or p8rSOO' other than 8 bOO@fid8 80p|OyH8 VVO[hiOg SO|8|y for the
Consultant, to solicit Orsecure this C0ntn3Ct. and that he has not paid or agreed to pay any
company Or person, other than 8 bOn8fid8 8mp|0y89 working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, O[any other consideration contingent upon
Or n88u|Ung from the Gvv8rd or making of this contract. For bn8GSh or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its diSCn8U0n to deduct
from the COOtr@Ct price or consideration, or otherwise reCOVe[' the full amount Ofsuch fe0,
commission, percentage, brokerage fee, gift, orcontingent fee.
10. Discrimination Prohibited' Contnactor, with regard to the work performed by it under this
Agnaennent, will not discriminate on the grounds nfrace, na|iginn, cnoed, no|or, national origin.
GQ8. VeLe[3O status, S8X, SCXU8| OriDDt8UOO' gender identity, OO8[it8| St8tUS. pO|iUC8| GMi|i@dOD'
the presence of any diaabi|itv, or any other protected c|uee status under state or federal |avv,
in the selection and retention of employees or procurement of materials or supplies.
11. Assiammmemt' The Consultant shall not sublet or assign any of the services Covered by this
Agreement without the express written consent Ofthe City.
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22
12. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
13. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
14. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
15. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
16. Notices.
Notices to the City of Tukwila shall be sent to the
following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the
following address:
Dan Nickel
Facet NW, Inc.
9706 4th Ave NE, Suite 300
Seattle, WA 98115
17. Conflict of Interest. The Consultant agrees that during the term of this Agreement, they shall
not engage in any activity, employment, or business that creates an actual or potential conflict
of interest with the interests of the City. A conflict of interest includes, but is not limited to,
situations where the Consultant is reviewing work product for a private party that an employee
of the Consultant prepared, or any other situation where the Consultant has a financial or
personal interest that could improperly influence their judgment, decisions, or actions in the
performance of their obligations under this Agreement.
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
23
CITY OF TUKWILA: CONSULTANT:
Thomas McLeod, Mayor Dan Nickel, Executive Vice President, Principal
of Planning
Date: Date:
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk
APPROVDE AS TO FORM:
Office of the City Attorney
CA revised May 2020
Page 5
24
Exhibit A
On -Call Planning Services
The Consultant shall provide on -call support to the City for matters involving environmentally critical
areas (ECAs) and shoreline regulations. This may include general technical consultation, code
interpretation, peer review of third -party reports, and other environmental review assistance.
For work associated with Critical Areas Designation (CAD) permits, the Consultant will conduct an
initial reconnaissance -level site assessment to identify potential critical areas and buffers, and
provide a written summary of findings. If further delineation, classification, or technical studies are
warranted, the Consultant will prepare a scope to complete the work and cost estimate for City
review.
All costs for permit -related services are the responsibility of the applicant and will be collected by the
City and paid to the Consultant.
Critical Area Ordinance Update Development and
Tasks related to Salmon Recovery through
Local Planning Project
Washington Departments of Commerce and Ecology grants
The Consultant shall provide Services relating to the update of the City's Critical Areas Ordinance
and for services relating to the Washington Departments of Commerce and Ecology Salmon
Recovery through Local Planning grant. The grant will support both the CAO development and the
acquisition of a Geographic Information System (GIS) data set that will enable the City to complete a
greater level of analysis on the City's tree canopy and land cover conditions, and will provide insight
into how well the critical area regulations and other city standards are protecting the City's natural
habitats. The tasks will provide greater understanding of how City regulatory and programmatic
efforts could be modified to deliver greater benefits to the entirety of the Tukwila community
All costs for CAO update and Salmon Recovery project services to be completed by Facet will be
paid through state grant funding.
CA revised May 2020
Page 6
25
Exhibit B
Task Order Example Form
FACET
On -Call Planning Task Order Request
Task Order Name
Task Order Reference #
City Purchase Order #
Scope of Services
Under this Task Order, Facet will assist the City of Tukwila with the following scope of work:
1. Task 1
2. Task 2
3, Task 3
Estimated Budget
Task #
Task Name Estimated Cost
2
Total
Payment
Payment will be made on a monthly basis as outlined in the Tukwila Planning On -Call contract,
Schedule
Completion of these tasks by: Enter date or more detailed schedule here.
SEATTLE I KIRKLAND I MOUNT VERNON I WHIDBEY SLAND I FEDERAL WAY I SPOKANE
facetnw.corn
CA revised May 2020
Page 7
26
Authorization
Facet City of Tukwila
Dan Nickel Date Date
Principal of Planning DCD Director/Mayor
FACET
CITY OF l',IEDINA ON-CALI PLANNNG
TASK ORI)Eft [ENTER NAME/NIJMBERI
CA revised May 2020
Page 8
27
Exhibit C
Facet Category Rates (2025)
FACET
CATEGORY RATES
Issued Date: 03/21/2025
Effective Through: 12/31/2025
Category Title
Hourly Billing Rate
Accounting Billing Clerk
$104
Accounting Billing Coordinator
$120
Adminrstrative Assistant
$103
AdmiNstrative Assistant Coordinat ar
$114
Arborist 1
$1125
Arbonst 2
$146
Arboast 3
$157
Arboast 4
$163
A [-boast 5
$179
Arbon& 6
$205.
Arborist 7
$221
Arborist 8
S293
Busines3 Development Coordinator
$145
Business Development Marketing Manager
$145
Director of Operations
S306
Ecological Designerl
$150
Ecological Designer 2
$162
Ecological Designer 3
$174
Ecological Designer 4
$186
Ecological Designer 5
$191
Ecological Designer 6
S206
Ecolog lea I Designer 7
1221
Ecological Designer 8
5236
Ecologist 1
$4135
Ecologist 2
$148
* HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE WHICH IS UPDATED ON
JANUARY 1ST OF EACH YEAIL CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO
JANUARY BILLING.
SEATTLE I KIPKLAND MOUNT VERNON I WHIDBEY ISLAND FEDERAL WAY I SPOKANE
facetnw.com
CA revised May 2020
Page 9
28
Category Title
Hourly Billing Rate
•Ecologist 3
$157
Ecologist 4
$177
Ecologist 5•
$200
Ecologist 6
$220
Ecologist 7
$230
Ecologist 8
$250
Engineeri
$134
Engineer 2
$157
Engineer 3
$206
Engineer 4
$215
Engineer 5
$227
Engineer 6
$278
Engineer 7
$319
EnOneer 8•
$328
Engineer Tech -1
$103
Engineer Tech 2
$115
EngineerTech •3
$137
Engineer Tech 4
$155
Engineer Tech 5
$170
Engineer Tech 6
$176
Engineer Tech 7
$201
Engineer] ech 8
$224
Rnance Manager
$221
Fisheries•BioloOst 1
$147
Fisheries Biologist 2
$162
Fisheries Biologist 3
$177
Elsheries Biologist 4
$192
Fisheries Biologist 5
$207
Fisheries Biologist 6
$21..
Fisheries Biologist 7
$228
•Fisheries Biologist 8
$243
GIS Analyst 1
$110
* HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE WHICH IS UPDATED ON
JANUARY 1ST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO
JANUARY BILLING.
FACET
FACET CATEGORY RATES / 2
CA revised May 2020
Page 10
29
Category Title
Hourly Billing Rate
CIS Analyst 2
$125
GIS Analysl 3
$136
CIS Analyst 4
$175
GIS Analyst 5
$177
GIS Analyst 6
$181
GIS•Analyst 7
$217
GIS Analyst 8
$235
Graphics Designer 4
$136
Human Resources Generalist
$117
Human Resources Manager
$163
Hydrogeologist
$215
ntern-1
$93
Landscape Arc:lilted:1
$121
Landscape Architect 2
$136
Landscape .Architect .3
$159
Landscape Architect A
$175
Landscape Architect 5
$210
Landscape Architect 6
$23'1
Landscape Architect 7
$266
Landscape .Architect 8
$328
Landscape Designer 1
$134
Landscape Designer 2
$143
Landscape Designer 3
$151
Landscape Designer 4
$175
Landscape Designer 5
$204
Landscape Designer 6
$220
Landscape Designer 7
$257
Landscape Designer 8
$328
Marketing Coordinator
$133
Plannerl
$115
Planner•2
$127
Planner 3
$151
* HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE WHICH IS UPDATED ON
JANUARY 1ST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO
JANUARY BILLING.
FACET
FACET CATEGORY RATES / 3
CA revised May 2020
Page 11
30
Category Title
Hourly Billing Rate
Pianner 4
$178
Planner 5
$194
Planner 6
$231
Planner 7
$241
Planner 8
$328
Prindpal 1
$232.
Pencipal 2
$243
Principal 3
$26S
Principa 4
$309
Pencipal 5
$343
Pencipa[ 7
$343
•POncipal 8
$343
Project/Contract Administrator
$14'9
Restoration Speciaist
$200
* HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE VVHICH IS UPDATED ON
JANUARY 1ST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO
JANUARY BILLING.
FACET
FACET CATEGORY RATES ..4.
CA revised May 2020
Page 12
31
32
Thomas McLeod, Mayor
TO:
Mayor's Office - Marty Wine, City Administrator
The city of opportunity, the community of choice
Mayor McLeod
Councilmembers
FROM: Marty Wine, City Administrator
DATE: August 12, 2025
SUBJECT: City Administrator's Report
The City Administrator Report is meant to provide the Council, staff, and the community with an
update on the activities of the City and on issues that concern Tukwila. Please let me know if you
have any questions or need additional information about any of the following items.
I. Intergovernmental Update
• Meeting with Sound Transit: Director Tetatzin met with Sound Transit staff on July 25 to
discuss the City's role in coordinating the design of the future infill light rail station near
Boeing Access Road.
• Meeting with Tukwila School District: On July 28 Public Works staff met with facilities staff
from the Tukwila School District to discuss waste collection in the upcoming school year.
• Economic Development Roundtable: Economic Development staff participated in an
economic development roundtable on July 28 hosted by Congressman Adam Smith and Port
of Seattle Commissioner Hasegawa. Participants included economic development staff from
the Port and cities in Congressman Smith's district.
• Joint Letter to King County Flood Control District: On July 30 Mayor McLeod partnered
with the cities of Kent and Renton to submit a letter to the King County Flood Control District
requesting prioritization of the Desimone Levee repair project. The project has been scored as
a high priority for future design funding cycles.
• Regional Mobile Integrated Health Meeting: Mayor McLeod and Director Miles participated
in a Puget Sound Fire Regional Mobile Integrated Health meeting with Congressman Adam
Smith held at Fire Station 52 on July 30.
• Meeting with Seattle Parks Foundation: Parks and Recreation staff met with the Seattle
Parks Foundation (SPF) staff to discuss potential fundraising efforts for additional capital
projects and assets related to the TCC Riverside Campus and/or TCC/Joseph Foster Memorial
Park Turf Field Conversions. Staff will continue to work with SPF staff to determine if a capital
campaign is viable for certain aspects of the project(s).
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
33
City Administrator's Report
August 12, 2025
Page 2
II. Community Events
• Seattle Southside Chamber of Commerce Event: On July 23 Labor Standards Staff met with
local business owners and operators at a Seattle Southside Chamber of Commerce event to
educate employers about Tukwila's minimum wage requirements and share information
about a new King County Minimum Wage Lookup Tool. Employers were provided with
instructions for using the tool, which requires a physical address or click on the map, to
return the minimum wage jurisdiction name and link to their web page.
• Green Tukwila Restoration Events: The Green Tukwila Partnership continues to support the
health of Tukwila's natural environment, hosting the following two restoration events:
o Upper Duwamish River Boat Cleanup on July 26 at Codiga Park
o Walk & Talk, Litter Cleanup at Bicentennial Park on July 31
• Parks & Recreation Events: Parks & Recreation hosted three events in the past week.
o On August 3 the Tukwila Farmers Market was held at the Tukwila Community Center
with approximately 375 visitors.
o Peanut Butter & Jam was held on August 7 with the breaking crew Massive Monkees
offering a hip -hop dance workshop and performance. 80 children were in attendance.
o On August 8 Movies in the Park included the School of Rock House Band and screened
the movie School of Rock. 120 were in attendance.
• Infraday PNW: Director Tetatzin will be participating in a panel at Infraday PNW in Seattle on
August 19 to discuss how multi -modal transportation projects can benefit and impact
communities.
• Community Volunteers Needed: Outreach is coming soon to recruit community volunteers
for the KABOOM! Build Day being held on September 27 at Duwamish Park to build new play
structures.
M. Staff Updates
Public Safety
• National Night Out Against Crime: The Police Department facilitated 15 community events
for Night Out Against Crime that took place on August 5. Mayor McLeod, Council President
Sharp, Councilmembers Abdi, Martinez, Papyan and Seal, King County Councilmember
Quinn, City Administrator Wine, and many City staff members joined the Police Department in
connecting with the community events.
Project Updates
• Annual Comprehensive Financial Report (ACFR): The 2024 Annual Comprehensive Financial
Report (ACFR) is now available on the City's external website. This report offers an in-depth
look at the City of Tukwila's financial condition as of the end of the 2024 fiscal year and is
especially valuable for government officials and administrators as they make budgeting and
policy decisions and assess the City's long-term financial health. The ACFR is also a key
resource for credit rating agencies, investors, and bondholders, offering critical data to
evaluate the City's creditworthiness and financial stability.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
34
City Administrator's Report
August 12, 2025
Page 3
• TCC Riverside Campus and Canoe Launch Project: Parks & Recreation staff had a kickoff
and walkthrough meeting with team members from the Berger Partnership, Shannon &
Wilson, and KPFF for the TCC Riverside Campus and Canoe Launch project. The team
discussed design steps, drafted project milestones, and began the transfer of data and
documents necessary for planning and design.
Boards, Commissions and Committees
We welcome the City Council to encourage community members to apply for vacant Board &
Commission positions.
• Arts Commission: The next meeting is scheduled for August 20, 2025.
2 resident position terms expire March 31, 2026.
No vacancies.
• Civil Service Commission: The next meeting is scheduled for August 21, 2025.
1 resident position term expires March 31, 2026.
No vacancies.
• COPCAB: The next meeting is scheduled for August 14, 2025.
3 resident position terms expire March 31, 2026.
VACANT: 1 Business Position and Student Representative.
• Equity & Social Justice Commission: The next meeting is scheduled for September 4, 2025.
1 City Employee position term expires March 31, 2026.
2 Education position terms expire March 31, 2026.
1 Community position term expires March 31, 2026.
No vacancies.
• Human Services Advisory Board: The next meeting is scheduled for August 21, 2025.
1 Resident position term expires March 31, 2026.
1 School District position term expires March 31, 2026.
1 Medical/Health position term expires March 31, 2026.
No vacancies.
• Library Advisory Board: The next meeting is scheduled for September 2, 2025.
3 Resident position terms expire March 31, 2026.
VACANT: Student Representative.
• Lodging Tax Advisory Committee: The next meeting is scheduled for September 12, 2025.
All positions are 1-year terms.
VACANT: 1 Business Collecting Tax Representative
• Park Commission: The next meeting is scheduled for August 13, 2025.
2 Community position terms expire March 31, 2026.
VACANT: Student Representative.
• Planning Commission: The next meeting is scheduled for August 28, 2025.
No vacancies.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
35
City Administrator's Report
August 12, 2025
Page 4
IV. Responses to Council/Community Inquiries
Date of
Inquiry
Inquiry
Response
July 14, 2025
Councilmember Papyan asked
for information about short
term rental regulation and
potential approaches,
especially with regard to
revenue.
On August 4 an email response indicated that all
whole unit rentals are subject to existing rental
licensing requirements.
July 28, 2025
Council President Sharp asked
the cost of speed cushions and
how does a project get added
to Neighborhood Traffic
Calming Project.
Public Works will present the 2025 Traffic Calming
Program in Q4 which will include an evaluation of
all requests received, recommendations for the
highest scoring initiatives, cost estimates and
constraints for installing speed bumps.
August 4, 2025
Councilmember Seal asked if
the city still has the "Adopt a
Spot" Program to provide
opportunities for the
community to help clean up
parks.
The City still has the program. Information can be
found at:
https://www.tukwilawa.gov/departments/parks-
and-recreation/volunteering/adopt-a-spot/
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
36
Tentative Agenda Schedule
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
AUGUST 4
See below links for the
agenda packets to view the
agenda items:
August 4, 2025
Work Session - Cancelled
August 4, 2025
Regular Meeting
AUGUST 11
See below links for the
agenda packets to view the
agenda items:
August 11, 2025
Committee of the Whole
Meeting
AUGUST 18
See below links for the
agenda packets to view the
agenda items:
August 18, 2025
Work Session
August 1$, 2025
Regular Meeting
AUGUST 25
PUBLIC HEARING
- Ordinance updating cannabis
regulations.
SPECIAL ISSUES
- Ordinance updating cannabis
regulations.
Special Meeting to follow
Committee of the Whole
Meeting.
CONSENT AGENDA
- Bid Award for Gilliam Creek
Culvert Erosion Repair.
- Bid Award for 2025 Annual Small
Drainage.
MEETING 1— '
REGULAR
MEETING 2 —
C.O.W.
MEETING 3—
REGULAR
MEETING 4 —
C.O.W.
SEPTEMBER 1
WORK SESSION
Work Session cancelled.
REGULAR MEETING
Regular Meeting cancelled.
SEPTEMBER 8
SPECIAL ISSUES
- Ordinance adopting the 2026
Park Impact Fee Rate.
- Ordinance adopting the 2026
Fire Impact Fee Rate.
Special Meeting to follow
Committee of the Whole
Meeting.
CONSENT AGENDA
- Grant Award from WSDOT for
Commute Trip Reduction (CTR)
for 2025-2027.
- Grant Award for Transportation
Demand Management (TDM)
Regional Mobility Grant Program
for 2025-2029.
- Amendment #2 to Agreement
with King County for
Transportation Demand
Management (TDM).
- Amendment #2 to Contract #24-
070 with KPG Psomas for Traffic
Signal Assessment and Repair
Recommendations, in the
amount of $59,876.00 (bringing
Amendment Nos. 1 & 2 over
$60,000.00).
- Amendment to Contract for
Chinook Wind Extension.
- Ordinance adopting the 2026
Park Impact Fee Rate.
- Ordinance adopting the 2026
Fire Impact Fee Rate.
UNFINISHED BUSINESS
- Ordinance updating cannabis
regulations.
SEPTEMBER 15
WORK SESSION
REGULAR MEETING
CONSENT AGENDA
- Resolution authorizing the
cancellation of outstanding General
Fund Claims Checks.
- Resolution adopting the
Comprehensive Emergency
Management Plan.
Amendment to Interlocal
Agreement with VNET.
SEPTEMBER 22
SPECIAL ISSUES
- Development Agreement with
Prato District.
Special Meeting to follow
Committee of the Whole
Meeting.
37