HomeMy WebLinkAboutCOW 2005-11-28 COMPLETE AGENDA PACKET w Tukwila City Council Agenda
0 Steven M. Mullet, Mayor Councilmenbers• Joe Duffle Joan Hernandez
u►`� o Rhonda Berry, City Administrator Pam Carter Jim Haggerton
l'
e Pamela Linder, Council President Dennis Robertson Dave Fenton
1908
COMMITTEE OF THE WHOLE
Followed b Special Meeting.
y P
Monday, November 28, 2005; 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE
2. CITIZEN At this time, you are invited to comment on items not included
COMMENT on this agenda. To comment on an item included on this agenda,
please save your comments until the issue is presented for discussion.
3. PUBLIC a. An ordinance extending the current moratorium on certain land
HEARINGS divisions and development activities within the transit- oriented
development (TOD) planning area.
b. A development agreement between the City of Tukwila, WEA
(Westfield) Southcenter, LLC, and Prudential Financial, Inc., for
the expansion and renovation of Westfield Southcenter Mall.
4. SPECIAL a. An ordinance extending the current moratorium on certain land
ISSUES divisions and development activities within the transit- oriented
development (TOD) planning area (see item 3.a. above).
b. A development agreement between the City of Tukwila, WEA
(Westfield) Southcenter, LLC, and Prudential Financial, Inc., for
the expansion and renovation of Westfield Southcenter Mall (see
item 3.b. above).
c. Neighborhood Resource Center (NRC) lease agreement.
d. Employment contract with City Administrator.
e. Annual Comprehensive Plan amendments Planning Commission's
recommended Transportation Element.
Transportation Plan notebook and attachments
provided under separate cover.
f. An ordinance regarding concurrency management.
g. An ordinance regarding impact fees and transportation concurrency
standards.
h. 2006 property tax ordinances.
(1) An ordinance setting the regular levy.
(2) An ordinance increasing the regular levy by 1 0 percent.
5 REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6 MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURN TO SPECIAL MEETING
Monday, November 28, 2005
Page 2
SPECIAL MEETING
Ord #2105
Res #1597
1 CALL TO ORDER/ ROLL CALL
2. UNFINISHED a. 2006 property tax ordmances: (refer to item 4.h. on previous page)
BUSINESS (1) An ordinance setting the regular levy.
(2) An ordinance increasing the regular levy by 1.0 percent.
b. An ordinance extending the current moratorium on certain land
divisions and development activities within the transit- oriented
development (TOD) planning area. (Refer to items 3.a. and 4.a.
on previous page).
c. Authorize Mayor to execute a development agreement with
WEA Southcenter, LLC, and Prudential Financial, Inc., for the
expansion and renovation of Westfield Southcenter Mall.
(Refer to items 3.b. and 4.b. on previous page.)
d. Authorize Mayor to sign a lease agreement with Timothy O'Brien
for the property located at 14661 Tukwila International Boulevard
(Neighborhood Resource Center) (Refer to item 4.c. on previous page.)
e. Authorize Mayor to sign an employment contract with Rhonda Berry,
City Administrator. (Refer to item 4.d. on previous page.)
3. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
accommodations are available at s with advance notice to the public hearings Reasonable accomm p g
City Clerk's Office: 206 433 -1800f TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
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COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER. 05-151 IORIGINAL AGENDA DATE. November 28, 2005
AGENDA ITEM TITLE Public hearing on proposed ordinance renewing a temporary moratorium on the
acceptance of applications for certain land divisions and land use decisions
within the area designated for transit oriented development.
CATEGORY Discussion Motion Resolution Ordinance Bid Award X Public Hearing Other
Mtg Date Mtg Date Mtg Date Jrtg Date Mtg Date AN Date 11.28.05 Mtg Date
SPONSOR Council Mayor
Adm Svcs X DCD Finance Fire Legal P &R Police PIV
SPONSOR'S Council is required to hold a public hearing on the proposed ordinance prior to
SUMMARY adoption.
REVIEWED BY COW Mtg X CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA rE. 11.15.05
RECOMMENDATIONS:
Hold a public hearing and forward to regular meeting of the Council
SPONSOR /ADMIN on December 5, 2005 for adoption.
CoalMrrrEl CAP supported the ordinance and forwarded to COW for public
hearing.
I COST IMPACT FUND SOURCE
EYPENDrrURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source
Comments
MTG. DATE 1 RECORD OF COUNCIL ACTION
Council adopted Ordinance No. 2095, Establishing a temporary moratorium on the
7.18.05 acceptance of applications for certain land divisions and land use decisions within
the area designated for transit oriented development.
11.15.05 Community Affairs and Parks Committee recommends forwarding ordinance to COW
for a public hearing.
MTG. DATE I ATTACHMENTS
11.28.05 Memo to City Councilmembers RE: Public hearing on a proposed ordinance,
establishing a temporary moratorium on land divisions and certain land use
decisions in the Longacres TOD planning area. (continued...)
COUNCIL AGENDA SYNOPSIS (continued)
11.28.05 Proposed ordinance renewing six-month moratorium.
Copy of Memo to CAP dated 11.14.05 RE: Renewal of current moratorium
Copy of letter dated November 21, 20~5 sent to affected property owners and
businesses in the TOD planning area.
Minutes of CAP meeting, November 15, 2005.
City of Tukwila
Steven M. Mullet} Mayor
Department of Community Development
Steve Lancaster, Director
TO:
From:
Date:
CIty Council ~
Jack Pace, DCD Deputy Dnector
November 21,2005
Subject:
PublIc hearing on an ordmance renewmg a temporary moratonum on land dIVISIOns and
certam land use decIsIol1s m the Longacres TaD plannmg area.
Background
In September 2002, Council adopted an ordmance establIshmg a sIx-month moratonum on the
acceptance of certam land dIvIsIOns and land use decIsIOns wlthm the translt-onented development
(TaD) planmng area surroundmg the Sounder Commuter Rail/Amtrak statIOn (see FIgure 1) The
moratonum was mtended to preserve land available for development or redevelopment and restrIct land
uses that do not Implement the VISIOn for the area until land use and transp011atIOn plans and regulatIOns
supportmg the TaD at the statIOn are m place.
Ordmance 2095, renewmg the moratonum, was adopted m July 2005 and expIres January 13,2006
Council must decIde whether to renew the ordmance and hold a publIc hearIng, or let the moratOrIum
lapse. We are bnngmg this to Council now because of the uncertamtIes regardmg then schedule m early
January, 2006. To date, Council has renewed the moratonum SIX tImes, modrfymg It to provIde more
flexibilIty muse of the parcels whIle the TUC plan was bemg developed.
When Ordinance 2095 was adopted, It was antIcIpated that the TukwIla Urban Center (TUC) Plan
would be adopted by the end of2005, precludmg any further need to renew the moratOrIum. However,
other projects, such as the Tukwila South Master Plan and the Westfield Southcenter Mall expansIOn,
have taken pnonty over the reVIew and adoptIOn of the TUC Plan. At thIS tIme, TUC Plan adoptIOn IS
now antIcIpated in the thIrd quarter of2006 There IS still a need for keepmg the moratonum m place
until the plan for the area IS adopted.
The proposed Ordmance IS the same as that currently adopted, except for a modIficatIon that allows the
CIty to preserve the land necessary for relocatmg the 100 foot-wIde Umon PacIfic Railroad nght-of-way
to the area ImmedIately adjacent to the western border of the Burlmgton Northern Santa Fe Railroad
nght-of-way.
On November 15,2005, CAP authonzed staff to forward the proposed ordmance to CouncIl for a publIc
heanng at then COW meetmg on November 28, 2005 NotIce for the publIc heanng on the moratonum
was provIded. In additIOn, mdIvIdualletters were sent to affected propeliy owners and busmesses
notlfymg them of the scheduled heanng. Attached IS a copy of the proposed ordInance
6300 Southcenter Boulevard, Suite #LOO · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
DISCUSSIOn
The cunent ordmance
. ProhibIts the filmg of all permIts and approvals related to land dIVISIOns and such uses or
actIvItIes as manufactunng, mdustnal & auto-onented busmesses
. Exempts the filmg of and approvals related to the expansIOn of eXIstmg busmesses on eXIstmg
lots, SIgn permIts and buildmg permIts for tenant Improvements, and the extensIOn of a cunent
land use permIt.
. More uses are permitted m the TOD area than affected by the moratonum. The moratonum
does not affect the filmg of approvals related to all other uses cunently allowed under TUC
zoning, whIch support and Implement the VISIOn for the area, mcludmg those that are easily
redevelopable such as auto sales lots, contractor or storage yards, or commercIal parkmg.
The proposed Ordmance IS the same as\ that currently adopted, except for a modIficatIOn that allows the
CIty to preserve the land necessary for relocatmg the 100 foot-wIde Umon PacIfic Railroad nght-of-way
to the area ImmedIately adjacent to the western border of the Burlmgton Northern Santa Fe Railroad
right-of-way This modificatIOn provides addItIOnal restrIctIons to those already Imposed by the
moratonum, prohibItmg any development actIvItIes on propertIes wIthm thIS comdor, unless the
property IS to be developed under an approved developer agreement wIth the CIty
Staff has not receIved any requests to modIfy the ordmance smce the last renewal m July 2005
Proposed Next Steps
1. Council holds a publIc heanng on the moratonum at theIr COW meetmg on November 28,2005.
2. At the next regular meetmg on December 5, 200S, Council has the followmg optIOns
a) Adopt the proposed ordmance Council renews the Ordmance, wIth the proposed modIficatIOn.
OtherwIse, Its proVISIOns remain the same as the current Ordinance No 2095 The moratonum
remams m effect for SIX months, at the end of WhICh CouncIl must hold another publIc heanng
and renew, modIfy, or allow It to lapse
b) ModIfy the proposed ordmance It remams m effect for SIX months, at the end of whIch Council
must hold another publIc heanng and eIther renew, modIfy, or repeal the moratOrIum.
c) Take no actIOn. When Ordmance No 2095 expIres on January 13,2006, land dIvIsIOns,
development actIvItIes and land uses will occur m the area as allowed under the CIty'S zonmg.
Planmng and ImplementatIOn of the TUC VISIOn and other transportatIOn Improvements may be
more dIfficult.
ConclusIOns
. To date, Staff has not been made aware of any negatIve effects from the moratOrIum on plans to
develop or redevelop propertIes m the TOD, most likely due to the lImIted scope of the moratorIum.
Should a specIfic project be proposed that falls outsIde the uses permItted under the moratorIum,
Staff will consIder the appropnateness of the project and bnng It forward to the Council for
deliberatIOn.
. Planmng CommIssIOn and CIty Council worksessions and publIc heanngs on the draft TukwIla
Urban Center Plan will begm first quarter of 2006 Plan adoptIOn IS antIcIpated m the thIrd quarter
of 2006 However, there IS stIll a need for keepmg the moratOrIum m place until that tIme
RecommendatIOns
The CAP recommends adoptmg the proposed ordmance, wIth the modIficatIOn prohibItmg development
wIthm 100 feet of the western edge of the BNSF nght-of-waybetween 1-405 and Longacres Way, at the
CouncIl's next meetmg on December 5, 2005
Transit-Oriented Development TOD Planning Area Map
r.~~"""
CITY OF TUKWILA, WASHINGTON
Ordinance No.
"-:;;-~:~/~ -
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWlLA, WASHINGTON, RENEWING A SIX-
MONTH MORATORIUM ON ACCEPTANCE OF
APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND
DEVELOPMENT ACTIVITIES AND LAND USES WITHIN
THE AREA DESIGNATED FOR TRANSIT ORIENTED
DEVELOPMENT AROUND THE TEMPORARY
COMMUTER RAIl/AMTRAK STATION AT LONGACRES;
PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, the City recogmzed the umque opportumty to promote a more
compact, mixed use, pedestrian supportive pattern of development that makes
effective use of its proxImIty and accessibIlIty to the Sounder commuter rall
and Amtrak statIOn m TukwIla, and includes a mIX of retall, service, office
and resIdential uses; and
WHEREAS, a more mtensIVe pattern oftransit-onented development (TOD)
would assist the CIty with the redevelopment of the Tukwila Urban Center,
one of thIrteen desIgnated urban centers wIthm Kmg County, and provIde
workers wIth commercIal, publIc and recreatIOnal servIces close to where they
lIve or work; and
WHEREAS, a more mtensive pattern ofTOD would benefit the regIOn by
assIsting m achieving Growth Management Act requirements and increasmg
local and regional transit ndershIp; and
'VHEREAS, m August, 2001, the CIty held a workshop, mVIting other key
stakeholders to explore the possibIlIties for a TOD m the Longacres area; and
WHEREAS, the workshop resulted m strong support for the project and a
"vIsIOn" for land use and transportatIOn m the Longacres TOD area, and
'VHEREAS, to Implement this visIOn, the CIty applIed for and was awarded a
$1.5 mIllion grant by the Federal HIghways AdmImstratIOn to prepare a
master plan for the Longacres area, IdentIfymg land use, urban desIgn and
transportatIOn/cIrculatIOn obJectIves, as well as to prepare Implementmg
ordmances and desIgn gUldelmes, complete environmental review of the plan
,<
and desIgnate It as a planned actIOn, and mtegrate the desIgn of the permanent
commuter rail/Amtrak station; and
WHEREAS, whIle the CIty anticIpates the TOD master plan project to be
completed by the end of2005, some issues need to be addressed Immediately
in order for the TOD project to be successful, and
.
'VHEREAS, the Tukwila Urban Center (TUC) zonmg dIstrict allows for a
variety ofhigh-mtensity regional uses m the TOD planning area, including
light industry and warehousing, some of which may not be of appropnate type,
density or characler to support the intent of a TOD; and
'VHEREAS, the Longacres site is considered one of the region's key
opportunities for TOD, primarily due to the large amount of vacant and
redevelop able land surrounding the station; and
WHEREAS, any significant amount of new development occurring prior to
the establishment of a desired pattern of uses in the TOD master plan could
jeopardize the City's ability to implement the TOD plan; and
'VHEREAS, the City's Municipal Code allows for the divisIOn ofland and
adjustment of boundary hnes that, if allowed to occur m the TOD plannmg
area, would make future land assemblage for a TOD project difficult and
costly, and threaten the successful ImplementatIOn of the TOD master plan;
and
'VHEREAS, within the TOD planning area, the City desires to take
immediate steps to preserve the land available for development or
redevelopment and restrict land uses that do not implement the vision for the
area until the TOD at Longacres master plan and environmental review are
completed, certain implementing zoning regulations are adopted by the City,
and other related regIOnal transportation infrastructure issues are decided; and
WHEREAS, the City also desires to ensure public input on these issues; and
WHEREAS, the moratorium will expIre on July 19, 2005Januarv t3. 2006
and the TOD planning process is not yet completed; and
WHEREAS, a public hearing on tills proposed ordinance was held on .J.tHy-
H-November 28,2005; and
'VHEREAS, the City desired to provide for an exemptIon to the moratonum
for residentIal mixed-use TOD projects wIthin one-quarter mile ofthe
Sounder Commuter Rail! Amtrak Station property, as amended in Ordinance
2085; and
\VHEREAS, \vithin the designated TOD pJannin2 area, the Cit\. desires
to preserve the land necessarv for relocating the J 00 foot wide Union
Padfk Railroad right-or-way to the area immediately adjacent to the west
side of the Burlington Northern Santa Fe Railroad 1 DO foot righ t-of-wav
by prohibiting further develonment \vitllin this corridor, since this
relocation is integral to the successful development of a TOD~
,"VHEREAS, the City desires to 'preserve the status quo for the protection of
the health, safety and welfare of City residents, as it relates to development in
Tukwila, until these matters are more fully considered and, therefore, has
determined that al1 emergency exists; and
\
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
,"V ASHINGTON, DO ORDAIN AS FOLLO,"VS:
Section 1. Findings of Fact and Emergency Declared. The "Whereas" clauses, above,
are hereby adopted by reference as the City Council's findmgs of fact as if fully set forth
herein. Furthermore, the City CouncIl hereby declares an emergency necessary for the
protection of the public health and safety.
Section 2. Moratorium Area Established. For the purposes ofthis ordmance, "the TOD
planning area" is identified in Figure 1. This area is bounded by 1-405 on the north,
Tukwila city limits on the east, the southern boundary of parcel number 2523049006 on
the south, and West Valley Highway on the west.
Section 3. Moratorium on Activities. A moratorium establIshed by Ordinance No. 2081
is hereby renewed, regarding the filing of permits and approvals within the TOD planning
area relatmg to:
1. Land dIvisions: This includes all permits and approvals related to subdIvisions, short
subdivIsions, boundary line adjustments, and lot consolIdations.
2. Development Activities and Land Uses: Except for sign pemllts, buildmg-pcll11lt::; for
tenant improvements, the e:~tCl1::;lOn of ClUTcnt land use PCl111its, and expansion of
existing busmesses on eSlsting I0t5;4Ihis mcludes all applIcatIons and approvals for
any and all:
a. rezones
b. conditional use pennits
c. unclassified use pennits
d. variances
e. binding site plans
f. required environmental review
g. buildmg permits
h. land altenng permits;
"
Rela(l11g [0 [he tulkH\ mg <tel]\. HlCS 8nd l!SC~.
(1) Amusement parks
(2) AutomobIle, recreational vehIcles or travel trailer sales rooms No
dIsmantling of cars or travel trailers nor sale of used parts allowed.
(3) Automotive services
(4) Cemeteries and crematones
(5) Commercial laundries
(6) Drive-m theaters
(7) Drive-through restaurants
(8) Electrical sub~tatlOns - distribution
(9) Heavy equipnient repaIr and salvage
(10) Internet data/telecommunication centers
(11) Manufacturing, processing and/or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and dIstIllmg),
candy, canned or preserved foods, dairy products and byproducts, frozen
foods, instant foods and meats (no slaughtering)
(12) Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs
(13) Manufacturing, processing, and/or packagmg previously prepared
materials including, but not 11lllited to, bags, brooms, brushes, canvas,
clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile,
and wood
(14) Manufacturing, processing, assembling, packaging and/or repainng
electronic, mechanical or precision instruments such as medIcal and dental
equipment, photographic goods, measurement and control devices, and
recording equipment.
(15) Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand-forging.
(16) Motels
(17) Recreation facilitIes (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges
(18) Warehouse storage and/or wholesale distribution facilities
Sign pernlits. building pemlits for tenant improvements. the extension of current land use
permIts, and expansion of existl1lQ: busmesses on eXIsting lots are exempt from tl11s
ordinance.
Section 4. Moratorium on Development Adjacent to the BurHnf!ton Northern Santa
Fe (BNSF) Railroad right-or-way. In adchtlOn to the provIsIons of Section 3 above, any
pemutted or cO!lchuonaJ uses aJlO\ved withm the TUC dIstrIct under TMC Chap\. 18.28
are prohibited on properties located withll1 100 feet of the BNSF Railroad right-of-way
bet:\veen 1-405 and Longacres Way. unless the property IS to be developed under an
approved developer agreement \Vlth the Cltv
<
Section 5. Effective Period of Moratorium. The moratonum establIshed by this
ordinance shall become effective as set forth m Section 7 below, and shall contmue in
effect for six months thereafter unless repealed, renewed or modified by the City Council
after a subsequent public heanng and entry of findmgs of fact.
Section S&. Work Program. The Mayor is ,authorized to allocate the necessary resources
to prepare a work program to address the land use and transportatiOn plannmg issues
identified in this ordmance and the City shall nnplement such a work program.
Section 61. Exemption. Res,idential mixed-use transit-oriented development projects
within one-quarter mile of the Sounder Commuter Rail! Amtrak StatiOn property are
specifically exempted from this moratorium except for property located within 100 feet of
the Burlington Northern Railroad right-of-way as set forth in SectiOn 4. PTeJ3erty located
v,'1thin 100 feet onhe Burlington Northern Railroad right of way continaes to be sabJcct
to the moratorium ~1I11ess smd property is to be dc':eloped ander an approved deye10pment
agreement ,,':ith the City ofTukv;ila.
Section +~. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre-empted by state or federal law or regulation, such decisIOn or
preemption shall not affect the validity or constitutionality of the remaimng portions of
this ordinance or its applicatIOn to any other persons or CIrcumstances.
Section 82. Effective Date. This ordinance, or a summary thereof, shall be published in
the official newspaper of the City. As set forth in Section 1, this public emergency
ordinance -- necessary for the protection ofthe public health, public safety, public
property or the public peace -- shall be effective immediately upon its adoptIOn, pursuant
to RCW 35A.12.130.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _ day of , 2005.
Steven M. Mullet, Mayor
ATTEST/AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FOR1\tf:
By
Office of the City Attorney
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster, Director
TO:
From:
Date:
Commumty AffaIrs and Parks CO~Ittee Members
Jack Pace, DCD Deputy DIrector .
November 14, 2005 .
Subject:
Renewing the current moratorium on certam land dIvIsIons and development
actIvIties wIthm the TransIt Onented Development (TOD) planmng area
Back2round
In September 2002, CouncIl adopted an ordmance estabhshing a sIx-month moratonum on the
acceptance of certain land dIvisions and land use decisIOns wIthm the transIt-onented development
(TOD) planning area surroundmg the Sounder Commuter Rail/Amtrak statIOn (see Figure 1) The
moratorium was mtended to preserve land available for development or redevelopment and restrict
land uses that do not implement the VISIon for the area until land use and transportatIOn plans and
regulations supportmg the TOD at the statIOn are m place.
In July 2005, Ordmance 2095 was adopted, renewing the moratonum. This Ordmance expIres
January 13,2006. Council must decIde whether to renew the ordmance and hold a publIc heanng, or
let the moratonum lapse To date, Council has renewed the moratorium SIX times, modIfymg It to
provide more flexibilIty muse of the parcels while the TUC plan was bemg developed.
When Ordinance 2095 was adopted, it was antIcipated that the Tukwila Urban Center (TUC) Plan
would be adopted by the end of2005, precludmg any further need to renew the moratOrIum.
However, other proJects, such as the Tukwila South Master Plan and the Westfield Southcenter Mall
expansion, have taken pnonty over the reVIew and adoptIOn of the TUC Plan. At thIS time, TUC
Plan adoptIOn IS now antiCIpated m the thIrd quarter of2006. There IS still a need for keepmg the
moratonum m place until the plan for the area IS adopted.
The proposed Ordinance IS the same as that currently adopted, except for a modIficatIOn that allows
the City to preserve the land necessary for relocatmg the 100 foot-wIde Umon Pacific Railroad nght-
of-way to the area lTIunedmtely adjacent to the western border of the Burlmgton Northern Santa Fe
Railroad nght-of-way.
Discussion
The Current Ordinance:
. ProhibIts the filmg of all permIts and approvals related to land dIvIsIOns and such uses or
actIvitIes as manufactunng, mdustnal & auto-onented busmesses.
. Exempts the filmg of and approvals related to the expansIOn of eXIstmg busmesses on
eXIstmg lots, SIgn permIts and bmldmg penmts for tenant Improvements, and the extensIOn
of a current land use permIt.
nL YNNM\Longacres TOD\moratoriulll\Dec 2005\CAPll 15.05.doc
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
. More uses are permitted m the TOD area than affected by the moratOrIum. The moratOrIum
does not affect the filmg of approvals related to all other uses currently allowed under TUC
zomng, whIch support and Implement the VISIOn for the area, mcludmg those that are easIly
redevelopable such as auto sales lots, contractor or storage yards, or commercIal parkmg.
The proposed Ordmance IS the same as that currently adopted, except for a modIficatIOn that allows
the CIty to preserve the land necessary for relocatmg the 100 foot-wIde Umon Pacific Railroad nght-
of-way to the area ImmedIately adjacent to the western border of the Burlmgton Northern Santa Fe
Railroad nght-of-way This modIficatIOn provIdes adchtIOnal restnctIons to those already Imposed by
the moratonum, prohibIting any development actIvItIes on propertIes wIthm thIS comdor, unless the
property is to be developed under an approved developer agreement wIth the CIty.
Options
1 CouncIl renews the Ordinance with the proposed modificatIOn. The moratonum remains m effect
for SIX months, at the end of WhICh Council must hold another publIc heanng and renew, modIfy,
or repeal the moratonum.
2. Council modIfies the Ordmance. It remams m effect for six months, at the end of whIch Council
must hold another publIc heanng and eIther renew, modIfy, or repeal the moratonum.
3. Council allows the Ordmance to lapse Land dIVisIOns, development actIvItIes and land uses will
occur in the area as allowed under the CIty'S zoning. Planmng and ImplementatIOn of the TUC
vIsion and other transportation Improvements may be more dIfficult.
Staff Recommendations
In summary:
1 The current Ordmance expnes January 13, 2006. Council must decIde whether to renew the
ordinance and hold a publIc heanng, or let the moratonum lapse.
2. To date, Staff has not been made aware of any negatIve effects from the moratonum on plans to
develop or redevelop propertIes m the TOD, most likely due to the lImIted scope of the
moratorium. Should a specific project be proposed that falls outsIde the uses pennitted under the
moratonum, Staff will consIder the appropriateness of the project and bnng It forward to the
Council for deliberation,
3. Planmng CommIssIOn and CIty Council worksessIOns and publIc heanngs on the draft Tukwila
Urban Center Plan will begin next spnng. Plan adoptIOn IS antICIpated m the third quarter of
2006 However, there IS still a need for keepmg the moratonum m place until that tIme
Next Steps:
1. Renew the Ordinance with the proposed modificatIOn.
2. Forward the proposed amendment on to the COW for a publIc hearmg at theIr November 28,
2005 meetmg
P.\L YNNM\Longacres TOO\moratorium\Dec 2005\CAPll 15.05.doc
\
~
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
NOTICE OF PUBLIC HEARING
Steve Lancaster, Director
November 21,2005
Dear SIr or Madam:
The Tukwlla CIty Council is considering renewing Ordlllance No. 2095 establIshing a temporary
moratonum on certain land dIvisions, and development activItIes and land uses wlthlll the area
designated for Transit-Oriented Development (TaD) around the temporary commuter
raiVAmtrak station at Longacres (see Figure 1). One modIficatIOn is proposed, prohibItlllg any
development actIvitIes within 100 feet of the western edge of the Burlington Northern right-of-
way between 1-405 and Longacres Way, unless the property is to be developed under an approved
developer agreement wIth the City. This modIfication allows the City to preserve the land needed
for relocating the Union Pacific Railroad, whIch is llltegral to the successful development of a
TaD.
Accordmg to City records, your property or business may be affected by this moratonum.
Consequently, we wanted to notIfy you of the public heanng on this ordinance scheduled for
Monday, November 28,2005, at 7:00 p.m. m Council Chambers, located in Tukwila CIty Hall,
6200 Southcenter Blvd.
The moratorium is intended to preserve land aVaIlable for development or redevelopment and
restrict land uses that do not implement the visIon for the area until land use and transportation
plans and regulations supportlllg the TaD are in place.
Within the TaD area, the current ordmance:
. Prohibits the filIng of all permIts and approvals related to'
· land dIvIsions
· such uses or actIvities as manufactunng, mdustrial & auto-onented buslllesses
. Allows the fillllg of and approvals related to:
The expansIOn of eXIsting busmesses on existing lots.
SIgn permits and buildmg permits for tenant Improvements.
. Allows the filmg of approvals related to'
All other uses currently allowed under TUC (Tukwlla Urban Center) zonlllg which
support and Implement the visIOn for the area, mcludlllg those that are easIly
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 . Fax: 206-431-3665
-2-
November 21, 2005
redevelop able such as auto sales lots, contractor or storage yards, or commercIal
parkmg.
The current Ordmance, No 2095, expires January 13, 2006. CouncIl must hold a publIc heanng
and decIde whether to renew the ordmance or let the moratonum lapse. Planmng for the TOD
area is underway, and there is stlll a need for keepmg the moratOrIum in place until a master plan
for the area is m place.
For additIOnal mfonnation, or to obtam a copy of the proposed ordinance, please contact Lynn
Miranda, Senior Planner, or Jack Pace, Deputy Dltector, at 206 431.3670
sincerel
~ce
Deputy DIrector, Department of Community Development
". l .
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Community and Parks Committee
November 15,2004
Present:
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Rick Still, Jack Pace, Lynn Miranda, Lucy Lauterbach
1. Proiect Completion and Acceptance-Tukwila Pool A high perfonnance coatmg of paint
was applied at the Tukwila Pool, and it should extend the life of the paintmg Job longer than
nonnal pamt. The Job has been fimshed since early October, and the contractor Long Pamtmg is
ready to receive his retainage payment. Recommend project acceptance and release of
retaina2:e to consent a2:enda of a ~e2:ular .Meetin2:.
2. Third Quarter Reports The Conumttee members had not questions about the reports,
though if they find any later, they will refer questiOns to the department. Review completed.
;\(3. Renewing Moratorium on TOD Planning Area Jack and Lynn explamed that the current
moratorium expires January 13,2006. Staff is recommendmg movmg forward now with
renewing the moratonum because of the uncertamties regardmg CIty Council's meetmg schedule
in early January. Council and the City Attorney will consider the date upon which the renewed
ordinance becomes effective. It was anticipated that the Tukwlla Urban Center Plan would be
completed by now. However, other projects such as the TVS contract have taken pnonty over
the reView and adoptiOn of the Plan. One modificatiOn to the current moratorium is that the
ordinance would reserve a 100' corridor of land adjacent to the BNSF right-of-way necessary for
relocating the Union Pacific nght-of-way The comdor would be preserved by prohibitmg any
development in this area, unless the property is developed under an approved developer
agreement with the City. Recommend forwardin2: the ordinance for a public hearin2: at the
CO,"V meetin2: on November 28th.
~) C'O'mmIttee chmr approval
r:
ilinutes by LL
,,~<;~.
�J�""`A was COUNCIL AGENDA SYN0PsIs
C Initials ITEM No, d'• i s O�P Meeting Date Prepared by I Mayor's review) Council review!
N' '2 November RAB
t i s is iv 28,2005 A i 3 .3 1
1908 I
4-
1 ITEM INFORMATION
CAS Number 05-152 Original Agenda Date November 28,2005
Agenda Item Title: Development Agreement between the City of Tukwila, WEA Southcenter LLC and
Prudential Financial Inc., for the Expansion and Renovation of Westfield Southcenter
Original Sponsor Council Admin.x
j Timeline.
Sponsor's Summary: The attached draft Development Agreement details responsibilities of the parties
responsible for the expansion of Westfield Southcenter Mall
Recommendations:
Sponsor: Review and forward to Special Meeting for approval
Committee.
Administration.
Cost Impact (if
known).
Fund Source (if known)
RECORD OF COUNCIL ACTION
Meeting Date Action
APPENDICES
Meeting Date Attachments
11/28/05 I Memo from Mayor to Council dated 11/22/05
Draft Development Agreement (plus attachments)
property map and legal description
Parki Derrsio otice— of- -Decision dated December 3, 2004
Board of Architectural Review Notice of Decision dated December 13, 2004
Fruritage i provemen design
Utility turnover document (Bill of Sale)
Transportation Cmte meeting minutes of November 14, 2005
City of Tukwila
6200 Southcenter Boulevard. Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: CIty CouncIl
FROM: Mayor Mullet
DATE: November 22,2005
SUBJECT. Development Agreement
Westfield Southcenter Mall
Attached for your reVIew is a draft Development Agreement for the expanSIOn and
renovatIOn of Westfield Southcenter Mall. Tills agreement IS the result of countless
hours of staff tIme and, we belIeve, represents the best mterests of all parties.
Staff will be aVailable at the meetmg to respond to Council questIOns.
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
~A' F?
it\ .. ., ~ b
CONTRACT#_
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TUKWILA,
WEA SOUTHCENTER LLC, AND PRUDENTIAL FINANCIAL INC.,
FOR THE EXPANSION AND RENOV A nON
OF WESTFIELD SOUTHCENTER MALL
Section 1:
Parties
l.l This Development Agreement ("Agreement") is entered into by and between the City of
Tukwila, a Washington Non-Charter Optional Municipal Code City (the "City"), Prudential
Financial Inc. ("Owner"), the majority owner of the property, and WEA Southcenter LLC, a
Delaware limited lIability company ("Westfield"), a lessee and developer of the property This
Agreement is entered into pursuant to the authority of RCW 36.70B.l70 through .210 under
which a local government may enter into a development agreement with any entity having
ownership or control of real property withm its junsdictlOn. All three entities shall be known
collectively as "the Parties" to this Agreement.
Section 2:
Recitals
2.1 Westfield South center Mall, the development sIte, is located on land wIthin the City of
Tukwila, within the block bounded by Southcenter Parkway, Strander Boulevard, Andover Park
West and Tukwila Parkway, excluding the Bank of America parcel in the northeast comer of the
block. The site, comprismg approximately 85 acres, is shown on attached Exhibit A and a legal
description is attached hereto as Exhibit B and shall be known as the Property ("Property").
2.2 Except for a portion owned by Federated Department Stores, Inc., the Property is owned
by Prudential Financial Inc. and Westfield is the lessee of the Property pursuant to a long tenn
lease.
2.3 The purpose of this Agreement is to address the expansion of the mall in accordance with
development agreements under Washington State law (RCW 36 70B.l60 et seq.), which
authorize local governments to enter into development agreements with any entity having
ownership or control of real property within a local government's jurisdiction.
2.4 The City and Westfield agree that Westfield's presence in the community provides
significant economic and community benefit to the City and its residents.
2.5 Westfield would like to improve the market position of Southcenter as a regional,
commercial shopping complex that offers a wide variety of merchandise options, commercIal
services, entertainment and retail opportunities for consumers. To accomplIsh this goal,
Westfield proposes to expand the existing Southcenter complex by approximately 787,903
square feet of gross building area ("gba"), herein after referred to as the Project ("Project"). The
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Project may include retail uses, restaurants, a movie theater complex, a hotel, and parking
structures that=are developed in phases.
2.6 The City reviewed the Project through an Environmental Impact Statement ("ElS")
entitled Westfield Shoppingtown Southcenter Expansion dated October 6, 2004 (the "ElS
Issuance Date"), prepared pursuant to the State Environmental Pohcy Act, RCW 43.2lC.
2.7 On December 3,2004, the City approved a Complementary Parking and Admimstrative
Parking Vanance (the "Parking DecisiOn") subject to conditions that result in a reduction from
the mlTIlmUm number of required parking spaces for the Project. A copy of the Parking Decision
is attached hereto as Exhibit C.
2.8 On December 13, 2004, the Tukwila Board of Architectural Review ("BAR") granted
Westfield design review approval for a site plan for 597,009 square feet of the Project (the "BAR
Decision"). A copy of the Initial BAR Decision is attached hereto as Exhibit D
2.9 Westfield desires assurances that it may develop the Project in accordance with the
ordinances, resolutions, codes, rules, regulations and official policies of the City governing the
development and use of land existmg on the date of the EIS and subject to specific conditions of
approval. Absent this Agreement, the risk and uncertainty that the City might change the rules,
regulations and/or official policies applicable to development of the Project, or impose
alternative conditions, potentially decreasing the size or increasing the costs of the Project,
would deter and discourage Westfield for developing the Project.
2.10 The City, Westfield and Owner agree that each has entered into this Agreement
knowingly and voluntarily, and agree to be bound by the tenns and conditions of this Agreement.
2.11 The Tukwila City Council held a public hearing to consider this Agreement on
,2005.
2.12 The City, Westfield and Owner agree that the foregoing recitals are material to this
Agreement, and that each Party has relied on the material nature of such tenns and recitals in
entering into this Agreement.
Section 3:
The Agreement
THEREFORE, in consideration of the mutual promises and covenants set forth below,
and for other good and valuable consideration, the receipt of which is hereby acknowledged, the
Parties acknowledge and agree as follows:
3.l Tenn. This Agreement shall commence on the Effective Date. Westfield shall have six
(6) years from the Effective Date in which to apply for the building pennit(s) needed to construct
the entire Proiect, unless the Parties sooner agree in writing to tenninate or extend this ' , lJ Deleted: C:\DOCUME-l\RbondalLOC
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the Project. Once Westfield submits a complete building pennit application for the Project, this
Agreement shall continue until such building pennits (including any extension to the tenns
thereof) expire, or until the City Issues all required certificates of occupancy, whichever occurs
first.
3,2 Effective Date. This Agreement shall become effective the later of: a) the first date on
which all Parties have executed thIs Agreement; or b) the date on which the CIty Council
affinnatlVely moves to authorize the Mayor to execute the Agreement for the City of Tukwila.
3.3 Vested Rights. The provisions of the Tukwila Municipal Code ("TMC"), excluding
building and fire codes pursuant to TMC Chapter l6, in effect on the ElS Issuance Date shall
apply to the Project, except as otherwise provided in this Agreement or by state or federally
mandated laws preempting the City's authority to vest regulations for the Project. In addition,
pursuant to RCW 36.70B.l70(4) (Development Agreements - Authorized), the City reserves
authonty to impose new or different officially adopted regulations of general applicability; but
only If, and to the extent required by a serious threat to publIc health and safety as detennined by
the City Council, and only after notice and an opportunity to be heard has been provided to
Westfield. The Project shall not be subject to any development moratoria the City may adopt
subsequent to the date of this Agreement unless necessItated by a serious threat to the public
health, safety and welfare.
Section 4:
Interrelationship Between Development Agreement and
Other Approvals and Applications
4 1 Binding Nature: Conflict. Westfield and Owner shall be bound by this Agreement. The
tenns and conditions of this Agreement shall apply to the Project, provided that, should an
irreconcilable conflict arise between a tenn or condition in this Agreement and a tenn or
condition in the BAR Decision or Parking Decision, or a modification to the BAR Decision or to
the Parking Decision, the more restrictive of said tenns shall be applied to the Project.
4.2 Prior Approvals. Westfield has received a BAR Decision on design issues and a Parking
Decision on parking issues. Westfield shall comply with the conditions of the BAR Decision
and Parking Decision or seek modifications thereto. The Parties also agree that design review
approval is reqUIred for the remamder of the Project not included in the BAR Decision. The
Parties agree that any modification to the approved design, any modification to the Parking
Decision, and any addItional design review approval required for the remainder of the Project
shall not require an amendment to this Agreement so long as it does not increase the Project's
gba. As part of reviewing any proposed modifications to the approved design, any modification
to the Parking Decision, and any future design review for the remainder of the Project, the City
shall not impose conditions on the Project inconsistent with any provision of this Agreement.
4.3 SEP A Compliance. The Parties acknowledge that the EIS fully and completely evaluated
the environmental impacts for development of the Project and that further SEPA review may
only be required if the criteria set forth in WAC ~l97-11-600(3)(b) (part Six - Using
Environmental Documents, SEP A Rules) are triggered.
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4 4 Future Building Pennits. The Parties acknowledge that the Project will require building
pennits and that conditions may be imposed on such building pennits based upon applicable
building and fire codes.
Section 5:
Transportation
5 1 Transportation Concurrency. The PartIes evaluated the Project for transportatIOn
concurrency as part of the EIS. It was concluded that the Project meets City level of service
standards and therefore is compliant. The Parties agree that Westfield shall not be required to
construct or fund any transportation improvements to establIsh transportation concurrency
Further, the Parties agree that the City shall not require any additional transportation analysis as
part of any future City pennitting for the Project.
5.2 Transportation Impact Fees.
a, The Parties have completed the \technical analysis to detennine the transportation
impact fees due to mitigate the transportation impacts of the Project pursuant to TMC 9.48 150
(Transportation Concurrency Standards and Impact Fees). Based on that analysis, the Parties
agree to the following transportation impact fee schedule for the Project:
Project # Link or Intersection Impact Fee Due
96-RWl8 Southcenter Parkway & l6811l $l5,200
93-RWll West Valley & Strander $43,l20
89-RW13 Interurban Bndge $19,920
84-RW07 Minkler (Andover Park West to Southcenter $0
Parkway)
88-RW04 Andover Park West (Tukwila Parkway to $27l,l50
Strander Blvd)
03-RW05 Andover Park East & Minkler $25,960
84-RW03 Southcenter Parkway (l80th to South City $l6,470
Limits)
02..RW04 Southcenter Blvd. (51 st to Tukwila $184,000
International Blvd.)
89-RW05 East Marginal (BAR to 1 12th) $0
84-RW19 Tukwila Urban AccessIKlickitat
Improvements (Southcenter Parkway to 1..5) $504,l20
Total Transportation Impact Fees for the Proiect $1,079,940
No additional transportation analysis and no additional transportation concurrency certificates
shall be reqUIred for Westfield to construct the entire Project.
b. These Transportation Impact Fees are based upon the trips generated from
development of 787,903 square feet of gba, which is full buildout of the Project. Westfield shall
only pay the proportion of Transportation Impact Fees owing prior to issuance of building
pennits for the Project based upon the proportional trips generated from the square footage of
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development proposed in such building permits as compared to the trips generated from full
buildout.
5.3 Tukwila Urban AccessIKhckitat Improvement Proiect. The City has begun design of the
Tukwila Urban AccessIKlickitat Improvement project, Project 84-RW19 (the "Klickitat
Project"). The Parties agree that the design wiII include as a design alternative a new vehicular
ingress only "slip ramp" that wiII provide access by northbound traffic north of Strander
Boulevard down mto the Property and pedestrian access via a separated pedestrian walkway
from Southcenter Parkway (the "Slip Ramp"), and a retaming wall as necessary to support the
Southcenter Parkway improvements for Phase 1 (the "Klickitat Wall"). If the Sears Tire Store is
built pnor to the constructIOn of the Klickitat Project, Westfield 'shall build a retammg wall for
the TBA pad (the "TBA Wall") and submit documentatIOn to the City that confirms the cost of
the TBA Wall (the "TBA Wall Costs"). In the event that the City uses the TBA Wall as a
portion of the Klickitat Project or removes the TBA Wall, Westfield shall be compensated by the
CIty for the TBA Wall Costs as follows: (a) in cash at completion of the Klickitat Project; (b) in
the form of a credit in the amount of the TBA Wall Costs against any LID assessment for the
Klickitat Project; or (c) a combination of (a) and (b) that fully compensates Westfield. If the
TBA Wall is removed in whole or in part by the construction of the Slip Ramp, no compensation
shall be due from the City. If the Slip Ramp design alternative is chosen by Westfield to be
included in their final project, Westfield shall reimburse the City for all construction costs
associated with the construction of the slip ramp and separated pedestrian walkway, but not for
costs associated \vith the Klickitat Wall.
5.4 Transportation Improvement Proiect Credit. Westfield and/or Owner shall dedicate the
right-of-way necessary for the Klickitat Project, including the Slip Ramp, if Westfield agrees to
fund these improvements. Westfield has received a credit against the Traffic Impact Fees for the
dedication of right of way. The Parties agree that such dedicated right of way shall not include
any parking lot or circulation driveways in the Project.
5.5 No Protest LID Agreement. Prior to issuance of the first building permit, Westfield and
Owner shall execute individual no protest LID Agreements for the following future projects:
. Improvements to Tukwila Parkway
. 6l st Avenue South Bridge Widening
. Tukwila Urban AccessIKlickitat Improvement Project
Westfield shall receive a credit against the assessment for the TukwiIa Urban Access/Klickitat
Improvement Project LID for that portion of the Impact Fees paid pursuant to Paragraph 5.2 that
are attributable to the Tukwila Urban AccessIKhckitat Improvement Project.
Each agreement to not protest the formation of a future Local Improvement District shall include
the right of Westfield and the Owner to protest the methodology and/or specific amount of any
LID assessment
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5 6 Frontage Improvements.
a. Westfield shaH provIde frontage improvements along Andover Park West from
Strander Boulevard north to the new limIts of the existing bus pullout, and from Baker Boulevard
north to the Bank of America property line; along Tukwila Parkway between the Bahama Breeze
access and the Bank of America property lme (aH these improvements are hereinafter referred to
as "Frontage Improvements"). The Frontage Improvements shall be designed and constructed
consistent with the followmg:
l. Landscaping shaH be completed pursuant to the Tukwila Street Tree
Program for the CBD SIdewalk Project; however, tree placement should be preferred between
traffic and sidewalk whenever practicable.
2. Sidewalk sections shaH be a minimum of six feet (6') in width except that,
in locations where the sidewalk is adjacent to an existing traffic control cabinet or light pole, the
sidewalk may be reduced to the minimum ADA; width.
3. All hght poles or other obstructions (e.g. signal control cabinets) may
either be located or relocated behind the sidewalk or, at Westfield's discretion, the light pole or
other obstruction may remain within the sidewalk, but the sidewalk shall be widened to provide
clear passage around the pole or other obstructIon so long as the Wldth is consistent Wlth ADA
standards. The only exception to this provision is if a sight distance or turning radius issue is
created by the pole or obstruction at the Strander Blvd. and eastern driveway location. If, at this
one location, the City detennines that sight distance or turning radius standards cannot be met,
the pole or obstruction shaH be relocated at Westfield's expense, or Westfield shaH provide
engineering substantiation demonstrating that turning movement and sight distance standards
will be met without such relocation.
4 All public sidewalks may be instaHed on easements.
5. The Frontage Improvements are illustrated on Exhibit E (''Frontage
Improvement Design") attached hereto and incorporated herein by this reference. Should a
conflict arise between the text in this Section 5.6 and the Frontage Improvement Design, the
Frontage Improvement Design shaH control.
b The westerly access on Strander Blvd. shaH be relocated so that it aligns with the
existing driveway on the south side of Strander Blvd, that provides access to the "rear"
parking/service area of Target and the primary entrance to the Tukwila Duck Pond. Westfield
shaH construct a traffic signal with fuH turning movements at this access. The Parties agree that
no public safety concerns at this access have been forecast to warrant turning movement
restrictions. Should the City identify, in the future, safety concerns that may warrant turning
movement restrictions, the City shaH provide notice to Westfield and a reasonable opportunity to
comment and propose alternative measures to address potential safety concerns.
c. Westfield shaH provIde restriping, if necessary, so that channelizatIon in Baker
Blvd. matches changes in the Andover Park WestlBaker Blvd, intersectIon.
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d. Westfield shall provide the City with easements for the maintenance of the traffic
signal loops that are present on the Property. The City shaH bill Westfield on an annual basis for
the actual mamtenance performed on the traffic loops.
e. The Project plans must include an extension of the Andover Park West transit
center pullout to the south by thirty feet (30') subject to approval by adjacent tenants; however
this shall not restrict the City from closing this access under its authority under the State of
Washington Constitution.
f. The Project plans must include modifications to the two accesses to the U.S. Post
Office to permit right in/right out with widths between twenty-five feet (25') and thirty-five feet
(35'), and include closing of the two accesses located in front of the Firestone building, an
subject to approval by adjacent tenants; however this shall not restrict the City from closing this
access under its authority under the State of Washington Constitution.
g. Any future changes to access points or intersections must be designed to align
with existing adjacent access driveways. Civil plans must include information on the
neighboring accesses/intersections.
h. Westfield shall provIde a new l5-foot \vIde easement along Andover Park West to
accommodate sidewalks, utilities and temporary construction. The existmg lO-foot and 5-foot
easements shall be extinguished.
Section 6:
Water, Sewer, and Surface Water Utilities
6.1 General. The Project will require removal of a substantial amount of the utilities
infrastructure on the south side of the site, but will have only minimal effect upon the north side
utilities. The Owner, Westfield and the City agree that the utilities are in fair shape, except for a
bow in the sewer line north of Mervyn's Department Store, which is located in the northeast
portion of the Property and which needs to be corrected. All of the fire and irrigation cross-
connection controls on the north side of the development are in place and up to date. So long as
the requirements of Sections 6.2 and 6.3 of this Agreement are met, sufficient sewer and water
capacity exists for the Project. The City shall not withhold any permit approvals for the Project
on account of insufficient water or sanitary sewer capacity to accommodate the Project. The
City shan not require any additional off-site water, sewer or surface water infrastructure
improvements to support the Project. The Parties agree to the conditions set forth in the
remaining subsections of this Section for any building permit(s) for the Project.
6.2 Water Service.
a. A water availability certificate shall be issued by the City upon Owner and
Westfield completIon of the fonowing:
1 Submission of a site survey locating the existing 8-inch water line along
Southcenter Parkway and its l5-foot easement, and an accurate provision of a new easement, if
needed, that coincides with the actual location of the water line.
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2. Insta1lation, at Westfield's expense, of two lO-inch valves; one on the east
side and one on the west side of the sIte. Owner and Westfield shall own and maintain all
existing and new water system inftastructure between the two valves, except water meters
exterior to the building, which shall belong to the City pursuant to TMC Chapter l4 04 (Water
Rates and Regulations).
3. Upsizing, at Westfield's expense, to a new l2 inch water line, those
portions of the existing lO-inch water line on the south side of the Property that must be
relocated in order to construct the Project.
No further conditIons need to be satisfied for issuance oftne water availability certificate.
b There are approximately nineteen existing external connections to the looped, 10-
inch mains. Some of these connections are water supply to the building and some of these
connections are for irrigation. All water supply connections to the building shall have City
owned meters at the private main. The City sha1l insta1l these meters and appurtenances as well
as conduct all associated construction for insta1latlOn. The City agrees to waive the pennanent
meter fees. Westfield shall meet current City standards for all new connections as foIlows:
1. InstaIlation of a reduced pressure principle assembly ("RPP A") between
each water supply meter and the buildmg, locating each RPP A as close to its meter as possible.
2. On lines that Westfield replaces, upgrade the water only (irrigation
meters), as needed to meet the City's current standard.
3 On lines that Westfield replaces, upgrade the cross connection control
(backflow preventIon) on the irrigation meters as needed.
4. Provision of an easement benefiting the City for each meter, new or
existing.
c.
modeling.
The City shall include the capacity provided by the new line in its fire flow
6.3 Sewer Service.
a. The City shall repair the sewer line north of Mervyn's to remove the bow in the
pipe.
b. Upon the City's completion ofsewer line repair work north of Mervyn's, Owner
and Westfield shaIl accept ownership and assume maintenance responsibilities for the existing
sewer system from the connection at the main in Andover Park West throughout the Property.
6.4 Surface Water. The Parties analyzed the potential stonnwater impacts of the Project in
the EIS. The EIS concluded that because the Project would not increase the amount of
impervious surface at Southcenter, the Project would generate no additional effect on water
quantity relative to existing conditions. The EIS further concluded that because the Project
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includes converting some existing surface parking areas into structured parking and interior mall
space, the Project would have a net positIve effect on the qualIty of surface water runoff for
Southcenter. Based on this analysIs, the Parties agree that no new or additional stonmvater
detention will be reqUired as part of the Project. Westfield has agreed to include additional
stonmvater quaJity treatment on the south side of the Property (e.g., in-line stormwater treatment
vaults) as part of the Project to improve the quality of the stormwater runoff generated by
Southcenter.
6.5 Ownership of Utilities. In 1969, the City entered into a Bill of Sale of Utility Facilities
and Utility Right-of-Way Agreement (the "Utility Agreement") with Southcenter Shopping
Center Corporation, Boncom Corporation, Allied Stores Corporation and Connecticut Life
Insurance, the then-owners and lessee of the Property. The UtilIty Agreement provided that the
sanitary sewer trunk lInes and laterals, storm sewer trunk lines and laterals, and water mains and
laterals (referred to as "Utility Lines") instaIJed by the owners to serve the Property were
conveyed to the City and were thereafter maintained by the City
Upon completion of the utility repair noted in this Agreement, the City and Owner shall execute
a Bill of Sale, in the fonn generally as attached hereto as Exhibit F, transferring to Owner
ownership of and maintenance responsibility for those Utility Lines identified in the Bill of Sale.
Owner shall grant easements to the City for access to and inspection of new master water meters
constructed as part of the Project. L_u__n___m.__mm_hu___hhu _u_uum.m__m m.._m_.___uu._u__u....-..
Section 7:
Remaining Development Conditions
7.1 Power Supplv Distribution. Westfield shall coordinate with Puget Sound Energy ("PSE")
for additional electrical capacity for the shopping center development through the addition of a
new distribution feeder circuit to the existing system that presently serves the shopping center
campus. As of the Effective Date of this Agreement, the Parties anticipate that the best source
for an additional circUIt would come from the Southcenter substation located on South center
Parkway and approximately S. l68 St. An empty conduit pathway placed by PSE exists from the
substation to the south side of the Southcenter property at Strander Blvd. To meet this condition,
Westfield shall extend a vault and conduit system north from the intersection of Southcenter
Parkway and Strander Blvd., near the fonner Doubletree Inn, and tie into the existing spare
conduits on the west side ofthe shopping center campus. At this west side location, new conduit
pathway and vault infrastructure wiIJ be provided by Westfield to facilitate PSE's feeder circuit
and primary power switching and transformation equipment necessary to serve the new and
renovated development on the shopping center site. The new feeder circuit would then extend
from the substation through the conduit system on the Southcenter site to tie into the existing
PSE primary power circuitry located on the east side of Southcenter on Andover Park West. As
needed, PSE shall add additional station transformer capacity at both Southcenter and Renton
JunctIon substations.
7.2 Communications. Westfield shall upgrade the existing Qwest Communications main
point of presence ("MPOP") space located inside Westfield Shoppingtown Southcenter to meet
the anticipated mcreased voice and data services demand generated by the Project. If the
existing space is maintained and expansion occurs in another area in order to meet the increase in
demand, Westfield shall protect and provide maintenance access to the existing communications
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needs to include an Exhibit showing
which lines are included in transfer and
which lines are retained by the City (e.g.,
Lift Station). and provide details
regarding description offacHities and
termination of easement rights granted to
City in Utility Agreement]
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path while digging during construction. If the extent of digging precludes Westfield from
protecting the existing communications path, Westfield shall relocate all communications
components (preferably in one location). lf so, Westfield shall provide new conduit and updated
service equipment. Westfield is responsible for any and all upgrades that would enable Qwest to
serve Southcenter
7.3 Air Quality Measures. Westfield shall control fugitive dust during construction of the
Project using reasonable precautions as provided by the Puget Sound Clean Air Agency.
7.4 EmergencY Measures. Westfield shall maintain accessibility to the Project site during
construction in order to retain current emergency response times. Westfield shall coordinate
displacement of parking and/or disruption to vehicular or pedestrian traffic patterns with
South center management and Tukwila Police and Fire prior to construction.
7.5 Security Measures. Westfield shall take the following actions in order to improve
existing police service to Southcenter and to \meet additional service demands created by the
Project:
a. Short-term Construction. Westfield shall provide site security measures during
Project construction, such as security patrols, fencmg, lighting, and provision of secure areas for
equipment, in order to discourage theft, vandalism, trespassing, and other unauthorized activities.
Westfield shall work with the Tukwila Police Department, where possible, to implement these
secunty measures.
b. Radio Communications. Westfield shall coordinate during design and
construction of the Project to establish a mutually acceptable Tulcwila Police Department
transmission and reception with the Valley Communications Center throughout the Property.
c. Community Resource Center. Westfield shall provide a tenant space in the
Project and designated parking areas for the City of Tukwila Police Department, to be available
upon the certificate of occupancy of the Project. The location and size of the space, which shall
be mutually agreeable, shall provide visibility and convenience thus enabling the City Tulcwila
Police Department personnel to support Property safety and security.
d. Property Lighting and Security Cameras, Westfield shall provide adequate
exterior and/or interior security cameras and adequate exterior and garage lighting that comply
with City standards.
7.6 Recycling Program. Westfield shall provide recyclable collection points and haul routes
designed to minimize impacts to pedestrian and vehicle routes. Westfield shall designate
recycling space that is equal to or greater than space allotted for garbage bins and compactors
and work with the City to maintain an effective recycling program, including recycling of plastic
film, apparel bags, paper, cardboard bottles and can.
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7.7 Parking Stall Dimension. Westfield shall be allowed to maintain its existing parking stall
stripmg for buildout of the Project and may replace such striping in its existing configuration
where surface parking and circulation areas are reconstructed for the Project.
Section 8:
Transfer of Property by Westfield and or Owner
8.1 Authority to Transfer. Westfield's and Owner's right to sell, transfer, mortgage,
hypothecate, conveyor take any other similar action regarding real property interests in the
Property or any financing thereto shall not be infringed by this Agreement, provided, however,
that any such sale, transfer, sale, lease, etc. shall be subject to the tenns and conditions, rights
and obligations of this Agreement. '
8.2 Obligations of Successors. This Agreement shall be binding upon all subsequent heirs,
successors, assigns, purchasers, owners, lessees or lessors and transferees of every nature and
kind. Upon transfer of all interest in the Property, OwnerfWestfield shall be released from all
obligations under this Agreement.
8.3 Estoppel Certificate. The Owner or Westfield may, at any time, and from time to time,
deliver written notice to the City requesting the City to certify in writing that, to the knowledge
of the City (i) this Agreement is in full force and effect and a binding obligation of the Parties;
(ii) this Agreement has not been amended or modified either orally or in writing, and if so
amended, identifying the amendments; and (iii) the requesting Party is not in default in the
perfonnance of its obligations under this Agreement, or if in default, to describe therein the
nature and amount of any such defaults. The City shall execute and return such certificate within
thirty (30) days following the receipt thereof. The City shall have the right to execute any
certificate requested by the Owner or Westfield hereunder The City shall not have any liability
to the requesting Party or to any third party for inaccurate infonnation if it provides the estoppel
certificate in good faith and with reasonable care.
Section 9:
Binding Nature; Modification
9.1 Binding Nature. Once executed, this Agreement shall be bindmg on the Parties to this
Agreement and their heirs, successors and assigns, from the effective date through the tenn of
the Agreement.
9.2 Modification or Tennination of Agreement.
a. This Agreement may be modified or tenninated only upon the mutual written
agreement of the City Council, Westfield and the Owner and its successors, and/or assigns.
b. In addition, this Agreement shall be deemed tenninated and of no further force
and effect upon the completion of the Project in accordance with the tenns and conditions of this
Agreement, including issuance of all required occupancy pennits.
9.3 Other Agreements. The Parties acknowledge that this Agreement contains the entire
agreement between the Parties with respect to the development of the Project.
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Section 10: General Terms
10 I Venue. Venue for all disputes arising under or connected with this Agreement and its
component parts shall be the Supenor Court of Kmg County. This Agreement shall be governed
and interpreted in accordance with the laws of the State of Washington.
10.2 No Waiver of Police Power or Condemnation Authority. The CIty does not waive its
police power or condemnation authority by entering into this Agreement, but shall not exercise
its poJice power in any manner inconsistent wIth this Agreement.
lO.3 Covenant Running with the Land. This Agreement and its component parts shall be
covenants running with the land and/or equitable servitudes, and shall be binding on the Parties
and their successors and assigns, and on all subsequent owners, purchasers, lessees or lessors,
and transferees of every nature as set forth herein. Westfield shall record a full and complete
original of this Agreement against title to the Property WIthin five (5) days followmg the
effective date of this Agreement with the Real Property Records Division of the King County
Records and Elections Department.
104 Owner's and Westfield's Responsibility. Any act or omission required of or pennitted by
the Owner or Westfield may be taken by the Owner or Westfield or by its agents, contractors or
employees; provided that the Owner and Westfield shall not thereby be relieved of its
responsibility or liability to the City under this Agreement.
10.5 Attorney's Fees. In any action arising under or related to this Agreement, each Party
shall bear its own attorney fees and expenses, whether at trial or on appeal, or in any bankruptcy
proceeding.
lO.6 Specific Perfonnance. In the event that any Party fails to perfonn as set forth in this
Agreement, the non-defaulting Party or Parties shall be entitled to pursue specific perfonnance
agamst the defaulting Party The Parties acknowledge that money damages and remedies at law
generally are inadequate and specific perfonnance and other non-monetary relief are particularly
appropriate remedIes for the enforcement of this Agreement and should be available to the
Parties for the following reasons:
a. Money damages are inadequate to compensate the Parties for the unique benefits
available through this Agreement; and
b. Due to the size, nature and scope of the Project, it may not be practical or possible
to restore Southcenter to its natural condition once implementation of this Agreement has begun.
lO.7 No Third Party Beneficiary. This Agreement is for the benefit of the Parties hereto only
and is not intended to benefit any other person or entity, and no person or entity a signatory to
this Agreement shall have any third party beneficiary or other rights whatsoever under this
Agreement. No other person or entity not a Party to this Agreement may enforce the tenns and
provIsions of this Agreement.
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10.8 Other CondItions. The Parties acknowledge that fire and building code condItions may
be imposed on building permits issued for the Project.
lO.9 Severability. If any section, sentence, clause, provIsion or portion of this Agreement is
declared unlawful or unconstitutional for any reason, the remainder of this Agreement shall
continue in fuB force and effect.
lO.lO Notice. All notices or communications provided for by this Agreement must be in
writing, and may either be delivered personally, by certified mail, or by express delivery service,
return receipt requested. Such notices shall be deemed deHvered on the date of receipt, as
evidenced by the return receipt or the equivalent (e.g., date stamp of recipient). All notices or
communications shall be given to the Parties at their addresses set forth below'
For the CIty ofTukwila:
City Clerk
City ofTukwila
6200 Southcenter Boulevard
Tukwila, W A 98188
For the Owner'
Prudential Financial Inc.
For Westfield:
WEA Southcenter LLC
Any Party may, upon ten (lO) days written notice to the other Parties, substitute an alternative
address for that listed above, either for a particular duration or permanently.
1 O.ll. .~ut.~~~t~ctoJ~x.~c.ut~.... Theuq!YLQ~~~.~~~..w.~~~~~J~P~~~~.~~. .'!!l~. .~':'~.1!?!!Uh~~. .~~~L""
have the respective power and authority, and are duly authorized to execute, deliver, and perform
all of the obligations under this Agreement.
1 0.12.. Mllhlal, ))raftiIlg; at1~. c;o~struc:ti,<?Il~..TI1.~.I>?~~ (l8!.~~.~~?~. .~~h. .<?f ~he.~ .p'a:t!~ip.~!ed. f~!!y..,
in the negotiation and draftmg of this Agreement and the rules of construction of ambiguities
against the drafter shall not apply to any Party
"
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which shan be deemed an origina1.
Section 11: List of Exhibits
Exhibit
A
B
C.
D.
E.
F.
Description
Property Map
Property Legal Description
Parking Decision
BAR Decision
Frontage Improvement Design
Utility Turnover Document
ON BEHALF OF THE CITY OF TUKWILA:
Date of Execution:
Steve Munet, Mayor
ATTEST:
Jane Cantu, City Clerk
APPROVED AS TO FORi\1:
City Attorney
ON BEHALF OF PRUDENTIAL FINANCIAL, INC.:
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By: Prudential Retirement Insurance and Annuity Company
Its: Member
By'
Name:
Title:
Date of Execution:
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C:\DOCUME-l\iane\LOCALS-l\Temp\ WESTFI-I.DO~_ _ __ _ _ _ _ n __ n_ _n _ n_ m_n _ _ _ _ _ _ _ _ _ _ _n n _ _ _ __ __n _ _ _ _m__ _ _ _ _ j
On this _ day of , 2005, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared before me , to me known to be the managing member of
, a company, that executed the
foregomg instrument, and acknowledged that he signed the same as a free and voluntary act and
deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the said instrument.
SUBSCRIBED AND SWORN to before me this _ day of
,2005.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commIssion expires
ON BEHALF OF WEA SOUTHCENTER LLC
By: Westfield America Limited Partnership, a Delaware limited liability company
By' Westfield America, Inc. a Missouri corporation, its general partner
By'
Its:
Date of Execution:
On this _ day of , 2005, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared before me , to me known to be the managing member of
, a company, that executed the foregoing
instrument, and acknowledged that he signed the same as a free and voluntary act and deed for
the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the
said instrument.
SUBSCRIBED AND SWORN to before me this _ day of
,2005.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commissIOn expires
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11/23/05 10:46 FAX 206 626 0675
BUCK & GORDON LLP
141 002
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so~'*AATBR QE;.~0N~, toWNSIDP 23 NORTH. RANGE 4 EAST,
WM, IN!QNG cdutirY':Jw ~HINQ,TQN;,AND OF THE SOUTHEAST QUARTER OF
THE SO~ ~QU~~o O~:.$~::~ECTION 23, AND OF THE INTERURBAN
ADDmON TO S~TTf.E, ~CC9~q-'To..r.~T ~ED IN VOLUME 10 OF
PLATS AT P AGE(S):5J~ IN;~ 9O~ W As.~G1;O~ AND OF BROOKY ALE
GARDEN TRACTS, ACCQRDING/to..P]iAT RBC01IDEI):'~ VOLUME 10 OF PLATS
AT PAGE(S) 47, IN KINd':c'~/-WAstriN\!TqN,!~ OF THE W H Gll..UAM
DONATION LAND CLAThfNO 4;Q, :P~CIqJ3ED AS ~OL);'Q~~lk"
~;"'~.- ""::f ; i~",::-_,,~, .:,.l.i {'oil "\f":I;~" ~~fi;:li"
CO~~.::,\T THE NORTHEAST CQ~-9F)11o/'NOR,'JJW{E~ QV~tER OF
THE ~OR~T QUARTER OF SAID ~6N:<'26,/ ,,~."'I...u,~,~.,..,j f ,/ .,\/
THENCE N~TH ~OO12109u WEST ALONG THE 1{PR~Y :PRODPCTION OF mE
U A liT LIf;rE~OF SAID SUBDMSION 40649 FEEf"'j g /...- J l./ /
~.L .. h ': _ ~ ~I.... ,.. .~ .... ....
THE~-CE ~OU1H ~Q41151tl WEST 30 FEET TO THE ~T"'MAR~' O:j;i: ANDOVER
PARK"WEST MID THE TRUE POINT OF BEGINNING '~~"""'w"";' .r /t
.. .. oJ" .. '1' \""" I'
~qg NQ.RTH;.,g7~5'1~\WEST 526 42 FEET~ ':'",:../;/ ./"
THENcE:S0'trrHQ601~61f'WEST3002FEET, {,. ./
TIIENCE No~{~nst"f'" 'WEsT 253 52 FEET, "::~'
'I'HENCE..s~ Oq'l916" jVI;.s1'~~ 84 FEET TO THE NORTII LJNE OF THE SOUTH
4000 FEET Q'F .....sOtt.gfE.AST QUARTER OF SAID SECTION 23,
THENCE NORTa 8go-'~'M;>i'VlJ;ST-o;,AJ1)NG. SAID NORTH LINE 17920 FEET TO AN
I' ~ ~ .. ~ ..'~
INTERSECTIOl!if, w:g1ItA J?NE>"Vl!llCH JmARS NORm 00019'3611 EAST FROM A
POINT ON TIlE' 'Sd~ L~ OF sAJD .$EqtIQN 23, WHICH IS 341 40 FEET EAST
OF THE SOUTHWEST c:tO~pF .tHi'SO~.:r QUARTER OF SAID SECTION
23 "'. ..,~ ..:;',:". '"
1'HE'NCE SOUTH Oool~6" *'i~ fi~ minT.! / / .:~:""~~"'~'
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THENCE NORTH 89040'24" WEST 10 ~o FEE:t ! /' ..n",,~ \\."-".,.
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TIIENCE NORTH 89040'24" WEST 72 00 FEBT1 -;~'..:I. ./ ; /' ;./,/ ..,,~. ;: p
THENCE SOUTH 00019'36" WEST 96 00 FEET, ~:.. ,{ ;" .~.! ;:.. ~':;J g ~ '-..
THBNCENODTU 89040"" All WEST 226 00 FEET ~.".:: / ,;'~' .~ "":." ;; ,';: ,....,.~.
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THENCE NORTII 00019'3611 EAST 138 17 FEET, -,...,~~/ ~ \".....:';:..~.;~{'. /: ..,~,,_. \ J~;/"'~"7
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EXHIBIT A
Legal Description
-3-
11/23/05 10:46 FAX 206 626 0675
BUCK & GORDON LLP
!41 003
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f ,iHENCE NORTII Ooo19~611 EAST 10 83 FEET TO TIm WESTERLY EXTENSION OF THE
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.:.;.~,;' t. ./ ~CE-NOR'IH 89040'24" WEST ALONG SAID EXTENSION 10 50 FEET.
~~. ./ 'l'imN"cE'NORm 00019'36" EAST 40 00 FEET
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.% ..- ..;tIJEN~}tOR;X8: 89040'2411 WEST 151 60 FEET~
""" ,/ TItEN'CENOl{TH.OO~-l9'36" EAST 790 45 FEET TO THE NORTEBAST CORNER OF THAT
..,'""',,,.....,... ./ PORTION' ofi 'f:HE;$OUTI:JeENTER PARKWAY VACATED BY ORDlliANCE NO
~: }55..A~~IJ-X/6F,~AND;As RECORDED UNDER RECORDING NO 6516239.
.,;:::~.IN~:CQ.l1N1Y, .~~GTO)T;-.s4.ID NORTHEAST CORNER ALSO BEING A
p~ ~N ,fA ?"6519 ~~OOT ;~IUSlGUJ.tVE CONCA VB TO THE SOUTHEAST,
THR.OU~WHtCIfA.Mql.~-1lLIN~.B~soum O4O'J4'32" EAST,
THENCE WE~T ALoNG.:SAW CBJtVE ANl):TIm SOUTHEASTERLY MARGIN OF SAID
SOUTHCENIrER:'PA}iKWAY",282 pi~ TO A POINT OF COMPOUND CURVE TO
~ . . .\. r :to'
T.HE LEFT OF A 33.9 07 ~OO'J RADIUS, / \ ;;,.
THBNCE SOlJ1HWES'reRLY./AIPN:d ~:AJp""CUR.YE 3~~~6}FEET TO THE MOST
NORTHERLY POINT OF! A ,.TR.A~/ OF ~AND ~CO~D TO TEE CITY OF
TUKWILA BY DEED REeQiID.ED!~~ Rf.:ct)1~;P~G NO 6516243. IN KING
COUNTY WASHINGTON {. f.~~: ",-::,;' /" ./
::II ~.. ... ..." .0 y.~ ....U\,....
THENCE :"..QONTINUING SOUTHWB~;TERJ.,X~ ApO:tiG ../S.A1i).:~.. CURYE~ AND
SO~1ERLY MARGIN 312 17 ~T~ )'.f I' '1>:':)",10",....,';-:, 't ./ l
THENC1;/ SOuTH<. 89039'00" WEST ALONl:h,s,MD .gO~~ ~ M.till-9JN J704
~ Tp~_ ~ EASTERLY MARGIN OF ,$,AJP fioqrn;~ :WARKwAY
(FORMSRL'f 51TH AVENUE SOUTH) AS DEImBD :tt'O;~ Cny/OE~"TUKWILA
~ REC01ID:Eb UNDER RECORDING NO 5735981, \ ~....,/ ./ .t" /'
'fHF'.NCE/SOTirH dO~ll00" EAST .ALONG SAID EAST MAR.OJN .A3i12}trEET TO AN
:;.). 'It..TGLE~ 'DO" -n.'J"I1.of"t'1:n::"DUTlI..T ~. i.." ./
,\O:t'U., ~: J..L~.I'" .l.~~"., ":~I::" ._
TIiENcE.'sounf .e6~'45,j::'EAST ALONG SAID EAST MARGIN" 633 44" FEET TO THE
~~PR'JHBR!;'Y;t~ STATE IDGHWAY RIGHT OF WAY, ''-:;j
T:HENG}J.,.N.oR'qi S!t521~211 ~-1\I,pNG SAID NORTHERLY LINE 5 31 FEET TO THE
EASTERLY~ oj S~"STATE::ijIGHWAYRIGHT OF WAY~
THENCE SO~ OO~711~' ~AS,Y~~G-,S~ EASTERLY L1NE 134 SO FEET TO THE
SOUTHEAST~Y ~ Of'SA1I>.,JUGH'l:-OF WAY.
THENCE soum 43'~'05~WEST ALID-IG SAID.iSQUTHEASTERL Y LINE 6 74 FEET TO
TIm AFORESAID EAstMARtHN QF stR.JniCFJrn;R. PARKWAY,
THENCE soum OO~'4511~~T ALpNr;! SAID JtA$T '~GIN 471 45 FEET TO THE
BEGINNING OF A CURvEW'THB I$T .(iF A 5~)"FOOT AADros,
THENCE ALONG SAID CURVE 77~70 FEET TO.1\ :aOINT 6F-"~.ANGENCY ON THE
NORTH LINE OF STRANDER BO'UL.WARJ3 {FO~ y,<~odtH 164m STREET),
AS DEEDED TO THE CITY OF ~A :iBY.!QUIt~ ~~"pBED FROM
SOUTHCENTER CORPORATION ONFEBRtf4R114.i'19~3,./ l' ./,.. "\.
THENCE SOUTH 890Z6'22/t EAST ALONG SAID NOR'ql'L~ j88 ftV'FE9X.,. \\ .:".:.
THENCE SOUTH 89OJ0'56" EAST ALONG SAID NORm LINE .:1155 ~2:"FEE't T-0"'fHE
BEGINNING OF A CURVE TO THE LEFT OF A SO FOOT ~rPS, ,{ ':"'::"~" / I" _~>.".~ '=:. ..""...".:~
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11/23/05 10:47 FAX 206 626 0615
BPCK & GORDON LLP
[4]005
Parcel 35970000246
13 & INTERURBAN ADD TO SEATTLE POR OF SW 1{4 OF SE 1{4 OF SEe 23 & OF SE 1/4 OF SW
1/4 OF SEe 23 & OF INTERURBAN ADD TO SEATTLE & OF BROOKVALE GARDEN TRACTS & OF
W H GILLIAM DONATION LAND CLAIM NO 40 - BEG 5W COR OF 5W 1/4 OF SE 1/4 OF SEe 23 TH
N 89-40..24 W 211 FT TH N 0-19-36 E 150 FT TH S 89-40-24 E 151.60 FT TO TPOB TH N 0-19-36 E 72
FT TH S 8940-24 E 406.80 FT TH S 0-19-36 W 196 FT TH N 89-40-24 W 10.50 FT TH $ O~19-36 W TO
$ MGN OF 5W 1{4 OF SE 1/4 OF SEe 23-23-04 TH WL Y ALG SO S MGN TAP S 0-19-36 W OF TPOB
TH N 0-19-36 E TO TPOB
Parce12623049086
26230486 POR N 1/2 BEG S 89-40.24 E 25 FT & 500-19-36 W 10.83 FT FR N 1/4 COR OF SEC TH S
00-19-36 W 138.17 FT TH S 89-40-24 E 226 FT TH N 00-19-36 E 96 FT TH S 89-40-24 E 72 FT TH N
00-19-36 E 42.17 FT TH 58940-24 E 7.90 FT TH N 00-19-36 E TO N LN OF sueD TH N 89-40.24 W
385.80 FT TH S 00-19-36 W 10.83 FT TH S 89-40-24 E 79.90 FT TO BEG
City of Tukwila
Steven M. Mullet, Mayor
Department of Community DeYelopment
Steve Lancaster, Director
P ARKING D~CISION
NOTICE OF DECISION
DECEMBER 3, 2004
To: Greg Fitchitt, Development Director, Westfield, Inc.
King County Assessor, Accounting Division
Agencies with Jurisdiction
All Parties of Record
This letter .serves as a notice of decision and is issued pursuant to Section 18.104.170 Tukwila
Municipal Code (TMC) "Notice of Decision, Pennit Application Types and Procedures"
I. Project Information
File Number:
L04-055 - Complementary Parking Approval and Administrative
Parking Vanance
Type of Permit Request:
Type 2 approval for Complementary Parking and for an
Administrative Parking Variance that results in a reduction from
the minimum number of required parking spaces for the Westfield
Shoppingtown Southcenter expansion.
Location:
The site is southeast of the intersectIOn of 1-5 and 1-405 and is
bounded by Strander Boulevard, Southcenter Parkway, Tukwila
Parkway, and Andover Park West.
Associated Files:
L04-049 - Design Review
E03-0 1 0 - State Environmental Policy Act
Applicant:
Greg Fitchitt, Development Director
Owner:
Westfield Corporation, Inc.
Notification:
Notice of Application for this Type 2 pennit was mailed to
surrounding properties and posted on the sIte on August 26, 2004.
Comprehensive Plan
Designation:
Tukwila Urban Center
6300 Southcenter Boulevard. Suite #100 · Tukwila. Washin~ton 98188 · Phone: 20tJ-4il-in 7n . J:" v. ?nfo_A '< 1_ '<nn"
Notice of Decision
L04-055
Westfield Shoppingtown Southcenter
Complementary and Admmistrative Parkmg Variance
Zone Designation:
Tukwila Urban Center
SEP A Compliance:
A Determination of Significance was issued on July 29, 2003. The
Draft Environmental Impact Statement was issued on June 21,
2004 and the Final E~vironmental Impact Statement on October 7,
2004.
II. Decision
Based upon the plans and information submitted in connection with this application and with
Design Review application L04-049; and based upon the findings and conclusions contained in the
staff report dated December 2, 2004; and subject to the conditions recited below; the minimum
parking requirement for the proposed expanded Westfield Shoppingtown Southcenter is
hereby established at 7,192 spaces, as follows:
Complementary Parking. A "complementary use" allowance of 88,200 square feet is hereby
approved. This reduces the "usable floor area" upon which the parking requirement is based, rrom
1,594,402 square feet to 1,506,202 square feet.
Administrative Parking Variance. An administrative parking variance of 4.5% is hereby granted,
subject to the following conditions:
1. Westfield, as the management organization for the Mall, shall agree to develop and
implement a Transportation Demand Management (TDM) program that effectively reduces
employee single occupant vehicle parking at the mall. The TDM program shall include
incentives for remote parking of employees during periods of peak parking demand. The
TDM program shall be subject to approval by the Director of Community Development,
which approval shall be obtained prior to issuance of building permits for the proposed
mall expansion.
2. Westfield shall participate financially in planned improvements to the Metro transit center
located adjacent to the mall along Andover Park West, including upgrades in capacity,
structures, lighting and amenities. Westfield's participation shall include dedication of an
easement of up to eleven (II) feet ofland along the length of the planned transit facility,
and a financial contribution of $500,000.
3. Westfield shall.provide weather protection along the internal sidewalk leading to the transit
facilities on Andover Park West. The design of the improvements shall be harmonious
with the design of the Mall expansion and shall be subject to approval by the Board of
Architectural Review.
4. Westfield shall provide footings and related components for an internally lit Metro transit
shelter and for a trash receptacle at the existing Strander Bl and 61 Av S. westbound bus
stop. The shelter footing shall include conduit to a handhold/junction box and conduit and
Page 2 of2
Notice of DecIsion L04-055
Westfield Shoppingtown Southcenter
Complementary and AdmmlstratIve Parkmg Variance
wiring from the handhold/junction box to the power source junction box. The exact footing
location shall be determined in consultation with King County Metro Transit and Tukwila's
City Engineer. These improvements shall be placed outside of the six foot public sidewalk
and an appropriate easement provIded, if necessary. Construction details and specifications
are available from and shall be coordinated with King County Metro Transit.
In. Your Appeal Rights
This is a Type 2 de~islOn issued pursuant to Section 18.104 010 Tukwila MUnIcipal Code (TMC)
"Classification of Project Pennit Applications, Pennit ApplIcation Types and Procedures." Other
applications related to this project are still pending.
This Decision may be appealed to the Tukwila City Council. No administrative appeal of the EIS is
permitted.
A party, who is not satisfied with a City Council decision on an appeal, may file an appeal of the
Council's decision in Kmg County Superior Court.
IV. Procedures and time for appealing
In order to appeal the Community Development DIrector's decisIOn, a written notice of appeal must be
filed with the Department of Community Development wIthin 21 days of the issuance of this Notice of
Decision. The deadline for appeal of this Notice of Decision is 5 p.m. on December 27, 2004.
The requirements for such appeals are set forth in the Appeal Processes Chapter of the Zoning Code
(18.116 TMC) All appeal materials shall be submitted to the Department of Community Development.
Appeal materials MUST include:
1. The name of the appealmg party.
2. The address and phone number of the appealmg party; and if the appealing party is a corporation,
association or other group, the address and phone number of a contact person authorized to receive
notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision.
4. The Notice of Appeal shall identify:
(a) the specific errors of fact or errors III application of the law in the decIsIon being
appealed;
(b) the hann suffered or anticipated by the appellant, and
(c) the relief sought.
The scope of an appeal shall be limited to matters or Issues raised in the Notice of Appeal.
Page30f3
Notice of Decision
L04-055
Westfield Shoppingtown South center
Complementary and Admmistrative Parkmg Variance
V. Appeal Hearings Process
Any admin,1strative appeal regardmg the Permit shall be conducted as an open record hearing before the
City Council based on the testimony and documentary evidence presented at the open record hearing.
The City Council decision on the appeal is the City's final decision.
Any party wishing to challenge a City Council decision 'on this application must file an appeal pursuant to
the procedures and time limitations set forth in RCW 36.70C. An appeal of the EIS may be included in
such an appeal. If no appeal of the CIty Council decision is properly filed in Superior Court within such
time limit, the Decision on this permit will be final.
\
The City's decisiOn to issue an EIS is final for this approval and any other pendmg permit applications for
the development of the subject property.
VI. Inspection of Information on the Application
Project materials including the application, the staff report, and other studies related to the approval are
available for inspection at the:
Tukwila Department of Community Development,
6300 Southcenter Blvd., and Suite 100,
Tukwila, Washington 98188
Monday through Friday - 8:30 a.m. and 5:00 p.m.
The project planner IS Moira Carr Bradshaw, who may be contacted at 206-431-3670 for additional
information.
Property owners affected by this decision may request a change in valuation for their property tax purposes.
Contact the King County Assessor's Office for further mformation regardmg property tax valuation changes.
~ L-/\-
Steve Lancaster, Director
Department of Commumty Development
City ofTukwila
Page 4 of 4
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster, Director
BOARD OF ARCHITECTURAL REVIEW
NOTICE OF DECISION
DATED DECEMBER 13, 2004
To: Greg Fitchitt, Development Director, Westfield, Inc.
King County Assessor, Accounting Division
Washington State Department of Ecology
Agencies with Jurisdiction
All Parties of Record
This letter serves as a notice of decision and is issued pursuant to the Notice of Decision, Pemlit
Application Types and Procedures Chapter, Tukwlla Municipal Code (TMC,)" (18.104.170
TMC) on the following project approval.
I. Project Information
File Number: L04-049 - DesIgn Review
Type of Permit Request: Type 4 approval for design review that results in expansion of
Westfield Shoppingtown Southcenter and approval of
nonconfonning landscaping. Specifically, approval for a site plan
for 597,009 square feet of new building square footage consisting
of a three level addition to the mall, two parking structures, four
new outlymg building pads and associated site and landscape
improvements; and elevations for the mall addition, for the two
parking garages and for miscellaneous structures; and
Approval of modification of the landscape standards imposed by
the Zoning Code thereby allowing existing nonconfonning
conditions to contmue per the Nonconfonning Lots, Structures and
Uses Chapter (18.70.080 (B) TukwIla Municipal Code (TMC.))
Location:
The site IS southeast of the intersection of 1-5 and 1-405 and is
bounded by Strander Boulevard, Southcenter Parkway, Tuk \Vila
Parkway, and Andover Park West.
Associated Files:
L04-055 - Complementary Parking and Parking Variance
E03-0 1 0 - State EnvIronmental Po hey Act
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
Notice ofDecislOn
L04-055
Westfield Shoppingtown Southcenter
Complementary and AdmmistratIve Parking Vanance
Greg Fitchitt, Development DIrector
Applicant:
Owner:
Westfield Corporation, Inc.
Notification:
Notice of Application for this Type 4 pel1l1it was mailed to
sUlToundmg properties and posted on the sIte on August 26, 2004.
Comprehensive Plan
& Zoning Designation:
Tukwila Urban Center
SEP A Compliance:
A Detel1l1ination of Significance was issued on July 29,2003. The
Draft Environmental Impact Statement (ElS) was issued on June
21,2004 and the Final EIS on October 7,2004.
II. Decision
Based upon the plans and infonnation submitted in connection with this application; the decision on
the complimentary parking and parking vanance application (file number L04-055;) the fmding and
conclusions contained in the staff report dated December 2, 2004; the public hearing on December
9, 2004; and subject to the conditions recited below; the Tukwila Board of Architectural Review has
determined that the application for expansion of Westfield Shoppingtown Southcenter does comply
with applicable City code requirements and has approved this application.
Design RevIew Conditions:
1. Ground mounted utilities shall be located and/or screened so that they are unobtrusive.
2. The Tenant Exterior Storefront Criteria (Attachment A of Staff Report) shall be modified
so that they are Requirements as opposed to Cnteria, and that there is a narrative created for
Permitted Materials. The narrative shall specify that building material choices support the
cohesiveness of the architecture of the mall, be durable and chosen from the pel1l1itted list of
materials. Wood shall be modified to specify its mimmum usage. A Landscauin2: element
shall also be added with the objective that plant matenal be used to provide transitIOns
between building and pedestrian areas, soften building edges, provide focal pomts where
needed and create interest and detail.
Nonconfol1l1ing Landscape Condition:
3. Between the northerly limits of the scope of work and Strander BL, plants shall be added in
all areas where opportunities exist that will not produce displacement of parkmg or
circulation such as at the end of parking aisles between the J.C. Penney garage and Andover
Park West. In addition, setback the parking stalls adjacent to the transit zone to accommodate
the requested I1feet m additional depth. (Sheet 1.1 of Attachment C of Staff Report)
Page 2 of 4
NotIce of Decision
L04-055
Westfield Shoppingtown Southcenter
Complementary and Administrative Parking Vanance
III. Your Appeal Rights
The decision on thIS Permit Application is a Type 4 decision pursuant to the Tukwila Municipal
Code (18.104.010 TMC.)
One administrative appeal to the City Council ofthe Board of Architectural Review Decision is
pennitted. No administrative appeal of the EIS is permitted.
A party, who is not satisfied with a City Council decision on an appeal, may file an appeal of the
Council's decision in King County Superior Court.
IV. Procedures and time for appealing
In order to appeal the Board of Architectural Review decision on the Permit ApplicatIon, a
written notice of appeal must be filed with the Department of Community Development within
21 days of the issuance of this Decision, that is by December 30, 2004.
The requirements for such appeals are set forth in the Appeal Processes Chapter of the Tukwila
Municipal Code (18.116.) All appeal materials shall be submitted to the Department of
Community Development. Appeal materials MUST include:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing party is a
corporation, association or other group, the address and phone number of a contact person
authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decisIOn.
4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application
of the law in the decision being appealed; (b) the harm suffered 0 r anticipated b y the
appellant, and ( c) the relief sought. The scope of an appeal shall be limited to matters or
issues raised in the Notice of Appeal.
V. Appeal Hearings Process
Any administrative appeal regarding the Permit shall be conducted as an open record hearing
before the City Council based on the testimony and documentary eVIdence presented at the open
record hearing. The City CouncIl decision on the appeal IS the CIty'S final decisIOn.
Page 3 of4
Notice ofDecislOn L04-055
Westfield Shoppingtown Southcenter
Complementary and Admmistrative Parking Variance
Any party wishmg to challenge the City Council decision on this application must file an appeal
pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal of the EIS
maybe included in such an appeal. Ifno appeal of the City Council decision is properly filed in
Superior Court within such time limit, the DecisIOn on this pennit will be final.
The City's decision to Issue an EIS for this approval and any other pending pennit applications
for the development of the subject property is [mal.
VI. Inspection of Information on the Application
Project materials including the application, the staff report, the EIS, and other studIes related to the
approval are available for inspection at the:
Tukwila Department of Community Development,
6300 SouthcenterB1vd., and Suite 100,
Tukwila, Washington 98188
Monday through Friday - 8:30 a.m. and 5:00 p.m.
The project planner is Moira Carr Bradshaw, who may be contacted at 206-431-3670 for additIOnal
infonnation.
Property owners affected by this decision may request a change in valuation for their property tax
purposes. Contact the King County Assessor's Office for further infonnation regarding property tax
valuation changes.
~5f-~
Department of Community Development
City of Tukwila
Page 4 of 4
1608 FaIrvlew
BILL OF SALE
OF
UTILITY FACILITIES
THIS BILL OF SALE FOR UTILITY FACILITIES ("Bill of Sale") is made as of
November _,2005, by and between City ofTu~ila, a Washington mumcipal corporation
("City"), and Prudential Financial Inc.("Owner").
RECITALS
A. In 1969, the City entered into a Bill of Sale of Utility Facilities and Utility Right-
of-Way Agreement (the "Utility Agreement") with Southcenter Shopping Center Corporation,
Boncom Corporation, Allied Stores Corporation and Connecticut Life Insurance, the then-
owners and lessees of certain property in the City legally described in Exhibit A (the "Property").
The Utility Agreement provided that the sanitary sewer trunk lines and laterals, stonn sewer
trunk lines and laterals, and water mains and laterals (referred to as "Utility Lines") installed by
the owners to serve the Property were conveyed to the City and were thereafter maintained by
the City.
B. City has entered a Development Agreement with Prudential Financial Inc.
("Owner"), the majority owner of the Property, and WEA Southcenter LLC, a Delaware limited
liability company ("Westfield"), a lessee and developer of the Property, with respect to
development of a Project on the Property and, among other things, the conveyance of certain
utilities by the City to the Owner.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City hereby agrees as follows:
1. City hereby transfers to Owner ownership of and maintenance responsibilIty for those
Utility Lines identified in Exhibit A. Owner hereby grants an easement to the City for
access to and inspection of new master water meters constructed as part ofthe Project.
2. This Bill of Sale shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, legal representatives, successors and assigns.
3. This Bill of Sale and the legal relations ofthe parties hereto shall be governed by and
construed and enforced in accordance with the laws of the State of Washington, without
regard to its principles of conflicts oflaw.
C:\DOCUME-l \jane\LOCALS-l \Temp\BILLOF-I.DOC
1608 Fairview
IN WITNESS \VHEREOF, this Bill of Sale was made and executed as of the date first
above written.
ON BEHALF OF THE CITY OF TUKWILA:
Date of Execution:
Steve Mullet, Mayor
ATTEST:
Jane Cantu, City Clerk
APPROVED AS TO FORM:
City Attorney
ON BEHALF OF PRUDENTIAL FINANCIAL, INC.:
By: Prudential Retirement Insurance and Annuity Company
Its: Member
By:
Name:
Title: Date of Execution:
On this _ day of , 2005, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared before me , to me known to be the of the City of
Tukwila, that executed the foregoing instrument, and acknowledged that he signed the same as a
free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute the said instrument.
SUBSCRIBED AND SWORN to before me this _ day of
, 2005.
C:\DOCUME-l \jane\LOCALS-l \ Temp\BILLOF-l.DOC
1608 Fauview
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
On this _ day of , 2005, before me, the undersigned, a
Notary Public in and for the State \of Washington, duly commissioned and sworn, personally
appeared before me , to me known to be the managing member of
, a company, that executed the
foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and
deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the said instrument.
SUBSCRIBED AND SWORN to before me this _ day of
,2005.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
C:\DOCUME-l \jane\LOCALS-l \Temp\BILLOF-l.DOC
TransportatiOn CommIttee
November 14,2005
Page 2
calculate thIS Into p.m. peak trip costs for each of the four zones. The CIty WIll study the
Improvements needed In each area each year, and from that a chart \vIll estImate impact fees for
each area. Cyndy had revised the charts Sll1ce they were put Into the agenda, and those charts
Include some but not all the land uses III a reference book she has One provIsIOn In the
ordinance says if anyone development IS exempted, the CIty must pay what that exempted
company does not pay. The CommIttee members went through the ordinance and suggested
some clanfications. Pam C asked for a clanficatiOn about using eIther 6 or 10 years to payoff
project costs, Recommend ordinance to CO\V.
~. Developer Agreement ordinanc\e ThIs ordinance would fonnalrze developer agreements in
, I' ~he CIty, and would provide guidance about what should be included III them. One section
provided flexibility in reqUIring adherence to regulations. Steve DIJ ulio SaId state law dictates
that any developer agreement that comes after adoptiOn of a code must follow that code. The
Committee did not have comments on the body of the ordinance. Recommend ordinance to
CO\V.
5. South center Parkway Extension The City contracted with David Evans to design
Southcenter Parkway from S. 180th _200th. Comments from TukWlla South (TS) project were
mcluded at the beginning of the contract. That work is now 90% complete, and TS has reviewed
the plans and proposed twelve new addItIons such as traffic sIgnals, bus pullouts, new
intersections, a change in the size and level of the roadway, and utIlity work. This would require
additional work from David Evans Mark Segale reported they are negotiating with the
Schoenbachlers, and expect a final answer from them soon. Jim Morrow said he would come
back to the CommIttee for addItional funding authorIzation after the Schoenbachlers and Segales
work out nght-of-way issues. Information.
6. Project Funding JIm M has heard about the federal funding for Kllckitat and Southcenter
Parkway. The funding for both has been cut 15% for Katrina aId, and the CIty will only be able
to receive 20% reImbursement per year for the promised grant. Therefore, the CIty will need to
fund the projects up front, and later get pard the grant In annual payments. Information.
9~ Committee chair approval
V r..lmutes by LL
COUNCIL AGENDA SYNOPSIS
ff Q Inifials ITEM NO.
O I Meeting Date I Prepared by 1 Mayor's review; Council review
November28, I RAB
2005
lso 7 C
I I
ITEM INFORMATION
CAS Number: 05-109 Original Agenda Date. November 28, 2005
Agenda Item Title Lease Agreement Neighborhood Resource Center
Original Sponsor Council Admin x
Timeline
Sponsor's Summary Lease agreement expired in June 2005. Council approved and authorized the Mayor
to sign an agreement which was amended by the lessor Latest draft agreement
incorporates new termination provisions and has been agreed to by the property
owner
Recommendations.
Sponsor: Review and forward to Regular Meeting for approval
Committee: Review and forward to COW
Administration.
Cost Impact (if $1,400 per month
known):
Fund Source (if known)
RECORD OF COUNCIL ACTION
Meeting Date Action
I I
APPENDICES
Meeting Date I Attachments
11/28/05 Memo from Mayor's Office to Finance Safety Committee dated 11/16/05
Draft Lease Agreement
Minutes from Finance Safety Committee meeting of 11/21/05
f I City Administrator Letter to Timothy O'Brien dated 7/21/05
City Administrator Letter to Timothy O'Brien dated 9/29/05
Memo to Finance Safety Committee Dated October 12, 2005 (with attachments
Minutes from City Council Meeting of August 1, 2005
Letter from City Attorney to Timothy O'Brien dated November 8, 2005
{
MEMORANDUM
TO: Finance & Safety \Committee
FROM: Mayor's Office ~Vv~
DATE: November 16, 2005
SUBJECT: NRC Lease Agreement
Attached for your review is the third iteration of the NRC Lease Agreement. Upon
Council's decline of his previous invitation to change the terms, the property owner has
sugg~sted yet another change to the termination provisions. Under this proposal, either
the property owner or the City may tenninate the lease upon 60 days' notice.
DRAFT
LEASE AGREEMENT
This Lease IS made and entered into by and between the CIty of Tukwlla ("CIty"), lessee,
and TImothy O'Brien (O'Bnen), lessor
1. Premises O'Brien hereby leases to th~ CIty the upper main floor, outside yard, and
parking spaces along the west dnveway at 14661 TukwIla International Boulevard, CIty of
Tubvila, King County, State of Washington.
2. Tenn. The tenn of this Lease shall be for eIghteen (18) months starting on the first
day of the month after both partIes have signed this Lease. At the option of the CIty, thIS Lease
may be extended for an addItIOnal eighteen (18) months
3. Rent. The City shall pay O'Brien One Thousand Four Hundred Dollars and No/lOO
($1,400 00) a month for the lease of the premises.
4. UtilIties. O'Bnen shall timely pay for all costs, expenses, fees, services, charges and
repairs of all kinds for heat, light, air condItioning, electricity, water, sewer and garbage. The
CIty shall pay for telephone and any other utility.
5. Repairs and Maintenance. The City accepts the premises herein leased in Its present
condition, and agrees to repair and maintain said premlses in its present condition except for
ordinary wear and tear, repairs covered under Section 4 UtilIties, and damage by fire or the
elements.
6. Access. O'Brien shall have the nght to enter the premises at all reasonable times for
the purposes of inspection or for making repairs, additions or alteratIOns after providmg the Clty
advanced written notice of at least twenty four (24) hours.
7. Damage and Destmction. In the event the premIses are rendered untenantable in
whole or in part by fire, the elements, or other casualty, the CIty at its optIOn, may vacate the
premises and tenninate this Lease.
8. Indemnification. Each party agrees to protect, defend, appear, save hannless and
indemnify the other party from and aga111st all claims, suits and actions arising from the
intentional or negligent acts or omission of such party, its agents or employees 111 the
performance of this Lease.
9. Insurance. The City agrees to mamtain pubilc liability insurance on the premises 111
the mmimum limit of $25,000 for property damage and the m1l1imum of $100,000/$300,000 for
bodlly injuries and death. The City shall furnlsh O'Brien a certificate indicat1l1g that the
insurance policy is in full force and effect and that the polley may not be cancelled unless ten
(10) days prior wntten notice of the proposed cancellatIOn has been given to O'Brien.
LEASE AGREEMENT - 1
10 Notices, Notices to the City ofTukwlla shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, W A 98188
Notices to O'Brien shall be sent to t~e followmg address:
\
II. Binding on Heirs, Successors and Assigns, This Lease shall be bindmg upon the
heirs, executors, admimstrators, successors and assigns of both parties hereto.
12. Termination. Either party may terminate this lease by giving the other party sixty
(60) days written notice.
13. Entire Lease. This Lease contains all of the terms and conditions agreed upon by the
parties and revokes all prior lease agreements. The parties agree that there are no other
understandings, oral or otherwise regarding the subject matter of the Lease. No changes or
modifications of this Lease shall be valid or bmding upon either party to this Lease unless such
changes or modifications are in writing and executed by both parties.
14. Venue. This Lease has been and shall be construed as having been made and
delivered within the State of Washington, and it is mutually understood and agreed by the parties
hereto that this Lease shall be governed by the laws of the State of Washington, both as to
interpretation and performance. Any action for the enforcement of this Lease, or any provislOn
contained herein, shall by instituted and maintamed only in Kmg County, Washington.
DATED this
day of
,20
CITY OF TUKWILA
TIMOTHY O'BRIEN
By:
Steven M. Mullet, Mayor
Printed Name:
Title:
Attest! Authenticated:
Approved as to Form:
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
LEASE AGREEMENT - 2
Finance and Safety Committee
November 21,2005
DRAFT
Present.
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Nick OlIvas, Kevm Fuhrer, Derek Speck, Rhonda Berry, Kathenne Kertzman,
Lucy Lauterbach, cItIzen Chuck Parnsh
* 1. Neighborhood Resource Center Agreement The Con1l11lttee members thought the newest
version of the agreement was fine. However, they asked for mfonnatlOn about what the CIty'S
ongmal contract saId about tenllination, and \\0 hat Mr O'Bnen responded wIth. They thought It
could go mto the memo for the Agreement. Recommend Agreement to CO\V.
\
2. Emplovment Contract with the Citv Administrator The three members all expressed
support for the contract as presented. It covers the condItIons of employment for the CIty
Admmlstrator. Recommend contract to CO\V.
3. Interlocal Agreement with Des :Moines Regarding Tourism Kathenne explained the CIty
of Des Moines is interested m becommg part of Seattle SouthsIde VIsitors ServIces (Tourism)
Des Moines has three hotels that wIll be included, and theIr waterfront will also be featured m
Tounsm promotions. Now Des Moines as well as Kent and SeaTac wIll all help share overhead
costs for the office As thIS Item is on thIS evening's Regular Meetmg for passage, It will, If
passed, go to the Des Momes Council for aproval there before It takes effect. Recommend issue
to that evening's Council meeting.
..t. 2006 Proposed Property Tax Levv 2006 property tax leVIes need to be submItted to Kmg
County the first week of December. However, the final CIty property valuations wIll not be
known by that time, so an estImate will be made Teclmical adjustments are then made in
January. Kevm Said we'll have to estImate the State utIlIty rate Property tax increases are lImIted
to a 1 % growth due to ImtIatlve 747. Pam noted workmg figures and the estimate in the
ordmance needed to be the same. Recommend ordinance to CO\V and Special Meeting
11/28/05.
5. 2006 Budget Review The CommIttee fimshed theIr review of the FIre Department and
various miscellaneous finance funds in the budget. Nick smd the department will try to bId both
the aerial ladder truck and the pumpers they are buymg together to see If they can get a better
deal. Information: budget review completed.
Prepared by L. Lauterbach
CommIttee chalr approval
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet~ Mayor
July 21, 2005
Mr. Timothy O'Brien i
14639 Tukwila International Boulevard
Tukwila, W A 98168
Dear Tim:
Enclosed for you reVIew is a draft lease agreement that will be presented to the City
Council on Monday, July 25. Staff is recommendmg that the lease be forwarded to the
Regular Meeting on August I for approval. Should you have changes you'd like to have
made, please let me know.
Smcerely,
._*~~ f)
Rhonda A. Berry
City Administrator
RAB/so
enclosures
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 . www.ci.tukwila.wa.us
LEASE AGREEMENT
will[\~u
Tills Lease is made and entered into by and between the City of Tukwila ("City"), lessee,
and Timothy O'Bnen (O'Brien), lessor.
1. Premises. O'Brien hereby leases to the City the upper mam floor, outside yard, and
parking spaces along the west driveway at 14661 Tukwlla International Boulevard, City of
Tukwila, King County, State of Washington.
2. Term. The term of this Lease shall be for eighteen (18) months starting on the first
day of the month after both parties have sIgned this Lease. At the option of the CIty, this Lease
maybe extended for an additional eighteen (18) months.
3. Rent. The City shall pay O'Brien One Thousand Four Hundred Dollars and No/100
($1,400.00) a month for the lease of the premises.
4. Utilities. O'Brien shall timely pay for all costs, expenses, fees, services, and charges
of all kinds for heat, light, air conditioning, electricity, water, sewer and garbage. The City shall
pay for telephone and any other utility.
5. Repairs and Maintenance. The City accepts the premIses herein leased ill ItS present
condition, and agrees to repair and maintain said premises in its present condition, ordmary wear
and tear and damage by fire or the elements excepted.
6. Access. O'Brien shall have the right to enter the premises at all reasonable times for
the purposes of inspection or for makmg repairs, additions or alterations after providing the CIty
advanced written notice of at least twenty four (24) hours.
7. Damage and Destruction. In the event the premises are rendered untenantable in
whole or in part by fire, the elements, or other casualty, the City at its option, may vacate the
premises and termmate this Lease.
8. Indemnification. Each party agrees to protect, defend, appear, save harmless and
mdemnify the other party from and against all claims, suits and actions arising from the
intentional or negligent acts or omission of such party, its agents or employees m the
performance of thIS Lease.
9. Insurance. The City agrees to maintain public liability insurance on the preITIlses m
the minimum limit of $25,000 for property damage and the minimum of $100,000/$300,000 for
bodIly injuries and death. The City shall furnish O'Brien a certificate indIcating that the
insurance policy is in full force and effect and that the policy may not be cancelled unless ten
(10) days prior written notice of the proposed cancellation has been given to O'Bnen.
LEASE AGREEMENT - I
10. Notices. Notices to the City of TukwIla shall be sent to the following address:
Ci ty Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to O'Bnen shall be sent to tre following address:
11. Binding on Heirs, Suc6essors and Assigns. This Lease shall be bindmg upon the
heirs, executors, administrators, successors and assigns of both parties hereto.
12. Tennination. The City may tenninate this lease by giving O'Brien sixty (60) days
written notice of the City's intent to tenninate.
13. Entire Lease This Lease contains all ofthe tenns and condItIOns agreed upon by the
parties. The parties agree that there are no other understandmgs, oral or otherwise regarding the
subject matter of the Lease. No changes or modifications of thIS Lease shall be valid or binding
upon either party to this Lease unless such changes or modifications are in wnting and executed
by both parties.
14. Venue. This Lease has been and shall be construed as having been made and
delivered within the State of Washington, and it is mutually understood and agreed by the parties
hereto that this Lease shall be governed by the laws of the State of Washington, both as to
interpretation and perfonnance. Any action for the enforcement of this Lease, or any provision
contained herein, shall by instituted and maintained only in King County, Washington.
DATED this
day of
,20_
CITY OF TUKWILA
O'BRIEN
By:
Steven M. Mullet, Mayor
Printed Name:
Title:
Attest! Authenticated:
Approved as to Fonn:
Jane E. Cantu, CMC, City Clerk
Office of the CIty Attorney
LEASE AGREEMENT - 2
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet, Mayor
September 29, 2005
Mr. TImothy O'BrIen
C/o Appliance Distributors
14639 Tuk\vila International Boulevard
Tukwila, \V A 98168
Dear Mr. O'Bnen:
On September 20,2005, you faxed to us a signed copy of the lease for the property
located at 14661 Tukwila International Boulevard, commonly referred to as the
Neighborhood Resource Center (NRC). The copy you returned contained two
modifications that have not been approved by the City CouncIl.
The Council approval process reqUires that a contract be dIscussed at a subcommittee
meeting, then Committee of the Whole, and finally formal approval occurs at a Regular
Meeting. Timmg of these meetings mean that your amendments will be revIewed first at
the Finance & Safety Committee meeting on October 17; If the committee agrees to do so
the lease agreement will be considered at a COW meetmg on October 24, and Regular
meeting on November 7. Alternatively, we can re-send the original lease with terms
approved by Council on August IS, to you for signature.
If I do not hear from you by October II, I will refer your amendments to the Finance &
Safety Committee on October 17. I can be reached at 206-433-1851 if you need
addItional information.
Sincerely,
- ,
\ . L. :---., I ~ L-,;.
.-,-/1, J'L'.'. ,
i -- v,,-,,--," r--c \'\"
Rbonda Berry
City Administrator
(,.
L.
i .14
I--;<./G~-;p
i
~\)
RB/so
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
MEMORANDUM
TO:
Finance and Safety Committee
DATE:
r-'" : ._i---~-~~
RhondaB~.{\(-+' .
~"i,
October 12', 2005
FROM.
SUBJECT:
Lease Agreement
Neighborhood Resource Center
On August 1, the Council approved a new lease agreement for property located at 14661
TukwIla International Boulevard, commonly referred to as the Neighborhood Resource
Center (NRC). A new agreement was necessitated by the expiratIOn of the prior lease,
which had been amended and extended several times.
CIty Staff spoke with the property owner and sent him a draft copy of the lease agreement
for review prior to COll1ffilttee consideration m July. Other than a $200 per month
increase in the lease rate, no other changes were suggested by Mr. O'Bnen. Once the
agreement was fonnally approved by Council and signed by the Mayor, Mr. O'Brien was
contacted to obtain rus signature. On September 20, we received a facsimile copy of the
agreement, with amendments, from the property owner. Since the tenns requested by
Mr. O'Bnen differ from those approved by CouncIl, we present them for COll1ffilttee
reVIew and recommendation to the full Council.
Mr. O'Brien's amendments are in Section 2. Tenn, and Section 12. Tennination. He
requests that notice of lease termination or extension be given by the City 60 days prior to
the end of the lease penod. In other words, the CIty must notify him in the 16th month of
our mtent to extend or terminate the lease, and once the lease is extended we would not
be able to tenninate until the 16th month of the lsth month extension.
Staff will be at the COll1ffilttee meeting should additional mfonnation is needed.
5ep 20 05 11:43a
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14639 Pacific High,vay South
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206-244-6966
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LEASE AGREEMENT
ThiS Lease is made and entered into by and between the City ofTukwda ("City"), lesse~
and Timothy O'Brie.n (O'Brien), lessor
1. Premises. O'Brien hereby leases to th.e CIty the upper main floor, outside yard, and
parking spaces along the west ddveway at 14661 Tukwila Intemational Boulevard, City of
Tukwila. King County, StateofWaslpngton.
2. Tenn The term of this Lease shall be for eighteen (18) monlhs starting on the first
day of the rnonth after both partlcs have sIgned this Lease. At the option of the City, thIs Lease
maybe extended for an additiona1 eighteen (18) months \I1ITH A fJ.,.r>)'b.A'1 NbTI U. ~
I
3. Rent. The City shall pay O'Brien One Thousand Four Hundred DanaI's and NollOO
($1,400.00) a month for the lease of the premises.
4. Utilities. O'Brien shall timely pay for an costs, expenses, fees, services, and charges
of aU kinds [or heat, light, air conditioning, electricity, water, sewer and garbage. The City shall
pay for telephone and any other utility.
5. Repairs and Maintenance. The City accepts the premises herein leased in its present
condition, and agrees to repair and maintain said premises in Its present conditIOn, ordinary wear
and tcar and damage by fire or the elements excepted.
6. Access. O'Brien shall have.tbe righllo enter the premises at all reasonable time~;.1:or
the purposes of mspection or for making repairs, additions or alterations after providmg the CIty
advanced written notice of at least twenty four (24) hours.
7. Damage and Destruction. In the event the prcmiseg are rendered unlt:nantable in
whole or in part by fire, the elements, or other casualty, the City at its option, may vacate the
premises and terminate tills Lease.
8. Indemnification. Each party agrees to protect, defend, appear, save hannless- and
indemnify the other party from and against alJ claims, suits and actions arising from the
intentional or negligent acts or omIssion of such party, its agents or employees in the
perfonnance. of this Lease.
9. Insurance. The City agrees to maintain public hability insurance on the premises- iQ
the minimum limit of $25.000 for property damage and the minimum of $100,000/$300,000 for
bodily iqjuries and death. The City shall fumish O'Brien a certificate indicating that the
insurance policy is in full force and effect and that the policy may not be cancelled unless ten
(10) days prior written notice of the proposed cancellation has been given to O'Brien.
Jst c; ~
0.r-.I"-"I~ll\' Q
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LEASE AGREEMENT-1
Sep 20 05 11:43a
09/15/2005 14:35 Ffu~
Appliance Distributors
206 433 1833 Cit,y of Tu1{Wila
2062446716
p.3
@003/003
10 Notlces. Notices to the City ofTukwIla shaH be sent to the following address,
City Clerk
City ofTukwila
6200 Southcenter Boulevard
Tukwila, W A 98188
Notices to O'Bnen shall be sent to the foHowmg address.
11. Binding on Heirs, Successors and Assigns. This Lease shall be binding upon the
heirs, executors, administrators, .successors and assigns of both parties hereto. ~ ~
Ij,. "~1t-l^11l>/'{- ArTl-t~ eNb Dr<fHIZ !1F<S,T'1l2t<H bf ~1&+I'feb! U~.J HDNm:$. ~
~~~-rl.~;""",,",~~ The City may terminate this lease by giving O'Brien sixty (60) days.
" written notice of the City's intent to telminate.
13. Entire Lease. This Lease contains an of the tcnns and conditIOns agreed upon by the.
parties. The parties agree that there are no other understandings, oral or otherwise regarding the
subject matter .of the Lease. No changes.or modifications .of this Lease shall be valid or binding
upon either party to this Lease unless such changes or modifications are. 111 writing and executed
by both parties.
14. Venue. This Lease has been and shal1 be construed as having been made and
delivered within the State of Washington, and it IS mutually understood and agreed by the parties
hereto that this Lease shall be governed by the laws of the State of Washington, both as to
interpretation and performance. Any action for the enforcemenl of this Lease, or any provision
contained herein, shal1 by instituted and maintained onJy in King County, Washington.
DATED thi, I:;; -I::h day of !Jl1g. , 20 ()5.
CITY OF TUKWILA
QWM. VV) I"",> vJlflo.--\-
Steven M. Mullet, Mayor
O'BRIEN
(
LJog~~
By:
Printed N<1me:
Tille:
Attest! Authenticated:
Approved as to Fomr
~ -I-L. &~
~ Jane; E. Cantu, CMC, City Clerk
,-_.... 0"
1)~:.t4~~~~:.. .;.~;)..~c.;(~~~=~.
Office of the City Attomey
LEASE AGREEMENT - 2
Minutes, 8/1/05
,
Page 4 of 8
exterior walls of the TukwIla Pool building. The high perfonnance coatmg paint to be used is "better
than standard paint" and will last many years longer in helping maintain the integnty of the building.
FENTON MOVED; DUFFIE SECONDED; TO AWARD A CONTRACT TO LONG PAINTING
COMPANY IN THE AMOUNT OF $55,056.77, INCLUDING WASHINGTON STATE SALES
TAX, FOR THE mGH PERFORMANCE COATING (pAINTING) PROJECT OF THE
TUKWILA POOL BUILDING. (AWARD ALSO INCLUDES A 10% CONTINGENCY). The
motion carried 7-0.
UNFINISHED BUSINESS:
a. Motion approving the organizational restructure of the Tukwila Police Department, resulting in the
reclassification of the Police Lieutenant and Cagtain positions to Police Commander and Assistant
Police Chief
ROBERTSON MOVED; FENTON SECONDED; TO APPROVE THE ORGANIZATIONAL
RESTRUCTURE OF THE TUKWILA POLICE DEPARTMENT, RESULTING IN THE
RECLASSIFICATION OF THE POLICE LIEUTENANT AND CAPTAIN POSITIONS TO
POLICE COMMANDER AND ASSISTANT POLICE CIDEF. The motion carried 7-0.
b. Motion authorizing the Mayor to enter into a lease agreement with Timothy O'Brien for the lease of
p..IQ12erty located at 14661 Tukwila International Boulevard. currently used as the Neighborhood
Resource Center. for 18 months be~st 1,2005.
\ '
k
I"~
ROBERTSON MOVED; FENTON SECONDED; TO AUTHORIZE THE MAYOR TO ENTER
INTO A LEASE AGREEMENT WITH TIMOTHY O'BRIEN FOR THE LEASE OF
PROPERTY LOCATED AT 14661 TUKWILA INTERNATIONAL BOULEVARD,
CURRENTLY USED AS THE NEIGHBORHOOD RESOURCE CENTER, FOR 18 MONTHS
BEGINNING AUGUST 1, 2005. The motion carried 7-0.
c. Motion authorizing the May-or to SIgn an interlocal agreement with King County regarding the Trans-
Valley Intelligent Transportation System.
HAGGERTON MOVED; CARTER SECONDED; TO AUTHORIZE THE MAYOR TO SIGN
AN INTERLOCAL AGREEMENT WITH KING COUNTY,REGARDING THE TRANS-
VALLEY INTELLIGENT TRANSPORTATION SYSTEM. The motion carried 7-0.
d. Z<millg Code amendments:
1. An ordinance amending the Tukwila Municipal Code. clarifying and updating Zonin~
Qrovisions defining manufactured housing. lot, site and use, and disallowing residential plats in
commercial zones.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
AlVIENDING ORDINANCE NOS. 1758, 1819 AND
1976 AND CHAPTERS 18.06,18.50 AND 18.70 OF
THE TUKWILA MUNICIPAL CODE, TO ALLOW
MANUFACTURED HOUSING ANYWHERE
SINGLE-FAMILY DWELLINGS ARE PERl\1ITTED
KENYON DISEND1 PLLC
/fl-
THE lV[UNICIPAL LA W PIKA I
11 FRONT STREET SOUTH
ISSAQUAH, WASHINGTON 98027-3820
"VVtW.KENYONDISEND.COM
(425) 392-7090 . (206) 628-9059
FAX (425) 392-7071
SANDRA S. .MEADOWCROFT
SHELLEY M. KERSLAKE
HEIDI L BROSIUS
KERRI A. JORGENSEN
MINDY A. ROSTAlvII
LACEY L MADCHE
PETER B. BECKWITH
JOSEPH P LoUGHLIN
THOMAS J GUILFOIL
RENEE G. WALLS
ROMAN S. DIXON
JOSEPH B. LEVAN
KARl L SAJ.'1D
MICHAEL R. KENYON
BRUCE L DISfu'lD
November 8, 2005
Mr. Bob O'Brien
14639 Tukwila International Blvd.
Tukwila, W A 98168
Re: Lease of Property Located at 14661 Tukwila International Blvd.
Dear Mr. O'Brien:
I represent the City of Tukwila. This letter is to inform you that the City does not accept
your handwritten changes to the proposed lease agreement between you and the City for property
located at 14661 Tukwila International Blvd. At issue is your change to the termination clause
of"60 days written notice" to "at the end of the first term."
The lease of this property is currently month-to-month, as the lease term has expired.
However, the City would like to enter into a new long-term lease agreement with you. The City
does not object to increasing the rent but must retain the ability to terminate the lease upon no
more than 60 days.notice.
In order to reach a mutually agreeable lease, please call me at 425-392-7090.
Very truly yours,
KENYON DISEl\TD, PLLC
~&f-:--
Peter B. Beckwith
cc: R. Berry t/"
K. Fuhrer
G:\APPS\CIV\TUKWILA\LettenO'Brien - Lease.doc/kDP/IIl07/05
SERVING WASHINGTON CITIES SINCE 1993
A, Sit;�y,� COUNCIL AGENDA SYNOPSIS
Initials ITEM No.
0 Q may kir I Meeting Date I Prepared by !Mayor's review! Council review j
ct) x Z November RAB
28,2005 1,
790B L 4
ITEM INFORMATION
CAS Number: 05-153 I Original Agenda Date November 28,2005
Agenda Item Title: Employment contract with City Administrator
I Original Sponsor: Council Admin.x
Timeline:
I Sponsor's Summary Contract is required per TMC 2.26.030; draft contract has been reviewed by Finance
Safety commitittee.
Recommendations:
Sponsor: Review and forward to Regular Meeting for approval
Committee: Review and forward to COW
Administration:
Cost Impact (if
known).
Fund Source (if known) General Fund
RECORD OF COUNCIL ACTION
Meeting Date Action
I I
I I
APPENDICES
Meeting Date Attachments
11/28/05 Memo from Mayor to Finance Safety Committee dated November 2, 2005
t Draft Contract
Minutes from 11/21 Finance Safety Committee meeting
I I
I
MEMORANDUM
TO: Finance & Safety Committee
FROM: Mayor Mullet ~'j\l,\,"'''''''
DATE: November 2,2005
SUBJECT: City Administrator Employment Agreement
Tukwila Municipal Code Section 2.26.030 states "The City Administrator shall be
required to sign a contract with the City. . .". It has come to my attentIOn recently that
this is a detail that was missed in the appointment of our current City Administrator.
Attached for your review is a draft Employment Agreement. The agreement would
become effective immediately upon CouncIl authorizing me to sign. The contract
provisions are essentially a fonnalization of current practIce. Any questions you have
concerning this agreement may be dIrected to Fmance Director Kevin Fuhrer or myself.
C. "R. 'A< FT
\"- ~:~, ." .
t.~~ f ..- c .,
PROFESSIONAL SERVICES AGREElVIENT
BET\VEEN THE CITY OF TUKWILA, WASHINGTON
and
Rhonda Berry
THIS AGREEl\tlENT is made this date between the City of Tukwila, .Washington,
hereinafter referred to as "City" and Rhonda Berry hereinafter referred to as "City
Administrator" .
,
\
WHEREAS, the City of Tukwifa is a noncharter, optional municipal code city organized
under the Mayor/Council form of government, and
WHEREAS, the City desires to contract with Rhonda Berry to serve as City
Administrator, and said Rhonda Berry desires to accept the position as the City
Administrator for the City ofTukwila.
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties
hereby agree as follows:
1. Tenn. This agreement shall remain in full force and effect from date of execution
and shall continue for a period of not less than three (3) years or until terminated as
provided by law, or by the provisions ofthis Agreement. This Agreement shall
automatically renew annually as of the third anniversary, unless otherwise terminated
as provided by law or the provisions of this Agreement. Provided, however, that this
Agreement will not automatically renew if the City gives the City Administrator
notice in writing six (6) months before the expiration of the initial three-year term of
this Agreement or the expiration of any automatic annual renewal thereafter, and in
which case the provisions of Section 8.B. ofthis Agreement shall not apply.
2. Duties. City Administrator shall perform all duties and obligations ofthe City
Administrator as required by law, and such other duties as are assigned from time to
time by the Mayor. The City Administrator recognizes that the Mayor is the
Executive body of the City and agrees to respond promptly to the Mayor regarding
any concerns that he/she may have relating to City business. The City, through the
Mayor, recognizes that the City Administrator is the individual responsible for
administration and enforcement of the City's ordinances and resolutions, and of the
policies and directives of the Mayor, and Mayor shall communicate hislher concerns
regarding administration to the City Administrator in accordance with Chapter
35A.12 RCW. City Administrator shall attend all special and regular meetings of the
Council, unless excused, and such other meetings as required by the Mayor.
1
3. Salary. CIty Administrator shall be paid according to the City Council resolution
adopting the non-represented salary schedule. City Administrator shall be paId in
accordance with the procedures for other employees of the City, and shall receive
Cost of Living Adjustments (COLA) as otherwise provided to non-represented
employees.
4. Benefits. All benefits applicable to City Department Heads and Directors shall also
be applicable to City Administrator. In addition, the following benefits are
specifically approved for the City Administrator:
A. Membership Dues. The City shall pay membership dues for the City
Administrator's member~hip in the Washington City/County City Managers'
Association (WCCMA) and the Intemational City Manager's Association
(ICMA). The City shall pay for City Administrator's attendance at such
conferences and for such other memberships, subscriptions, or dues, desirable for
City Administrator's continued professional growth, advancement and the good of
the City, and as shall be contained in the City's adopted annual budget.
B. Professional Development. The City agrees to budget for and to pay for travel
and subsistence expenses of City Administrator for professional and official
travel, meetings and occasions adequate to continue the professional development
of City Administrator and to adequately pursue necessary official functions for
the City, induding, but not limited to the .Washington State City/County City
Managers' Association and such other national, regional, state and local
governmental groups and committees thereof which City Administrator serves as
a member.
C. General Expenses. The City recognizes that certain expenses of a non-personal
and generally job-affiliate nature are incurred by City Administrator, and agrees
to reimburse or to pay said general expenses allowed by the RCW of the State of
Washington and the City Finance Department is authorized to disburse such
monies upon receipt of duly executed expense or petty cash vouchers, receipts,
statements or personal affidavits as approved by the City.
D. Car Allowance. The City shall provide a City automobile or pay a monthly
allowance of$800.00 for automobile expenses incurred by City Administrator's
use of his personal vehicle for City related business. (Said allowance is in lieu of
the City otherwise providing City Administrator with use of a City vehicle on a
regular basis).
E. Civic Club Membership. The City recognizes the desirability of representation in
local civic clubs and other organizations, and the City Administrator is authorized
to become a member of one (1) civic club for which the City shall pay dues and
meeting expenses. City Administrator shall report to the City on membership she
has taken at the City's expense.
2
5. Performance Review. The City Administrator's performance shall be reviewed
annually on or about the anniversary date of the City Administrator's commencement
date of employment as the CIty Administrator. The Mayor, as a part of the
performance review process, shall define such goals and performance objectives,
which they determine necessary for the proper operation ofthe City and to attam the
City's policy objectives. The Mayor, in consultation with City Administrator, will
establish a priority amongst the various goals and objectives and said objectives and
priorities shall be reduced to writing.
6. Termination.
A. By the City. The parties .recognize and acknowledge that City Administrator is an
"at will" employee and agrees that the Mayor may terminate City Administrator
with or without cause at any time and for any reason.
B. Termination Pay. In the event the City elects to terminate City Administrator for
any reason other than "cause", City Administrator shall receive a cash payment
equal to six (6) months of City Administrator's base salary plus a sum equal to the
premiums for the City medical plan for six (6) months medical, dental and vision
for the City Administrator and dependents. City Administrator shall also receive
payment for all accumulated Vacation Leave and Sick Leave accumulated in
accordance with the Tukwila Municipal Code and the City's policies, practices
and procedures. Said sum shall be subject to applicable federal withholding taxes.
In consideration of said payment, City Administrator agrees to execute a release
of all claims against the City, its elected or appointed officers, employees or
agents, for any claims arising out of City Administrator's employment or City
Administrator's termination of employment with the City. Provided, if City
Administrator is terminated for "cause", then City Administrator shall not be
entitled to any termination pay. For the purposes of the Agreement, the term
"cause" shall mean the conviction of a felony, or any act of embezzlement,
dishonesty or theft.
C. Reduction of Salary. In the event the City at any time during the term of this
agreement reduces the salary or other financial benefits of City Administrator in a
greater percentage than applicable across-the-board reduction for all employees of
City, or in the event the City refuses, following written notice, to comply with any
other provision benefiting City Administrator herein, or the City Administrator
resigns following a suggestion, whether formal or informal, by the Mayor that she
resign, then, in that event City Administrator may, at her option, be deemed to be
terminated at the date of such reduction or such refusal to comply and shall be
entitled to termination pay pursuant to section 6B of this agreement.
D. Termination by City Administrator. In the event City Administrator elects to
terminate employment with the City for any reason, City Administrator agrees to
provide the City with not less than sixty (60) days notice prior to the effective
date of said termination of employment. Notwithstanding the foregoing notice
3
requirement, nothing shall prevent the Mayor upon receiving City Administrator's
notice of intent to tenninate City Administrator's employment from compensating
the City Administrator at the rate of the City Administrator's base salary for the
unexpired portion of the sixty (60) days notice and releasing City Administrator
prior to the expiration of said notice.
7. Indemnification. The City shall indemnify, insure, and hold the City Administrator
harmless, including providing additional legal counsel ifthe City cannot otherwise
provide legal representation for the City Administrator, for any and all civil legal
actions brought against the City Administrator arising out of the proper discharge of
her duties while acting within the scope of her employment as City Administrator.
\
8. Bonding. The City shall beat the full costs of any fidelity or other bonds required of
the City Administrator under any law or ordinance.
9. Integration. This Agreement constitutes the entire agreement between the parties, and
both parties acknowledge that there are no other agreements, oral or otherwise, that
have not been fully set forth in the text of this Agreement.
10. Modification. The parties agree that this Agreement can be amended or modified
only with the written concurrence of both parties.
11. Authorization of Facsimile Copies. Both parties agree that should the City
Administrator sign a facsimile copy of this contract, transmitting the same to the City,
that upon the Mayor signing said facsimile copy, both parties shall be bound by the
terms and provisions of this Contract which shall be substituted for the signed
facsimile copy.
Dated this _ day of
, 2005
CITY OF TUKWILA
CONTRACTOR
By:
Steven M. Mullet, Mayor
By:
Rhonda A. Berry,
City Administrator
ATTEST/AUTHENTICATED
APPROVED AS TO FORM
By:
Jane E. Cantu, City Clerk
By:
Office ofthe City Attorney
4
CONTRACTOR'S ACKNOWLEDGMENT:
Rhonda Berry represents and acknowledges that she has read this
Agreement in its entirety and has had an opportunity to review the Agreement. She
further represents and acknowledges that it is h((r understanding that this contract has
been reviewed and approved by the City of Tukwila Attorney. By virtue of this passage,
she further acknowledges that she has been advised that she has the right to consult
independent counsel concerning this Agreement, and that by signing this Agreement she
acknowledges that she has afforqed herself the opportunity to do so, or hereby expressly
waives her right to have the Agreement reviewed by independent counsel, and agrees to
the terms hereofby signing the same.
CONTRACTOR
By:
Rhonda Berry, City Administrator
5
Finance and Safety Committee
November 21,2005
FT
Present
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Nick Ollvas, KevIn Fuhrer, Derek Speck, Rhonda Berry, Katherine Kertzman,
Lucy Lauterbach, citizen Chuck Parrish
1. Neighborhood Resource Center Agreement The CommIttee members thought the newest
version of the agreement was fine. However, they asked for infonnation about what the City's
origma1 contract said about tennination, and what Mr O'Bnen responded with. They thought It
could go into the memo for the Agre~ment. Recommend Agreement to CO\V.
.*
\
2. Emplovment Contract with the 'City Administrator The three members all expressed
support for the contract as presented. It covers the condItions of employment for the CIty
Administrator. Recommend contract to CO\V.
3. lnterlocal Agreement with Des 'Moines Regarding Tourism Katherine explained the City
of Des Moines is interested m becommg part of Seattle Southside Visitors ServIces (Tourism).
Des Moines has three hotels that wIll be included, and their waterfront will also be featured In
Tourism promotions. Now Des Momes as well as Kent and SeaTac will all help share overhead
costs for the office. As tills item is on thIS evening's Regular Meeting for passage, it wIll, if
passed, go to the Des Moines Council for aproval there before It takes effect. Recommend issue
to that evening's Council meeting.
4. 2006 Proposed Property Tax Levv 2006 property tax levies need to be submitted to Klllg
County the first week of December. However, the final CIty property valuatIOns will not be
known by that time, so an estimate WIll be made. Tec1mlcal adjustments are then made in
January. Kevin said we'll have to estimate the State utilIty rate Property tax mcreases are lImIted
to a 1 % growth due to Initiative 747. Pam noted working figures and the estimate in the
ordinance needed to be the same. Recommend ordinance to caw and Special Meeting
11/28/05.
5. 2006 Budget Review The Committee finished their review of the Fire Department and
various miscellaneous finance funds in the budget. Nick said the department will try to bid both
the aerial ladder truck and the pumpers they are buying together to see if they can get a better
deal. Information~ budget review completed.
Prepared by L. Lauterbach
Committee chair approval
COUNCIL AGENDA SEVOPSIS
y 5 Irtrtinls ITEM No.
p t 2
I 40 9 lleettnti Date 1 Pr` rer�\y Mayor's renew. Couucrl mien,'
'u s et 11/28/05 I kNA i e-- I 1.,
iso8
ITEM INFORMATION
1 CAS NUMBER. 05-154 ORIGINAL AGENDA DATE. November 28, 2005
AGENDA ITEM TITLE Annual Comprehensive Plan Amendments Update Transportation Element
CATEGORY DZsatssion Motion Resolrrtlon Ordinance BtdAward PublicHem7ng Other
11/28/05
Alig Date Mfg Dale Mfg Date Alt Date Alt; Date ilk Date Mfg Date
SPONSOR Council Mgyor Adttl Sues DCD Finance Ftre Legal PAR Police PTV
SPONSOR'S Briefing on Planning Commission's recommended Transportation Element
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. 11/14/05
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMrI I EE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
1
I I
I 1
MTG. DATE ATTACHMENTS
11/18/05 1 Memo to City Council dated November 16, 2005
it 1. Memo reTransportation Cmte Revisions
2. Transportation Committee-Minutes
13. Planning Commission Recommended Transportation Element
14. Draft Planning Commission Minutes(10 /27/05)
15. Planning Commission Staff Report
ca Nise0 0 I Note: Attachments #1 #5 provided under separate cover plus Transportation Plan
City of Tukvvila
Steven M. Mullet} Mayor
Department of Community Development
Steve Lancaster, Director
MEMORANDUM
To:
From:
Subj.
Date:
Tuk\.vila CIty CO~WI
Steve Lancaster t
Annual Compreh SIve Plan Amendments 2004/2005
November 16, 2005
Attached with this memo are revisIOns to the ComprehensIve Plan TransportatIon Element,
proposed and prepared by the Tuk\.vila PublIc Works Department. There will be a bnefing
on November 28, 2005 to review proposed amendments to the TransportatIOn Element and
the Plannmg Commission's recommendations. A publIc heanng is scheduled for December
5, 2005 to receIve input. After the publIc heanng, the City Council wIll make its final
decIsion about whether or not to adopt the proposed changes. The ComprehensIve Plan can
be amended once each year, except m case of emergency.
PROCESS TO DATE
Proposed amendments to the Comprehensive Plan were submItted by December 31, 2004.
The CIty Council held a public meeting on proposed changes to the ComprehensIve Plan
TransportatIOn Element on July 18, 2005, and forwarded the amendments to the Plannmg
Commission for reVIew. The Planning CommIssIOn and CIty Council were briefed Jomtly on
the background materials and new polIcies on June 9, September 8, and October 12,2005.
The Planning CommIssion held a public hearing on October 27, 2005. Followmg the
hearing, the CommIssIon made recommendatIOns and forwarded the Issue to the CIty
Council. The TransportatIOn Committee was brIefed at ItS meetmg on November 14, 2005,
and forwarded the issue to the COW for a bnefing on November 28, 2005, a publIc heanng
on December 5, 2005 and a decIsIon.
At each stage of the process, staff has tned to encourage publIc mvolvement. All publIc
meetings and hearIngs were advertIsed m the newspaper and on the CIty ofTukwila
websIte. PublIc Works staff addressed the SW Kmg County Chamber of Commerce m an
effort to further mform the busmess commumty of the update process, and amendments
under consIderatIOn.
COUNCIL CONSIDERATION
After holdmg its heanng on December 5, the CIty CouncIl wIll make a final decIsIon on
the recommended changes to the TransportatIOn Element. The City CouncIl may'
. Adopt the proposed amendments
. Adopt a modIfied verSIOn of the proposed amendments, or
. Reject the amendments
\\TUK2\YOL3\HOME\REBECCA\200S Comp Plan amendments\CC transmIttal memo 11-
16-05 doc
6300 South center Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
COUNCIL AGENDA SYNOPSIS
7 10 \."5 Illlttalf
ITEM NO.
0 4(A0 G I Aleeti, Date I Prepared b 4 1 Mayor's review 1 Council reotezw
1033 11/28/05
1
rsoa I I I '4_
ITEM INFORMATION
CAS NUMBER: 05-155 I ORIGINAL AGENDA DATE: NOVEMBER 28, 2005
AGENDA ITEM TITLE Concurrency Ordinance
CATEGORY Dzscusszon Motion Resolutzon Ordinance BzdAward Public Hearzng Other
Mtg Date Mtg Date Mtg Date Mtg Date 11/28/05 liltg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV l
SPONSOR'S A Concurrency Ordinance is required to implement the level of service (LOS) policies
SUMMARY contained in the Comprehensive Plan update. This ordinance codifies the proposed LOS
standards contained in Tukwila's existing Comprehensive Plan and the proposed update to
the Transportation Element. The steps new development must take in order to receive a
certificate of concurrency for transportation, water, sewer, and surface water are clearly
defined.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utihties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. 11/14/05
RECOMMENDATIONS:
SPONSOR /ADIIIN Forward to COW for discussion and then adoption.
COMMITTEE Forward to COW.
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source.
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
!Joint City Council Planning Commission Meetings 6/9/05, 9/8/05, 10/12/05.
11/28/05 1
MTG. DATE ATTACHMENTS
11/28/05 Information Memo dated November 18, 2005
Ordinance
Transportation Committee Meeting Minutes from November 14, 2005
stiw (Please bring large bound City of Tukwila Transportation Plan)
\TUK2 \VOL1\PUB WORKS \Cyndy\Concur ency Impact Pees \CAS Concurrency Ord 11- 28 -05.doc
INFORiVIATIONAL l\IIE:MORANDUM
Date:
Subject:
Mayor Mullet
Public W orks Directo~
November 18, 2005
Concurrency Ordinance
To:
From:
ISSUE
A Concurrency Ordinance is required to implement the level of service polices contained within
the Comprehensive Plan.
DISCUSSION
State law requires the City of Tukwila to plan under the Growth Management Act (GMA). One
significant update in the City's Comprehensive Plan's Transportation Element is the level of
service (LOS) standard and the methodology used to calculate it. LOS standards for water,
sewer, and surface water are already identified within the existing Comprehensive Plan and are
reiterated in the attached ordinance.
Level of Service measures the quality of traffic flow on the City's roadways. For water, sewer,
and surface water is a measurement of the capacity. Level of service is the guiding principle
behind the City's Concurrency program. The GMA requires that an adopted LOS standard be
maintained concurrent with growth. Through the planning process, specific new development
and normal background growth are projected over a twenty-year period. For traffic, the
increased volume of trips is then modeled to determine the impacts upon the City's roadways.
From the modeling process, roadway improvements are identified that will maintain the City's
adopted LOS standard. For water, sewer, and surface water systems, increases in flows are
determined through engineering analysis and compared to the system's current capacity.
The attached ordinance codifies the proposed LOS standards contained in the City's existing
Comprehensive Plan and the proposed update to the Transportation Element. It also clearly
defmes the steps new development must take in order to receive a certificate of concurrency for
transportation, water, sewer, and surface water systems.
A new section addressing "vesting, " Section 8, has been added. Applicants who have
submitted either a building permit, entered into "formal" negotiations with the City for a
development agreement, or have a signed agreement in place that addresses traffic concurrency
shall be vested under the laws, rules, and other regulations in effect prior to the date of the
proposed ordinance.
RECOMMENDATION
Refer to the next regular meeting for adoption.
p:\jim\concurrency memo.doc
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, REGARDING CONCURRENCY
MANAGEMENT; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Growth Management Act requires that the City adopt and enforce
ordinances "which prohibit development approval if the development causes the level of service on
a locally owned transportation facility to decline below the standards adopted in the transportation
element of the comprehensive plan, unless transportation improvements or strategies to
accommodate the impacts of development are made concurrent with the development." (RCW
36.70A.070(6)(b); and
WHEREAS, experience implementing the prescribed procedures has indicated a need to
revise the evaluation procedures to ensure concurrency is achieved;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Intent. Pursuant to the State Growth Management Act, RCW 36 70A, after the
adoption of its Comprehensive Plan, the City of Tukwila is required by RCW 36.70A.070(6)(e) to
ensure that transportation improvements or strategies to accommodate the impacts of development
are provided concurrent with the development. Further, the City is bound by the planning goals of
RCW 36.70A.020 to ensure that public facilities and services necessary to support development
shall be adequate to serve the development at the time the development is available for occupancy
and use without decreasing current service levels below locally established minimum standards,
hereinafter "concurrency."
The intent of this Ordinance is to establish a concurrency management system to ensure that
concurrency facilities and services needed to maintain minimum level of service standards can be
provided simultaneous to, or within a reasonable time after, development occupancy or use.
Concurrency facilities adopted by the City's Comprehensive Plan are roads, potable water, sanitary
sewer, and stonn water management. This Ordinance furthers the goals, policies and
implementation strategies and objectives of the Comprehensive Plan.
The concurrency management system provides the necessary regulatory mechanism for
evaluating requests for development to ensure that adequate concurrency facilities can be provided
within a reasonable time of the development impact. The concurrency management system also
provides a framework for determining facilities and services needs and provides a basis for meeting
those needs through capital facilities planning.
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For water, sewer, and surface water, the facilities must be in place at the time of
development impact and for roads; the facilities must be in place within six years of the time of the
development impact. Applicants with developments that would cause the level of service on
concurrency facilities to decline below City standards can have their developments approved by
implementing measures that offset their impacts and would maintain the City's standard for level of
servIce.
Section 2. Definitions. The defInitions contained in this Ordinance apply throughout this
Ordinance unless, from the context, another meaning is clearly intended.
A. "Adequate" means equal to or better than the level of service standards specified in the
current adopted capital facilities element.
\
B. "Applicant" means a person who applies for any certificate of concurrency under this
Ordinance and who is the owner of the subject property or the authorized agent of the property.
C. "Available water, sewer, and surface water capacity" means there is adequate capacity,
based on adopted level of service standards, for water, sewer, and surface water facilities currently
existing without requiring facility construction, expansion, or modification.
D. "Building permit" refers to any permit issued under the Unifonn Building Code.
E. "Certificate of concurrency" means the statement accompanying the Public Works
Department's development standards that are issued with an approved development permit or the
Public Works Department's conditions of approval that are issued with an approved building
permit. The statement shall state that a certificate of concurrency is issued and indicate:
1. For water, sewer, and surface water, the capacity of the concurrency facilities that are
available and reserved for the specific uses, densities and intensities as described in the
development permit or building permit; and
2. For road facilities assigned to the development for the specific uses, densities and
intensities as described in the development pennit or building pennit; and
3. Conditions of approval, if applicable; and
4. An effective date; and
5. An expiration date.
F. "Concurrency" means facilities or strategies that achieve the City's level of service
standards and that:
1. For water, sewer, surface water, and roads facilities that exist at the time development
is approved by the Public Works Department; or
2. For roads:
a. Are planned in the Comprehensive Plan at the time development is approved by
the Public Works Department; or
b. Will be available and complete no later than six years after completion of the
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development, and the applicant and/or the City provides a fmancial commitment which is in place
at the time the development is approved by the Public Works Department.
G. "Concurrency facilities" means facilities for which concurrency is required in
accordance with the provision of this Ordinance. They are roads, water, sanitary sewer, and surface
water facilities.
H. "Concurrency test" means:
1. For water, sewer, and surface water, the comparison of a development's demand to
the available capacity of each concurrency facility; and
2. For roads, the comparison of the development's impact on the level of service
standards of each effected subarea.
A concurrency test must be passed for water, sewer, surface water, and roads, and a
notice issued by the Public Works Department in order to obtain a certificate of concurrency. The
concurrency test notice shall be valid for one year.
I. "Development permit" means a land use permit. Development permits include short plat,
preliminary or fmal rezone/reclassification, zoning permit, master plan, shoreline substantial
development permit/conditional use permit, planned unit development, or any other permit or
approval under the Zoning Code or Subdivision Ordinance or Shoreline Master Program.
J. "Financial commitment" means:
1. Revenue sources anticipated to be available and designated for facilities in the
Comprehensive Plan;
2. Unanticipated revenue ITom federal and state grants for which the City has received
notice of approval;
3. Funding that is assured by the applicant in a fonn approved by the Public Works
Department.
K. "Level of service standard" means those standards specified in the adopted
transportation element of the Comprehensive Plan. For water, sewer, and surface water, "level of
service standard" also means those standards defined in TMC Title 14.
L. "Noncity managed facilities " include any noncity provider of water or sewer.
M. "Planned capacity" means road facilities that do not exist but for which the necessary
facility construction, expansion, or modification project is contained in the current capital facilities
element of the Comprehensive Plan. The improvements must be scheduled to be completed within
six years and the financial commitment must be in place at the time of approval of the certificate of
concurrency to complete the improvements within six years.
N. "Public Works Official" means Public Works Department employees designated by the
Public Works Director to perfonn the concurrency test.
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O. "Transportation strategies" means transportation demand management strategies and
other techniques or programs that reduce single occupant vehicle travel.
P. "Vested" means the right to develop or continue development in accordance with the
laws, rules, and other regulations in effect at the time the building permit application is deemed
complete.
Section 3. Concurrency Test.
A. Timing. All applicants must apply for the' concurrency test and receive notice of passing
the test before the City will consider an application for any development permit or building permit
to be complete.
B. Procedures.
1. Applications for concurrency shall be submitted on forms provided by the Public
Works Department. The concurrency test shall be done in order of "first in, first out," once the
Public Works Department detennines the application is complete.
2. The applicant shall be responsible to provide to the Public \Vorks Department a
certificate of availability for water and sewer with the concurrency application submittal if the
property is serviced by a non-city managed utility.
3. The applicant shall submit a detailed project description of the development,
including location, vehicular circulation, and gross floor area by use, with the concurrency
application and concurrency test fee.
4. A concurrency test shall be performed only for specific property, uses, densities and
intensities based on the information provided by the applicant. The applicant shall specify densities
and intensities that are consistent with the uses allowed for the property. If the concurrency test is
being requested in conjunction with an application for rezone, the applicant shall specify densities
and intensities that are consistent with the proposed zoning for the property. Changes to the uses,
densities and intensities that create additional impacts on concurrency facilities shall be subject to
an additional concurrency test.
5. The Public Works Director or his designee shall perform the concurrency test. The
project must receive a passing grade prior to approval of the development permit or building
permit.
6. The Public Works Director or his designees shall notify the applicant of the test
results in writing and shall notify other City departments of the test results. The date of written
notification to the applicant shall be the date of issuance of the concurrency test notice.
7. The concurrency test notice shall expire within ninety calendar days of its issuance
unless the applicant submits a SEP A environmental checklist and all required documentation
pursuant to TMC 21.04, together with the site plan, the traffic impact analysis prepared in
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accordance with the City's traffic impact analysis guidelines and containing the traffic infonnation
derived ITom the concurrency test outcome, and the SEP A review fee. No extensions may be
granted for submittal of a complete SEP A environmental checklist and all required documentation.
8. If the deadline for submittal of a complete SEPA environmental checklist and all
required documentation is met as described above in subsection (7) of this section, the concurrency
test notice shall be valid for one year ITom the date of issuance of the concurrency test notice.
9. The concurrency test notice shall expire unless a certificate of concurrency is issued
or an extension of the notice is granted within one year ITom the date of issuance of the concurrency
test notice.
IO. An applicant must apply for a new concurrency test if the notice expires or an
extension is not granted. '
II. The Public Works Director may approve an extension of up to one year if:
a. The applicant submits a letter in writing requesting the extension before the
expiration date. The applicant must show that he/she is not responsible for the delay in issuing the
certificate of concurrency, and has acted in good faith to obtain a certificate; and
b. If the property is serviced by a non-City managed utility, then the applicant must
submit a letter ITom the utility approving the extension before the expiration date.
12. Once the associated development permit or building permit is approved, the Public
Works Department shall issue a final certificate of concurrency. The concurrency certificate is valid
for a period of 2 years or as long as the developer possesses a valid building permit for the
development.
13. The Public Works Department shall be responsible for accumulating the impacts
created by each application and removing any impacts ITom the City's concurrency records for an
expired concurrency test notice, an expired development permit or building permit, a discontinued
certificate or other action resulting in an applicant no longer causing impacts which have been
accounted for in the City records.
14. The Public Works Department shall be responsible to coordinate with applicable
non-City managed utility operators for maintenance and monitoring of available and planned
capacity for these utilities.
IS. A certificate of concurrency shall apply only to the specific land use, density and
intensity described in the application for a development permit or building permit. No development
shall be required to obtain more than one certificate of concurrency for each building, unless the
applicant or subsequent owner proposes changes or modifications to the property location, density,
intensity, or land use that creates additional impacts on concurrency facilities.
16. A certificate of concurrency is not transferable to other land, but may be transferred
to new owners of the original land.
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Section 4. Test. Development applications that would result in a level of service reduction
below the established standard shall not be approved. For potable water and sanitary sewer,
available system capacity will be used in conducting the concurrency test. For surface water; water
quality, amount of detention needed, and the system's conveyance capacity will be used in
conducting the concurrency test.
A. For water, sanitary sewer, and the surface water conveyance system, if the capacity of the
concurrency facilities with the development application added is equal to or better than the capacity
required to maintain the established level of service standard, then the concurrency test is passed. In
addition for surface water, the water quality and detention standards described in the 1998 King
County Surface Water Design Manual must be met.
B. For roads, the concurrency test compares level of service at intersections or corridors, as
defined in the transportation element, both with and without the development at a time 6 years after
the estimated occupancy of the development. If the level of service is equal to or better than the
level of service standard, the concurrency test is passed.
C. If the concurrency test is not passed for water, sewer, surface water, or roads, then the
applicant may retest for concurrency after doing one or both of the following:
1. Modifying the application to reduce the need for the non-existent concurrency
facilities. Reduction of need can be through the reduction of the size of the development, reduction
of trips generated by original proposed development, or phasing of the development to match future
concurrency facility construction; or
2. Arranging to fund the improvements for the additional capacity required for the
concurrency facilities, as approved by the Public Works Director.
Section 5. Concurrency for Phased Development.
A. An applicant may request concurrency for a phased development if the Public Works
Director determines that the two criteria described below in Subsection B of this Section are met.
The application for concurrency must be accompanied by a schedule for construction of the
buildings, parking and other improvements and by a written request for the development to be
considered in phases.
B. The Public Warks Director or his designee may approve concurrency for phased
development ifboth of the following criteria are met:
1. No associated development permit is required before building permit applications can
be submitted; and
2. The application is for an integrated development site plan with multiple buildings that
are interdependent for vehicular and pedestrian access and parking.
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C. A concurrency application for phased development shall follow the same timing and
procedure as set forth in this Ordinance, except that:
1. Only one concurrency test notice shall be issued for all buildings proposed for phased
development;
2. Each building approved for phased development shall be issued a certificate of
concurrency at the same time as the building pennit;
3. The concurrency test notice for an approved phased development shall be valid for
five years from the date of its issuance; provided that a certificate of concurrency is issued for a
building within one year of the date of issuance of the concurrency test notice or within two years if
an extension is timely requested and the request is granted.
D. The Public Works Director or his designee may approve an extension of up to one year
for obtaining the first certificate of Concurrency and the final certificate of concurrency for the
phased development, consistent with the tenns of this Ordinance.
E. In no case shall the concurrency test notice be valid for more than six years from the date
of issuance of the notice. The applicant must apply for a new concurrency test for any building
approved for phased development that has not been issued a building pennit within six years from
the date of issuance of the concurrency test notice.
Section 6. Public Notice of Concurrency Test.
A. The Public Works Director or his designee shall cause notice of issuance of the
concurrency test notice to be given in the same manner and at the same time as the SEP A public
notice ofTMC 21.04.
B. The notice shall include the name of the applicant, the City file number, the address and
description of the development and the procedures for filing an appeal.
Section 7. Exemptions. The requirement for a concurrency test shall not apply to single
family building permits, multi-family building pennits for projects containing four or fewer units,
short plats, or any non-residential project that is categorically exempt from SEP A pursuant to TMC
21.04.080, 100, or 110. The Public Works Department shall also waive compliance for a traffic
concurrency test for other projects which will not generate more than 30 net new p.m. peak hour
traffic trips.
Section 8. Vesting. Applicants shall be vested under the laws, rules and other regulations
in effect prior to the effective date of this ordinance if they have, prior to the effective date of this
ordinance:
A. Submited a building pennit application that the City has deemed complete; or
B. Entered into fonnal negotiations with the City for a development agreement in accordance
with RCW 36.70B.170 through 36.70B.21 0; or
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C. Have a signed agreement with the City that is still in effect.
Section 9. Improvements to Concurrency Facilities. The City shall provide, or arrange
for others to provide, adequate facilities through construction of needed capital improvements in
implementing strategies which do the following:
A. Achieve level of service standards for anticipated future development and redevelopment
caused by previously issued and new development and building permits; and
B. Repair or replace obsolete or deteriorating facilities.
Improvements to the facilities shall be consistent with the transportation element, utilities
element and Capital Improvement Program of the Comprehensive Plan.
Section 10. Capital Facilities Plan and Capital Improvement Program. The City shall
include in the capital appropriations of its budget for expenditure during the appropriate fiscal year
fmancial commitments for all capital improvement projects required for level of service standards,
except the City may omit from its budget any capital improvements for which a binding agreement
has been executed with another party to provide the same project in the same fiscal year.
Section 11. Intergovernmental Coordination.
A. The City may enter into agreements with other local governments, applicable non-City
managed utilities, King County, the state of Washington, and other facility providers to coordinate
the imposition of level of service standards and other mitigations for concurrency.
B. The City may apply standards and mitigations to development in the City that impacts
other local jurisdictions. The City may agree to accept and implement conditions and mitigations
that are imposed by other jurisdictions on development in their jurisdiction that impact the City.
Section 12. Administrative Rules and Procedures. The Public Works Department shall
be authorized to establish administrative rules and procedures for administering the concurrency
test system. The administrative rules and procedures shall include but not be limited to application
forms, necessary submittal information, processing times, and issuance of the concurrency test
notice and the certificate of concurrency.
Section 13. Appeals.
A. Procedures. The applicant may appeal the results of the concurrency test based on three
grounds: (1) a technical error; (2) the applicant provided alternative data or a traffic mitigation plan
that was rejected by the City; or (3) delay in review and approval caused solely by the City that
allowed capacity to be given to another applicant. The applicant must file a notice of appeal with
the Public Works Department within 15 days of the notification of the test results. The notice of
appeal must specify the grounds thereof, and must be submitted on the form authorized by the
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Public Works Department. Each appeal must be submitted with the appeal fee set forth in TMC
18.108.020.
B. Hearing Schedule and Notification. When the appeal has been filed within the tIme
prescribed, in proper fonn, with the appropriate data and payment of the required fee, the Public
Works Department shall transmit the appeal to the hearing examiner for scheduling. Notice of the
public hearing shall be given to the applicant at least 15 days prior to the hearing date.
C. Record. The Public Works Department shall transmit to the Hearing Examiner all
papers, calculations, plans and other materials constituting the record of the concurrency test, at
least 7 days prior to the scheduled hearing date. The Examiner shall consider the appeal upon the
record transmitted, supplemented by any additional competent evidence, which the parties in
interest may desire to submit.
D. Burden of Proof. The burden of proof shall be on the appellant to show by a
preponderance of the evidence that the Public Works Director was in error.
Section 14. SEP A Exemption. A detennination of concurrency shall be an administrative
action of the City of Tukwila that is categorically exempt ITom the State Environmental Policy Act.
Section 15. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this Ordinance or its application to other persons or circumstances.
Section 16. Effective Date. This Ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF ,2005.
CITY OF TUKWILA
Mayor Steven M. Mullet
ATIEST/AUTHENTICATED:
Jane Cantu, City Clerk
Approved as to fonn:
Shelley M. Kerslake, City Attorney
-9-
Filed with the City Clerk:
Passed by the City Council:
Date of Publication:
Effective Date:
Transportation Committee
November 14, 2005
Present
Jim Haggerton, Chair; Joe Duffie, Pam Carter
Jim MOlTOW, Jack Pace, Rebecca Fox, Cyl1dy Knighton, Derek Speck, Lisa
Verner, Lucy Lauterbach; Chuck Parrish, Steve DIJuho-Foster Pepper &
Shefelman, Dave Markly, Brent Carson- Buck & Gordon, Sue Carlson, Dave
Kautz, Mark Segale
1. Transportation Element Rebecca explained the process of how the Transportation Element
is updated as part ofthe Comprehensive Plan. Updates can only occur once a year. A Transit
Plan and Comprehensive Transportation Plan will be included in this update The Planning
Commission held a public heanng 011 the Element. The TransportatIOn Element wIll guide the
City's transportatIOn needs in the next few years, and will provide a framework for Implementmg
ordinances on concurrency and impact fees. Recommend Transportation Comprehensive
Plan Element to CUW.
)f<. 2. Concurrency Ordinance The State Growth Management Act (GNIA) reqUIres that an
. adopted Level of Service standard be mamtained as growth occurs. ThIs is done through a
Concurrency Ordinance. Concurrency will be required in transportation, water, sewer, and
surface water. Not only capacity IS required to keep up with growth, but In water, water quality
must also be consIdered.
The mayor told representatives of Tukwila South (TS) and the Westfield Shoppingtown(the
Mall) that the City would address theIr traffic mitigation though th~ir Developer Agreements and
the proposed Impact Fee ordinance would not be applied to their developments. Both developers
had suggested language that could be added to the Concurrency and Impact Fee ordinances. Jim
Morrow had reservations about naming developments in ordmances that implement the
Transportation Element of the Comp Plan. Three options were suggested: inserting language to
exempt TS, the Mall, and the Penney's redevelopment; delaying adoption of the two
implementing ordinances; or having a transition time for the new ordinance to be put into full
effect. The Concurrency and the Impact Fee ordmances would go into effect at year's end unless
a change is made. Jim H expressed concern about the number of "must" and "shall" provisions
throughout the Concurrency ordmance. Pam asked that a provision under the Concurrency Test
procedures be clarified. The Committee members asked that the CIty Attorney give a clear
explanation of how this and the Impact Fee ordinance related to the developer agreements that
are in process now, and options for addressing that issue. Recommend ordinance and options
to COW.
3. Impact Fee Ordinance Impact fees were discussed m thejomt meetings of the Planning
Commission and Council. Cyndy said they had decIded finally on having four areas for Impact
fee levels. Zone 1 is the Urban Center; Zones 2 & 3 are residential (though they mclude Till and
Interurban businesses), and Zone 4 includes Ryan Hill and the industrial area in the north part of
the CIty. Ryan Hill was included m Zone 4 because their main access is through the industnal
area. Because most of the proJects m the six coming years are known about, Cyndy IS able to
COUNCIL AGENDA SYNOPSIS
�'S Initials ITEM NO.
1� i f+� 1 I Aleetinx Date I Prepared b j_ 0I Mayor's review I Council review 1
s i +o J 1 11/28/05 1 CK 7 I ,4,r.L 1 ,v
ITEM INFORMATION
CAS NUMBER. 05-156 I ORIGINAL AGENDA DATE. NOVEMBER 28, 2005
AGENDA ITEM TITLE Impact Fee Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Nits Date Mtg Date Mtg Date Mtg Date 11/28/05 Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S This Ordinance repeals TMC 9.48 regarding Transportation Impact Fees and establishes a
SUMMARY new TMC 9.48 regarding Transportation Concurrency Standards and Impact Fees. This
new impact fee program has been developed in line with GMA and SEPA. The impact fee
schedule has been developed through identification of future roadway improvements
necessary to maintain Tukwila's adopted concurrency standard along with a fiscally
constrained funding mechanism.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utihttes Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/14/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Forward to COW for discussion and then adoption.
COMIIrrEE Forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
1 Joint City Council Planning Commission Meetings 6/9/05, 9/8/05, 10/12/05.
11/28/05 1
MTG. DATE I ATTACHMENTS
11/28/05 Information Memo dated November 18, 2005
1 Ordinance
Map of Impact Fee Zones Impact Fee Schedule
Transportation Committee Meeting Minutes from November 14, 2005
1 (Please bring large bound City of Tukwila Transportation Plan)
A
H:\PUBWORKS \Cyndy\Concurrency Impact Fees \CAS Impact Fee Ord 11- 28- 05.doc
INFORMATIONAL l\iIEMORUNDUM
Date:
Subject:
Mayor Mullet
Public W orks Director~
November 18, 2005
Impact Fees
To:
From:
ISSUE
Proposed ordinance modifying the Impact Fee ordinance and establishing a new impact fee schedule.
BACKGROUND
State law requires the City of Tukwila to plan under the Growth Management Act (GMA). A substantial
update to the Transportation Element has been proposed for adoption this year that includes an updated
transportation impact fee schedule. The impact fee schedule has been developed through identification of
future roadway improvements necessary to maintain the City's adopted concurrency standard and a fiscal
analysis on how much funding capability Tukwila will have. Impact fees are one tool allowed under GMA to
finance necessary roadway improvements.
RCW 82.02.909 defmes Impact Fees as "...a means of payment of money imposed upon development as a
condition of development approval to pay for public facihties needed to serve new growth and development,
that is reasonably related to the new development that creates addItional demand and need for pubhc facihties,
that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably
benefit the new development."
Basic information on concurrency and impact fees was presented at Transportation Committee meetings on
1/24,2/14, and 2/23. Additionally, there have been three joint briefmgs with the City Council and Planning
Commission on the proposed Transportation Element, with the last briefing of 10/12 focusing on the impact
fee topic.
ANALYSIS
The first attached matrix shows the projects per zone, which are identified in the proposed 2006 CIP as
having funds, expended within the next 6 years. Since impact fees must be calculated after all other sources
of funding have been accounted for, the amount being collected under Impact Fee Cost. Further, since the
City must pay for the impacts of existing volumes as well as regional growth utilizing city facilities, only
those trips which are new to each zone which are associated with new growth in the zone has been identified
using the City's EMME/2 model.
The second matrix shows the cost per trip amount by zone that can be collected through new development.
This matrix also shows adjustments made for new trips associated with development and trip length. By using
these adjustments, staff believes the most accurate and true evaluation of actual impacts to the City's street
network is achieved.
A new section addressing "vesting," Section 16, has been added. Applicants who have submitted either a
building permit, entered into "formal" negotiations with the City for a development agreement, or have a
signed agreement in place that addresses traffic concurrency and impact fees shall be vested under the laws,
rules, and other regulations in effect prior to the date of the proposed ordinance
RECOMMENDATION
Refer on to the next regular meeting for adoption.
p.\jim\impact fee memo.doc
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. 0
AN ORDINANCE OF THE CITY OF TUKWILA,
W ASIDNGTON, REPEALING TMC 9.48 REGARDING
TRANSPORTATION IMPACT FEES; ADOPTING A NEW
TMC 9.48 REGARDING TRANSPORTATION
CONCURRENCY STANDARDS AND IMPACT FEES;
PROVIDING FOR SEVERABILITY; AND ESTABLISIDNG
AN EFFECTIVE DATE
WHEREAS, the City of Tukwila has adopted a Comprehensive Plan pursuant to the
Growth Management Act of the State of Washington and RCW 36.70A, which includes as part of
the transportation element of the Comprehensive Plan elements relating to traffic impacts and
necessary mitigation; and
WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development
activity as part of the financing for public facilities, including transportation facilities; and
WHEREAS, the City Council of the City of Tukwila has adopted a transportation element
of its Comprehensive Plan, including transportation facilities, and desires to provide funding for
said plan through the imposition of development impact fees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sectlon 1 RepefJler. Tukwila Municipal Code Chapter 9.48 (Transportation Concurrency
Standards and Impact Fees) is hereby repealed in its entirety.
Sectlon? New TMC 94R Adopted. A new Tukwila Municipal Code Chapter 9.48,
Transportation Concurrency Standards and Impact Fees, is hereby adopted as set forth in the
remaining sections of this Ordinance.
Section 1 A l1thority fJnd Pl11'Po~e.
A. Authority. The City of Tukwila's impact fee financing program has been developed
pursuant to the City of Tukwila's police powers, the Growth Management Act as codified in
Chapter 36.70A of the Revised Code of Washington (RCW), the enabling authority in RCW
Chapter 82.02, RCW Chapter 58.17 relating to platting and subdivisions and the State
Environmental Policy Act (SEPA), and RCW Chapter 42.l2C.
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B. Purpose. The purpose of the financing plan is to:
1. Develop a program consistent with Tukwila's Comprehensive Plan, the Six Year
Transportation Program and the Capital Improvement Plan, for joint public and private fmancing of
transportation improvements necessitated in whole or in part by development within the City of
Tukwila;
2. Ensure adequate levels of transportation and traffic service consistent with the level
of service identified in the Comprehensive Plan and Title _ of the Tukwila Municipal Code;
3. Create a mechanism to charge and collect fees to ensure that new development bears
its proportionate share of the capital costs of transportation facilities necessitated by new
development; and
4. Ensure fair collection and administration of such transportation impact fees.
C. The provisions of the City ofTukwila's impact fee ordinance shall be liberally construed
to effectively carry out its purpose in the interests of the public health, safety and welfare.
Section 4 Definitions. The following words and terms shall have the following meanings
for the purposes of this Ordinance, unless the context clearly requires otherwise. Terms or words
not defmed herein shall be defined pursuant to RCW 82.02.090 when given their usual and
customary meaning.
The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First
Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special
Session, as now in existence or hereinafter amended.
"Building permit" means an official document or certification of the City of Tukwila issued
by the City's building official which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or
repair of a building or structure.
"City" means the City ofTukwila, Tukwila, Washington.
"Development activity" means any construction of a building or structure that creates
additional demand and need for transportation facilities.
"Development approval" means any written authorization from the City, which authorizes
the commencement of the "development activity."
"Letter encumbered" means to reserve, set aside, or earmark the impact fees in order to pay
for commitments, contractual obligations, or other liabilities incurred for the provision of
transportation facilities.
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P.\Jim\Impact Fees -ordinance II.DOC/J/11/18/05
"Feepayer" is a person, corporation, partnership, an incorporated associatIOn or
governmental agency, municipality, or similar entity commencmg a land development activity,
which requires a building pennit and creates a demand for additional facilities.
"Impact fee" means the payment of money imposed by the City on development activity
pursuant to this Ordinance as a condition of granting development approval in order to pay for the
transportation facilities needed to serve new growth and development that is a proportionate share
of the cost of the capital facilities that is used for facilities that reasonably benefit new development.
Impact fees do not include a reasonable pennit fee, an application fee, a concurrency test fee, and
the administrative fee for collecting and handling impact fees or cost of reviewing independent fee
calculations. '
"Owner" means the owner of record of real property, as found in the records of King
County, Wasmngton, or a person with an unrestricted written option to purchase property;
provided, that if the real property is' being purchased under a recorded real estate contract, the
purchaser shall be considered the owner of the property.
"Proportionate share" means that portion of the cost for transportation facility
improvements that are reasonably related to the service demands and needs of new development.
"Vested" means the right to develop or continue development in accordance with the laws,
rules, and other regulations in effect at the time the building permit application is deemed complete.
Section') Imposition ofTnmsportation Imprlct Fees.
A. The City hereby authorizes the assessment and collection of impact fees on development
activity at the rates set forth in attachment A, incorporated herein by this reference.
B. Transportation impact fees imposed by this Ordinance:
1. Shall only be imposed for system improvements that are reasonably related to the
new development;
2. Shall not exceed the proportionate fairshare of the costs of system improvements
that are reasonably related to the new development;
3. Shall be used for the system improvements that will reasonably benefit new
development;
4. May be collected and spent only for system improvements, which are provided for
in the transportation element of the Capital hnprovement Plan and Comprehensive Land Use Plan;
5. Shall not be used to correct existing transportation system deficiencies as of the date
of adoption of this Ordinance; and
6. Shall be collected only once for each development, unless changes or modifications
to the development are proposed which result in greater direct impacts on transportation facilities
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P'Uim\Impact Fees -ordinance II.DOC/J/1IIlS/05
than were considered when the development was fIrst approved.
Section () ra1clJ1~tion ofTmpact Fee~.
A. The method of calculating the transportation impact fees in this Ordinance incorporate,
among other things, the following:
1. The cost of public streets and roads necessitated by new development;
2. An adjustment to the costs of the public streets and roadways for past or future
mitigation payments made by previous development to pay for a particular system improvement
that was prorated to the particular street improvement;
and
3. The availability of oth~r means of funding public street and roadway improvements;
4. The methods by which public street and roadway improvements were financed.
B. Fees for development shall be calculated based on their trip generation rates as
detennined by the Public Works Director, or designee, applying the ITE Trip Generation Manual.
If the proposed development activity concerns an existing use, the fee shall be based on net new
trips generated by the redevelopment. If an existing building has not been used for its intended
purpose or has been vacant for twelve months or more preceding application, no credit for
existing trips shall be given.
Section 7 rredit. A credit, not to exceed the impact fee otherwise payable, shall be
provided for the fair market value of any dedication of land for, improvement to, or new
construction of any system improvements provided by the developer, to facilities that are identified
in the Capital Improvement Plan and that are required as a condition of approving the development
activity. The determination of "value" shall be consistent with the assumptions and methodology
used by the City in estimating the capital improvement costs.
Section R Time orp::Jyment ofTmpact Fee~.
A. The impact fees imposed pursuant to this Ordinance shall be assessed by the City at the
time of the application for the development permit, and shall be due and payable in whole at the
time of issuance of such permit. The fee paid shall be the amount in effect as of the date of the
permit issuance.
B. Impact fees may be paid under protest in order to obtain a permit or other approval of
development activity.
Section 9 Adjmtment~.
A. The amount of fee to be imposed on a particular development may be adjusted by the
Public Works Director giving consideration to studies and other data submitted by the developer
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P"\Jim\Impact Fees -ordinance IIDOC/J/ll/18/0S
demonstrating by clear and convincing evidence that an adjustment should be made m order to
carry out the purposes of this Ordinance.
B. The Public Works Director shall review a study to determine if the adjustment request:
1. Is based on accepted impact fee assessment practices and methodologies;
2. Uses acceptable data sources and if the data used is comparable with the uses and
intensities planned for the proposed development activity;
3. Complies with the applicable state laws governing impact fees;
4. Is prepared and documented by professionals who are mutually agreeable to the City
and the developer and are qualified in their respective fields; and
\
5. Shows the basis upon which the independent fee calculation was made.
C. In reviewing a study, the Public Works Director may require the developer to submit
additional or different documentation. If the Public Works Director agrees with the study's
[mdings, an adjustment to the impact fee will be made. If a compelling case has not been made, the
developer shall pay the full impact fee amount.
D. A developer requesting an adjustment or independent fee calculation may pay the
impact fees imposed by this Ordinance to obtain a building permit while the City determines
whether to partially reimburse the developer by making an adjustment or accepting the independent
fee calculation.
Section 1 0 R!':trlhli~l1ment of Tmprlct Fee AccOlmt. hnpact fees received pursuant to this
Ordinance shall be eannarked and retained in special interest-bearing accounts. All interest shall be
retained in the account and expended for the purpose or purposes for which the impact fees were
collected.
Section 11 T J~e of Tmprlct Fee~.
A. Pursuant to this Ordinance, impact fees shall be used for facilities that will reasonably
benefit the City and its residents.
B. Fees shall not be used to make up deficiencies in City facilities serving an existing
development.
C. Fees shall not be used for maintenance and operations, including personnel.
D. Traffic impact fees shall be used for but not limited to land acquisition, site
improvements, engineering and architectural services, permitting, financing, administrative
expenses and applicable mitigation costs, and capital equipment pertaining to transportation
systems and facilities.
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P.\Jim\Impact Fees -ordinance II.DOC/J/11l18/05
E. Traffic impact fees may also be used to recoup public improvement costs incurred by the
City to the extent that new growth and development will be served by the previously constructed
improvement.
F. In the event bonds or similar debt instruments are or have been issued for system
improvements, impact fees may be used to pay the principal on such bonds.
G. Transportation impact fees shall be expended or encumbered for a pennissible use
within six years of receipt, unless there exists an extraordinary or compelling reason for fees to be
held longer than six years. The Public Works Director may recommend to the Council that the City
hold fees beyond six years in cases where extraordinary or compelling reasons exist. Such reasons
shall be identified in written fmdings by the Council.
H. The Finance Director shall prepare an annual report on the transportation impact fee
account showing the source and amoUnt of all moneys collected, earned or received and projects
that were financed in whole or in part by transportation impact fees.
Section 1? Pbn !md Fee T Jpd!'lte. This Plan may be updated annually to evaluate the
consistency of development density assumptions, estimated project costs and adjust for awarded
grant funding, if any. Plan updates that result in a change in impact fees will be reviewed by the
City Council. Impact fee changes will only occur through an ordinance requiring Council action.
Section 11 Renmds.
A. A developer may request and shall receive a refund when the developer does not
proceed with the development activity for which transportation impact fees were paid, and the
developer shows that no impact has resulted.
B. The developer must submit a request for a refund to the City in writing within one year
of the date the right to claim the refund arises. Any transportation impact fees that are not expended
or encumbered within the time limitations established, and for which no application for a refund has
been made within this one-year period, shall be retained and expended on any project identified in
the Capital Improvement Plan.
C. In the event that transportation impact fees must be refunded for any reason, they shall
be refunded with interest earned to the applicant.
Section 14 Appe!'lls.
A. Any feepayer may pay the impact fees imposed by this Ordinance under protest in order
to obtain a building permit.
B. Appeals regarding traffic impact fees imposed on any development activity may only be
taken by the feepayer of the property where such development activity will occur. No appeal shall
be permitted unless and until the impact fee at issue has been paid.
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P'\Jim\Impact Fees -ordinance ll.DOC/Jlll/18/05
C. Determinations of the Public Works Director, or IDS designee with respect to the
applicability of traffic impact fees to a given development activity, or the availability of a credit, can
be appealed to the City's Hearing Examiner pursuant to this Section.
D. An appeal shall be taken within 10 working days of payment of the impact fees under
protest or within 10 working days of the City's issuance of a written determination of a credit or
exemption decision by filing with the City a notice of appeal giving the reasons for the appeal with
an accompanying appeal fee as set forth in the existing fee schedule for land use decisions.
E. Appeals under this Ordinance will be processed in accordance with the procedures set
forth in TMC 18.108.020.
~ection 1 S Rxemption~. Impact fees are generated from the formula for calculating the
fees as set forth in this Ordinance. The amount of an impact fee is determined by the information
contained in the adopted transportation element, as appended to the City's Comprehensive Plan.
All new development located in the City that generates net new peak hour trips will be charged a
traffic impact fee. The following exemptions shall apply:
A. Any non-residential project that is categorically exempt from SEP A pursuant to TMC
21.04.080, 100, or 110.
B. Projects that will not generate net new traffic trips;
C. Should the City reduce or waive any impact fees, not subject to Section 9.0 of this Chapter,
as part of a negotiated developer's agreement, those waived or reduced fees shall be paid
from the City's funds.
~ection 1 n V e~tine Applicants shall be vested under the laws, rules and other regulations
in effect prior to the effective date of this ordinance if they have, prior to the effective date of this
ordinance:
A. Submitted a building permit application that the City has deemed complete; or
D. Entered into formal negotiations with the City for a development agreement in accordance
with RCW 36.70B.170 through 36.70B.21 0; or
E. Have a signed agreement that is still in effect with the City addressing traffic concurrency
and impact fees.
~ection 17 Al1tnority TTnimpHired. Nothing in this Ordinance shall preclude the City from
requiring the feepayer to mitigate adverse and environmental effects of a specific development
pursuant to the State Environmental Policy Act, Chapters 43.21 C RCW and! or Chapter 58.17
RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent
with Chapters 43.2lC and 82.02 RCW.
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P"\Jim\Impact Fees -ordinance II.DOC/J/11118/05
Section 1~ ReJ::Jtionshipto SE~A.
A. All development shall be subject to environmental review pursuant to SEP A and other
applicable City ordinances and regulations.
B. Payment of the impact fee pursuant to this Ordinance shall constitute satisfactory
mitigation of those traffic impacts related to the specific improvements identified on the project list.
C. Further mitigation in addition to the impact fee shall be required for identified adverse
impacts appropriate for mitigation pursuant to SEP A that are not mitigated by an impact fee.
D. Nothing in this Ordinance shall be construed to limit the City's authority to deny
development permits when a proposal would result in significant adverse traffic impacts identified
in an environmental impact statement and reasonable mitigation measures are insufficient to
mitigate the identified impact.
Section 19 Sevemhl1ity, Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this Ordinance or its application to other persons or circumstances.
Section?O Effective 1)~te, This Ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF ,2005.
CITY OF TUKWILA
Mayor Steven M. Mullet
ATTEST/AUTHENTICATED:
Jane Cantu, City Clerk
Approved as to fonn:
Shelley M. Kerslake, City Attorney
- 8 -
Filed with the City Clerk:
Passed by the City Council:
Date of Publication:
Effective Date:
e
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01 1u neS
Impact Fee Zones Map
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Impact Fee Schedule 2006
Land Uses Unit of Zone 1 Zone 2 Zone 3
Measure Zone 4
Cost per Trip> $1,42471 $1,34546 $1,071 73 $807 07
Residential
Single Family dwelling $1,36118 $1,28546 $1,023 94 $771 08
Multi Family dwelling $826 33 $780 37 $621 60 $468 10
Retirement Community dwelling $291 10 $27491 $21898 $16490
Nursing Home/Convalescent Center bed $215 63 $203 64 $162.21 $122 15
Assisted Living dwelling $183.29 $173 09 $137.88 $103 83
Commercial - Services
Drive-in Bank sq fUGFA $1898 $17 92 $14.28 $10 75
Walk-in Bank sq fUGFA $15.32 $14.47 $11 52 $868
Day Care Center sq fUGFA $762 $7.20 $574 $432
Library sq fUGFA $348 $3.29 $262 $197
Post Office sq fUGFA $5.30 $500 $398 $300
Hotel/Motel room $908.73 $858 19 $683 59 $51478
Service Station VFP $3,81237 $3,60031 $2,867 84 $2,15964
Service Station/Minimart VFP $2,627 55 $2,481 40 $1,97656 $1,48846
Service Station/MinimartlCar Wash VFP $3,885 36 $3,669.24 $2,922.74 $2,200 99
Carwash (Self-Serve) Stall $2,31866 $2,18969 $1,744.20 $1,31348
Movie Theater screen $33,521 55 $31 ,656 97 $25,21645 $18,989 37
Health Club sq fUGFA $385 $364 $2.90 $2.18
Racquet Club sq fUGFA $164 $154 $1.23 $093
Marina Berth $202.92 $191 64 $152.65 $11495
Commercial - Institutional
Elementary School/Jr. High School student $160 18 $151.27 $120 50 $9074
High School student $10782 $101 82 $81.10 $61 08
University/College student $21948 $207.27 $165 10 $12433
Church sq fUGFA $094 $089 $071 $053
Hospital sq fUGFA $142 $1 34 $1.07 $0.80
Commercial - Restaurant
Restaurant sq fUGFA $784 $741 $590 $444
Fast Food Restaurant w/o drive thru sq fUGFA $1007 $951 $757 $570
Fast Food Restaurant w drive/thru sq fUGFA $1289 $1217 $970 $730
Industrial
Light Industry/High TechnoloQY sq fUGFA $192 $1 82 $145 $1 09
Industrial Park sq fUGFA $1 81 $1 71 $1 36 $1 02
Warehousing/Storage sq fUGFA $100 $095 $075 $057
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Impact Fee Schedule 2006
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost per Trip> $1,42471 $1,34546 $1,071 73 $807 07
Commercial - Retail
Shopping Center
up to 9,999 sq ft sq ft/GLA $343 $3.24 $2.58 $1.94
10,000 sq ft-49,999 sq ft sq fUGLA $301 $284 $2.26 $1.70
50,000 sq ft-99,999 sq ft sq fUGLA $2.20 $2.08 $1 65 $1.25
100,000 sq ft-199,999 sq ft sq fUGLA $2.15 $2.03 $162 $1.22
200,000 sq ft-299,999 sq ft sq fUGLA $1 96 $1 85 $147 $1 11
300,000 sq ft-399,999 sq ft sq ft/GLA $2.32 $2.19 $1 75 $1 31
over 400,000 sq ft sq ft/GLA $2.61 $2.47 $1 97 $148
Miscellaneous Retail Sales sq ft/GFA $1.19 $1 12 $089 $067
Supermarket sq fUGFA $698 $659 $5.25 $395
Convenience Market sq fUGFA $12.10 $11 43 $910 $686
Nursery/Garden Center sq fUGFA $174 $1.64 $1 31 $099
Furniture Store sq fUGFA $018 $017 $013 $010
Car Sales - New/Used sq fUGFA $3.97 $375 $2.98 $2.25
Auto Care Center sq fUGLA $155 $1 46 $1 17 $088
Quick Lubrication Vehicle Shop SeNice Bay $1,35894 $1,283.35 $1,022.26 $769 82
Auto Parts Sales sq fUGFA $2.74 $259 $2.06 $1 55
Pharmacy(with Drive Through) sq fUGFA $340 $3.21 $2.56 $1 93
Free Standing Discount Store sq ftJGFA $240 $2.27 $1 81 $1 36
Hardware/Paint Store sq fUGFA $2.03 $1 91 $1 52 $1,15
Discount Club sq fUGFA $410 $387 $308 $232
Video Rental sq fUGFA $306 $2.89 $230 $174
Home Improvement Superstore sq fUGFA $1.62 $1.53 $1.22 $092
Tire Store SeNice Bay $1,59001 $1,501 57 $1,19608 $900,72
Electronics Superstore sq fUGFA $255 $2.41 $192 $144
Commercial - Office
Administrative Office
up to 9,999 sq ft sq fUGFA $665 $6.28 $5,00 $376
10,000 sq ft-49,999 sq ft sq fUGFA $665 $6.28 $500 $376
50,000 sq ft-99,999 sq ft sq ft/GFA $385 $364 $2.90 $2.18
100,000 sq ft-199,999 sq ft sq fUGFA $2.92 $2.75 $2.19 $1 65
200,000 sq ft-299,999 sq ft sq fUGFA $2.55 $240 $1 91 $144
over 300,000 sq ft sq fUGFA $2.39 $2.25 $1 79 $1 35
Medical Office/Clinic sq fUGFA $566 $534 $4.25 $3.20
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Transportation Committee
November 14, 2005
Present
Jim Haggerton, Chair; Joe Duffie, Pam Carter
Jim Morrow, Jack Pace, Rebecca Fox, Cyndy Knighton, Derek Speck, Lisa
Verner, Lucy Lauterbach; Chuck Parrish, Steve DIJullo-Foster Pepper &
Shefelman, Dave Markly, Brent Carson- Buck & Gordon, Sue Carlson, Dave
Kautz, Mark Segale
1. Transportation Element Rebecca explained the process of how the Transportation Element
is updated as part of the Comprehensive Plan. Updates can only occur once a year. A Transit
Plan and Comprehensive Transportation Plan WIll be included ill this update. The Planrung
Commission held a public hearing oil the Element. The Transportation Element will guide the
City's transportatlOn needs in the next few years, and will provide a framework for implementing
ordinances on concurrency and impact fees. Recommend Transportation Comprehensive
Plan Element to CO\V.
2. Concurrency Ordinance The State Growth Management Act (GMA) requires that an
adopted Level of Service standard be mamtained as growth occurs. This is done through a
Concurrency Ordinance. Concurrency will be required in transportation, water, sewer, and
surface water. Not only capacity is required to keep up wIth growth, but in water, water quality
must also be considered.
The mayor told representatives ofTukwila South (TS) and the Westfield Shoppingtown(the
MaID that the City would address their traffic mitigation though their Developer Agreements and
the proposed Impact Fee ordinance would not be applied to their developments. Both developers
had suggested language that could be added to the Concurrency and Impact Fee ordinances. Jim
Morrow had reservations about naming developments in ordinances that implement the
Transportation Element of the Comp Plan. Three options were suggested. insertmg language to
exempt TS, the Mall, and the Penney's redevelopment; delaying adoption ofthe two
implementing ordinances; or having a transition time for the new ordmance to be put into full
effect. The Concurrency and the Impact Fee ordinances would go into effect at year's end unless
a change is made. JIm H expressed concern about the number of "must" and "shall" provisions
throughout the Concurrency ordmance. Pam asked that a provision under the Concurrency Test
procedures be clarified. The Committee members asked that the City Attorney give a clear
explanatlOn of how this and the Impact Fee ordinance related to the developer agreements that
are in process now, and options for addressing that issue. Recommend ordinance and options
to COW.
~act Fee Ordinance Impact fees were discussed in the joint meetings of the Planning
7\ ~ssion and Council. Cyndy smd they had decided finally on having four areas for impact
fee levels. Zone 1 is the Urban Center; Zones 2 & 3 are residential (though they include TIB and
Interurban businesses), and Zone 4 includes Ryan Hill and the industrial area in the north part of
the City. Ryan Hill was included m Zone 4 because their mam access is through the industnal
area. Because most of the projects in the six coming years are known about, Cyndy is able to
Transportation Committee
1:\ovember 14,2005
Page 2
calculate this into p.m. peak trip costs for each of the four zones. The City will study the
improvements needed in each area each year, and from that a chart \vill estimate impact fees for
each area. Cyndy had revised the charts since they were put into the agenda, and those charts
include some but not all the land uses in a reference book she has, One provIsion in the
ordinance says if anyone development is exempted: the City must pay \vhat that exempted
company does not pay. The Committee members went through the ordinance and suggested
some clarifications. Pam C asked for a clarification about using either 6 or 1 a years to payoff
project costs. Recommend ordinanc~ to CO'V.
\
;
4. Developer Agreement Ordinance This ordinance would formalize developer agreements in
the City, and would provide guidance about what should be included in them. One section
provided flexibility in requiring adherence to regulations. Steve DiJulio said state law dictates
that any developer agreement that comes after adoption of a code must follow that code. The
Committee did not have comments on the body of the ordinance. Recommend ordinance to
CO'V.
5. Southcenter Parkway Extension The City contracted with David Evans to design
Southcenter Parkway from S. l80'h _20ath. Comments from Tukwila South (TS) project were
included at the beginning of the contract. That work is now 90% complete, and TS has reviewed
the plans and proposed twelve new additions such as traffic signals, bus pullouts, new
intersections, a change in the size and level of the roadway, and utility work. This would require
additional work from David Evans. Mark Segale reported they are negotiating with the
Schoenbachlers, and expect a final answer from them soon. Jim Morrow said he would come
back to the Committee for additional funding authorization after the Schoenbachlers and Segales
work out right-of-way issues. Information.
6. Protect Funding Jim M has heard about the federal funding for Klickitat and Southcenter
Parkway. The funding for both has been cut 15% for Katrina aid, and the City will only be able
to receive 20% reimbursement per year for the promised grant. Therefore, the City will need to
fund the projects up front, and later get paid the grant in annual payments. Information.
9.~ Committee chair approval
/I Mmutes by LL
LA COUNCIL AGENDA SYNOPSIS
Initials ITEM No.
9 j ti 1, G) Meeting Date I Prepared by Mayors review Council review 1
11/28/05 RAB for KF A Lk-
7908
ITEM INFORMATION
CAS NUMBER: 05-157 (ORIGINAL AGENDA DATE: 11-28-05
AGENDA ITEM TITLE 2006 Property Tax Ordinances:
1) Setting the Regular Levy 2) Increasing the Regular Levy by 1.0 percent
CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other
Mtg Date 11-28-05 Mtg Date Mtg Date Mtg Date 11-28-05 Mtg Date Mtg Date Aftg Date
SPONSOR Council Mayor Adrn Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S Pursuant to State statute, both proposed ordinances are required in order to receive
SUMMARY revenues in 2006. These must be adopted and submitted to King County no later than
December 2, 2005.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11 -21 -05 F S Cmte.; 11 -28 -05 COW SPE Mtgs.
RECOMMENDATIONS:
SPONSOR /ADMIN. Review and adopt two proposed ordinances (COW SPE Mtgs.) 11/28
COM MITIEE Same as sponsor.
COST IMPACT I -FUND SOURCE=
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments
MTG.__DATE I RECORD OF_COUNCIL ACTION
11-28-05
MTG. DATE I ATTACHMENTS
11 -28 -05 Memo to Council from K. Fuhrer dated November 15, 2005 t
Memo from Larry Phillips dated October 14, 2005 1
Preliminary Levy Limit Worksheet 2006 Tax Roll
Ordinance Final Format establishing regular tax levy rate for 2006
Ordinance Final Format increasing tax levy rate commencing January 1, 2006
Draft minutes Finance Safety Committee meeting November 21, 2005
To:
Council Finance & Safety Committee
Kevin A. Fuhrer, Finance Director ~
From:
Date:
November 15,2005
Subject:
2006 Proposed Property Tax Levy
In preparation for our discuss,ion at the November 21, 2005 committee
meeting, I have attached a number of documents for your review related to
establishing the 2006 property tax levy.
Specifically, you will find correspondence from Larry Phillips, Chair of the
Metropolitan King County Council; a 2006 Preliminary Levy Limit
Worksheet prepared by the King County Assessor's Office; an Excel
spreadsheet that I prepared to develop an estimated levy value, and finally
(2) draft ordinances establishing the 2006 property tax levy.
As noted in Councilmember Phillip's correspondence, the deadline for
submitting our levy request to King County is December 2,2005. As has
been the case in past years, the County will not have-final propeliy
valuations prior to the cutoff date. Given the preliminary nature of the
valuations and consideration of the 1 % levy base growth constraint, I have
set the recommended levy amount slightly higher than the value I calculated
for the estimated allowable levy. We can discuss my rationalejn greater
detail at the meeting.
I look forward to seeing each of you at 5 p.m. on Monday, November 21.
LARRY PHILLIPS
Chair
Metropolitan King County Council
October 14, 2005
RE: Submission of District Property Tax Levies for- 2006 to the County Council
To the Board of Commissioners: \_
The County Council is required by RCW 84.52.070 to certify annually the amount
of property taxes levied in King County. In order to make this certification, we
must know the amount of taxes to be levied for each taxing district.
THE DEADLINE FOR SUBMITTING 2006 PROPERTY TAX LEVIES IS
DECEMBER 2, 2005
In order for your district to receive property taxes in an amount greater than that
received in 2005, if permitted by law, we must receive your resolution by
December 2, 2005. This applies to basic levies provided for by state law as well
as any excess levies approved by a vote of the people. Please remember that
the Assessor is required to review levy requests to ensure that they do not
exceed the allowable levy.
If you cannot finalize your levy request by December 2, please submit an
estimate. If your estimate is higher than the allowable levy, the _Assessor will
reduce the amount requested for your jurisdiction to an amount no greater than
the allowable levy. However, if your estimate is less than the allowable levy, the
amount requested can only be increased from the amount certified in your
ordinance or resolution to the level of the allowable levy with formal written
notification from your Board of Commissioners. This written notification must be
filed with the Assessor and the Clerk of the Council by December 6, 2005 for
inclusion in the certification ordinance.
Forms are enclosed for you to use in .submitting your levy request. Please submit
copies of the form and any resolution or ordinance that may be required by
RCW 84.55.120 to both the King County Council and the King County Assessor's
Office at the following addresses:
,B,
516 Third Ave, Room 1200, Seattle, WA 98104-3272
206-296-1004 TTYITDD 206-296-1024 Fax 206-296-0370
r::>rrv nhillin<::/IT)mptrnk" nn\f
Clerk's Office
Metropolitan King County Council
516 Third Avenue Room W-103~
Seattle, WA 98104
Fax: 206-205-81 65
Telephone: 206-296-1020
Hazel Newton
Accounting Division
King County Department of
Assessments
500 Fourth Ave. Room 709
Seattle, W A 98104
Fax: 206-296-0106
Telephone: 206-296-5145
The King County Council may pass an amendatory certification ordinance in
January 2006 in order to allow for technical adjustments in the final levy
amounts. However, discretionary increases in your levy may not be made in this
amendatory certification ordinance.
If you have any questions, please call the Assessor's Office at 296-5145 or 296-
5146.
Thank you for your cooperation.
c: Scott Noble, Assessor
FR. ..la--L~. ~.""'~.I:'}.I';~. ~. .~."?
'", ;:m.1 ., 'V.,j 01\,,<' ,.... "" ~;f
.,,,,,.= "'"' ' '~~ . 1,; "" .a;t..;;,;. '.\:i. .'
LE\f1f Lmr~9T \f.,gORKSH5[ST - 2006 T~1.t R@~u
TAXING DISTRICT: City of Tukwila
Thefollowing determination of your regular levy limitfor 2006 property taxes is provided by tile King COllnty
Assessor pursuant to RCW 84.55.100.
Annexed to Library District
Using Limit Factor
For District
10,725,881
1.0100
10,833,140
28,648,923
o
28,648,923
311712
89,302
10,922,442
(Note 1)
Estimated Library rate: 0 45891
Calculation of Limit Factor Levy
Levy basis for calculation. (2005 Statutory) (Note 2)
x Limit Factor
= Levy
l:ocal new construction
+ Increase in utility value (Note 3)
= Total new construction
x Last year's regular levy rate
= New construction levy
Total Limit Factor Levy
Using Implicit
Price Deflator
10,725,881
1.0254
10,998,318
28,648,923
o
28,648,923
3 11712
89,302
11,087,620
o
10,922,442
3,627,170,637
301128
o
o
Annexation Levy
Omitted assessment levy (Note 4)
Total Limit Factor Levy + new lid lifts - omits
+ Regular levy assessed value less annexations
= Annexation rate (cannot exceed statutory maximum rate)
x Annexation assessed value
= Annexation Levy
o
11,087,620
3,627,170,637
3 05682
o
o
o
10,922,442
10,922,442
42,932
10,965,374
10,965,374
__ 3 02312--,_
- 10,725,881
- '----=-107259 "
,
100%
Lid lifts, Refunds and Total
+ First year lid lifts
+ Limit Factor Levy
= Total RCW 84 55 levy
+ Relevy for prior year refunds (Note 5)
= Total RCW 8455 levy + refunds
ALLOWABLE LEVY (Note 6)
Increase Information (Note 7)
Levy rate based on allowable levy
) Last year's ACTUAL regular levy
Dollar increase over last year other than N/C - Annex
Percent increase over last year other than N/C - Annex
o
11,087,620
11,087,620
42,932
11,130,552
11,130,5521
3 06866
10,725,881
272,437
2.54%
Calculation of statutory levy
Regular levy assessed value (Note 8)
x Maximum statutory rate
= Maximum statutory levy
+ Omitted assessments levy
= Maximum statutory levy + omits
Limit factor needed for statutory levy
3,627,170,637
3 14109
11,393,269
o
11,393,269
Not usable
ALL YEARS SHOWN ON THIS FORlYf ARE THE YEARS IN WHICH THE TAX lS PAYABLE.
Please read carefully the notes on the reverse side.
lll02/05 8.34 AM
LevyLimitWS.doc
'-
2005 Actual Property Tax Levy $ 10,725,881
1 % Limitation (1-747) 1 01
Allowable Levy Prior to New
Construction and Increase in Utility
Values $ 10,833,140
New Construction & Estimated
. Increase in Utility Value $ 43,648,923
2005 Regular Levy Rate $ 3.11712
New Construction & Utility Levy $ 136,059
Total Estimated Allowable Levy $ 10,969,199
Total Estimated Levy Rate $ 3.02417
Recommended Levy Amount $ 11,000,000
Corresponding Levy Rate $ 3.03267
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA
REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING
JANUARY 1, 2006, ON ALL PROPERTY, BOTH REAL AND
PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has properly given notice of the public hearings held
on November 21, 2005, to consider the City's current revenues and expenses budget for the
2006 calendar year, pursuant to RCW 84.55.120; and
WHEREAS, the City, after hearing and du1y considering all relevant evidence and
testimony presented, has determined that the City requires an increase in property tax
revenue from the previous year, in addition to the increase resu1ting from the addition of
new construction and improvements to property and any increase in the value of State-
assessed property, in order to discharge the expected expenses and obligations of the City;
and
WHEREAS, the City has determined that it is in its best interest and necessary to
meet its expenses and obligations for the property tax revenue to be increased for 2006, and
the final assessed valuation calcu1ation has been determined,
NOW, THEREFORE, THE CITY COUNCIL OF 'THE CITY OF TUKWlLA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. An increase in the regular property tax levy, in addition to any amount
resulting from the addition of new construction and improvements to property and any
increase in the value of state-assessed property, is hereby authorized for the 2006 levy in the
amount of $107,259, which is a percentage increase of 1.0 percent from the previous year
Section 2. 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 3. 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 and effect
January 1, 2006.
PASSED BY THE CITY COUNCIL OF TIIE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this day of , 2005
AITFST / AUTHENTICATED'
Steven M. Mu1let, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY.
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
Office of the City Attorney
C:\Documents and SettingslAll Users\DesktoplKelly\.'vISDA TAIOrdinancesIRegular Tax teyydoc
KF:ksn 11/2212005
Page I of 1
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19011
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR
THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR
COMMENCING JANUARY 1, 2006, ON ALL PROPERTY, BOTH REAL
AND PERSONAL, Th{ SAID CITY WHICH IS SUBJECT TO TAXATION
FOR THE PURPOSE 'OF PAYING SUFFICIENT REVENUE TO CARRY
ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY
FOR THE ENSUING YEAR AS REQUIRED BY LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated
financial requirements for 2006 and the amounts necessary and available to be raised by
ad valorem taxes on real, personal and utility property; and
WHEREAS, the final assessed valuation calculation has been determined,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regular Tax Levy.
A There shall be and hereby is levied on all real, personal, and utility property in the City
of Tukwila, in King County, whose estimated assessed valuation is $3,627,170,637, current taxes
for the ensuing year commencing January 2006, in the amount and at the rates specified below'
Rate A motint
Regular Tax Levy $3.03 $11,000,000
B. The said taxes herein provided for are levied for the purpose of payment upon the
general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance
of the deparbnents of the municipal government of the City of Tukwila for the fiscal year
beginning January 1, 2006.
Section 2. Collection. This ordinance shall be certified to the proper County officials, as
provided by law, and taxes here levied shall be collected to pay to the Finance Director of the
City of Tuh-wila at the time and in the manner provided by the laws of the State of Washington
for the collection of taxes for non-chartered code cities,
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation,
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect January 1, 2006,
PASSED BY TIIE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this day of . 2005
ATTEST/ AUTHENTICATED'
Steven M. Mullet Mayor
Jane E. Cantu, CMC City Clerk
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
APPROVED AS TO FOR1.1 BY
C:IDocuments and Settings\Al1 UsersIDesl.-top\Kelly\.\o!SDATA\Ordinances'.GeneraJ Tax Levy.doc
KF:ksn 11/2212005
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'<
Finance and Safety Committee
November 21,2005
D 'AFT
Present
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Nick Olivas, Kevm Fuhrer, Derek Speck, Rhonda Berry, Kathenne Kertzman,
Lucy Lauterbach; citizen Chuck Pamsh
1. Neighborhood Resource Center Agreement The Committee members thought the newest
version of the agreement was fine. However, they asked for infonnatlOn about what the City's
original contract said about tenmnation, and what Mr. O'Bnen responded with. They thought It
could go into the memo for the Agreement. Recommend Agreement to CO\V.
\
2. Emplovment Contract with the City Administrator The three members all expressed
support for the contract as presented. It covers the conditions of employment for the City
Administrator. Recommend contract to CO\V.
3. Interlocal Agreement with Des .Moines Regarding Tourism Katherine explamed the City
of Des Moines is interested in becoming part of Seattle Southside Visitors Services (Tourism).
Des Moines has three hotels that will be included, and their waterfront will also be featured in
Tourism promotions. Now Des Moines as well as Kent and SeaTac will all help share overhead
costs for the office. As this item is on this evening's Regular Meeting for passage, it will, if
passed, go to the Des Moines Council for aproval there before it takes effect. Recommend issue
to that evening's Council meeting.
~. 2006 Proposed Property Tax Levv 2006 property tax levies need to be submitted to Kmg
-'1'~ounty the first week of December. However, the final City property valuations will not be
known by that time, so an estimate will be made. Tec1mical adjustments are then made in
Janumy. Kevin smd we'll have to estimate the State utility rate. Property tax increases are lImited
to a 1 % growth due to Initiative 747. Pam noted working figures and the estimate in the
ordinance needed to be the same. Recommend ordinance to CO\V and Special Meeting
11/28/05.
5. 2006 Budget Review The Committee finished theIr review of the Fire Department and
various miscellaneous finance funds in the budget. Nick said the department will try to bid both
the aerial ladder truck and the pumpers they are buying together to see if they can get a better
deal. Information; budget review completed.
Prepared by L. Lauterbach
Committee chair approval
Tentative Agenda Schedule
~_ -_o-M0NTfL. ~lF~~~i'N~~~)
- . --.- .--. --. - UREGlULAR-. -
__ _ _. _~___ ___ __ C' _ _ . " ---
- - -.-- -- - - - - -- - .--.. - ~-
- - - __ - - ___ _____ _.u. _ __ _, _ - - ,---
H~:[~~~~~f~1-~~-:o.~5~~~~-:._'> '~:':~_'~-~___ '~-L~ - -,~:-~-~~
.. ____ __,__ n_ __
--.--- - - -- - -.- --
- - -- . --
November 7
lfh - General
Election Day
11th -
Veterans' Day
(City offices closed)
24th -
Thanksgiving Day
(City offices closed)
25th -Day after
Thanksgiving
(City offices closed)
December 5
26th -
Christmas Day-
observed
(City offices closed)
-
-----
21
28
-- -. -
-~.- - ---
2~~, : ~EE~~N€!~3:~. J_mEETIN@~~;.-
: :~el~EGll.J:LA.R ~ -, "ootc-~t~ic.o.W.Jgj;-,
14
See agenda packet
cover sheet for this
week's agew1a
(Novembr;~l, 2005
~lar !:!~
Special Meeting to
immediately follow the
Committee of the
Whole Meeting
12
19
27 (Tuesday)
Appointment:
Lodging Tax Advisory
Board
Public Hearing:
Comprehensive Plan
Transportation Element
amendments
Unfinished Business:
An ordinance extending the
current moratorium on
certain land divisions and
development activities
within the Transit Oriented
Development planning area
9
17 (Tuesday) 23
January 3 (Tuesday)
2nd - New Years
Day--observed
(City offices closed)
16th -
M.L. Kmg Jr. Day
(City offices closed)
3dh -Fifth
Monday of the
month-no
Council meeting
scheduled
Public Hearing:
Developer's agreement
(Tukwila South project)
This Committee of the
Whole meeting to be
immediately followed by
a Special Meeting.
Upcoming Meetings, & Events
NOVEMBER & DECEMBER 2005
28th (Monday) 29th (Tuesday) 30th (Wednesday) 1st (Thursday) 2nd (Friday) 3rd (Saturday)
;.- Transportation ;.- Community ~ COPCAB, ~ Equity & ~ Human :(3rllfikf!:u;t
Gmte, Affairs & Parks 6.30 PM Diversity Services
CANCELLED Cmte, (CR #5) Commission, Providers, with (~)fintfi
5:00 PM (RESCHEDULED 515n! 11.30AM (Sponsored by the
,. City Council (CR #3) FROM 11123/05) (Showalter Middle (Community Tukwila Rotary)
Committee of School Library) Center) Pancake breakfast
the Whole Mtg., plus holiday
7:00 PM entenainment!
(Council PUBLIC 9:00 to 11 :00 AM
Chambers) MEETING (Community
(COW Mtg. to Link Light Rail Center)
be immediately Construction Update ~
followed by a
Special Meeting) 5.30 PM
(Foster Library)
Breakfast: $5.00
~ Court at the door (limited
\ seating)
(Photo with Santa
available Jor an
additional cost.)
5th -(Monday) 6th (TueSdav) .1th(Wedriesdav) H.. 'Sth,-IThursday) 9th (Fridav) 10th (Saturday)
~ Finance & Safety ,. Chamber of Clay Jenkinson ,. Planning ~ Human
Cmte, Commerce performance Commission, Services
5:00 PM Gov't. & 7:00 PM Advisory
(CR #3) Community Clay Jenkinson as (Council Board,
Affairs Cmte., Thomas Jefferson and Chambers) 10:00 AM
}> City Council 12:00 NOON Bill Chrystal as John (Human
Regular Mtg., (Chamber Adams in a debate Services
7:00 PM Office) 7:00 PM Clay Jenkinson Office)
(Council Tukwila Performing performance
Chambers) ~ Utilities Cmte, Arts Center (at Foster Clay Jenkinson as
5:00 PM High Schaal) Theodore Roosevelt
(CR #1) Call 206-674-4673 for 7:00 PM
more infonnation. Redmond Performing
Sponsored by Tu/cwi/a Arts Center (at
}> Arts Rotary Ctub, King County Redmond Hi'gh
Commission Journal, and ExeCll/ive School)
REsCHEDULED Support Center. Inc. Call 206-674-4673
TO DEC. 13m for more infonnation.
Sponsored by Tu/cwi/a
Rotary Club, King
County Journal, and
Executive Support
Center, Inc.
,. Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burm at 206-243-6506.
,. Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Motej at 206-767-2342.
,. Chamber of Commerce's Tukwila Government and Community Affairs Committee: I sl Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206-575-/633.
,. Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat, 10:00 AI,,! to 1 :00 PM, Foster HS main parking lot
Dispose of prunings and plant materials ITom the longhomed beetle quarantine area. Drive your truckload of materials to the parking
lot and help will be provided to unload, chip and dispose of materials ITee of charge. Be sure to bring 10 with quarantine area address.
Y City Council Committee of Whole (C.O. W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
? City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
y Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room #3 Contact Bev Willison at 206-433-/844
,.Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conr. Room #3. Agenda items for / //29/05 meeting:
(A) Way Back Inn lease for Foster house (at 14239 42nd Ave. S.). (B) Land donation from the Cascade Land Comervancy
,. COP CAB (Community Oriented Policing Citizens Adv, Board): 4th Wed., 6:30 PM, Conf. Rm #5. ,Harjo Murray (206-433-7175).
~Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room #5. Contact Marja Murray at 206-433-7/75.
y Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5. Contact Evie Boykan or Stacy Homen at 206-433-7/80.
~ Equity & Diversity Commission: 1st Thurs., 5 15 PM, Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834
~ Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3.
~ Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center Contact Chief Dave Haynes at 206-433-/812.
y Human Services Advisory Brd: 2nd Fri. of even months, 10:00 A,',j, Human Services Office. Contact Evie Boykon at 206-433-7180.
y Human Services Providers: 11.30 MI, TCC, (tentative schedule: 3/18, 6/17, 9/16,1212). Contact Stacy Homen at 206-433-7/8/
~ Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library Contact Bruce Fletcher at 206-767-2343
~ Lodging Tax Advisory Committee: Every other month (or as scheduled), 12 NOON. Contact Katherine Kertzman at 206-575-2489
~ Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center Contact Kimberly lv/atej at 206-767-2342.
,. Planning CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7'00 PM,
Council Chambers at City Hall. Contact Wynetta Bivem at 206-431-3670.
y Transportation Committee: 2nd & 4th Mon., 5:00 P~!, Conf. Room #1 11/28/05 meeting has been cancelled
,. Utilities Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #1.
~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).
Work Session
Updating the Trasnportation Element of the Comprehensive Plan
November 28, 2005
■ GMA requires every 10 years
■ Address traffic congestion
■ Provide funding options
■ Strengthen concurrency /impact fee
relationship
November 28, 2005
GMA ReQuir
ii
needs must
F acility and service
ars
include � lor at least t en ye
of traffic land use plan
. FOreGaStS the adopted into
based for bringing
actions facilities or
• Specific a transportation
an established
�om'P�ian�e
Services that are belo't" dard
level of service
November 28, 2005
(�Iv►r ` ',must include'
'Pan ditional iunding
F‘nancing
ad piscUSS1On d bow
With
Will be Case With Funding
GCOWth (Concurrerrcy)
Balancing PfdleCtS
Ilransportation
November 28, 2005
options S
Gon�ur eet trencv he
�a��s to 'm
optons af deeb0T\Nin9
•the develon�de\J8102'ff'g ¶:: Reduce the Sale at
• • Redo needed Construct improvements
daCd
the Stan
SOS to the LOS standard
• Change
November 28, 2005
■ LOS D (35 -55 seconds of delay)
• Noticeable traffic volumes, increased signal
cycle length
aximumthrou
LOS F (Greater than 80 seconds of delay)
• Unstable flows, high levels of delays, driver
discomfort and kur§,trOp
North
r
i 4�
dj c
-via r
..411P mis°48.jr-1117„:,11,: s� J
AL V111.6%,...600......
tilitriaffir Iiiit2)
z
.
Urban Center
Corridors
• 11 corridors
triall01161
Legend:
Freeway
Ramp
wassaleaso River
..... .................. Trail
--- Railroad
Note: not to scale
rStir' ;i
■ Traffic volumes
• Daily
• AM peak hour
■ Levels of service
• Qualitative measure of traffic congestion
November 28, 2005
1
■ MOcat O�
intefsections
operate at L OS
«p" or better
No major LOS
problem
Klickitat Dr./ Southcenter
Pkwy/ Strander Blvd:
61st Ave Bridge /Southcenter
Blvd:
66'" Ave/ Southcenter Blvd/ W
Valley Hwy:
Two Scenarios
. Moderate Growth (Baseline)
Aggressive growth
th
• Tukwila Urban n Center Subarea Plan
• Westfield
Mall Expansion
• Tukwila Valley South
• JC Penney 's
warehouse site
• Tukwila Village
November 28, 2005
Existing facilities
■ Tukwila Pkwy
extension
168t" Street (new)
SC Parkway
widening so of S
180t" St
Strander Blvd
extension
November 28, 2005
_ . congestion . ira�ic gg along
on SR n borders
w eSteC
Most °f
Unsignalized
intersectons --
Acceptable
LAKE .
.0451.1/4GTON
North
0
City Unit
Part
River
Freeway
Outside the TUC
Signalize
3 locations
intersection
Improvements
• 2 locations
Nove
Southcenter Blvd/
61St Avenue
Overpass
• Widen Southcenter
Boulevard between the I-
5ramps and 61st Avenue
• Re- construct the 61st
Avenue overpass with
seven lanes
• Add a SB one -way
inbound entrance to
Southcenter Mall at the
61st Avenue/ Tukwila
Parkway intersection.
N
Legend:
immo iumi Freeway
Ramp
sossamMtaa River
Trail
------ ------ Railroad
Note: not to scale
Widen EB
Lane
Add One.
WB Approach
Lane
Construct
6-Iane Bridge
Southcenter
Boulevard/ West
Valley Highway
• Widen EB and WB
approaches
• Extend the existing NB
left turn lane
Stroll Blvd
,val'31''ii7.':ia� , r
N
Legend:
IMOMOONSIMMI Freeway
Ramp
asdmonava River
Trail
- --- ---- Railroad
Nate: not to scale
Widen EB/WB
Approaches and Extend
NB Left Tarn Lane
Construct
6-Lane Badge
Signal Operation
improvements
• Optimize signal operation:
> S 180th St/ Southcenter Pkwy
Y S 180th Street/ West Valley
Hwy
Intersection
Improvements
• Add turn pockets
'r Andover Park E /Minkler
Andover Park W /Minkler
Tara Overpass °., ; 3iL ` i i
fit',;,
y`f6 5t.• ar�
tC
I
N
Legend:
srig ,olowFreeway
Ramp
engionlstatt River
Trail
--- - Railroad
Note: not to scale
ost Signal
Operation
" •-•
ty;
.4%
[;.).
0 t'"V.* .,
Proposals
Tukwila Routes
in Service Improvements
Weekend service
o Span of service
• Connections to
other transit
• Connections to
other locations
November 28, 2005
la F unding
•. Property, at'< tax,
• 'Taxes sales, p
Pr °perty�
3 Well etc.
REE X11'
• GrantS e
stat Bond
• Local federal, n �o
cal QblVg ato tri cts
• Gene al pis
ocal 1p
Co�em
�
• n Vis cella ne °u
S 'income -- bak e
Sales
• I, ct F ee s
November 28, 2005
• 1es of impart lees'. ents
rOVem
is Key Pfl?GlPosedon Ssted o te new • • Fees imp � related that are reasonably Share
deVe102eceed oate
rop that
a p system kmprovernents
of the cost °b� y
are reasonably related to the new
• � development
de\1eb0P'�'�en dust bent tpe
November 28, 2005
gil 4ZOfl0 Structure
Unique impact
Fee per zone
City of Tukwila
Impact Fee ,zones
0
NOT Iti SC4C
6 Ye
ar vqi do
• S
cces
sl V ckitat
Is Zone Urban �`
outhcenter -1
S park 11\1 . Andover �Nlink�er St
Andover Park . �g IS 156th
• And HIhwaY
• \N est v a11eY
Andover Pa rk el In d
• ustry Dr.
• S outhcent er parkw a Y IS X68
t h S ign
al
• w Valley Ktghway Strange r NB Lanes
• Winkler F1vd. ' pVV to S outhce
n
t e
r POI
No vember 28, 24 05 . Iban E36dg e
onto lower
�m dec�s�
• this policy 1 h% cuts
F . - islce amount due to
p Rate historic am °u
$5 ?3.5 if of hest aces
3'1 Ha Bement shares
Auburn $46g local agr
Bellevue 191.00 County Inter local
system
Be $2; King G based on Z° • • to phase
othell $2,600.00 revenues., bas decision
B • _ how 0 reven policy Covington 6,? 45.0 of $2? $5, �P
G _ ��gh $ 3 70%
Covington $� �g48.5
businesses e sm
a11 tax
Des Moyne
Kirl iand
Maple valley
Renton
Seal' ac
0 tment4r v 50 hea
$871.0
0 Ad \us annual to c1P
$3,922..00
7 5.0 `° ADV ! plus t$ more 0� Per aX contributes
$? 5.0 ark�ng T
$1 ,0
20•°° P
November 28, 2.005
proposed policies in
T Element
DSGUSSOn ot ration
rans'Po
November 28, 2005
Goal
i3.°1 o
Safe an d efflGie nt mov ement
le
a
nd
goods to fr °m' within' a nd through "Tukwila.
.
Im lem entati0n Strat eg tee
A Ongoing monitoring o accidents and level O service
R e
q u ire all n ew streets,
treei s street. improvements,
mpr° vemenis' p
ro
petty
developments and property improvements to provide side atk
s
Policies
consistent with adopted standards and subarea ans. Prop erty
developments and imp roVen ents in cornmer6al area Swill provide
direct
13.2..4 Continue to imp rov e residential sheets an d coordinate with utility
pedestrian accessrorn sidewalks to building s
13.2.5 Reg,ona t or non _to Gal iraff;c will be discouraged on residential
improvements.
access streets'
N ovember 28' 2005
Goal 13.3 Level -of- Service
Traffic levels-of-service that provide safe and efficient movement
of people, bikes, cars and buses and incorporate evolving land
use and traffic •atterns.
Policies
13.3.1 In general, Level of Service Standards shall vary by differing levels of development patterns, desired character
of streets, and growth management objectives. Use the following LOS standards to guide City improvement and
development approval decisions:
The Tukwila Urban Center corridor average is not to exceed LOS E, except for the Strander Boulevard and a portion of
the Andover Park E corridor. Methodology for computing the average LOS is described in the Comprehensive
Transportation Plan and is updated annually in the Concurrency Ordinance.
The Strander Boulevard corridor average is not to exceed LOS F with an average delay not to exceed 120 seconds.
The Andover Park E, between Tukwila Parkway and Strander Boulevard, is not to exceed LOS F with an average
delay not to exceed 120 seconds.
All other non - residential arterial intersections are not to exceed LOS E.
The LOS of minor and collector arterials in predominantly residential areas is not to exceed LOS D for each specific
arterial.
West Valley Highway (SR 181), as a state highway of regional significance, is not to exceed LOS E /Mitigated, as
defined by PSRC
SR 599, as a state highway of regional significance, is not to exceed LOS E /Mitigated, as defined by PSRC
entice
�a�ea
and, e "
t
tii
roved r ora,
ses and in raffle, at e
+' 'b ►��s, � ��a , �.
X�: 3e . 3.5 W h e' n ` re`t1ev■ i ng private
'. development
E elopn Ent proposals,
apply the
G
° n
c
urre
nc
Ordinance to determin e mitigation, it required, that will provide capacity or VOW
P eS
13.3 . 6 e as a priority increase d transportation choices such as
ranspo anon choices such as transit. us
e,
rides pare measures such as carpooling as capacity mitigation measures; and
g eneration c ontrol •
pedestrian a nd bicycle tacilities . Atter con sideration ot these priority
improvements, consider signal improvements, other str eet capacity
improvements, and street vvidening as a last re sod.
N�� _ A• Go a 1 13.3 L.
e V
e l.
pf - e
r
v l
ce
levelsai- servic rovid e saf e and efficient
°v m
en
e o le bikes ca rs and bused and 'incorporate evolving 1 ana
use an d trafic • attern s.
Implementation Strategies
,B Ongoing monito ring otrattc volumes and levels o� s e rvice
con currencl o rdinance
p °r a io Kea
r� 'ran
�c�"t'`rans � i�ie t�%ps,to, �romy
-veh ..
ll redt�e'e; sin::gl��occu����► Y , ;
is ransportat�en;.fio� Tu
kv1ila residents whb •depen
PoliCie transit, bicycle, and evolving
e to encourage the use of rideshare,
13.4.5Continu transportation improvements.
technological transp encourage the development and
participate in, and e
tinue to support service to the Tukwila Urban Center, lin
implementation ionalirapid rail with se tra g
lementeme of g efficient-capacity technologies that will serve people
►m`p in
and other emerging
to, from, and within Tukwila.
of regional light rail facilities to serve
ort and encourage the extension be conceptually described as running
t the Urban r The preferred route can b
ente sated east of Southcenter Mall and
the Urban C to a station to of So t to the TUC
South from the ter my of 1-405, n over Park West and in proximity to Strander
edge of Andover adjacent to or parallel
west it the Center, then turning east running second station adjacent to
Boulevard, Center, then e g Highway and north to a s
Boulevard, across West Valley Lon acres.
the Tukwila Sounder Station at 9
al 13.4 Public Transportation, Transit, i . Rideshare
icient transit capacity that will reduce single- occupancy - vehicle trips to, from, and through
Tukwila and provide public transportation for Tukwila residents who depend on it
Policies
13.4.11 Establish mode -split goals for all significant employment centers which will vary
according to development densities, access to transportation service and levels of
congestion.
13.4.12 The development of any light rail or commuter rail system should meet the
following objectives:
• Any commuter or light rail system serving Tukwila, Seattle, South King County and /or Sea -Tac
Airport should be located in a manner which promotes the coordinated short -term and long -term use of
alternative transportation systems, such as carpools, buses, commuter rail, and light rail.
• Such' systems shall be located so as to allow for future extensions to commuter and /or light rail
service to East King County and Southeast King County.
• Such systems shall be located in a manner that serves the Tukwila Urban Center and the Tukwila
Multi -modal Center, so as to encourage the development of these Centers in the manner
contemplated by this Plan and the Countywide Planning Policies.
1S
Transit, an
tll'� s to,
from
��'�,� ��e� ►ele trips e end
-eccupanL`y . dents s vvho to d
, � ►rg�e Tukwila CeS► ,.
13 • blir
reduce tion for
`cap�eity t a transportation
ransPor a
t ans►t: ide ubiic,
nd: ro� p.
Strategy
1�,p1e cam,
/\ C ute rip
Reduc tion Program a
B. Enc o urage transit providers to meet
minimum
level
oi service
C. Tukwila lead on construct10n of ,Transit Cen ter in TUC area
standards
•
...lw.r±%a .. .
Goal 13.5 Non - motorized Transportation
Bicycle and walking . capacity for regional
Category I and local Category II trips.
Policies
13.5.5 Continue to coordinate with adjacent agencies on the
development of regional non - motorized transportation improvements.
13.5.6 Provide additional sidewalks and foot trails as opportunities and
development occur.
13.5.7 Pursue converting railroad and other easements to pedestrian
and bicycle trails.
13.5.8 Require secure bicycle racks in appropriate locations.
X;' 3,6" .1 include trucking design parameters i n
p
rin
cpa a
d
minor
arterial
Policies
improvements as we ll as in cornmerca 1 areas.
113.62 Incude bus design considerations in Improvements on
3.6.3 All ow truck tragic on all principal and minor arterials as well as
on
s treets with existing or potential bus service.
commercial a rea local acc ess streets. Consider using load limit
restrictions on residential collector arterials and residential local access
streets, lollowing a tragic study and meetings with residents and
e
busin SSes
nd n Sources and Mitigation Payment ys..em
gal 13.7 Fu g
rants miti ations, general funds, and other sources for
nding through: g g
a acct ��y measures to maintain adopted LOS standards.`
Safety and c p
Policies
13.7.1 Continue to pursue grants.
13.7.2 Use an impact fee system that identifies:
• Capacity improvements based upon the long -term 2020 LOS needs but also accommodates a
realistic financing plan.
• Costs of improvements needed to mitigate growth is reflected in the annual Capital Improvement
Plan update and annual update to the Concurrency Ordinance and Impact Fee Schedule.
• Costs to be shared between new development and existing users.
• Impact Fee assessments, determined by the number of new development trips in the p.m. peak
hour.
• Additional mitigation, in accordance with the Concurrency Ordinance when development affects
locations not meeting Concurrency standards.
ation strategy d Impact
Implement
c Ordinance an
p update a Concurren y
t and annually upda
A Adopt
Fee Schedule. ies.
B AggressiVe}y pursue grant opportunities.